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(i- R. GOVERNMENT
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*== JAMES ANDSANFORD
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251
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arne s -
Southern Branch
of the
University of California
Los Angeles
Form L-l
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This book is DUE on the last date stamped below
JUN 9 1926
NOV 4 ig
JUL 13 1926
- 1929
5 1929
5 1931
i
Form L-9-15/;i-8,"-!4
OUR GOVERNMENT
LOCAL, STATE, AND NATIONAL
BY
J. A. JAMES, Ph.D.
PROFESSOR OF HISTORY IN. NORTHWESTERN UNIVERSITY
AND
A. H. SANFORD, M.A.
PROFESSOR OF HISTORY, STATE NORMAL SCHOOI , STEVENS POINT,
WISCONSIN
NEW YORK
CHARLES SCRIBNER'S SONS
1907
COPYRIGHT, 1903, BY
CHARLES SCRIBNER'S SONS
vj 2^3
PREFACE.
The subject-matter herewith presented partially repre-
sents the plan pursued by the authors as teachers of civil
government for a number of years in high school, academy,
and normal school. It has been found that a study of the
methods by which the affairs of government are conducted
gives constant interest to the work, and, consequently, the
practical side of government has been emphasized. But
while our desire has been to bring the actual working of
the institutions under which the student lives into promi-
nence, we have also attempted to give such accounts of the
origin and early development of forms of government as
will assist in explaining their process of growth. The plan
of discussion is similar to that followed in " Government
in State and Nation." The general favor with which that
text has been received leads to the belief that it fully meets
the requirement of the Committee of Seven for such schools
as present civil government in the third or fourth year of
the course. In many cases, however, the subject is taught
earlier in the course, and the present work has been pre-
pared in answer to the requests of teachers for a text
suitable to this class of students.
The arrangement is such that either Local (Part I),
National (Part II), or State Government (Part III) may
be studied first. In the work on local and State govern-
ment it is not expected that the student will learn all of
the different practices found in the various States, but that
he will compare them with those of his own State.
v
VI
PREFACE.
While some of the discussions and many of the sugges-
tive questions are intended to make students realize more
completely their duties as citizens, many more having a
local bearing will occur to teachers. It is scarcely to be
hoped that all of the books and magazines mentioned will
be found in any high school library, but the need for sup-
plementary reading is being met through the rapid increase
of public libraries. A working library on the subject of
civics may be accumulated in a short time if only a few
of the books given in Appendix C are procured each year.
No attempt has been made to give references to all of the
material which has appeared within the past few years. k
The ability of the reader and the time to be devoted to
the subject have been kept constantly in mind. There
may be more supplementary questions and references than
can be used by any one class. Should it happen, on the
other hand, that more work of this character is desired,
the need may be met by reference to similar questions in
"Government in State and Nation."
We are under obligation to Miss Carla F. Sargent of
Northwestern University Academy who read a large part
of the manuscript. We also take this opportunity of
acknowledging the assistance given by many teachers
of civics, strangers to us, who are using " Government in
State and Nation," for their helpful suggestions.
Evanston, Illinois,
May i, 1903.
CONTENTS.
CHAPTER
I.
II.
III.
IV.
PART I.
The Work of Local Government .
County Government ....
The Origin of Local Governments
The Government of Cities
PAGrf
I
7
'9
PART II.
V. Events leading to the Formation of the Union
VI. The Constitutional Convention
VII. Organization of the Legislative Department
VIII. Powers and Duties of the Separate Houses
IX. How Laws are made by Congress.
X. Some Important Powers of Congress
XL Other General Powers of Congress
XII. Powers denied the United States and the Sev
eral States ....
XIII. The Executive Department .
XIV. Powers and Duties of the President
XV. The Cabinet
XVI. The National Judiciary .
XVII. Territories and Public Lands
XVIII. Amendments to the Constitution .
XIX. The Governments of the World .
vii
32
40
5°
66
73
83
98
11 1
"5
131
141
156
165
175
179
Vlll
CONTENTS.
PART III.
CHAPTER PAGE
XX. The Origin of State Governments . . . 186
XXI. State Legislatures 191
XXII. State Executive and Administrative Depart-
ments 199
XXIII. Political Parties and Elections .... 207
XXIV. Taxation 220
XXV. Judicial Trials 229
XXVI. Public School Systems ...... 237
APPENDIX.
A. Constitution of the United States
B. The Articles of Confederation .
C. Declaration of Independence
D. Reference Books ....
INDEX
243
260
269
274
275
PART I.
LOCAL GOVERNMENTS.
THE WORK OF LOCAL GOVERNMENT.
The Preservation of Order. — The first and most impor-
tant function of any government is the preservation of
order. We think of this function most frequently as exer-
cised in the arrest of offenders who violate the law. In
fact, most young persons receive their earliest ideas of
government by seeing that embodiment of governmental
authority, the policeman, or constable. But he is not the
only officer who is concerned in the preservation of order.
The police officer who makes an arrest cannot punish his
prisoner, but must merely hold him until it is decided that
he deserves punishment. This is the work of a court,
with its justice, or judge, and the jury. If the prisoner is
declared guilty, then the police officer executes the orders
of the court by collecting a fine or by imprisoning him.
We have here illustrated two divisions of governmental
authority: (i) the judicial, which decides whether the law
applies in particular cases; and (2) the executive, which
carries out the requirements of the law and the orders of
the court.
2 LOCAL GOVERNMENTS.
Law-making. — The executive and the judicial officers
are both subject to higher authority : the one applies and
the other executes the law. The framing of the law con-
stitutes the third function of government. This is the work
of legislation, carried on by such bodies as the town board,
the village board, and the city council. But these law-
making bodies do not possess independent authority ; they
are bound more or less strictly by the opinions of those
who elected them to office ; i.e. the body of voters.
The Three Divisions of Government. — We say, then,
that in our country government is based finally upon the
will of the people. For the expression of their will they
choose numerous officers, who may be grouped under three
heads, corresponding to the general divisions of govern-
ment : legislative, executive, and judicial.
Just as it would be impossible for all the voters to take part in
applying or interpreting the law, so it is in most cases impossible for
them to assemble in a body and make the laws. They generally dele-
gate this work to legislators ; but in some States the voters of a town
(or township) assemble yearly in town meeting, where all may take
part in discussion and in voting.
Roads and Streets. — The preservation of order is but
one of the functions of government. In towns where the
population is scattered, roads must be built, and it is still
more necessary that in villages and cities, where many
people live within a small area, streets should be graded
and paved and sidewalks maintained. This is an illustra-
tion of the way in which, through the machinery of govern-
ment, people provide themselves with many conveniences
that it would be impossible for each citizen to provide for
THE WORK OF LOCAL GOVERNMENT. 3
himself. The legislative bodies already mentioned deter-
mine the extent to which these things shall be done : the
town board orders the laying out of a new road ; the vil-
lage board or the city council passes ordinances saying
what streets shall be paved and what materials shall be
used in the work.
Executive Officers, General and Special. — The actual
execution of the work involved in public improvements
is generally in charge of a special officer, such as the road
or street commissioner. But since there are many other
matters of public concern that require attention, each
under the control of an executive officer, it is necessary
that a general officer should be in authority over all of
these as the chief executive of the local government. This
officer is known by various titles, as, in the town the
chairman, in the village the president, and in the city the
mayo j'. In any case, he has all or most of the important
executive work of government under his control. It is his
duty to see that the laws are obeyed, so the police officers
are subject to his orders. The chief executive is guardian
of the people's interests ; for he must see that the minor
officers do not injure the public welfare by neglect of duty,
and he must defend the public from all persons who would
encroach upon its rights.
Let us now consider some of the other ordinary func-
tions of local government.
The Poor. — Poor relief may be mentioned first. How
much aid shall be granted to paupers, and how shall it be
distributed, are questions that everywhere require attention.
4 LOCAL GOVERNMENTS.
Public Health. — Public health is also an important sub-
ject upon which local laws must be enacted. In cities,
particularly, the council passes strict regulations for pre-
venting the occurrence of diseases and for checking the
spread of such as are contagious. City ordinances are
also enacted regulating the construction of sewers and
drains. The health commissioner and the city physicians
are the particular officers who direct the execution of laws
upon these subjects.
Education. — Public education is among tne most impor-
tant of the local government's functions. The free schools
which exist everywhere in our country are supported and
controlled chiefly by the towns, villages, and cities. In many
States, however, there are other divisions, called school dis-
tricts, which have boards and officers for this purpose.
Other Necessary Functions. — Protection from fire is so
important in communities where population is dense that
special officers and apparatus must be provided. So, too,
streets must be lighted, and a pure water-supply provided.
Parks, Museums, and Libraries. — Besides the functions
of government that are readily seen to be necessary, there
are others which may not at first appear to be so. We
have cities providing parks, with beautiful lawns and
flower-gardens ; museums, where articles of historical and
scientific interest are kept; aquariums and zoological
gardens ; libraries, with books, magazines, and papers for
the free use of all citizens. If one looks closely, he will
see a reason in each case why the government undertakes
these various enterprises.
THE WORK OF LOCAL GOVERNMENT. 5
Why Taxes are Levied. — We have now to consider a
power of government, without which none of the others
so far enumerated could be exercised. This is the taxing
power. In every instance money must be used by local
governments in exercising their functions. Officers, who
are agents of the people, depend largely upon taxes for
their salaries. Taxes are levied by the legislative bodies
that we have found in towns, villages, and cities. Other
officers, assessors and treasurers, determine the amount to
be paid by each citizen and collect the taxes. The treas-
urer also has custody of public money, and pays it out
when ordered to do so by the proper authorities.
All of the operations of government are matters of
record. While each officer is expected to keep strict ac-
count of the operations of his own department, the general
records of towns, villages, and cities are kept by the clerks.
This general view of local governments may now be
summarized in two forms : —
I. The Functions of Local Government.
1 . Protection : — ■
The preservation of order.
Protection against fire.
Protection of public health.
2. Providing Necessities and Conveniences : —
Roads — Streets — Sidewalks.
Water — Lights — Sewers.
Poor relief — Education.
Parks — Libraries — Museums.
LOCAL GOVERNMENTS.
II. Officers of Local Government. 1
VILLAGE.
Board
President
Clerk
Treasurer
Assessors
Constables
Street Commis-
sioner
TOWN.
Board
Chairman
Clerk
Treasurer
Assessors
Constables
Road Commis-
sioner
CITY.
Council
Mayor
Clerk
Treasurer
Assessors
Police
Street Commis-
sioner
Justices
Justices
Justices
SUPPLEMENTARY QUESTIONS.
Make a study of your local (town, village, or city) government,
i. Group the officers as legislative, executive, and judicial, respec*
tively.
2. How many different methods are used in paying these officers?
3. Do all the voters ever assemble to make laws? If not, how is the
will of the majority expressed ?
4. What are some of the local regulations regarding the poor?' 2 pub-
lic health ? protection from fire ?
5. Who pays for the education that young people receive in the public
schools ?
6. How much has your local government done toward furnishing
things that are not merely conveniences ? How do you justify
expenditures for these purposes?
7. Does the management of local government excite as much inter-
est among the citizens as it should?
8. In what ways are students directly interested in having efficient
local governments ?
1 The list here given is not complete, and the official titles are not the
same in all States.
2 For a general account under this topic, see James and Sanford, " Govern-
ment in State and Nation," Chapter VIII. Health regulations are discussed
in the same work, pp. 98 and 99.
CHAPTER II.
COUNTY GOVERNMENT.
Why there are Counties. — If the local organizations
discussed in the preceding chapter could attend to all the '
interests that citizens have in common, then government
would be a much simpler matter than it is. But just as
almost every citizen has business and social relations out-
side of the immediate vicinity in which he lives, so differ-
ent communities must have political relations with each
other if they are to live in harmony. For this and other
reasons, which we shall learn presently, county govern-
ments are instituted. Their organization and functions
correspond quite closely to those of the towns, villages,
and smaller cities.
Important County Officers. — The local governments can-
not undertake alone the preservation of order or the protec-
tion of citizens against criminals. We have, consequently,
an important officer, the sheriff, who with his deputies has
power to make arrests. There is also the judicial side of
county governments, seen in the court, with its judge. In
this court another county officer, called the district or
State s attorney, prosecutes persons who are accused of
crime; i.e. he finds and presents in the trial evidence
of the prisoner's guilt.
7
S LOCAL GOVERNMENTS.
Functions of County Government. — Public highways are
also matters of more than local concern. When an expen-
sive bridge is to be built, or an important road in which
several communities are interested is to be constructed,
the county government can best raise the money and
manage the work. So, too, in caring for the poor, the
county may aid the local governments, or it may assume
entire charge of the paupers, and maintain a poorhouse.
The County Board. — It is evident that there must be
a legislative body which shall determine the policy of the
county in these matters. This is the county board, or as it
is called in some States, the county court. In most States
this body is composed of commissioners. These are elected
by either of two methods: (i) at large, when every voter
may vote for the entire number of commissioners ; (2) they
may be elected from districts into which the county has
been divided. In some States the members of the county
board are called supervisors, and they represent the towns,
villages, and wards of cities. Under this system the county
board is generally larger than under the commissioner sys-
tem. There is another difference between the two systems :
in the States that have county commissioners, the county
government has more extensive functions than in the other
States. That is, county government has almost entire con-
trol of such matters as roads and poor relief, leaving the
local governments with little authority in these directions.
On the other hand, where the supervisor system exists, the
towns and villages have chief authority in legislating upon
these matters, and the county assists or takes only such
part as it finds necessary for the general good.
COUNTY GOVERNMENT. 9
Power of the Board. — The county board holds annual
meetings and legislates for the county as a whole. It has
charge of the county property, including the court-house,
jail, and poorhouse. Since it must provide for the ex-
pense of maintaining these buildings, for the salaries of
county officers, and for other expenses connected with
roads, poor, and other county business, the board must
also have the power of levying taxes.
Superintendent of Schools. — Education is another func-
tion of government which is not managed solely by the
local units. There is a county officer, called the superin-
tendent of schools, who has supervisory powers, and he
usually examines teachers and certifies to their qualifica-
tions.
Register of Deeds. — The register of deeds, or recorder,
is a county officer who keeps records of certain kinds.
Among other things, copies of deeds are registered or kept
in his office. A person wishing to buy real estate {i.e.
houses or lands) may, by consulting the records in this
office, learn whether the owner has a clear title to the
property.
Coroner. — The corotier has the duty of holding inquests
when persons meet death by violence or in some unex-
plained way. He may also perform the duties of the
sheriff when the latter is incapacitated.
Surveyor. — The county surveyor makes surveys at the
request of public authorities, as well as for individuals.
He keeps the official records of the boundaries of farms
and lots.
10 LOCAL GOVERNMENTS.
Clerk and Treasurer. — Of course the county must have
its clerk and treasure)', the customary officers whose duties
are, respectively, to keep the records and to handle county
moneys.
We may now pass in review the principal features of
county government: —
I. Legislative.
i. Comity Boards : —
Commissioner type
Supervisor type
2. Functions : —
County buildings Roads and bridges
Poor — Education Taxation
II. Executive and Administrative Officers.
Sheriff and Deputies Attorney
Clerk Superintendent of
Treasurer Schools
Register of Deeds, Coroner
or Recorder Surveyor
(In some States, Assessors and Collectors of Taxes,
and Auditors.)
III. Judiciary.
County Court District Court
Relations of Local Officers to State Law. — There are
other reasons than those already given why States are
divided into counties. One is because, in the performance
COUNTY GOVERNMENT. II
of their duties, the county officers act as agents for the
State ; that is, they carry out the requirements of State
law in their own localities. For example, criminals are
brought to trial and punished under State law, but it is
administered by local or county officials. So the surveyor,
superintendent of schools, register of deeds, and other
officers act under State laws. While it seems best to
have one general law for the State upon important sub-
jects, it is also the policy of our government to intrust the
execution of the law, in most cases, to local rather than to
State officials. These officers, being elected by the people
of the various localities, feel their responsibility more
keenly than if they obtained office by appointment from
State authorities. The counties, then, are administrative
districts of the State, made for convenience in the manage-
ment of those governmental matters which are uniform
throughout the State. In the control of those matters
which affect but one locality, the county authorities are
free to follow their own policy, within the limits of State
law.
What has been said concerning the relation of the county
to the State government is true to a considerable extent
concerning the town, village, and city governments. Here,
too, elections are held, taxes are collected, and trials are
conducted by local officers in accordance with State law.
Indeed, it is true that these local divisions owe their ex-
istence to State law. Towns are laid out, villages and
cities are incorporated, in accordance with the provisions
of laws enacted by State legislatures. The State is the
source of all the authority exercised by the officers and
governing bodies of these local governments.
12 LOCAL GOVERNMENTS.
SUPPLEMENTARY QUESTIONS.
Make a study of your county government.
1. Outline the officers in groups, as on p. 6.
2. Learn the important duties of each officer.
3. Are officers paid by fees or by salaries ? Which is the better
method ?
4. What is the length of the term for which each county officer holds
his position ?
5. How many members constitute the county board ? Are they
commissioners or supervisors ? When do the meetings of the
board occur ?
6. Obtain a copy of the county board's report and ascertain what im-
portant business has been transacted.
7. What buildings has the county at the county seat ? Does it own
property elsewhere ?
8. What process is followed in laying out a new town ? in the incor-
poration of a village ?
REFERENCES.
1. An account of local government in Illinois, Iowa, Michigan, and
Pennsylvania is found in Bryce, The American Commonwealth,
Vol. I, 572-581 (601-610). 1
2. The functions of local government are discussed in Holt, Talks
on Civics, Chapter I ; Ashley, The American Federal State, 397-
400 ; Bryce, The American Commonwealth, Vol. I, 586-589 (616-
619).
1 References to Bryce are given in duplicate; pages enclosed in parentheses
refer to the third edition, 1896.
CHAPTER III.
THE ORIGIN OF LOCAL GOVERNMENTS.
The Source of our Local Governments. — The systems of
local government which have been described did not spring
up spontaneously, nor were they established arbitrarily.
There are reasons to be found in the history ot their
origins which explain many of their details. We shall
now see how local government grew in the colonies, for
here we have the beginnings of the systems that are in
operation to-day.
Everywhere in the colonies the English settlers adapted
to their new environment the ancient customs of the
mother-country. Differences in physical geography, and
in the character and motives of the colonists, caused differ-
ences in the resulting local governments. This fact is best
illustrated by an account of what took place in New Eng
land and in Virginia.
The Method of Settlement in New England. — These col
onies were settled by emigrants who came, in the main,
from the same classes of Englishmen. The New Englanders,
however, were Puritans. The church and its services were
a very important part of their daily lives. The require
ment of church attendance was one reason for grouping
their homes near the meeting-house. Moreover, the region
13
14 LOCAL GOVERNMENTS.
in which they settled had a stony soil, difficult to cultivate.
Their farms required careful cultivation, and therefore
could not be very large. The New Englander was content
to live near the coast. Access to the interior was not
easy, for the rivers, with few exceptions, were short and
rapid. The sea fisheries tempted the settlers to remain
near the coast, and fishing, with ship-building and com-
merce, became their important industries.
Town Meeting and Officers. — For these reasons New
England was a region of small farms and towns, and the
local government which grew up was adapted to these
conditions. The voters of each town (or township) met
annually, or oftener, in " town meeting." Here their com-
mon local affairs were discussed and regulated. The
church, the schools, roads, the poor, and many other
matters were under the complete control of this meeting,
and of the officers elected by the assembled voters. These
officers were the selectmen, — a board having general super-
vision of the town affairs, — the clerk, treasurer, assessors,
fence viewers, constables, and numerous others.
The County in New England. — - Because the people lived
in towns and could most easily regulate their affairs through
the machinery of town government, they had no counties
whatever at first ; but these were soon established, though
merely for judicial purposes. The governor appointed
justices who held court in each county.
The distinctive features of New England local govern-
ment, then, were (i) its democratic character, seen par-
ticularly in the town meeting ; and (2) the fact that nearly
THE ORIGIN OF LOCAL GOVERNMENTS. 15
all local affairs were managed by the town government,
leaving but one important function, and that judicial in
its nature, for the county.
The Settlement of Virginia. — In the colony of Virginia
we find conditions that bring about entirely different results
in the organization and workings of local government.
Here the settlers were not bound by religious or other
ties into compact social bodies as the Puritans were. Na-
ture in Virginia held forth many inducements for the set-
tlers to live apart, so that nearly all their attempts to form
cities and towns failed. The cultivation of tobacco, of
course, explains this to a large extent. The fertile soil
and the ease of raising this product led to the formation
of large plantations. The broad rivers made progress into
the interior remarkably easy, while the necessity for towns
as shipping ports was almost completely obviated by the
use of private wharves at the various plantations. The
rich planters dominated the social and political life of the
colony, and local government fell under their control.
The Importance of the County. — Now, of the various
local organizations to which the Virginians had been accus-
tomed in England, the one best adapted to their condition
in the colony was the county. So they copied the English
county and made it their chief organ of local government.
The principal governing body was the county court, com-
posed of justices appointed at first by the governor of the
colony. The court had both legislative and judicial func-
tions. It managed such matters as roads, licenses, and taxa-
tion ; it also tried civil and criminal cases. Other county
16 LOCAL GOVERNMENTS.
officers were the sheriff and the lieutenant, the latter being
commander of the militia.
The Parish and the Vestry. — That part of the Virginia
local government which corresponded to the New England
town was the parish; but it is apparent that few functions
remained to be exercised in this, their smallest political
organization. The counties were generally composed of
several parishes. The governing body of each was the
vestry ; it had charge of church affairs and of poor relief.
The members of the vestry and also the justices of the
county court were not elected periodically by the people,
as the town officers were in New England. On the con-
trary, both the vestry and the county court filled vacancies
in their own number, without popular election.
This fact serves to illustrate the general truth that local
government was democratic in New England and aristo-
cratic in Virginia ; in the former colony the mass of voters
participated most actively in local government, while in the
latter a few men constituted the ruling class. This does
not mean that local affairs in Virginia were badly managed,
for the leading men were on the whole intelligent and pub-
lic spirited ; and in the years of the Revolution they were
among the foremost in the defence of American liberties.
In New England, however, it was noticeable that the mass
of voters were intelligent and understood the practical
management of political affairs — a result which doubtless
came largely from their training in the town meeting.
The Three Types of Local Organization. — We have now
seen that in New England the town had the most impor-
THE ORIGIN OF LOCAL GOVERNMENTS. 17
tant functions of local government, and this is called,
therefore, the town type; while in Virginia the county
absorbed the greater share of governing powers, and there
we find the county type. Virginia influenced the colonies
that lay south of her, so that the county type prevailed
also in the Carolinas and Georgia. In the middle colo-
nies there existed both counties and towns, and here there
was a much more equal division of powers between these
organizations. Hence we call theirs the mixed or town-
ship-county type of local government.
Local Government in the West. — The people who mi-
grated to the new States west of the Alleghanies carried
with them the forms of local government which have just
been described as growing up in the colonies. This state-
ment needs some modification, for nowhere in the West
was the pure town type adopted. Everywhere in the
North we find the mixed type, while the Southern States
have, in general, the county type. In the latter the
county commissioners, elected at large or from precincts,
together with other county officers, exercise most of the
local powers of government.
Two Forms in the North. — In the greater number of
the States that have the mixed type, the county is gov-
erned by a board of commissioners elected by either of
the methods just mentioned as prevailing in the South.
In a few States (such as Michigan, Illinois, and Wiscon-
sin), the county board is composed of supervisors, who
represent the towns, villages, and wards of the county.
Here we find the town meeting, copied after that of New
1 8 LOCAL GOVERNMENTS.
England or New York, and the town government has
more functions than in those States where commissioners
compose the town board.
Local Self-government. — Such is the way in which local
government has come about in the various States of the
Union. Rooted in the systems that Englishmen have
developed through the centuries, adapted to the new life
and the peculiar conditions of the colonial period, it has
spread with the population throughout the land. The
different practices of the States testify to the way in which
habits persist in government, as in other phases of life.
The management of local affairs by the people and their
chosen representatives is a sound principle of government
which holds a firm place in every part of our country.
SUPPLEMENTARY QUESTIONS AND REFERENCES.
i. Which type of local government exists in your State ? Can you
account for its origin ?
2. Is the system of local government uniform throughout your State ?
If so, why is this true ? If not, can you account for the lack
of uniformity?
3. The following references are useful in studying the history of locai
government: Thwaites, The Colonies, 55-58; Fisher, The Colo-
nial Era, 60, 99, 167; Channing, The United States of America,
37-38; Hart, Formation of the Union, n-13; Bryce, The
American Commonwealth, Vol. I, 561-565 (589-593) ; Bancroft,
History of the United States, Vol. I, 285-286, 449; Ashley, The
American Federal State, 390-396.
4. Which is the best type of local government ? Is it becoming more
common? Bryce, Vol. I, 591-592 (621).
CHAPTER IV.
THE GOVERNMENT OF CITIES.
The General Plan of City Government. — The general
framework of city government is not very different from
that of the other governmental divisions. There are the
legislative, executive, and judicial departments, whose
organization and functions are stated in the charter, or
fundamental law of the city. The city legislature is the
council or board of aldermen. In most cases this body is a
single house, though in some cities there are two houses.
The members are elected from the wards into which the
city is divided. The council may pass ordinances for the
government of the city, but it is limited in the extent of its
powers by the terms of the city charter.
City Charters granted by Legislatures. — The source of
the charter is the State legislature. In most States the
constitution provides that the legislature shall pass general
lazes prescribing the framework of all cities, or of the
classes into which the cities of a State may be divided,
according to their population. These laws also contain
regulations that are safeguards against the abuses of
municipal government, such as excessive taxation and
the accumulation of debts. The requirement of general
laws secures uniformity in the essential features of city
19
20 LOCAL GOVERNMENTS.
government, and it prevents the practice, which is other-
wise liable to prevail, of constant interference by State
legislatures, in the affairs of certain cities. Such special
laws should be enacted with great caution, if at all, for
when a legislature regulates the affairs of a particular city,
it too often does so at the request of persons or corpora-
tions having advantages to gain at the expense of the
public. 1
The Mayor. — The chief executive of the city is the
mayor. He is the head of the police department and has
more or less authority over the other administrative depart-
ments to be discussed later in this chapter. In the cases
of both mayor and aldermen, the facts concerning their
terms, salaries, and other details vary so greatly in differ-
ent cities that no general description is possible.
The city judiciary includes the ordinary State courts and
also special or municipal courts of various degrees.
Other City Officials. — Besides the officers enumerated,
every city has its clerk, treasurer, attorney, and assessors.
The auditor, or comptroller, is an important official who
controls city finances.
Administrative Departments. — The greatest difficulties
of city government arise in connection with the numerous
administrative departments; these are quite complex in
their operation. In large cities the number of officials
and the variety of their duties render it almost impossible
1 In somfc Stttet rhere the constitutions require general laws applying to
classes of cities, single cVies have been put in classes by themselves ; so the
legislature has virtually governed them by special laws. This practice has
been declared illegal in Ohio.
THE GOVERNMENT OF CITIES. 2 1
for the average citizen to inform himself concerning these
affairs ; consequently, opportunities for fraud and misman-
agement occur frequently.
Why, it may be asked, is such complex machinery neces-
sary in municipal government ? It is because social and
industrial conditions (that is, the circumstances under which
men live and work) are quite different from those that pre-
vail in towns and villages ; and city government must be
adapted to these conditions.
Conditions peculiar to City Life. — Let us notice some of
the ways in which this is true, (i) The mere fact that
population is dense increases the possibility that a citizen
may interfere with the rights of his neighbors, even in the
conduct of legitimate business. (2) There is greater lia-
bility that public health and safety may be endangered,
both in the homes and in the industrial establishments of
cities, than in less densely settled communities. (3) The
opportunities for evil-doing and for concealment that exist
in cities draw to them a larger proportion of the vicious
classes who need control and suppression. (4) Finally, in
cities it is less easy than in the country for each family to
supply itself with certain conveniences, such as water,
light, and transportation ; consequently, the government
must regulate to some extent the supply of these neces-
sities.
These are some of the conditions that are peculiar to
city life ; and we find here the reasons why the govern-
ment in a city must undertake a large number of functions.
At every point the safety of the citizen and his property
must be guarded ; and in a great many ways the conven-
22 LOCAL GOVERNMENTS.
iences of life must be supplied by the city or under the
control of city officials. Thus we account for the fact that
city government is complex — the principal source of the
difficulties and the evils that we find in connection with
administrative departments.
Fire and Police Departments. — The number and the
organization of administrative departments vary consider-
ably in different cities. Everywhere we find the police,
fire, and health departments. Fire departments are, as a
rule, very efficient ; for the citizens will not tolerate laxness
in the protection of their property. The efficiency of
police departments varies greatly in different cities. When
the selection of police officers is on a political basis, the
standards are apt to be low, and the way is opened for
police connivance with the violators of the law. Instances
have been known where policemen received, regularly,
money payments from law-breakers for immunity from
arrest. The detection of this form of corruption is diffi-
cult ; nevertheless its continuance in a flagrant form is
evidence of public apathy. In other cities, on the other
hand, the police force is maintained upon a high standard.
Sometimes civil service reform methods are used in the
selection of policemen ; the passing of an examination is
necessary for appointment. This, with a fair system of
promotions, should render a police force more like a mili-
tary organization in its relation to the enforcement of law.
The Health Department. — The department of public
health has duties that are of vital importance. Sewerage
systems, sanitation, and the water-supply are the chief
THE GOVERNMENT OF CITIES. 23
objects of its inspection. Health officers also have powers
which enable them to detect and prohibit the sale of im-
pure foods. The milk-supply should receive its particular
attention, for the purity of this product is an important
matter. The enforcement of strict health regulations in
the crowded tenement districts of large cities is very
difficult ; but the neglect of these matters by city officials
is nothing less than criminal.
The Department of Streets. — This department, which has
in charge the construction of streets and pavements, affects
the convenience of every citizen. Here vast sums of
money are expended, sometimes wisely, and sometimes
under the supervision of officials who are deficient in
the technical knowledge required by this kind of work.
Opportunity for dishonest handling of public money may
be found in the letting of contracts and in the purchase
of supplies. Street cleaning has received comparatively
little attention in American cities. In this respect we
are far behind many European cities. This is because
the relation of clean streets to public health, and to civic
beauty, is not fully appreciated by the average citizen of
our country.
Public Charities. — The administration of public chari-
ties is everywhere a difficult matter, and, naturally, its
difficulty is greatest in large cities, where we find the
greatest number of those who seek relief. Two problems
confront the department of public charities: (1) How can
it distinguish between those who actually need assistance
and those who do not? (2) How can it help those who
need assistance temporarily, without weakening their de-
24 LOCAL GOVERNMENTS.
sire to become self-supporting ? The same problems must
be solved by the citizen in connection with his private
charities. In general, it may be said that charity is most
judiciously dispensed by private organizations, in charge
of trained workers, who can investigate all cases of appli-
cation for aid.
The Public Schools. — Public education is another de-
partment of municipal activity. 1 The expenditure of public
money for this purpose is not stinted. The scope of
our educational institutions is constantly being enlarged ;
courses in commerce, manual training, and domestic
science are intended to strengthen the practical side of
the curriculum. In some cities special schools are main-
tained for the defective classes and for truants.
Libraries, Parks, and Playgrounds. — The educational
advantages furnished by the city are not for the children
alone. Public libraries and museums serve adults as well.
Recreation is provided by means of parks, public play-
grounds, and open-air gymnasiums. These will become
more common when their educational influence is more
fully appreciated.
Committees or Boards. — The important questions that
arise in connection with administrative departments are,
how shall they be organized ? and how shall the officers who
control them be appointed ? Two general methods prevail :
(i) In the smaller cities the members of the council are
grouped into committees, which have charge of the various
administrative departments. In large cities there are boards
1 This subject is also treated in the chapter on Public School Systems.
THE GOVERNMENT OF CITIES. 2$
or commissioners, distinct from the council, and these may
be composed of salaried officers. In either case the board
may employ a superintendent to take charge of the work
under its jurisdiction. The principal criticism which can
be offered against this method of managing administrative
departments is that responsibility cannot be definitely lo-
cated. No single member of a board or commission will
assume responsibility for mismanagement ; and when re-
sponsibility is divided among several persons, none of them
feels it very strongly.
(2) Single Heads of Departments. — As a remedy for this
defect, administrative departments in some cities are placed
under the control of single officers. These are given au-
thority to appoint their subordinates, and they are held
strictly accountable for the management of the depart-
ment. Responsibility is further concentrated in some cities
by giving the mayor power to appoint these heads of
departments.
Qualifications of City Officers. — Grave questions are in-
volved in these matters of organization, but the efficiency
of city government depends in the greatest measure upon
the character of the officers who are placed in power. We
need to recognize the importance, in city affairs as in pri-
vate business, of securing officials who are qualified bv
training and by successful experience to serve the public.
Economy and honesty in municipal government cannot be
expected when politics alone determines appointments to
office. The establishment of civil service examination sys-
tems in certain cities l is a step in the right direction.
7 Some of these are New York, Chicago, and Milwaukee.
2 6 LOCAL GOVERNMENTS.
Public Utilities. — Besides the administrative depart-
ments already enumerated, we have in large cities those
which control the supply of water, light, and transportation
facilities. The industries furnishing these necessities may
belong to the city, but in most cases they are owned by
individuals and corporations. 1 Even then they should be
subject to strict regulation by the city, for several reasons :
( i ) These industries make use of public streets. The right
to do this is granted by the council in a. franchise. (2) The
product that is supplied being in each case a necessity, it
is the duty of the city government to protect the citizens
from any abuse or inconvenience that may arise in con-
nection with it. (3) In nearly every case the industries
in question are monopolies ; i.e. competition between rival
plants is not possible. For this reason the public may
suffer either from high rates or from imperfect service.
The Granting of Franchises. — The control of public ser-
vice corporations, as those are called which supply water,
light, and transportation, may be secured in several ways :
(1) Franchises should be granted for terms not longer than
twenty years. The profits of these industries increase very
rapidly with the growth of population ; consequently, it
should be possible to compel the reduction of rates and
the enforcement of other conditions favorable to the pub-
lic, at the end of a short term of years. (2) Adequate
means should be provided for enforcing the terms of
franchises. Neglect of this makes possible serious abuses.
(3) The accounts of the corporations that have franchises
1 On this topic, see " Government in State and Nation," pp. 36-39.
THE GOVERNMENT OF CITIES. 27
should be made public, so that the people may know
whether the profits are excessive.
The Question of Municipal Ownership. — The opinion is
gaining ground that no amount of municipal control will
eliminate the evils of private ownership in these industries.
Since they are " natural monopolies," it is argued they
should be operated by the city government. This opinion
is seen to have great weight when we consider the cor-
ruption and the lack of attention to the public welfare that
accompany the granting of franchises to corporations. The
bribery of aldermen and the granting of valuable privileges
without compensation are frequent occurrences. On the
other hand, the facts that venal officers are elected in our
cities, and that they ignore public interests with impunity,
raise a very serious question whether they should be in-
trusted with the management of great industries, such as
water and lighting plants and street-car systems.
Reasons for Poor City Government. — Other arguments
may be made on both sides of this question of municipal
ownership ; but there are fundamental reasons why the cities
of the United States are, on the whole, poorly governed,
which must receive consideration before this question can
be settled. The conditions accounting for the evils of
municipal government may be briefly stated as follows :
(1) City governments are necessarily complex, and, in their
administrative departments especially, a multitude of de-
tails must receive attention. Citizens find it difficult to
understand these transactions and even more difficult to
follow them closely. (2) City governments must spend
28 LOCAL GOVERNMENTS.
vast sums of money, 1 and this fact constitutes a standing
temptation to dishonest men, both in and out of office.
(3) The rapidity with which cities have grown has in-
creased the difficulty of their problems. 2 (4) Individuals
and corporations have found it necessary to secure fran-
chises from cities for the operation of important industries ;
this has opened many opportunities for corruption in city
affairs. (5) The presence of large numbers of foreigners 3
who are ignorant of governmental affairs has enabled cor-
rupt politicians to exert undue influence upon the voters in
city elections.
The Reform of Municipal Governments. — Having re-
viewed the principal causes for the evils of municipal gov-
ernment, let us now consider some of the conditions that
are necessary for bringing about reforms.
(1) National politics should be entirely divorced from
city affairs. It may be impossible to prevent the nomina-
tion of candidates by the regular political parties ; but
within each party local issues, not national, should deter-
mine the selection of candidates. At the polls, the voter
should cast his ballot independent of party considerations.
(2) Public interest in municipal affairs and the existence
of a strong civic pride are conditions that are essential to
the election of good officers and to the purity of city gov-
ernment.
(3) Fundamental to the establishment of better munici-
1 Statistics of expenditures of New York, London, Paris, and Philadelphia
are given in " Government in State and Nation," p. 33.
2 Yet European cities have grown with almost equal rapidity and are, on
the whole, well governed. See ibid., p. 43.
3 See statistics of foreign population in American cities, ibid., p. 40.
THE GOVERNMENT OF CITIES. 29
pal governments is the recognition by every citizen of his
responsibility, not only on election day, but on every occa-
sion when his influence can be exerted for the detection
of wrong, the punishment of corrupt officials, and the
encouragement of better things in all departments of city
life. This means unselfishness in one's attitude toward
the public welfare ; it means willingness to sacrifice time
and effort in the public service. The example set by many
eminent persons who have devoted themselves unselfishly
to the accomplishment of reforms in our great cities may
well be imitated by every citizen in the smaller affairs
of his city or his ward. And the younger generation of
citizens, who are yet students in the public schools, may
exert no little influence toward the betterment of the city ;
and they may aid in the formation of that better public
sentiment without which no improvement in our standards
of municipal government is possible.
SUPPLEMENTARY QUESTIONS.
Outline for the study of your city government.
1. Was the city organized under a general law of the State, or was it
granted a special charter? Does the legislature enact special
laws for the city ?
2. The mayor : term, salary. What are his principal powers? Should
his responsibility be increased ?
3. The council or board of aldermen : number of members, term of
office, manner of election, compensation ?
4. The municipal courts and judges.
5. Administrative departments : make a complete list of these. Are
they controlled by boards or by single officers ? How do the
officers obtain their positions ? Are they paid salaries ? Of what
business does each have charge ?
6. How are the water, lighting, and street-car plants managed ? Do
30 LOCAL GOVERNMENTS.
you believe in the municipal ownership of any of them? Give
reasons for your opinion.
7. How do police officers receive appointment ? If an officer fails to
enforce an ordinance, what course would you take to secure its
enforcement?
8. Are party lines closely adhered to by voters in city elections ? Are
independent party organizations formed? Are they successful?
9. What can you learn of reform movements that have taken place in
your city's history ? Give the causes for the success or failure
of these.
10. What is the cost of your city government per annum ? Is it
economically administered ? What are the principal items
of expense ? Has the city other sources of revenue besides
taxation ?
1 1. What are the excellent features of your city's government ? What
are its faults ? How may the latter be corrected ?
12. Mention some ways in which students can assist in bringing
about better conditions in your city.
REFERENCES.
1. What are the general causes of bad city government in the United
States? Bryce, Vol. I, 608-614 (637-644).
2. What reform measures have been suggested? Bryce, Vol. I, 614-
619 (644-649).
3. National politics in local affairs, Holt, Talks on Civics, 360-366.
4. General accounts of city government, Bryce, Vol. I, Chapters 50
and 52; Ashley, The American Federal State, Chapter 21.
5. Among the most useful books on municipal government are Conk-
ling, City Government in the United States ; Wilcox, The Study
of City Government ; and Devlin, Municipal Reform in the
United States.
6. Problems of Municipal Government, N. Am. Rev., 172:751-763;
Arena, 24 : 589-593. Responsibility in City Government, Forum,
28:469-481 ; Arena, 27: 39-46. Council and Mayor, Atl. Mo..
88:391-397. Municipal Situation in Ohio, Forum, 33 : 430-437.
Charter Needs of Great Cities, N. Am. Rev., 170 : 850-856. The
Poor in Cities, N. Eng. Mag., 25 : 63-73. Municipal Art, Harper's
Mag., 100 : 655-666. Public Untidiness, Forum, 33 : 322-332.
THE GOVERNMENT OF CITIES. 31
7. Municipal Ownership, N. Am. Rev., 172:445-455 ; Arena, 25: 198-
209; Forum, 32:201-216; Atl. Mo., 88:463-482; Cen. Mag.,
60:311-312; Outlook, 66:502-508; 70:726-727; Rev. of R's,
23 : 468-470.
8. Reform of City Governments, Atl. Mo., 87:583-587; Arena, 27:
174-178. Chicago, Nation, 70 : 411-412 ; Rev. of R's, 21 : 736-737.
The Chicago Voters' League, Outlook, 71 : 495-498.
PART II.
THE NATIONAL GOVERNMENT.
CHAPTER V.
EVENTS LEADING TO THE FORMATION OF THE UNION.
Colonial Relations. — Why was union so long delayed ?
How was it finally accomplished ? These are always ques-
tions of great interest to the student of American govern-
ment. We note the general indifference toward union
among the colonies before the Revolutionary War. This
may be partially accounted for by the fact that each
colony had its own separate government, and was jealous
of all outside interference. Lack of good roads and
methods of travel made extensive communication be-
tween the scattered settlements difficult. Prejudice against
strangers, and especially those of a different religious
belief, was common. Bonds of sympathy, however, be-
tween the citizens of different colonies were not wholly
lacking. Their language and customs were mainly Eng-
lish. Their chief desire was to develop a government
according to their own plans. Common interests were at
times created because of the necessity for providing pro-
tection against their Indian, French, and Dutch foes. In
32
EVENTS LEADING TO FORMATION OF UNION. 33
general, we may say, Confederation was early brought
about through need for defense, but union has been the
result of two centuries and a half of growth.
Union of the New England Colonies, 1643. — A notable
attempt was made to form a confederation among the
colonies in 1643. It is known as the New England
Confederation, and included Massachusetts Bay, New
Plymouth, Connecticut, and New Haven colonies. Their
united energies were necessary to furnish protection against
dangers from the Indians. The Dutch and French also
tended constantly to encroach upon their rights. The
governing body of this confederation was a board of
commissioners. In the annual meetings of the commis-
sioners, two being sent from each colony, questions of
war, relations with the Indians, and other matters of
mutual interest were discussed. But this central govern-
ment possessed advisory powers only. The colonies were
to provide for their own local government. The confed-
eration became constantly weaker, and was finally dis-
solved in 1684. Seventy years were to elapse before the
call was sent out for a meeting of delegates from all the
colonies at Albany, but the influence of the New England
Confederacy was felt, no doubt, during that period.
The Albany Congress. 1754. — Open hostilities with their
enemies became more and more frequent. From the out-
break of King William's War, in 1689, to 1754, the date
of the Albany Congress, there were at least a dozen inter-
colonial conferences called to consider means for the
common defense. Plans for union were also prepared.
The most interesting is that of William Penn. In it, the
D
34 THE NATIONAL GOVERNMENT.
word " Congress " is used for the first time in connection
with American affairs. As the final struggle with France
for the possession of America was about to begin, a " Con-
gress " of twenty-five of the leading men from seven differ-
ent colonies met at Albany. They were called, primarily,
for the purpose of making a treaty with the Iroquois
Indians. This object secured, the resolution was then
unanimously adopted that, " A union of all the colonies is
at present absolutely necessary for security and defense."
Franklin's famous plan providing for a permanent federa-
tion of all the colonies was also adopted. When submitted
to the colonies, it failed to receive the ratification of a
single one. Nor was it acceptable to the English govern-
ment. Said Franklin, " The assemblies all thought there
was too much prerogative, and in England it was thought
to have too much of the democratic."
The Stamp Act Congress, 1765. — After the passing of
the stamp act by the English government, the Massachu-
setts house of representatives invited the other colonial
assemblies to send delegations to a general congress. Nine
colonies responded by sending twenty-eight men to the
congress in New York City, October 7, 1765. 1 During the
session of two weeks, these delegates drafted petitions to
the English government and declared that the rights of the
colonists were the same as those of the natural-born sub-
jects of England. It is noteworthy that representatives
had again assembled on the motion of the colonists them-
selves. The growth of common interests was well ex-
1 Virginia, New Hampshire, Georgia, and North Carolina sympathized with
the movement, but did not send delegates.
EVENTS LEADING TO FORMATION OP' UNION. 35
pressed by Christopher Gadsden of South Carolina, when
he said : " There ought to be no New England man, no
New Yorker, known on the continent ; but all of us Amer-
icans."
Committees of Correspondence. — Nine years were to go
by before the meeting of another congress, but the colo-
nists were prepared for a united effort at the end of this
period. No sooner were the contents of the Townshend
acts of 1767 known, than Massachusetts issued a circular"
letter to the other colonies, asking for combined action
against all such unconstitutional measures. The other
colonial assemblies agreed with Massachusetts. Another
movement which made the Revolution possible was begun
by Samuel Adams. In November, 1772, he prevailed
upon the Boston town meeting to appoint a committee
which should carry on a correspondence with committees
organized in other towns of that colony. Rights and
grievances were the chief subjects for consideration. Other
colonies adopted this plan. Led by Virginia, the idea was
carried one step farther, and in 1773 were formed com-
mittees of correspondence between the different colonies.
Thus, they were prepared for united action in the First and
Second Continental Congresses.
■»'
The First Continental Congress, 1774. — When the coercive
acts of 1774 had been passed, Massachusetts, now in great-
est need, called for a congress of all the colonies. Delegates
from all, Georgia 1 excepted, assembled at Philadelphia, Sep-
tember 5, 1774. In the Declaration of Rights, and in the
1 Georgia was in sympathy with this movement.
36 THE NATIONAL GOVERNMENT.
adoption of the Articles of Association, they gave full ex-
pression to colonial sentiment. They commended the
resistance of the people of Massachusetts. They de-
clared that all " America ought to support them in their
opposition," if force should be used in carrying out the
measures of Parliament.
The Second Continental Congress, 1775. — Before adjourn-
ing, the First Continental Congress provided for the meet-
ing of another Congress, in May, 1775, unless the causes
for colonial grievances should be earlier removed by the
English government. But other measures of repression
were quickly passed, and before the Second Continental
Congress met, the Battle of Lexington had been fought
and the American forces were blockading Boston. This
congress convened in Philadelphia May 10, 1775, and con-
tinued in session, with adjournments from time to time,
until May 1, 1781. All of the colonies were represented.
Like previous congresses, this was, at first, merely an ad-
visory body, but necessity compelled it to act as a real
government. It took control of military affairs, provided
for a currency, threw open American ports to the ships of
all nations, and did whatever else the necessities of the
time seemed to demand. Having been appealed to for
advice, this congress took a most notable position in recom-
mending that new forms of government should be estab-
lished in the several States. By the year 1777, ten States
had framed new constitutions. It furthered independence
by appointing a committee to draft resolutions based on
the ideas of independence then everywhere present. The
Declaration of Independence was the result.
EVENTS LEADING TO FORMATION OF UNION 1 . 37
The Articles of Confederation. — Franklin early saw the
need for a more effective government than that of a revo-
lutionary assembly. On July 21, 1775, he presented to
congress a plan for "perpetual union." Nearly a year
elapsed before a committee was appointed to prepare
some form for confederation to be entered into between
the colonies. Another period of a year and five months
was to go by before the report of this committee was
adopted by the Continental Congress. It was then
submitted to the State Legislatures for approval. After
three years and a half, on March 1, 1781, Maryland, the
last State, was induced to ratify the Articles of Confedera-
tion. The adoption of these Articles is one of the most
important events in the history of our Nation. While the
Articles of Confederation must always be regarded as a
weak instrument of government, we must not forget that
the Continental Congress was then working out problems
in the province of government that were almost wholly
new. The solution, faulty as it was. went far to establish
the place of the written Constitution as a basis for govern-
ment.
Said John Fiske : " Almost everything else in our fundamental in-
stitutions was brought by our forefathers in a more or less highly
developed condition from England; but the development of the written
Constitution, with the consequent relation of the courts to the law-
making power, has gone on entirely upon American soil."
Practical Working of the Government. — Conditions soon
proved the Articles unsatisfactory. The States were almost
independent of the central government. There was no
separate executive power to enforce, and no judiciary to
interpret the laws. The nation was deep in debt, and
38 THE NATIONAL GOVERNMENT.
without means for payment. Paper money of the period
was worthless, and debtors were rebellious. Disputes
between the various States brought them to the verge of
civil war. Each State had its own system of duties and
imposts, which led to great confusion in commerce. No
important resolution could be passed in Congress without
the votes of nine States. No amendment was possible,
except by the votes of all the States. Congress became
constantly weaker as various members resigned to accept
positions under State authority. In that most dangerous,
period of our history, extending from 1783 to 1788, aptly
called the " critical period," it became constantly more
apparent that government under the Articles of Confedera-
tion was a failure. Fortunately, in this hour of gloom,,
there came forward Washington, Hamilton, Madison, and
other leaders, who were prepared, if need be, to make
compromises, but who were determined to preserve the
elements of the union already secured.
SUPPLEMENTARY QUESTIONS AND REFERENCES.
1. How was the Stamp Act regarded in the different colonies as
shown by the addresses made and resolutions offered? Hart,
Contemporaries, II, 395-411 ; Tyler, Patrick Henry (American
Statesmen), Chapters 5 and 6.
2. Do you know of other instances in our history where a stamp act
has been passed ? How was it regarded? In what ways was it
different from that o." 1765 ?
3. What was the origin of the Committees of Correspondence and
how did they aid in unification ? Sloane, The French War and
the Revolution, 161, 162; Hart, Formation of the Union, 57.
4. Analyze the Declaration of Independence, and select from it the
causes for the Revolution.
5. Why was the adoption of the Articles of Confederation so long
EVENTS LEADING TO FORMATION OF UNION. 39
delayed? Hart, Contemporaries, II, 539-543; Fiske, The Criti-
cal Period, 93, 95; Walker, The Making of the Nation, 6; Hart,
Formation of the Union, 93-95-
6. Read the Articles of Confederation (Appendix B).
(a) How was the Congress composed?
(b) The number necessary for a quorum ?
(C) The powers of Congress?
(d> Powers of the separate States?
7. Defects of the Confederation. Hart, Contemporaries, II, 591-603.
8. What was the attitude toward union during the period 1783-1788 ?
Were there notable bonds of union even at this time ? What
other influences have increased this sentiment? Fiske, Critical
Period, 55-63; Walker, The Making of the Nation, 7, 8.
9. President Roosevelt said, in an address delivered April 9. 1902, at
Charleston, S.C., "When four years ago this nation was com-
pelled to face a foreign foe, the completeness of the reunion be-
came instantly and strikingly evident." What is his meaning?
How does the statement illustrate the point emphasized in this
chapter, that a common danger produces union ?
10. Describe the character of the money used in 1783 and succeeding
years. What was its influence? Fiske, Critical Period, 162-186.
CHAPTER VI.
THE CONSTITUTIONAL CONVENTION.
Events Leading to the Constitutional Convention. —
Among the many difficulties that arose during the period
of the Confederation, were constant disputes between Vir-
ginia and Maryland over the navigation of the Potomac
River and Chesapeake Bay. Finally, in March, 1785,
commissioners from these States met at Alexandria to con-
sider these difficulties. The outcome of the meeting was
that Virginia called for delegates from all of the States to
meet for the consideration of the commercial relations of
the entire country. Delegates from five States only were
present at Annapolis on the day appointed, September 11,
1786. Nothing permanent could be accomplished with
so few States represented. Before adjourning, however,
they agreed to a resolution, framed by Alexander Hamil-
ton, which proposed the calling of a convention at Phila-
delphia to amend the Articles of Confederation.
The Federal Convention, 1787; Delegates. — All of the
States, Rhode Island excepted, were finally represented in
this, one of the most notable conventions in the history of
the world. Among the fifty-five delegates assembled were
many who had already been conspicuous in public affairs.
They were the choice men of the States from which they
40
THE CONSTITUTIONAL CONVENTION. 41
came. Twenty-nine of the number were university men.
Washington and Franklin were present, and Washington
was unanimously chosen president of the convention.
Neither of these men took an active part in the debates ;
but their presence gave inspiration to the other members,
and they had untold influence at critical times. Among
the ablest members were Alexander Hamilton of New
York ; James Madison of Virginia; Oliver Ellsworth and
William S. Johnson of Connecticut ; James Wilson and
Gouverneur Morris of Pennsylvania ; Rufus King of Mas-
sachusetts ; and Charles C. Pinckney of South Carolina.
Our Knowledge of the Convention. — The Convention lasted from
May 25 to September 17, 1787. The sessions were secret. Fortu-
nately we are not dependent on the Secretary"s report alone for our
knowledge of the meetings. 1 Mr. Madison seemed to understand the
full meaning of the Convention from the first, and decided to give an
accurate account of the proceedings. He wrote: " Nor was I unaware
of the value of such a contribution to the fund of materials for the his-
tory of a Constitution on which should be staked the happiness of a
people great even in its infancy, and possibly the cause of liberty
throughout the world." His notes were purchased by the government
from Mrs. Madison in 1837, for the sum of thirty thousand dollars.
They were published as "Madison's Journal of the Constitutional
Convention."
Plans for a Government ; Virginia Plan. — The magnitude
of the labors of this Convention can be understood only
when we read the report of the discussions as given by
Madison. It was at once determined that no time should
be lost in patching up the Articles, but that a new Con-
stitution should be formed. Two sets of resolutions were
early submitted, each setting forth a plan of government.
1 It was published in 1819 as a part of Volume I of " Elliot's Debates."
42 THE NATIONAL GOVERNMENT.
The Virginia plan was largely the work of Mr. Madison.
It provided for the establishment of a national government
with supreme legislative, executive, and judicial powers.
The legislative power was to be vested in a Congress ot
two separate houses. The executive was to be chosen by
both houses of Congress, and the judiciary by the Senate.
Representation in both houses of Congress was to be based
on population or the contributions to the support of the
government. This scheme was fiercely attacked by the
delegates from the small States, for it would clearly give
control into the hands of the more powerful States.
The New Jersey Plan. — The New Jersey plan, presented
by Mr. Patterson of that State, was agreed upon by the
members from Connecticut, New York, New Jersey, Dela-
ware, and Maryland. This Small State plan, so called,
provided for a continuance of the government under the
Articles of Confederation. They were to be revised in
such a manner as to give Congress the power to regulate
commerce, to raise revenue, and to coerce the States. The
Small State party insisted that the Virginia plan, if adopted,
would destroy the sovereignty of the States. They would
rather, they said, submit to a foreign power than be de-
prived of equality of suffrage in both branches of the
Legislature. Madison, Wilson, King, and other leaders of
the Large State party declared that the basis for the new
government was to be the people and not the States ; that
it would be unfair to give Delaware as many representa-
tives as Virginia or Pennsylvania. After many days of
fruitless debate, a compromise, sometimes called the " First
Great Compromise," was presented and finally adopted.
THE CONSTITUTIONAL CONVENTION. 43
This provided that the House of Representatives should
be composed of members elected on the basis of popula-
tion. In the Senate, large and small States were to be
equally represented.
The Slavery Problem; Second Compromise. — How was
the number of the representatives to be found? Were
slaves to be counted as a part of the population ? A heated
debate arose over these questions. The delegates from
South Carolina maintained that slaves were a part of the
population and as such should be counted. The answer
was made that slaves were not represented in the Legisla-
tures of that and other States; that slaves were regarded
in those States merely as so much property, and as such
ought never to be represented. Finally, when it seemed
that the work of the Convention must fail, a compromise,
known as "the three-fifths compromise," was accepted.
This provided that five slaves were to be counted as three
free persons.
The Third Compromise. — Slaves and commerce fur-
nished the basis for a third compromise. South Carolina
and Georgia desired to have the foreign slave-trade contin-
ued. Some of the other Southern States and the Northern
States generally were opposed. The New England mem-
bers were anxious that the National government should
have complete control of foreign commerce. This was re-
sisted by some of the Southern delegates, who feared that
the importation of slaves might thereby be prohibited.
Finally, a compromise was agreed upon which gave Con-
gress power over foreign and interstate commerce, but
forbade any act which might prohibit the importation of
44 THE NATIONAL GOVERNMENT.
slaves before 1808. It was also agreed that a tax of ten
dollars each might be laid on all slaves imported. While
the entire Constitution may be said to be made up of com-
promises, the agreement upon these three rendered the
further work of the Convention possible.
Signing the Constitution. — Gouverneur Morris was se-
lected to give the document its final form. The clear, sim-
ple English used is due largely to him. After thirty-nine
members, representing twelve different states, had signed
the Constitution, the Convention adjourned. While the
last signatures were being written, Franklin said to those
standing near him, as he called attention to a sun blazoned
on the back of the President's chair : " I have, 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."
Difficulties of Ratification. — The Convention submitted
the Constitution to Congress. Here, for eight days, it was
attacked by its opponents. Finally, Congress passed it
on to the State Legislatures, to be sent by them to State
conventions. This process of ratification was provided
for by Article VII of the Constitution, as follows: The
ratification of the conventions of nine States shall be sufficient
for the establishment of this Constitution between the States
so ratifying the same."
The period included between September 28, 1787, when
Congress transmitted the Constitution to the State Legis-
latures, and June 21, 1788, when New Hampshire, the
THE CONSTITUTIONAL CONVENTION. 45
last of the necessary nine States, ratified, was one of the
most critical in our history. Political parties, in a truly
National sense, were formed for the first time. Among
the leaders who defended ably the views of those who
opposed the ratification of the Constitution were Patrick
Henry, Richard Henry Lee, Elbridge Gerry, and George
Clinton. It was urged that there was no Bill of Rights, 1
that the President would become a despot, and that
equality of representation in the Senate was an injustice
to the larger States. " Letters from the Federal Farmer,"
prepared for the press of the country by Richard Henry
Lee, set forth clearly the views of the Anti-Constitutional
party.
"The Federalist." — No influence was more noteworthy in bringing
about ratification than a series of political essays afterward collected
under the name of "The Federalist." It is considered to-day the best
commentary on the Constitution ever written. Alexander Hamilton
originated the plan, and wrote 51 of the 85 numbers. James Madison
wrote 29, and John Jay 5.
The Influence of Washington. — Washington was again a giant in
his support of the Constitution. In a letter to Patrick Henry he earlv
sounded an effective note of warning against anarchy, expressing the
very fear that finally led many in the conventions to vote for the Con-
stitution. He wrote: "I wish the Constitution which is offered had
l A Bill of Rights, in which the idea of the rights of man were set forth,
was a significant part of nearly all the State constitutions. Englishmen,
generally, had been familiar with the formal statement of these principles since
1689, when William and Mary accepted the Declaration of Rights as a condi-
tion of their receiving the crown of England. During the same year, Parlia-
ment gave the Declaration of Rights the form of a statute, under the name of
the Bill of Rights. Among other rights it demanded that the king, without the
sanction of Parliament, should not raise an army, secure money, or suspend
the laws; also, that the right of petition, freedom in the exercise of religion,
and equality under the laws were to be granted all subjects.
4 6 THE NATIONAL GOVERNMENT.
been more perfect; but it is the best that could be obtained at this
time, and a door is open for amendments hereafter. The political con-
-^rns of this country are suspended by a thread. The convention has
been looked up to by the reflecting part of the community with a solici-
tude which is hardly to be conceived, and if nothing had been agreed
upon by that body, anarchy would soon have ensued, the seeds being
deeply sown in every soil. 1 '
Ratification Secured. — Delaware, the first State, ratified
December 6, 1787, without a dissenting vote. Pennsyl-
vania, New Jersey, Georgia, and Connecticut followed
quickly. Much depended on the action of the Massachu-
setts convention. After prolonged debate, the delegates
were finally influenced by the statement that amendments
might be made, and they ratified the Constitution by a
vote of 187 to 168. The ninth State was secured in the
ratification by New Hampshire, June 21, 1788. It was
not until November 21, 1789, however, that North Carolina
voted to accept the Constitution. Rhode Island held out
until May 29, 1790.
The New Government put into Operation. — When the
ratification of the ninth State had been secured, Congress
appointed a special committee to frame an act for putting
the Constitution into operation. It was enacted that the
first Wednesday in January should be the day for appoint-
ing electors ; that the electors should cast their votes for
President on the first Wednesday in February, and that on
the first Wednesday of March the new government should
go into operation. It was not until April 1 that a
quorum was secured in the House of Representatives, and
in the Senate not until April 6. The electoral votes
were counted in the presence of the two houses on
THE CONSTITUTIONAL CONVENTION. 47
April 6. 1 The inauguration of President Washington
did not take place, however, until April 30.
Origin of the Constitution. — Before making a study of
this epoch-making document, let us inquire briefly as to its
origin. An analysis of the Constitution shows that there
are some provisions which are new, and that English
precedent had an influence. The main features, however,
were derived from the constitutions of the States with
whose practical workings the delegates were familiar.
The following well-known statement is an excellent sum-
mary : " Nearly every provision of the Federal Constitu-
tion that has worked well is one borrowed from or
suggested by some State constitution ; nearly every pro-
vision that has worked badly is one which the convention,
for want of a precedent, was obliged to devise for itself."
Authority and Objects of the Constitution. — It was evi-
dently the intention of the framers of the Constitution to
found a government deriving its authority from the
people rather than from the States. The purposes for
which this was done are set forth in the following enacting-
clause, commonly called the Preamble : —
" We, the people of the United States, in order to form a
more perfect union, establish justice, insure domestic tran-
quillity, provide for the common defuse, promote the genera!
welfare, and secure the blessings of liberty to ourselves and
our posterity, do ordain and establish this Constitution for
the United States of America."
1 New York did not choose electors. North Carolina and Rhode Is'
as we have seen, had Dot ratified the Constitution.
48 THE NATIONAL GOVERNMENT.
This clause was attacked vigorously by the opponents of
the Constitution, and especially in the Virginia and the
North Carolina conventions. Said Patrick Henry: "And
here I would make this inquiry of those worthy characters
who composed a part of the late Federal Convention. . . .
I have the highest veneration for those gentlemen ; but,
sir, give me leave to demand what right had they to say,
' We, the people ' ? . . . Who authorized them to speak
the language of, We, the people, instead of, We, the States ?
If the States be not the agents of this compact, it must be
one great, consolidated, national government of the people
of all the States." It was argued, on the other hand, by
Randolph, Madison, and others, that the government,
under the Articles of Confederation, was a failure, and
that the only safe course to pursue was to have a govern-
ment emanating from the people instead of from the
States, if the union of the States and the preservation of
the liberties of the people were to be preserved.
SUPPLEMENTARY QUESTIONS AND READINGS.
i. For an account of the members of the Convention, see Hart, Con-
temporaries, III, 205-211.
2. For the contributions of the individuals and the classes of dele-
gates, see Walker, The Making of the Nation, 23-27; Fiske,
Critical Period, 224-229.
3. Discuss the peculiar conditions in Massachusetts. Give the argu-
ments presented. Walker, 56-57; Fiske, Critical Period, 316-
33i-
4. How was the Constitution regarded in Virginia? Walker, 58, §0;
Fiske, Critical Period, 334-338.
5. What was the attitude of the New York Convention toward the
Constitution ? Fiske, Critical Period, 340-345.
6. What objections were made against the Constitution in North
Carolina? Hart, Contemporaries, III, 251-254.
THE CONSTITUTIONAL CONVENTION. 49
7. What would have been the status of North Carolina and Rhode
Island if they had not ratified ? Walker, 73, 74; Hart, Forma-
tion of the Union, 132, 133.
8. Show the influence of the State constitutions on the Federal Con-
stitution. James and Sanford, Government in State and Na-
tion, 135.
9. For other questions on the material in this chapter, see Fiske,
Civil Government, 211, 212; James and Sanford, Government
in State and Nation, 136, 137, 138.
CHAPTER VII.
ORGANIZATION OF THE LEGISLATIVE DEPARTMENT.
Article I.
A Congress of Two Houses. — Section i. 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.
In the Constitutional Convention, the Pennsylvania dele-
gates were the only ones who objected to the formation
of a legislative body having two houses. It was believed
that with two houses one would be a check upon the
other, and that there would be less danger of hasty and
oppressive legislation. Another reason for the formation
of a Congress having two houses was that the colonists
were familiar with this kind of Legislature. It existed in
all of the States, Pennsylvania and Georgia excepted.
Term of Members and Qualifications of Electors. — Sec-
tion 2, Clause i. The House of Representatives shall be
composed of members chosen every second year by the people
of the several States, and the electors in each State shall
have the qualifications requisite for electors of the most
numerous brancJi of the State legislature.
A short term for representatives was agreed upon, for
it was the design to make them dependent on the w. A of
So
ORGANIZATION OF LEGISLATIVE DEPARTMENT. 51
the people. The question frequently arises, therefore,
ought representatives to be compelled to receive instruc-
tions from those who elect them ? May we not agree
that our legislation would often be more efficient if the
welfare of the Nation were considered, rather than what
seems, for the moment, to be only the concern of a dis-
trict or even a State ? Securing the best interests of
all may mean at times, also, the sacrifice of mere party
principles.
Who may vote for Representatives. — By the words people
and electors is meant voters. With the desire to make
the House of Representatives the more popular branch,
it was decided to grant the right of voting for a represen-
tative to any person who might be privileged to vote for
a member of the lower house of the Legislature of his
State. The freedom of a State to determine what these
qualifications are, is limited only by the provisions of the
fifteenth amendment : —
Amendment XV. 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, color, or previous
condition of servitude.
This amendment was proposed by Congress in Febru-
ary, 1869, and was declared in force, March 30, 1870.
It was for the purpose of granting more complete political
rights to the negroes, recently declared, by Amendment
XIV, to be citizens.
Method and Time of choosing Representatives. — The
Constitution prescribes that representatives shall be elected
by the people. Congress has provided that represen-
52 THE NATIONAL GOVERNMENT.
tatives shall be chosen on the Tuesday next after the
first Monday in November of the even-numbered years. 1
Congress has also decreed that representatives shall be
chosen by districts ; but the State Legislature has complete
control of the districting of its State. However, Congress
has declared that these districts shall be composed of
contiguous territory, and contain, as nearly as practicable,
an equal number of inhabitants. Now, usage has defined
territory to be contiguous when it touches another portion
of the district at any one point. As a result of this ques-
tionable interpretation, some States have been divided into
districts of fantastic shapes, to promote the interests of
the party having the majority in the State Legislature. 2
Proportional Representation. — Proportional representation, which
is coming into favor in these days, would doubtless do much toward
remedying this abuse. According to the present system of electing rep-
resentatives by districts, large minorities of voters are not represented.
Numerous plans of" Proportional Representation" have been advocated.
One such plan is in operation in Illinois 3 for the election of members
to the State house of representatives. Each district elects three mem-
bers on a general ticket. The voter may give one vote to each candi-
date, or one and a half votes to each of two candidates, or three votes
to a single candidate. Therefore, the minority, by concentrating their
votes on one candidate, may elect a representative to the Legislature,
when under the district system they would not be represented.
Qualifications of Representatives. — Section 2, Clause 2.
No person shall be a representative who shall not have
1 The only exceptions to this rule are : Oregon holds its election on the
first Monday in June ; Vermont, on the first Tuesday in November ; and
Maine, on the second Monday in September.
2 This process is called " gerrymandering." See, also, " Government in
State and Nation," pp. 153, 154.
8 On Proportional Representation, read " Government in State and Na-
tion," pp. 13, 14, 15.
ORGANIZATION OF LEGISLATIVE DEPARTMENT. 53
attained to 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.
In the original States there was great diversity of quali-
fications for members of the lower houses of their Legisla-
tures. But some uniform system was necessary for the
National organization, and so the few simple requirements
of this clause were introduced. It is understood, however,
that the States may not add other qualifications. While a
representative must be an inhabitant of the State in which
he is chosen, he need not, so far as the Constitution
requires, be an inhabitant of the district. But the in-
stances have been few in which a member of the House has
not been also an inhabitant of the district which he repre-
sents. According to the English system of representation,
a member of the House of Commons frequently represents
a borough or county in an entirely different part of the
kingdom from that of which he is an inhabitant.
May the House refuse to admit a person duly elected and possessing
the necessary qualifications ? This question arose in the 56th Congress,
in the case of Brij>hani Roberts of Utah. He was finally excluded.
Present System of apportioning Representatives. — Sec-
tion 2 of Amendment XIV contains the rule of apportion-
ment that is now in operation. This became a part of the
Constitution, July 28, 1868.
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
54 THE NATIONAL GOVERNMENT.
the choice of electors for President and Vice-President of
the United States, representatives in Congress, the execu-
tive 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 repre-
sentation 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.
The second sentence of this section was framed in the
belief that the States, rather than lose a portion of their
representatives in Congress, would grant the right of
suffrage to negroes already declared to be citizens.
But proportional reduction of representatives was never
put into practical operation, for before the next apportion-
ment of representatives, Amendment XV became a part of
the Constitution, and negro suffrage was put on the same
basis as white. However, the enforcement of Section 2 of
Amendment XIV has been strongly urged in our own time.
This is because it is estimated that many thousand have been
disfranchised through the restrictions on the right of suffrage
found in several of our State constitutions. Some require an
educational test and others a property qualification for voting.
The "Indians not taxed" doubtless refers to those
Indians who still maintain their tribal relations or who
live on reservations in the several States. Their number,
according to the census of 1900, was 44,617.
Early Apportionment. — The number of representatives
to which each of the States was originally entitled is given
ORGANIZATION OF LEGISLATIVE DEPARTMENT.
55,
in Section 2, Clause 3, of the article we are now consid-
ering as follows: —
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,
including those bound to service for a term of years, and ex-
cluding 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 term of ten years, in such
manner as they shall by law direct. The number of repre-
sentatives shall not exceed one for every tJiirty thousand, but
each State shall have at least one representative ; and until
such enumeration shall be made, the State of New Hamp-
shire shall be entitled to choose three, Jlfassachusetts eight,
Rhode Island and Providence Plantations one, Connecticut
five, New York six, New Jersey four, Pennsylvania eight,
Dclazvare one, Maryland six, Virginia ten, NortJi Carolina
five, South Carolina five, and Georgia three.
The three-fifths rule was rendered void by the adoption
of Amendment XIII, which abolished slavery, since there
were no longer the "other persons." That part of the
clause which provides for the laying of direct taxes is still
in force.
The Census. — In order to carry out the provision of the Constitu-
tion, an "actual enumeration" was made in 1790. Since that date
there has een a census every ten years. The taking of the census and
the compila : on and publication of the statistics connected with it are
under the supervision of the director of the census. Work on the
twelfth census was begun June 1, 1900, and required over 50.000
enumerators, 2500 clerks, and 2000 special agents. The cost was some
56 THE NATIONAL GOVERNMENT.
$12,000,000. The most important volumes found in the report are
those on population, 1 manufactures, and agriculture. The taking of the
census will, in the future, be more economical and efficient because of
the establishment of the permanent census bureau by an act of Con-
gress in 1902.
Ratio of Representation. — The Constitution provided that there
should be 65 members in the first House of Representatives. After
the first census, Congress agreed that there should be one representa-
tive for each 33,000 of the population. This gave a house with 105
representatives. From that time the ratio of representation has been
changed every ten years. Otherwise, with the rapid increase in popula-
tion, the House would soon become too large. The ratio adopted by
die act of January 12, 1901, was one representative to 194,182 people. 2
After March 4, 1903, therefore, there will be at least 386 members in
the House, if the membership is complete. 3
Members from New States. — Should a new State be ad-
mitted after the apportionment is made, its representatives
are always additional to the number provided for by law.
The Constitution provides that each State shall have at
least one representative. If this provision had not been
made, the States of Delaware, Idaho, Nevada, and Wyo-
ming, each having a smaller population than the ratio
adopted in 1901, would not be represented.
Territorial Delegates. — The organized Territories are
each entitled to send a delegate to the House of Repre-
sentatives. He is allowed to speak on any question that
has to do with his Territory, but may not vote.
1 The population of the United States, according to the first jensiis, was
3,929,214. The population in 1900 was 76,303,387.
2 For the method of apportionment, see " Government ir State and Na-
tion," p. 145.
3 The number of members in the English House of Commons is 670 ; ia
the French Cham'ser of Deputies, 584 ; and in the German Reichstag, 396.
ORGANIZATION OF LEGISLATIVE DEPARTMENT. 57
Vacancies. — Section 2, Clause 4. When vacancies
happen in the representation from anj> State, the executive
authority thereof shall issue writs of election to fill such
vacancies.
When a vacancy occurs in the representation from any
State on account of death, expulsion, or for other cause, it
is made the duty of the Governor of the State in which the
vacancy exists to call for a special election in that district
to choose a representative for the remainder of the term.
Officers. — Section 2, Clause 5. The House of Repre-
sentatives shall choose their Speaker and other officers, and
shall have the sole power of impeachment.
The Speaker, who is the presiding officer, has always
been a member of the House, but the Constitution does
not say that he shall be. The other officers are the Clerk,
Sergeant-at-Arms, Doorkeeper, Postmaster, and Chaplain,
none of whom is a member of the House.
Number and Term of Office of Senators. — Section 3,
Clause 1. The Senate of the United States shall be com-
posed of two senators from each State, chosen by the legis-
lature thereof for six years, and each senator shall have one
vote.
As we have seen, the provision that there should be two
senators from each State was the result of a compromise.
Consequently New York and Pennsylvania have but the
same number as Delaware and Nevada. 1 The term of six
years for senators was likewise a compromise measure.
There were members of the convention who favored three
1 The Senate now contains 90 members ; the English House of Lords,
560 ; and the French Senate, 300.
58 THE NATIONAL GOVERNMENT.
years ; others wanted nine years, and Hamilton desired
that the term should be during good behavior. Many
States have practically lengthened the prescribed term by
the wise policy of returning acceptable senators for more
than one term. Although elected by the State Legislature,
senators do not vote by States. The senators from a
State may, and often do, vote on opposite sides of a
question.
Qualifications of Senators. — Section 3, Clause 3. 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
inhabitant of that State from which he shall be chosen.
The reasons for requiring different qualifications in
senators from those of representatives is expressed in
"The Federalist" as follows: "The propriety of these dis-
tinctions is explained by the nature of the senatorial trust,
which, requiring greater extent of information and stability
of character, requires at the same time that the senator
should have reached a period of life most likely to supply
these advantages." The attitude of Americans toward the
Senate to-day differs from that manifest during the first
quarter century of our history. Has the Senate degen-
erated? is a question frequently asked. The presence in
that body of numerous millionaires has also excited un-
favorable comment. There have been two instances only
in which senators have been disqualified because of inade-
quate citizenship.
Times and Places for electing Senators and Representa-
tives. — Section 4, Clause 1. The times, places, and man-
ORGANIZATION OF LEGISLATIVE DEPARTMENT. 59
ncr 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 place of choosing senators.
It is desirable that Congress should have the final au-
thority in providing for the election of its own members,
because the very existence of the Union might otherwise
be left, at times, to the whims of the State Legislatures.
Congress, in 1866, provided for the system now in use.
The Legislature, chosen next before the expiration of the term of a
senator, proceeds to elect his successor on the second Tuesday after its
organization. On that day each house must vote separately by a viva
voce vote. The two houses are required to meet in joint assembly at
noon the following day, when the results are read. If the same person
has received a majority of the votes in both houses, he is elected. If
no person have such majority, the joint assembly must take a viva voce
vote. The person receiving a majority of such votes is elected, pro-
viding a majority of all the members elected to both houses are present
and voting. Should there still be no election, the joint assembly must
meet at noon on each succeeding day, and take at least one vote until
a senator shall have been chosen. The procedure is the same in the
case of a vacancy which has occurred before the Legislature has assem-
bled. When the vacancy happens during the session of the Legislature,
it must proceed in the same way the second Tuesday after receiving
notice of the vacancy.
Election of Senators by Popular Vote. — Shall United States sena-
tors be elected by popular vote? This question has been much dis-
cussed in recent years. Deadlocks and briberv in State Legislatures
have done much to bring it into prominence. Besides, there is a grow-
ing feeling that the people are quite as competent to elect United States
senators as they are to choose other officers. The House of Repre-
sentatives, on several occasions, has passed a resolution favoring an
amendment to the Constitution that will secure this result : but each
time it has failed in the Senate. At the beginning of the year 1903
there were twenty-seven of the State Legislatures on record as in favor
of this reform. That the people generally desire such an amendment
60 THE NATIONAL GOVERNMENT.
cannot be questioned, if we may judge by the vote cast in Illinois in the
November election of 1902. 451,319 voters favored popular election
of senators; 76,975 opposed.
Vacancies in the Senate. — As provided in Clause 2, of
Section 3 of the article we are considering, a vacancy
occurring in the Senate during the recess of the Legisla-
ture of any State may be filled, temporarily, through an
appointment made by the Governor of that State. A
senator thus appointed holds his office until the Legisla-
ture meets. In case that body fails to elect his successor,
he retains the office until the end of the session of the
Legislature. But the State will then lack one member in
the Senate, because the governor may not, by appoint-
ment, fill a vacancy resulting from the failure of the
legislature to elect. 1
Classes of Senators. — Section 3, Clause 2. Immediately
after they shall be assembled in consequence of the first elec-
tion, 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 seco7id 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
appointments until the next meeting of the legislature, %vhicli
shall then fill such vacancies.
This provision makes the Senate a permanent body,
since only one-third of the members go out of office every
two years. In the first session of the first Congress the
1 For a test case, see " Government in State and Nation," p. 149.
ORGANIZATION OF LEGISLATIVE DEPARTMENT. 6l
senators were divided into three classes. It has been the
custom to place the senators from new States in different
classes. This is done in order to preserve, so far as pos-
sible, the equality of numbers in each class. Besides, a
State is thus enabled to keep one man of experience in the
Senate. When a new State is admitted, the senators from
that State determine by lot, drawn in the presence of the
Senate, which classes they are to enter. Thus when
Utah was admitted, her Senators were assigned to the
two and four year classes, neither of them serving the
full term of six years.
President of the Senate. — Section 3, Clause 4. The
Vice-President of the United States shall be President of the
Senate, but shall have no vote unless they be equally divided.
Other Officers. — Section 3, Clause 5. The 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.
The Vice-President of the United States is the presiding
officer of the Senate. He cannot take part in debates, and
has no vote unless there be a tie. In marked contrast with
the power of the Speaker, he cannot name the committees,
and has no direct authority in legislation. Indeed, the
office is regarded as one of so little influence that it is
sometimes difficult to secure, as candidates for it, men of
recognized prominence.
The other officers of the Senate are Secretary, Chief
Clerk, Sergeant-at-arms, Chaplain, Postmaster, Librarian,
and Doorkeeper, none of whom is a member of the Senate.
It is desirable, in the absence of the Vice-President, that
62 THE NATIONAL GOVERNMENT.
the Senate should have a presiding officer. At the open-
ing of the session, therefore, that body chooses from its
own members a president pro tempore. He may vote on
any question, but cannot cast the deciding vote in case of
a tie.
When Congress Meets. — Section 4, Clause 2. TJie
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.
As we have already seen, representatives are elected
for a term of two years. This period defines the length
of a Congress. Representatives, as we know, are chosen
on the first Tuesday after the first Monday in November.
Now the term of office of a representative begins legally
on the fourth of March succeeding the time of his election. 1
Except in the case of a special session, this term does
not really begin until the first Monday of the following
December, or thirteen months after the election. It would
seem desirable that the members should be given an
earlier opportunity to express themselves on the issues
upon which they have been chosen.
Sessions of Congress. — Each Congress has two regular
sessions. The first is called the " long session," for its
length is not determined by a definite date of adjournment.
It usually lasts until midsummer and may not extend be-
yond the first Monday in December, the time fixed for
the beginning of the next session. The second, or " short
session," cannot extend beyond 12 m. of March 4, the time
1 The limits of the 58th Congress will be March 4, 1903, to March 4, 1905.
ORGANIZATION OF LEGISLATIVE DEPARTMENT. 63
set for a new Congress to begin. The President may con-
vene Congress in special session.
Organization of Congress. — The first Monday in December of each
second year is a notable day in Washington, for the formal opening of
a new Congress is regarded as an important event. The House of
Representatives must go through the entire process of organization.
To the Clerk of the preceding House are intrusted the credentials of the
members, and from these he makes out a list of those who are shown to
be regularly elected. At the hour of assembly he calls the roll from
this list, announces whether or not a quorum is present, and states that
the first business is to elect a Speaker. After his election, the Speaker
takes the oath of office, which is administered by the member who has
had the longest service in the House. The Speaker then administers
the oath to the members by States. The election of the Chief Clerk
and the other officers follows, after which the House is said to be
organized.
The Senate is a '•'continuing body, 1 ' and no formal organization is
necessary. At the opening of a new Congress the Vice-President calls
the Senate to order and the other officers resume their duties. After
the President pro tempore has been chosen, the newly elected members
are escorted to the desk in groups of four, and the oath is administered
by the President of the Senate. Each house, when organized, notifies
vhe other of the fact, and a joint committee of the Houses is appointed
to wait upon the President and inform him that quorums are present
and are ready to receive any communication he may desire to send.
The House of Representatives occupies a large hall in the south wing
of the Capitol. The desks of the members are arranged in a semicircle
about that of the Speaker, with the Republicans on his left and the
Democrats on his right. When a member gains the floor, he speaks
from his own desk or from the space in front of the Speaker's desk.
Unless the question is one of importance, but little attention is paid to
the course of debate. Consequently a visitor can hear only with great
effort because of the constant din produced by the shuffling of papers,
clapping of hands for pages, etc. The real work of Congress, as we
shall see, is done in committees. The Senate occupies a hall at the
opposite end of the Capitol. It is, of course, much smaller than that
occupied by the House, but is similarly arranged. In general, the pro-
ceedings on the floor of the Senate are conducted in a much more orderly
manner than is usual in the House.
64 THE NATIONAL GOVERNMENT.
SUPPLEMENTARY QUESTIONS AND REFERENCES.
1. What is the number of the present Congress ? Give the dates fol
the beginning and end of each session.
2. In the States which have woman suffrage, may women vote for
representatives ?
3. It is not required by law that a representative shall reside in the
district that he represents, but it is an established custom.
What are its advantages and disadvantages ? Compare with
the English practice. Bryce, American Commonwealth, I,
Chapter 19.
4. Were the States mentioned on p. 54 justified in the enactment
of their suffrage laws ?
5. Ought Section 2, Amendment XIV, to be enforced? Rev. of R's,
22: 273-275, 653, 654 ; 24: 649-651 ; Forum, 31 : 225-230 ; 32:
460-465; N. Am. Rev., 168:285-296; 170:785-801; 175:534-
543 ; Outlook, 69:751.
6. State the points of likeness and of difference between the House
of Representatives and the House of Commons. N. Am. Rev.,
170: 78-86.
7. Give the number of representatives to which your State is entitled.
Was the number increased in the last apportionment ? How
large is your Congressional district ? Population ?
8. Compare the area of your district with that of other districts in
your State ; also with the population of other districts. Com-
pare the number of votes cast for Representative in your dis-
trict with the number cast in districts of other States in different
sections of the country. How do you account for the variation ?
See New York World Almanac.
9. Some interesting facts connected with the apportionment of 1901
are given in the Forum, 30: 568-577.
10. For the Reapportionment Law of 1901, see Outlook, 67 : 136.
n. For accounts of the methods by which a census is taken, see
American Census Methods, Forum, 30:109-119. Census of
1900, N. Am. Rev., 170:650-652.
12. Who are some of the best-known representatives and senators?
For what reasons are they noted?
13. Who are the senators from your State ? When was each elected?
ORGANIZATION OF LEGISLATIVE DEPARTMENT. 65
14. Give the names of the Speaker and of the President pro
tempore.
15. Has the Senate degenerated ? Should senators be elected by
popular vote? Outlook, 67: 559, 604, 774 a ; 73: 277-285, 386-
392. For other references, see James and Sanford. Govern-
ment in State and Nation, p. 157.
CHAPTER VIII.
POWERS AND DUTIES OF THE SEPARATE HOUSES.
I. Impeachment.
Article II, Section 4. 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 I, Section 2, Clause 5. The House of Represen-
tatives shall . . . have the sole power of impeachment.
Section 3, Clause 6. The Senate shall have the sole
power to try all impeachments. When sitting for that pur-
pose, they shall be on oath or affirmation. When the Presi-
dent of the United States is tried, the Chief Justice shall
preside ; and no person shall be convicted without the con-
currence of two-thirds of the members present.
Section 3, Clause 7. Judgment in cases of impeachment
shall not extend further than to removal from office and dis-
qualification to hold and enjoy any office of honor, trust, or
profit under the United States ; but the party convicted shall
nevertheless be liable and subject to indictment, trial, jtidg-
ment, and punishment according to law.
There have been but seven impeachment trials in the
history of our government. Section 4 of Article II declares
who may be impeached. The expression " civil officer "
66
POWERS AND DUTIES OF SEPARATE HOUSES. 67
does not include military and naval officers. They are
subject to trial by court-martial. Members of Congress
may not be impeached, since the Constitution authorizes
each house to bring to trial and punish its own members.
Clause 5 of Section 2, and Clauses 6 and 7 of Section 3,
Article I, give the method of procedure against an officer
who may be charged with " treason, bribery, or other high
crimes and misdemeanors." The articles of impeachment
preferred by the House of Representatives correspond to
the indictment in a criminal trial. The manner of con-
ducting an impeachment trial, in the Senate, resembles
also a trial by jury. 1 That the " Chief Justice shall pre-
side " during the trial of the President of the United States
is a wise provision, because it is easy to presume that a
Vice-President might be personally interested in the con-
viction of a President.
II. The Quorum, Journal, and Freedom of Speech.
Determination of Membership and Quorums. — Section 5,
Clause 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 authoi iced to compel the attendance of absent mem-
bers, in such manner and under such penalties as each house
may provide.
In 1900 the right of a Senator to a seat in the Senate
was challenged by the citizens of his State on the ground
that his election was secured through bribery and cor-
ruption. In a memorial of the citizens forwarded by the
'See " Government in State and Nation," p. 159.
68 THE NATIONAL GOVERNMENT.
Governor, the matter formally came before the Senate.
The case was referred to the Committee on Privileges and
Elections, which unanimously reported, after careful delib-
eration, that the Senator was not duly and legally elected by
the Legislature of his State. The Committee found that he
had obtained through illegal and corrupt practices more than
eight votes which would otherwise have been cast against
him and changed the result. Before a vote was taken in
the Senate on this resolution the Senator resigned his seat.
In the House the name of the person possessing the
certificate of election signed by the governor of his State
is entered on the roll of the House, but the seat may still
be contested. Many cases of contested elections are con-
sidered by each new House. There were thirty-two seats
contested in the 54th Congress. Such cases are referred
to the Committee on Elections, which hears the testimony,
and presents it to the House for final decision. Each of
the cases when presented to the House consumes from
two to five days which might otherwise be used for the
purposes of legislation. The law provides that no more
than $2,000 shall be paid either of the contestants for
expenses, but even then, it is estimated, these contests cost
the government, all told, $40,000 annually. When the
decision is rendered by the House, the vote is, in most
cases, strictly on party lines, regardless of the testimony.
In view of these facts, it has been suggested that the
Supreme Court decide all contested elections.
How a Quorum is Secured. — If it appears, upon the
count of the Speaker, or upon the roll-call of the House,
that a majority is not present, business must be suspended
POWERS AND DUTIES OF SEPARATE HOUSES. 69
until a quorum is secured. Fifteen members, including
the Speaker, may be authorized to compel the attendance
of absent members. This is accomplished as follows : The
doors of the House are closed, the roll is called, and
absentees noted. The Sergeant-at-arms, when directed by
the majority of those present, sends for, arrests, and brings
into the House those members who have not sufficient
excuse for absence. When a quorum is secured, business
is resumed.
Rules and Discipline. — Section 5, Clause 2. Each house
may determine the rules of its proceedings, punish its
members for disorderly behavior, and, with the concurrence
of two-thirds, expel a member.
The Journal. Section 5, Clause 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 judg-
ment 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.
Our Knowledge of Congressional Proceedings. — As citi-
zens in a republican government, it is our duty to keep in-
formed on the problems which our representatives are
called upon to solve. Means of gaining information are not
wanting. The public galleries of both Houses are usually
open to visitors. The official record of the proceedings of
Congress is made known to the public through the Journal,
which is read at the opening of each day's session. Reports
of the debates do not appear in the Journal, but are pub-
lished each day in the Congressional Record.
Another means of keeping constituents informed on the
70 THE NATIONAL GOVERNMENT.
position of their representatives is through the recording
in the Journal of the vote of each member when demanded
by one-fifth of those present. In voting by the " yeas and
nays," the clerk calls the roll of members and places after
each name, "yea," "nay," "not voting," or "absent."
The Senate rules specify this as the only method of voting.
(Other methods of voting in the House are indicated on
page 80.)
Power to Adjourn. — Section 5, Clause 4. Neither house,
during the session of Congress, shall, without 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.
If there is a disagreement between the two houses with
respect to the time of adjournment, the President may
adjourn them to such a time as he thinks proper. This
right has never yet been exercised.
Compensation and Freedom from Arrest. — Section 6,
Clause 1. The senators and representatives shall receive
a compensation 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 sessions of their respective houses, and going to and re-
turning from the same; and for any speech or debate in
either house, they shall not be questioned in any other place.
Should the members of Congress be paid a salary, or
should the office be regarded as exclusively one of honor?
These questions were discussed at length in the Constitu-
tional Convention. Some of the delegates favored the
POWERS AND DUTIES OF SEPARATE HOUSES, yi
English custom, by which members of Parliament receive
no salary. It was finally concluded to adopt the provi-
sions as given, in order that men of ability, though poor,
might become members of the National Legislature.
By a law of 1789 the compensation of senators and representatives was
fixed at six dollars per day and thirty cents for every mile traveled, by
the most direct route, in going to and returning from the seat of govern-
ment. Prior to 1873, tn ' s amount was changed several times by act of
Congress. The compensation then agreed upon and until 1907 was
$5000 per year, with mileage of twenty cents, and $125 per annum for
stationery. The Speaker receives $8000 a year and mileage. The
President pro tempore received the same amount while acting as Presi-
dent of the Senate.
To many people $5000 seemed a large salary, but the great expense
of living in Washington renders the salary quite inadequate. Members
have been known to pay more than their salaries for house-rent alone.
Accordingly, in 1907, the salary of senators and representatives was
increased to $7500 and that of the Speaker and President pro tempore
of the Senate to $12,000.
To hold Other Offices. Disqualification. — Section 6,
Clause 2. No senator or representative shall, during the
time for zvhich he is 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 in-
creased, during such time ; and no person holding any
office under the United States shall be a member of either
house during his continuance in office.
The purpose of this provision seems to have been to
remove the temptation on the part of Congressmen to
create offices, or to increase the emoluments of those
already existing, in order to profit by such legislation. The
exclusion of United States officials from seats in Congress
was due to the desire of appeasing State jealousy, which
72 THE NATIONAL GOVERNMENT.
asserted that the National government would in this way
secure an undue influence over the State governments.
It is advocated, with good reason, that members of the
Cabinet should be privileged to take part in the discussion
of measures in Congress which pertain to their own depart-
ments. Alexander Hamilton asked for this privilege. It
was refused because of the belief that he would exert too
great influence over the members. The precedent thus
established has always been retained.
But since executive officers are often invited to present
their views before committees of Congress, they may, in
this way, exert great influence upon legislation.
CHAPTER IX.
HOW LAWS ARE MADE BY CONGRESS.
Methods of Procedure developed by Custom. — Very little
can be learned directly from the Constitution concerning
the actual methods employed in the enactment of laws by
Congress. In both houses, procedure in the conduct
of their business has been developed by custom ; it has
changed from time to time as determined by circumstances,
and it has taken on forms that were entirely unanticipated
by the founders of our government. The principal reason
why new methods of Congressional procedure have be-
come necessary may be found in the growth of the amount
of business presented to Congress for consideration ; this,
in turn, has been caused by the growth of population and
wealth, and by the expansion of business relations through-
out this country and with other nations.
Several features of Congressional organization may be
mentioned as very important in determining the course of
legislation. These are : —
I. The Committee System.
II. The House Committee on Rules.
III. The Speaker of the House.
IV. The Influence of Party Caucuses.
I. The Committee System. — Two facts made this system
necessary in the houses of Congress, (i) The number of
73
74 THE NATIONAL GOVERNMENT.
members, especially in the House of Representatives, is so
large that business cannot be transacted with dispatch by
the entire body. (2) The number of bills introduced is so
very great that it is impossible for either house to consider
all of them ; hence it is necessary that committees shall
examine the bills and decide which are worthy of consider-
ation.
In the long session of the 58th Congress, more than 15,000 bills
were introduced into the House. The number of committees in the
House was 60, the membership varying from 3 to 18. The most im-
portant House committees are those on Ways and Means (which has
charge of all bills for raising revenue), Appropriations, Banking and
Currency, Foreign Affairs, and Military Affairs. In the Senate of the
58th Congress there were 55 standing committees. The number of
members on a committee was in most cases 9 or 11. A few of the
Senate committees are those on Finance (corresponding to the commit-
tee on Ways and Means in the House), Agriculture, Commerce, and
Foreign Relations.
Both in the House and in the Senate, every member is on some com-
mittee, and some members have places on several committees. In the
House of Representatives the Speaker appoints the committees, and he
selects the chairman and a majority of the members of each committee
from the members of his own party ; that is, from the party that has a
majority in the House. The Senate committees are constituted in ac-
cordance with the same rule ; but in the Senate the committees are
elected, rather than appointed.
Steps in the Progress of a Bill. — The importance of the
committee system in Congress is found in the power of
committees to determine the destiny of bills that are com-
mitted to their charge. The introduction of a bill by a
member of either house is merely a formal step; the bill is
immediately referred to a committee. When the committee
reports the bill back, the house will in a great majority of
cases pass or reject it according to the committee's recom
HOW LAWS ARE MADE BY CONGRESS. 75
mendation. Few bills are debated in either house, and in
the most of these cases the discussion has no influence
upon the fate of the bill — it is meant merely to be heard
or to be printed. Hence, it is in that intermediate stage
between the reference of the bill to a committee and the
report on it that the real work of legislation is accomplished.
The Power of Committees over Bills. — In the course of
its deliberations a committee may exercise the utmost free-
dom with respect to the bills referred to it. The greater
number of bills receive no consideration whatever from the
committees ; these may never be reported if the committees
see fit to ignore them. Other bills are amended by the
committees, or new bills are substituted for them. Such is
the power intrusted to Congressional committees. How-
ever undesirable in some respects this method of legisla-
tion may seem, its necessity has fixed it as a permanent
feature of Congressional procedure.
Many of the important committees have separate rooms where their
meetings are held. Here the members may confer in secret, or they
may allow or invite the hearing of testimony and arguments upon the
subjects of bills. Frequently the majority members of a committee
hold separate meetings, determine their policy, and then adhere to it
regardless of the wishes of the minority members. The latter may pre-
sent a separate report called the minority report of the committee.
II. The Committee on Rules. — Since only a small pro-
portion of the bills that are reported favorably can receive
consideration and come to a vote, the question now arises,
How is it determined which bills shall be thus favored ?
In some measure this depends upon the importance and
the merits of the bill ; but it depends more upon the skill
and influence of the member (generally the chairman of
y6 THE NATIONAL GOVERNMENT.
the committee reporting the bill) who is particularly in-
terested in seeing it enacted into law. In the House of
Representatives this important matter is decided by the
Committee on Rules, which is composed of five members,
three being of the party that has a majority in the House.
This committee decides which bills shall be considered, and
how much time shall be given to the discussion of each
one. Thus it practically dictates the course of legislation
in the House. Sometimes the committee is overruled by
an opposition composed of the minority members of the
House together with a few rebellious members of the
majority party; but such a revolt is exceptional, and
usually the Committee on Rules has its way. Some cen-
tral authority like this, with dictatorial, power, seems
necessary in order to settle the disputes and rivalries
arising among influential members and important commit-
tees ; these would block each other's progress, and no
legislation whatever would be accomplished, were there
not some power to decide which, in each case, shall have
the right of way.
III. The Power of the Speaker. — As the Committee on
Rules decides the programme to be followed in each day's
proceedings in the House, the Speaker is the executive
officer who sees that the programme is adhered to. Indeed,
the Speaker is chairman of the Committee on Rules and
is its most influential member. No bill can come before
the House, and no member can address the House, without
the Speaker's consent. In all important matters, it is
necessary for a member to make an arrangement with the
Speaker in order to secure recognition when he wishes to
address the House.
HOW LAWS ARE MADE BY CONGRESS. 77
In exercising the power of recognition, the Speaker will,
of course, give both the sides a fair opportunity to debate
upon important measures. He will not permit members to
make motions, or to protract debate, merely for the sake of
delaying some action to which they are opposed. Within
recent years, obstructive tactics, popularly known as fili-
bustering, are of rare occurrence in the House. Be-
fore these extensive and arbitrary powers were intrusted
to the Speaker, the minority members more frequently
obstructed the work of the House and prevented all legis-
lation because of their opposition to a particular bill.
Two powers of the Speaker remain to be mentioned
which are no less important in their influence on legislation
than those already considered. He appoints all commit-
tees of the House, and in this way marks out in some im-
portant matters the policy that will be pursued in legisla-
tion. Again, the Speaker refers all bills introduced into
the House to their appropriate committees. Sometimes the
Speaker may exercise his discretion with regard to the
committee to which he refers a certain bill, and in such
cases his influence upon the fate of the bill is important.
We are endeavoring to analyze the complicated action
of the forces that determine which bills shall, and which
shall not, be enacted by Congress. So far, we discover
that great authority is intrusted to small groups of mem-
bers — the committees. These practically determine the
contents of all bills. We find in the House a central
directive committee ( that on Rules) deciding which bills
shall be dropped and which may be considered. Finally,
we find that the Speaker is the most influential member of
Congress, executing the decisions of the Committee on
78 THE NATIONAL GOVERNMENT.
Rules ( that is, chiefly his own will ) and deciding impor-
tant questions at critical moments in the course of the
daily business of the House.
The Lobby, Log-rolling, and Patronage. — Not all the bills that
come before Congress are passed or rejected on their merits. The
influences that determine the course of legislation at Washington are
very numerous and complicated. Some of these influences are to a
greater or less extent legitimate, and others are totally bad. The
lobby, in its broadest sense, is composed of all those persons who go to
Washington in order to exert pressure upon Congressmen in favor of or
against certain measures. Some of the best laws and some of the
worst are enacted through the influence of the lobbyist. Log-rolling
is an important influence in determining legislation ; a member votes
for the pet measure of his fellow-congressman on condition that the
latter will vote for the bill in which he is particularly interested. Political
patronage is a great factor in determining votes in Congress ; the power
of members to recommend appointments, 1 and the influences exerted
in their favor by the appointees, often determine the question of their
continuance in office. Consequently, there is a great temptation to use
patronage in exchange for votes. The use of money directly in bribery
is difficult of detection, but other favors and privileges of pecuniary
value are no less effective in the purchase of the votes of those members
who are so unscrupulous as to be open to such influences.
Debate in the House. — The fate of nearly all bills that
are introduced into Congress is determined by the inter-
action of the various influences that have received attention
so far in this chapter. Argument in debate is a small
factor in arousing favorable influence or in changing votes.
In the House, the Committee on Rules limits strictly the
time given to debate. The chairman of the committee
reporting a bill generally has one hour in which to urge
the passage of his measure ; for a portion of the time he
may yield the floor to other members, both friends and
opponents of the bill. Of course, much more than one
'Seep, 134-
HOW LAWS ARE .MADE BY CONGRESS. 79
hour is given to debate on important bills. Many of the
speeches which are printed in the Congressional Record
have not been delivered ; but they are intended for circula-
tion among the constituents of Representatives, and for use
as campaign documents. Many of the speeches that are
actually delivered receive scant attention ; the lack of
interest in them is made evident by the noise and con-
fusion that very often prevail during sessions of the House.
Senate Procedure. — In the Senate, debate is not limited.
Senators are expected to regard each other's rights with
respect to the amount of time and attention they may
demand; yet a bill may be "talked to death" in the
Senate. As a result, the Senate is less businesslike in its
procedure than the House, and some means of checking
unlimited discussion : have often been proposed for it.
Conference Committees. — If one house amends a bill
which has already passed the other, it must be returned
-or re-passage to the house where it originated. This is
a f.equent cause of conflict between the two houses, and
each tries to insist on its rights. 2
When such a dispute cannot be easily adjusted, a con-
ference committee must be appointed. This is composed
of members from each house, and they endeavor to arrange
a compromise which will be acceptable to both houses.
Generally their decision is ratified without question, but
sometimes even this method of settlement fails.
1 This is called, technically, a rule for " closure."
2 Within very recent years the Senate has shown itself to be the stronger
body. This is partly because its members have longer terms, and so become
more skillful in exerting their influence and adhering to their demands.
80 THE NATIONAL GOVERNMENT.
Methods of Voting. — There are^three methods of voting
in Congress, (i) Members respond "aye" or "no" by
acclamation. (2) If a division is called for, a rising vote
is taken and the members are counted. In the House, the
counting is done by two tellers, who stand near the
Speaker's desk, while the members pass between them in
single file, first those voting in the affirmative, and after-
ward those opposing the motion. When the "yeas and
nays " are called for, or whenever the rules of either house
require them, the roll is called and each member votes as
he responds to his name. This vote is entered on the
journal. 1
After the roll-call is completed, the presiding officer announces the
pairs. Members who belong to different political parties may agree
that they shall be recorded on opposite sides of party questions,
whether they are present or not. Or pairs may be arranged for partial
lar votes only. This device enables a member to be absent from his
seat without feeling that his vote is needed.
'&
The President's Power in Lawmaking. — A bill which
has received a majority vote in both houses is next sent to
the President.
Article 1, Section 7, Clause 2. Every bill which shall
have passed the House of Representatives and the Senate
shall, before it become a law, be presented 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
zvJiicJi it shall have originated, tvho shall enter the objec-
tions at large on their journal and proceed to reconsider it.
If after sucJi reconsideration tzuo-thirds of that house shall
agree to pass the bill, it shall be sent, together with tJie
1 See pp. 69-70.
HOW LAWS ARE MADE BY CONGRESS. 8 1
objections, to the other house, by which it shall likewise be
reconsidered, 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 nanus
of the persons voting for and against the bill shall be entered
on the journal of each house respectively. If any bill shall
not be returned 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, hi
zvhicli case it shall not be a law.
The framers of the Constitution intended that the veto
power should be a check, though not an absolute one, upon
hasty or unwise legislation. The President may cause a
bill to fail by neither signing nor vetoing it during the last
ten days of a session. The term pocket veto has been
applied to this method of defeating bills.
SUPPLEMENTARY QUESTIONS AND REFERENCES.
1. Copies of the Congressional Record and the Congressional Direc-
tory furnish interesting illustrations of the topics treated in this
chapter.
2. Procedure in the Senate, Ashley, The American Federal State,
228-231. In the House, ibid., 250-258, 263-264.
3. What difference is there in the granting of recognition in the
Senate and House ? Harrison. This Country of Ours, 45-48.
4. An interesting account of the appearance and character of the
Senate. Bryce, I, 1 14-120 (117-123).
5. The character of Representatives — procedure in the House — the
number of bills introduced, Bryce, I, 124-134 (128-138).
6. What appearance does the House make when at work? Bryce. I,
138-144 (142-148).
7. An Eng'ishman's criticisms on our committee system, Bryce, I,
153-160 (157-164).
G
82 THE NATIONAL GOVERNMENT.
8. General observations on Congress, Bryce, I, Chapter 19.
9. How are obstructive tactics carried on ? Alton, Among the Law-
makers, Chapter 20.
10. Why is there little debate in the House of Representatives? Wil-
son, Congressional Government, 72-73, 86-102.
SI. The Senate, Forum, 31:423-431; N. Am. Rev., 174:230-244;
Century Mag., 65 : 499-5*5-
12. Our Process of Lawmaking, Arena, 23:480-484; Century Mag.,
64: 170-187.
13. The Speaker's Influence, Rev. of R's, 21:85-86; Arena, 21:
653-666.
14. Comparisons of Congress with Parliament, N. Am. Rev., 170:78-
86 ; Arena, 23 : 593-605.
CHAPTER X.
SOME IMPORTANT POWERS OF CONGRESS.
I. National Finances.
The Power of Taxation. — When we speak of the
finances of a country, we mean its revenues and expendi-
tures. Revenues have their origin chiefly 1 in taxation,
and the power vested in Congress by virtue of which taxes
are imposed and collected is found in the following clause :
Article I, Section 8, Clause i. The Congress shall have
power 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, impost!
and excises shall be uniform throughout the United States.
Duties on Imports. — The two forms of taxes relied upon
by the United States for its revenues are (i) duties and.
(2) excises. 2 A duty is a tax levied upon goods that are
imported into the United States. 3 The merchant doing
business in New York, for example, cannot obtain posses-
sion of the goods he has imported until the officers of the
custom-house at that port have examined the invoice, or
the list of articles in each package, with their prices ; and
1 Considerable sums are derived by our National government from the sale
of public lands. See Chapter on Territories and Public Lands.
- The terms duties and imposts are nearly synonymous.
3 Duties on exports are prohibited in Section 9, Clause 5, of Article I:
No tax or duty shall be laid on articles exported from any State.
S3
84 THE NATIONAL GOVERNMENT.
the officers may examine the goods, also, to see if they
correspond in amount and quality to the statements of the
invoice. The importer then pays to the collector of the
port of New York the amount of the duty levied on his
importation.
Kinds of Duties. — These are of two kinds, (i) Specific duties are
fixed amounts levied on certain units of measurement of commodities,
as the pound, yard, or gallon. (2) Ad valorem duties are levied at a
certain rate per cent on the value of the articles taxed. Below are given
several examples of duties imposed by the tariff law of 1897 (the Ding-
ley law) .
Watches, 40 per cent ad val.
Umbrellas, 50 per cent ad val.
Leather manufactures, 35 per cent ad val.
Glassware, 60 per cent ad val.
Apples, 25^ per bushel.
Honey, 10 f per gallon.
Cheese, 6? per pound.
Table knives, 16 ^ each and 15 per cent ad val.
Blankets, 11 f per pound and 30 per cent ad val.
It is apparent that on some articles both kinds of duties are levied.
In the fiscal year ending June 30, 1902, the total amount of duties
collected was $254,500,000. New York is by far the most important
oort of entry.
Passengers on steamships coming from foreign countries are required
to declare what dutiable goods they have among their baggage, each
person being allowed to enter $100 worth of goods free of duty. Upon
landing, their baggage is examined ; trunks and valises are opened, and
in suspected cases the persons of travelers are searched for concealed
dutiable goods. The temptation to undervaluation and to smuggling,
in order to escape this form of taxation, is so great that constant vigi-
lance is necessary at custom-houses and along the borders of the United
States to prevent these frauds. Special agents and revenue cutters are
employed to detect violations of the law.
Tariff Laws. — A tariff is the list of the rates of duties
fixed by law. An importer of foreign goods must consider
SOME IMPORTANT POWERS OF CONGRESS. 85
the amount of the duties he has paid as part of the cost of
the goods when he sells them. If a higher price is caused
in this way, this may deter importation and encourage the
production of such articles in this country. Consequently,
high rates of duties may have a decided influence upon the
industries of a country. When the rates of duties are so
adjusted as to bring about this result, we have a protective
tariff ; i.e. one under which persons can produce in this
country certain articles which otherwise they could not
produce, because of their cheapness when imported from
a foreign country. The duties are made so high that it is
not profitable to import the articles. When rates of duties
are fixed primarily with the object of raising revenue, and
without regard to their effect upon the industries of the
country, we have a tariff for revenue. This kind of tarif
is generally meant when the term free trade is used.
Articles on which no duties are imposed are said to be
on the free list. There is no country which fails to collect
duties on some of its importations.
Reciprocity Agreements. — The United States has entered into
reciprocity treaties with various countries for securing the reduction of
.ariff rates. Each country agrees to admit certain products of the
other country at reduced rates, or free of duty. These are generally
commodities in the production of which there is little or no competi-
tion between the parties to the treaty.
Internal Revenue Taxes. — Excises are taxes laid upon
the manufacture and sale of certain products within the
country. At the present time these internal revenue taxes
are levied by the National government upon liquors, 1 to-
1 Taxes are levied, not only upon the liquors themselves, but upon the
business of brewing and rectifying ; of selling by wholesale and by retail ; of
86 THE NATIONAL GOVERNMENT.
bacco, snuff, opium, oleomargarine, filled cheese, mixed
flour, and playing cards. The greater number of these
taxes are paid by the purchase of stamps, which must be
affixed, in the proper denominations, to the articles taxed.
When the packages are broken, the stamps must be de-
stroyed so that they cannot be used again.
War Taxes. — Because taxes of this kind are so easily collected, the
government has extended them to a great number of articles when it
suddenly needed a large revenue, as in the War of 1812, the Civil War,
and the Spanish War of 1898. The law of 1898 increased the taxes on
liquors and tobacco, and imposed new taxes on (1) proprietary articles,
and (2) documents. Under the first heading fall patent medicines and
compounds of various kinds. Documentary taxes 1 were imposed upon
legal papers, such as deeds, mortgages, etc., and also upon bank checks
and drafts, telegraph and telephone messages, and express receipts.
Under this law the internal revenue receipts rose from $170,000,000 in
1898, to $273,000,000 in 1899. Congress has repealed these special
war taxes.
The law of 1898 also levied taxes on bankers and brokers; and it
included a legacy tax, which is still in force. Inheritances above
$ 1 0,000 are taxed at various rates, which differ with the degrees of re-
lationship that may exist between the one who bequeaths the property
and the persons inheriting it.
Rules for Levying Taxes. — The Constitution contains
two rules by which Congress must be guided in the levy-
ing of taxes. We have seen, Article I, Section 8, Clause 1,
that duties, imposts, and excises, must be uniform, through-
out the United States ; that is, the same rates must pre-
vail everywhere. Another provision, Article I, Section 2,
Clause 3, is that representatives and direct taxes shall be
manufacturing stills ; and upon the stills themselves. A list of these taxes
may be obtained from the collector of any internal revenue district.
1 These were exactly like those imposed by Parliament in the Stamp Act
of 1765.
I. Direct
persons,
taxes,
lands,
levied on
incomes.
II. Indirect
duties,
taxes
imposts,
excises.
SOME IMPORTANT POWERS OF CONGRESS. 87
4
apportioned among the several States . . . according to
their respective numbers}
We have, therefore, the following classification : —
Must be apportioned among
the States according to popu-
lation.
Must be uniform throughout
the United States.
So far, we have discussed the indirect taxes only, for at
present the United States levies no direct taxes. In our
previous history, however, the government has imposed
all the kinds of taxes mentioned in the outline above. In
levying a direct tax, Congress must determine the total
amount to be raised (as $2,000,000 in 1798, and $20,000,000
in 1 861), and then apportion this amount among the
States, according to their population. It is evident that,
if this kind of tax is imposed upon property or incomes,
the rate will not be uniform throughout the United States.
The bills introduced into Congress which provide for
taxation are called "bills for raising revenue." They
must originate in the House of Representatives (Article I,
Section 7, Clause 1). The Committee on Ways and Means
frames these bills. In the Senate, such bills are referred
to the Committee on Finance, and here the bills mav be
amended.
1 See also Article T, Section 9, Gause 4 : No capitation, or other direct, tax
shall he laid unless in proportion to the census or enumeration hereinbefore
directs to be taken.
2 These art; poll taxes. Such a tax was levied on slaves in 170S and 1813.
$8
THE NATIONAL GOVERNMENT.
The Appropriation of Money. — Appropriation bills are
those which provide for the expenditure of the govern-
ment's funds, and these bills are in charge of the com-
mittee on appropriations in each house.
Below is a list of the principal items in the revenues and
appropriations for the year ending June 30, 1903.
Revenues.
Duties $284,500,000
Internal revenue 230,800,000
Miscellaneous 45,096,000
Total
Expenditures.
War Department
Navy Department .
Indian Bureau
Pensions
Interest on public debt
Civil list and miscellaneous
Total
$560,396,000
$1 18,600.000
82,600.000
12,900,000
138,400,000
28,500,000
125,000.000
$506,000,000
The Power to borrow Money. — We have now seen how
money is provided for the government under ordinary cir-
cumstances. In extraordinary cases this revenue is not
sufficient ; accordingly, Congress has been given power by
Article I, Section 8, Clause 2, To borrow money on tlie credit
of the United States.
Money is borrowed in most cases by the sale of bonds.
These are of the same nature as the promissory notes by
which individuals obtain loans. National bonds state the
promise of the United States to pay a certain amount, at a
stated time, with interest. A " registered " bond contains
the name of the owner, and this is a matter of record at the
SOME IMPORTANT POWERS OF CONGRESS. 89
treasury department. When this bond is transferred,
the record must be changed. " Coupon " bonds are usually
payable to bearer; they have attached to them a number of
coupons equal to the number of interest payments due
during the term of the bond.
Bonds are bought and sold on the market, and their prices are quoted
in the daily papers. When the bonds fall due, they are redeetned by
the government at their face value, or " at par." On the market all
United States bonds are now selling "at a premium. 1 ' Issues of bonds
were made in 1898, the rate of interest being 3 per cent, and in 1900,
the rate being 2 per cent. The Public Debt Statement issued monthly
by the treasury department gives the divisions of the bonded debt
and the amount outstanding. On May 31, 1904, the amount of the
interest-bearing debt was 5895,157,430.
II. The Power of Congress over Commerce.
The Control of Commerce. — The power over commerce,
which we are next to discuss, was given to Congress be-
cause the history of the country under the Articles of Con-
federation demonstrated conclusively the fact that State
control of commerce was entirely inadequate. Through
Congressional control we secure that uniformity which is
essential to security and prosperity in commercial matters.
Not all commerce that is carried on by the citizens of this
country is subject to control by Congress. The Constitu-
tion gives it the power, in Article I, Section 8, Clause 3,
To regulate commerce with foreign nations, and among the
several States, and with the Indian tribes.
There is a vast amount of commerce that is carried on
entirely within the limits of the different States. Over this
commerce Congress has no power ; it is regulated by State
laws relating to trade and transportation.
90 THE NATIONAL GOVERNMENT.
Interstate Commerce. — The distinction between State
and interstate commerce is not readily seen in many cases ;
but in general it may be said that if a commodity starts in
one State destined for another, its control throughout its
course lies within the power of Congress. This principle
applies to both land and water transportation. So the
coast trade among the States lies within the jurisdiction of
Congress ; also, commerce upon those rivers that form
highways between different States. The harbors and
waterways of the United States have been improved by
the expenditure of many millions of dollars. This money
has been appropriated in the " River and Harbor Bills "
that are passed by almost every Congress.
The Interstate Commerce Law. — The importance of rail-
road transportation led to the enactment, in 1887, of the
" Interstate Commerce Law," controlling this form of com-
merce. The law became necessary because of certain
abuses which had arisen. In many instances, the rail-
roads gave lower freight rates to certain persons than to
others doing the same kind of business ; again, the mer-
chants or manufacturers of certain cities were favored by
more liberal rates than could be obtained by those who
were engaged in the same industries in other cities. As a
result, the business of many persons and places suffered
injury, while the business of their rivals prospered through
the advantages given to them by the railroads. In conse-
quence, the Interstate Commerce Law provided that all
rates should be "just and reasonable." It was made un-
lawful to discriminate by giving to any particular person,
corporation, or locality an unreasonable advantage over
SOME IMPORTANT POWERS OF CONGKE 91
others. 1 All rates for interstate commerce must be made
public under this law. Finally, the Interstate Commerce
Commission was created to supervise the administration of
the law.
The Interstate Commerce Commission. — Complaints con-
cerning the violation of the Interstate Commerce Law are
made to this Commission, which consists of five members
appointed by the President and confirmed by the Senate.
The Commission cannot inflict penalties upon persons who
are found by their investigations to have violated the law ;
this can be done only after the offender has been tried and
found guilty in a court. Consequently, although some
abuses have been corrected, the railroads still engage in
other practices that are prohibited, and additional power
must be given to the Interstate Commerce Commission
before it can prevent the violation of the law.
The Control of Trusts. — Among the abuses arising in
connection with interstate commerce are those which re-
sult when persons enter into agreements or combinations to
prevent free competition ; for under these circumstances
prices are raised, or certain persons are favored in trade.
In 1890, Congress passed a law prohibiting such combina-
tions " in restraint of trade or commerce among the several
States or with foreign nations." This is known as the
Sherman Anti-trust Law. Now, a trust is simply a large
corporation which has absorbed or killed off, more or less
completely, other establishments engaged in the same in-
dustry. The trust may or may not have a monopoly, that
1 The 57th Congress passed in 1905 a law providing penalties for the grant-
ing and the acceptance of " rebates."
92 THE NATIONAL GOVERNMENT.
is, complete control in that line of business ; and it may or
may not be engaged in interstate commerce. An agree-
ment among certain railroad companies to establish and
maintain freight rates was declared to be in violation of the
law of 1890. Also, a combination, or " conspiracy," among
railroad employees to stop the running of trains was de-
clared illegal. 1
The " trust problem," which is so prominent in current political dis-
cussion, is the question of preventing the evils of combination in
industry. These evils become evident when excessive prices are
charged by persons who control certain lines of business ; that is, when
free competition is prevented in the production, transportation, or sale
of commodities. If the business conducted by a trust lies entirely
within the limits of a single State's boundaries, then it must be regu-
lated by State law. How far Congress may go in its regulation of
trusts under the interstate commerce clause of the Constitution, quoted
above, is an unsettled problem. Some authorities hold that the power
of Congress is sufficient to meet all cases ; while others believe that the
Constitution must be amended before Congress can pass laws which will
prevent the evils of combination in industry. 2
III. The Money of the United States.
Our National Currency. — Another of the most important
powers of Congress is that granted in the following
clause : —
Article I, Section 8, Clause 5. To coin money, regulate
the value thereof, and of foreign coin, and fix the standard
of weights and measures.
In civilized countries it is the practice of the govern-
ment to furnish to the people a " circulating medium " for
1 Other cases are cited in " Government in State and Nation," p. 203.
2 The Commissioner of Corporations in the Department of Commerce and
Labor, which was created in 1903, has authority to investigate the manner
in which corporations conduct their interstate business.
SOME IMPORTANT POWERS OF CONGRESS. 93
use in trade and commerce. Two kinds of money are in
use in the United States : (1) coin, or specie ; and (2) paper
money. The total amount of money in circulation in the
United States on October 1, 1903, was $2,404,617,000,
or $29.75 per capita for the whole population. Of this
amount, two-thirds, roughly speaking, was paper money of
the various kinds, and one-third was metal money. 1 We
shall first consider the coins of the nation.
•
How Coins are Made. — The coinage of money takes
place at the mints, which are located at Philadelphia,
Denver, New Orleans, and San Francisco. Gold and
silver come to the mints in the form of bricks, or rough
bars, to which the term bullion is applied. Alloy must be
added to the pure metal for the purpose of rendering it of
sufficient hardness to withstand wear. In our gold and
silver coins one-tenth of the weight is an alloy composed
of copper and nickel. A quantity of the bullion of the
required purity is first melted and then cast into ingots,
or long bars. Each bar is next run between heavy rollers
until it takes the form of a thin strip. From the strip are
punched round pieces, called "blanks." of the size and
thickness of the coin that is being made. In the next
process the blank is weighed on a delicate balance ; when
found to be of the correct weight, the coin is placed in a
powerful press, and from this it comes with its edge raised
above the face and its edge milled. In a similar press the
designs are stamped upon the faces of the coin.
1 Annual Report, Secretary of the Treasury, 1903, pp. 129-132. In ad-
dition to this amount in circulation the United States Treasury contained
$316,000,000, of which S26o,000,ooo was gold.
94 THE NATIONAL GOVERNMENT.
Below is a list of the coins now being minted.
Gold Coins. 1
Double eagle Half- eagle
Eagle Quarter-eagle
Silver Coins.
Standard dollar Quarter dollar
Half dollar Dime
Minor Coins.
Five-cent (nickel) One cent (bronze)
The silver coins less in value than one dollar are called subsidiary
coins.
The Ratio of Gold and Silver Coins. — The law fixes the weight of
pure metal in a silver dollar at 371.25 grains, troy weight, and that of
the pure metal in a gold dollar at 23.22 grains. The ratio of these
weights is 15.988+ : 1, or nearly 16: 1. This indicates the origin of
the famous expression, " sixteen to one.'"
Free Coinage. — ^ free coinage is meant a policy established by law,
under which any person may bring bullion to the mint in any amount
and have it coined ; that is, the amount which the government will coin
is unlimited by law. Our country has always had the policy of free
coinage with respect to gold. This was also the policy in the coinage
of our silver dollars until 1873. At that time the coinage of the silver
dollar was discontinued until a law was passed in 1878 (the Bland Act)
renewing its coinage, but in limited quantities. The government
purchased silver bullion under this law, and under the Sherman Act
(1890), but since 1893 no silver bullion has been purchased for the
coinage of silver dollars, but the bullion already on hand has been
u.sed for this purpose.
Paper Money. — We have in the United States five
kinds of paper money in general circulation: —
Kin-Is. Amounts outstanding Oct. I, 1903.
1 . United States notes $346,000,000
2. Gold certificates 420,000,000
3. Silver certificates 464,000,000
4. National bank notes 420,000,000
5. Treasury notes of 1890 .... 17,000,000
1 No gold one-dollar pieces have been coined since 1890.
SOME IMPORTANT POWERS OF CONGRESS. 95
The History of United States Notes. — United States
notes, or " greenbacks," as they are commonly called,
originated during the Civil War. When the government
was without specie with which to purchase supplies for
the army and pay other expenses, it issued these notes.
Each note says on its face, " The United States will pay
to bearer $ " Since no time was set for the fulfillment
of this promise, and since there was neither gold nor
silver in the treasury with which to redeem the notes,
people would naturally hesitate to accept them in payment
for goods or salaries. Consequently, Congress made the
notes " legal tender " ; l that is, the law compelled cred-
itors to receive this kind of money in payment for debts.
The notes passed into circulation, therefore, because
people were forced to take them ; but their value de-
preciated greatly during the war. In 1879 the govern-
ment began the redemption of the notes in specie, and
since that time they have been worth their face value.
Gold and Silver Certificates. — ■ It is much more con-
venient to handle paper money' than coins. Consequently,
provision is made for the gold certificates and silver cer-
tificates which represent, respectively, gold coins and silver
dollars stored in the United States treasury and ready for
exchange for the certificates at any time.
National Bank Notes. — The fourth kind of paper money
is issued by national banks. These are organized under
United States law and subject to control by an officer of
1 Our full legal tender coins at present are the gold coins, silver dollars,
United States notes and treasury notes of 1S90. Subsidiary silver coins are
legal tender in amounts not greater than $10.00, and the minor coins are legal
tender to the amount of twentv-five cents.
96 THE NATIONAL GOVERNMENT.
the Treasury Department. Like banks that are organized
under State law, national banks conduct the ordinary-
banking operations. This part of their business is subject
to failure, and the depositors are liable to loss, as in the
case of other banks. But the holder of a National bank
note may always be sure of the fulfillment of the promise
printed on its face, that "The National Bank of
will pay the bearer $ , on demand." This is because
the security for these notes consists of United States bonds.
Every National bank owns an amount of these bonds equal
to the amount of its notes in circulation ; the bonds are
deposited with the government at Washington, and if the
bank should fail, the bonds may be sold by the government
and thus specie will be secured with which to redeem the
notes.
The amount of treasury notes of 1890 is comparatively
small, and this kind of money is destined to disappear
within a few years.
SUPPLEMENTARY QUESTIONS AND REFERENCES.
1. The tariff schedule in force at the present time may be found in
newspaper almanacs. Is this tariff high, low, or moderate in
its rates ?
2. The Statistical Abstract, published by the Bureau of Statistics of
the Treasury Department, gives the list of items upon which
duties and internal revenue taxes are collected, and the amounts
yielded by each for a series of years ; the expenditures of the
government, with the chief items; a statement of the National
debt ; and statistics concerning the money of the United States.
3. Why do liquors and tobaccos bear the heaviest excise taxes?
What reasons can you give for taxing the other articles men-
tioned on p. 86 ?
4. For a statement of the principal items of the public debt in 1901.
see James and Sanford, Government in State and Nation, p. 193.
SOME IMPORTANT POWERS OF CONGRES 97
5. The evils of trusts and the remedies proposed are discussed in the
following articles: Arena, 23:40-58. 617-626; 24:569-572; 25:
264-270. Atl. Mo.. 87:736-745; 89:332-339. Cent. Mag.,
60:143-149, 152-153. Forum, 28:412-426; 30:286-293. N. Am.
Rev., 174 : 778-784. Nation, 71 : 4-5.
6. Because our coins contain one-tenth alloy, they are said to be nine-
tenths fine. Calculate from the weights of pure metal, given on
p. 94, the total weights of the gold and silver dollars.
7. For information concerning the Act of Congress fixing a " standard
of weights and measures," see Government in State and Nation,
219.
8. The depreciation of the United States notes, referred to on p 95,
is shown graphically in Government in State and Nation, 21a
iff.
CHAPTER XI.
OTHER GENERAL POWERS OF CONGRESS.
I. Power of Naturalization.
Who are Citizens. — Who are citizens of the United
States is always a question of interest. We find it clearly
answered in the first clause of the fourteenth amendment
as follows : All persons bom or naturalised in the United
States and subject to the jurisdiction thereof are citizens of
the United States and of the States wherein they reside.
Thus there are two classes of citizens: (i) those who
are citizens by birth ; (2) those who have been natural-
ized. Children born in this country, though of foreign
parentage, and residing here, may be considered American
citizens if they choose. According to an Act of Congress, ^
passed in 1882, Chinese aliens may not be naturalized;
but our Supreme Court has decided that a child born in the
United States, of Chinese parents, is a citizen, if he desires
to be. Though born in a foreign country, a child whose
father is an American citizen may claim the privilege of
American citizenship. Indians who keep their tribal
relations are not included under the provisions of this
section.
Naturalized Citizens. — The second class of citizens are
those who are naturalized. That the rules should be uni-
98
OTHER GENERAL POWERS OF CONGRESS. 99
form by which aliens become citizens, is self-evident.
After a brief discussion, the Constitutional Convention
provided in Section 8, Clause 4, that Congress shall have
the power to establish a uniform rule of naturalization, and
uniform lazvs on the subject of bankruptcies throughout the
United States.
Process of Naturalization. — (1) The foreigner desiring
to become a citizen goes before the clerk of any court of
record and declares, " upon oath," that it is his intention
to become a citizen of the United States, and to renounce
all allegiance to the government which has jurisdiction over
him. He then receives his "first papers." (2) After he
has resided in the United States for five years, providing
two years have elapsed since his "declaration of intention,"
he may secure his certificate of naturalization. He must
appear in open court and swear that he will support the
Constitution of the United States, and renounce all alle-
giance to any foreign power. Two witnesses must testify
to his term of residence, and declare that he is a man of
good moral character. His wife, and those of his children
who are under twenty-one years of age, become citizens at
the same time. In certain cases, Congress has, by a single
act, admitted large numbers of aliens to American citizen-
ship, as it did at the time of the purchase of Louisiana,
the annexation of Texas, and of Hawaii.
Bankrupt Laws. — It sometimes happens, because of general depres-
sion in trade throughout the country, on account of losses, or for other
reasons, that business men become heavily involved in debt. They are
said to be insolvent. Now it is but just that such property as they
have should be divided in some equitable way among the creditors.
A banknipt law secures such a division, and the debtor is, at the sanv>
100 THE NATIONAL GOVERNMENT.
time, freed from all legal obligation to pay the debts which cannot be
met in this way. The first law of Congress on this subject was passed
in 1S02, and repealed in 1803. Since that time there have been three
other bankrupt laws, but the total time during which they have been in
force amounts only to ")me twenty years. The last law, that of 1898,
is still in operation. 1
Some States have also passed insolvency laws. How-
ever, these must not in any way conflict with the provisions
of the national bankrupt laws.
II. The Postal System.
Organization of the Post-office Department. — We can
appreciate somewhat the advancement made in the postal
service rendered by the government when we read that an
Act of Congress in 1782 directed that mail should be carried
"at least once in each week from one office to another."
Our well-organized postal system, declared recently by the
Postmaster-General to be the "greatest business concern"
in the world, 2 has been evolved through laws made in car-
rying out the provision of the Constitution that Congress
shall have power to establish post-offices and post-roads.
As is well known, the Postmaster-General, a member of
the President's Cabinet, is at the head of this Department
of government. Among his duties, that of overseeing the
appointment of some 70,000 postmasters is by no means
the least. 3 These are the so-called fourth-class post-
1 See " Government in State and Nation," pp. 224, 225, for a further discus-
sion of bankrupt laws — especially that of 1898.
2 The total receipts of the Post-office Department for 1902 were $121,840,-
047.
8 The appointments are actually made by the Fourth Assistant Postmaster-
General.
OTHER GENERAL POWERS OF CONGRESS. ioi
masters. The other three classes, in which are included
those postmasters whose salaries are not less than $1000,
are appointed by the President, with the consent of the
Senate.
Classes of Mail. — Mail matter belongs to one of four classes. In
general, the classes and rates are as follows : First class — letters, two
cents an ounce ; second class — newspapers and periodicals, one cent
a pound; third class — books, one cent for two ounces; and fourth
class — merchandise, limited to four-pound packages, one cent an ounce.
Free Delivery. — Among the notable advances in the
mail service was the provision for the free distribution of
mail in the cities of 10,000 inhabitants, or where the annual
postal receipts are $10,000 and above.
Rural Free Delivery. — No innovation in postal methods
has been more successful than the free delivery of mails
in the country districts. The development of the system,
since its establishment in 1897, has been remarkable. 1
Among the good effects resulting from its extensive
introduction may be mentioned the following: (1) Cor-
respondence in the communities affected has increased.
(2) The circulation of the daily newspaper and of periodi-
cal literature has been greatly enlarged, and interest has
grown in public affairs. (3) Good roads have been multi-
plied, for they are made one of the conditions for the intro-
duction of the service. (4) Because the country districts
are brought into daily communication with the centres of
population, the tendency to quit the farm for the town
1 According to the report of the superintendent for the year ending June 30,
1902, 8413 routes had been established. Congress granted an additional
sum of nearly $5,000,000 to extend this service during the year 1903. Presi-
dent Roosevelt, in his annual message for 1902, pronounces the system an
unqualified success, and urges its further extension.
102 THE NATIONAL GOVERNMENT.
has been lessened and thus rural free delivery is helping,
in some degree, to solve one of the problems of our
social and industrial life.
Money Orders. — Another great convenience in this de-
partment is the " money order " office, through which
money may be transferred quickly and safely. The office
is also made a bank of deposit by many persons, who
secure money orders payable to themselves.
Postal Savings-banks. — At various times bills have been before
Congress providing for the establishment of postal savings-banks in
connection with post-offices. It is proposed that they shall receive
small amounts on deposit, paying a low rate of interest, and that the
funds secured be invested in government bonds. A strong argument
in favor of their establishment is, that they have met with much favor
in many of the European countries.
Some of the Defects in our Postal System. — (i) One of the great
abuses in the postal system arises through the delivery of second-class
matter. There can be little doubt but that private interests are often aided
by a perversion of the law defining periodical publications. That this
is an unjust drain upon the public funds is clear, when we consider that,
in a recent year, the government expended $17,277,783 more than it
received for carrying second-class mail. (2) Another serious defect
has existed, in the payment of exorbitant rates to railroad companies
for carrying the mails. (3) Some Congressmen abuse the privilege
granted them of sending government publications free. (4) The pos-
tal system has offered one of the best fields for the manipulation of
the spoilsman. Postmasters have been usually appointed on the recom-
mendation of representatives, and, too frequently, the one essential
to securing an office is that the successful applicant must be influential
in politics. 1
1 " The policy now is to consider all fourth-class postmasters as appointed
for an indefinite period, and subject to removal for cause only." — Report of
Civil Service Commission, 1901-1902, p. 20.
OTHER GENERAL POWERS OF CONGRESS. 103
III. Copyrights and Patents.
Copyrights and Patents. — Section 8, Clause 8. To pro-
mote the progress of science and useful arts, by securing, for
limited times, to authors and inventors, the exclusive right
to their respective writings and discoveries.
The development of American literature has been
greatly aided through the operation of laws based on this
clause. Copyrights are secured from the Librarian of Con-
gress. Any person obtaining a copyright has the sole
right to print, copy, or sell the book, chart, engraving,
music, etc., for a period of twenty-eight years. A copy-
right may be renewed for fourteen years longer. It may
be sold or transferred, providing a record of the transfer
be made in the office of the Librarian of Congress, within
sixty days.
Patents. — Americans have been rightly named the
great inventors of the world. Not a little of our marvel-
ous industrial progress has been due to this inventive
ability. The government has contributed to the same
end, through the enactment of laws protecting those in-
ventors who secure patents. A person desiring a patent
must declare upon oath, in his petition addressed to the
Commissioner of Patents, that he believes himself to be
the first inventor of the article for which he solicits a
patent. The sum of fifteen dollars is charged for filing
the application, and twenty dollars for issuing the patent.
A patent is granted for seventeen years, but may be ex-
tended for seven years more. During this period, the
104 THE NATIONAL GOVERNMENT.
patentee has the exclusive right to manufacture, sell, of
transfer his invention. 1
IV. Military Powers of Congress.
Section 8, Clauses n, 12, 13, 14. To declare war, grant
letters of marque and reprisal, a?id make rules co?icerning
captures on land and water.
To raise and support armies, but no appropriation of
money to that use shall be for a longer term than two years.
To provide and maintain a navy.
To make rules for the government and regulation of the
land and naval forces.
The Army. — Americans are always impressed by the
military spirit so prevalent in European nations. Com-
pared with the standing army of Germany, which has
some 700,000 men, and with that of Russia, containing
1,000,000 men, or with that of most European nations,
our army is insignificant in size. According to a law
of 1 90 1, the army of the United States cannot contain
more than 102,258 men. 2
Fortunately, there has always existed in the United
States the desire to keep the standing army from becom-
ing unduly large. The Constitution itself indicates that
appropriations for the army shall not be for a longer
time than two years. At the end of this period, the
1 The total number of amplications filed for patents, in 1902, was 50,000.
This was the largest number ever applied for in a single year.
2 The annual report of the Secretary of War, for 1902, shows that the num-
ber of enlisted troops in our army numbered 59,866, which is the minimum
number provided for by the act mentioned.
OTHER GENERAL POWERS OF CONGRESS. 105
people may check the growth of the army through the
election of representatives opposed thereto.
Officers and Classification of the Army. — The President is, ex-
officio, commander-in-chief of the army and navy of the United States.
The office of general was created, by Congress, .March 3, 1799, but was
not filled. It was revived in 1866 for General Grant, General Sherman
succeeding to the title in 1869. The same rank was bestowed on
General Sheridan in 188S. The lieutenant-general is next in rank
to the general. The army is distributed geographically as follows :
Division of the Philippines and the Departments of California, of the
Colorado, of the Columbia, of Dakota, of the East, of the Lakes, of the
Missouri, and of Texas. The Division is in charge of a major-general,
and the Departments are each in charge of a major-general or of a
brigadier-general. The commands which correspond to each grade
are : major-general, four regiments ; brigadier-general, two regiments ;
colonel, one regiment; lieutenant-colonel or major, a battalion or
squadron ; captain, a company. As now organized, infantry regiments
consist of 12 companies, of 65 men each. Cavalry regiments contain
1 2 troops, each having 65 enlisted men.
The Navy. — We are told by competent authorities that
one of our best means of preserving peace with foreign
powers is to maintain a strong navy. This has become
much more necessary since the United States has begun
to acquire insular possessions. Although the construction
of the modern American navy was not begun until 1883,
since that time progress has been so marked that it is now
estimated our navy ranks fourth among the navies of the
world. The order is Great Britain, France, Russia, the
United States. In the year 1899 Congress appropriated
$36,000,000 for the construction of twelve new ships of
war. 1
1 According to the report of the Secretary of the Navy, for 1902, the fight-
ing strength of the American navy, counting ships launched, under construction,
I06 THE NATIONAL GOVERNMENT.
Names of Vessels. — A ship of the first class is given the name of a
State ; one of the second class that of a principal city or river, and the
names for ships of the third class are selected by the President. The
navy now contains 312 vessels.
Officers in the Navy. — The titles admiral and vice-admiral, corre-
sponding to the grades of general and lieutenant-general in the army,
were created by act of Congress to be bestowed on the following men
as recognition for distinguished services during the Civil War : Admirals
Farragut and Porter ; and Vice- Admirals Farragut, Porter and Rowan.
Admiral Dewey was granted his title by a special Act of Congress after
the battle of Manila. The officers of the navy ranking with major-
generals, brigadier-generals, colonels, and so on, in the army, are rear-
admirals, commodores, captains, commanders, lieutenant-commanders,
lieutenants, masters, ensigns.
The Militia. — With but little opposition in the Constitu-
tional Convention, Congress was given the power to make
provision for citizen-soldiers as follows : —
Section 8, Clause 15. To provide for calling forth the
militia to execute the laws of the Union, suppress insurrec-
tions and repel invasions.
Clause 16. To provide for organizing, arming and dis-
ciplining the militia, and for governing such part of them as
may be employed in the service of the United States, reserv-
ing to the States respectively the appointment of the officers,
and the authority of training the militia according to the
discipline prescribed by Congress.
Number of the Militia. — All able-bodied male citizens
of the United States and males between eighteen and
forty-five years of age who have declared their intention to
become citizens are regarded as the militia force of the
country. As a matter of fact, there are at present only
and authorized by acts of Congress, has increased to four times what it was at
the beginning of the war with Spain.
OTHER GENERAL POWERS OF CONGRESS. 107
about 100,000 men enrolled in this service. But in the
case of an emergency the President may compel the gov-
ernors of the various States to furnish the troops needed.
The militia may thus be called into service, under their
own State officers, for a period of nine months. The War
of 18 1 2 and the Civil War furnish the best illustrations of
the enforcement of this provision.
Volunteers of 1898. — We should note here the manner in which
men were secured for the war against Spain. We see, according to
Clause 15, that the militia may be called out only for the purposes of
executing the laws of the Union, suppressing insurrections, and repelling
invasions. Now, in the case given, the war was to be conducted in
foreign territory, and President McKinley called for 200,000 volunteers.
It was understood, however, that preference would be given to those
volunteers who were already members of the organized militia.
V. Location of the Capital.
Section 8, Clause 1 7. Congress shall have the power to
exercise exclusive legislation in all cases whatsoever over
such district {not exceeding ten miles square) as may, by ces-
sion of particular States and the acceptance of Congress,
become the seat of the government of the United States, and
to exercise like authority over all places purcliased by the
consent of the legislature of the State in which the same
shall be, for the erection of forts, magazines, arsenals, dock-
yards, and other needful buildings.
One of the most interesting contests in American history
arose in the selection of a site for the capital city. Con-
gress finally accepted, for this purpose, one hundred square
miles of land on the Potomac River, which was ceded by
Maryland and Virginia. The thirty square miles given
IOS THE NATIONAL GOVERNMENT.
by Virginia were afterward returned to that State. The
capital was to be in New York until 1790, then in Phila-
delphia until 1800. In 1800 it was transferred to the new
district, called the District of Columbia. 1
VI. Implied Powers.
Strict and Loose Construction. — Our national develop-
ment has been, in large measure, dependent on the inter-
pretation of the next clause of the Constitution. It is often
called the elastic clause.
Section 8, Clause 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 tJicrcof.
Briefly stated, the problem has always been, Has Com
gress the right to exercise powers not definitely granted by
the Constitution ? Alexander Hamilton first set forth the
doctrine of implied powers. He urged that Congress
might, in carrying out specific powers, use methods not
expressly provided for in the Constitution, as in the creation
of a bank or a mint. Since the time of this interpretation,
which, fortunately for American interests, was sanctioned
by Washington and later by the Supreme Court through
its great Chief Justice John Marshall, the advocates of the
doctrines of strict and loose construction have contended
for their principles. Does the Constitution permit the ac-
quisition of territory ? May Congress establish a protec-
tive tariff, or a system of internal improvements? We
1 For the government of this district, see " Government in State and Nation,"
P- 239-
OTHER GENERAL POWERS OF CONGRESS. 109
have here but three of the great questions which have led
to a definition of these opposing views. Speaking in
general terms, the party in power has favored loose con-
struction, while the party out of power has advocated
strict construction. Said Mr. Bryce, " The Americans
have more than once bent their Constitution in order that
they might not be forced to break it." *
SUPPLEMENTARY QUESTIONS AND REFERENCES.
1. What are star routes? James and Sanford, Government in State
and Nation, 229.
2. Should postal savings-banks be established? N. Am. Rev., 172:
551-554-
3. Should there be a system of postal telegraphy? Cent. Mag.,
59 : 952-956; N. Am. Rev., 172 : 554-556.
4. Extent and advantages of Rural Free Delivery, Rev. of Rs, 27 : 55-
60.
5. Perils of the Postal Service, N. Am. Rev., 172:420-430, 551-559.
6. Defects in the Postal System, N. Am. Rev., 174 : 807-819 ; 175 : 115-
127.
7. Privateers and privateering, Government in State and Nation,
204; Walker, The Making of the Nation, 231, 232.
8. For the methods employed in the patent office and a comparison
between our system and that of European nations, see Cent.
Mag., 61 : 346-356.
9. A good account of the reorganization of the army of the United
States is given in the Atl. Mo., 89 : 437-451.
10. The Development of the United States Army, Scribner's Mag..
. 30: 286-311, 446-462. 593-6I3-
11. West Point after a Century, World's Work, August, 1902,
2433-245I-
12. A Hundred Years of West Point, Outlook, 71 : 591-601.
13. Life at West Point, Rev. of R's, 26: 45-53.
14. What was the character of our navy prior to 1883? Harrison.
This Country of Ours, 251-255.
1 Bryce, "American Commonwealth," I, 390.
110 THE NATIONAL GOVERNMENT.
15. The New American Navy, Outlook, 73: 323-337.
16. Comparison of the strength of our navy with that of other nations,
Rev. of R's, 25 : 561-570.
17. What special problem was connected with the location of the
capital? How was it finally settled? Hart, Contemporaries,
III, 269-272 ; Schouler, I, 152-156 ; McMaster, I, 555-562;
World's Work, 1 : 191-195.
18. The development of Washington during the past one hundred
years is discussed in Rev. of R's, 22 : 675-686 ; Forum, 30 : 545-
554; Outlook, 70:310, 311, 817-829; Cent. Mag., 63:621-628,
724-756 ; Cosmop., 30: 109-120.
ig. Proposed Improvements in Washington, Cent. Mag., 63:621-
628, 747-759-
20. For the influenc- of the doctrine of implied powers, see : —
(a) Internal Improvements, Hart, Contemporaries, III, 436-440;
Walker, The Making of the Nation, 204, 205, 262, 363 ;
Hart, Formation of the Union, 227-229, 353-355.
(b) The United States Bank, Hart, Contemporaries, III, 446-
450; Hart, Formation of the Union, 150-151, 226-227;
Walker, The Making of the Nation, 82-83.
(c) The annexation of territory, Hart, Contemporaries, III, 373-
376 ; Walker, The Making of the Nation, 177-184 ; Hart,
The Formation of the Union, 188.
(d) Legal tender cases, Wilson, Division and Reunion, 280-281.
CHAPTER XII.
POWERS DENIED THE UNITED STATES AND THE
SEVERAL STATES.
While restrictions on Congressional powers are found
elsewhere in the Constitution, Section 9 of Article I seems
to have been framed especially for this purpose. 1
Writ of Habeas Corpus. — Clause 2 provides : The privi-
lege of the writ of habeas corpus shall not be suspended,
unless when in cases of rebellion or invasion, the public
safety may require it.
A writ of habeas corpus is a writ granted by a court,
commanding an officer to produce before it a prisoner, in
order that the court may inquire into the cause of his
imprisonment or detention. If, after such inquiry, it is
found that the person is detained for insufficient cause, he
is granted his freedom.
President Lincoln and the Writ of Habeas Corpus. — President
Lincoln, as a military necessity, in 1861, suspended the privilege of the
writ over a limited area, constituting a large part of the State of Mary-
land. The Supreme Court, however, declared his order non-effective,
maintaining that the right of suspending the writ of habeas corpus lay
with Congress, though it might be granted to the President. This
attempt on the part of the Supreme Court to restrain Mr. Lincoln was
a failure, and shows that even the highest of our tribunals may not have
1 Clause I of this Article formed an important part of the third great com-
promise which was discussed on p. 43.
Ill
112 THE NATIONAL GOVERNMENT.
its usual power in time of war. It was not until March 3, 1863, that
Congress made the decree of President Lincoln legal by authorizing him
to suspend the writ whenever he believed the public safety demanded
it. In September of that year he declared the suspension general
throughout the country.
Ex Post Facto Laws. — Clause 3. No bill of attainder
or ex post facto laws shall be passed.
An ex post facto law, as denned by the Supreme Court,
is a " law which renders an act punishable in a manner
in which it was not punishable when it was committed."
It applies to acts of a criminal nature only. 1
Care of Public Money. — Clause 7. No money shall be
drawn from the treasury, but in consequence of appropria-
tions made by law ; and a regular statement and account of
the receipts and expenditures of all public money shall be
published from time to time.
It is proper in a government such as ours that the
control of the public money should be lodged with the
representatives of the people. Through the annual report
of the Secretary of the Treasury, the people may know
from what sources our revenues are derived and for what
purposes the money is expended.
Titles of Nobility and Gifts. — Clause 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.
According to the wording of the clause, Congress may
1 Clause 4 is discussed under National Finances, p. 87.
POWERS DENIED THE STATES. 113
allow gifts, of the kind mentioned, to be accepted by our
National officials. Usually, however, such gifts pass into
the keeping of government.
Powers denied the States. — We recall the power of the
States and weakness of the general government under the
Articles of Confederation. It was plain to the members
of the Constitutional Convention that hopeless confusion
would arise if the States should also be given the right
to coin money, pass ex post facto laws, etc. Therefore,
certain prohibitions were made on the powers of the States.
In Section 10, Clause 1, we note that these prohibitions are
absolute, as : —
No State shall cuter into any treaty, alliance or confed-
eration ; 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 facto law, or laiv impairing the obligation of con-
tracts, or grant any title of nobility }
In Section 10, Clauses 2 and 3, the prohibitions are only
conditional ; thus : —
No State shall, without the consent of the Congress, lay
any impost 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 imports 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.
1 In the celebrated Dartmouth College case, it was finally determined that a
State legislature may not modify the terms of a contract. See Life of John
Marshall, by Magruder, " American Statesmen," new ed., 18S-190.
1
114 THE NATIONAL GOVERNMENT.
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 anotJier
State or with a foreign power, or engage in war, unless
actually invaded or in such imminent danger as will not
admit of delay.
More Complete Protection of Personal Rights. — By a
careful reading of Sections 9 and 10, it is seen that some
of the rights of the individual are guarded against encroach-
ment on the part of government, either National or State.
But the people felt that there were other personal rights
which needed protection. They were familiar with the
Bills of Rights in their own State constitutions. That
the National Constitution did not also contain a Bill of
Rights was, as we have seen, one of the chief arguments
made against its adoption in the State conventions. 1
The First Ten Amendments. — A large number of prop-
ositions, therefore, were submitted to the first Congress
by the States. Seventeen of these were selected by the
House of Representatives, and proposed as amendments
to the Constitution. Twelve of these were acceptable to
the Senate also, and ten were ratified by the required three-
fourths of the State Legislatures. We call them the first
ten amendments to the Constitution. If we read these
amendments, we shall find that really they are a Bill of
Rights, for the preservation or protection of rights of the
people is expressed in all. 2
1 See p. 45. 2 See Appendix A.
CHAPTER XIII.
THE EXECUTIVE DEPARTMENT.
The President and his Election. — Wc have seen that
the one great weakness of the government under the Con-
federation was that there existed no adequate executive.
After much discussion in the Convention, the fear of a
despot at the head of affairs gave place to the desire to
secure executive energy and responsibility. To-day, the
President is the most notable personage among all our
officials. Mr. Bryce calls the Presidential office the great-
est office in the world unless we except the papacy. In
the Executive Department, the President's power is prac-
tically absolute. He may appoint and remove, either
directly or indirectly, all officials of the department, and
they are finally responsible to him in the performance of
their duties. His control of international relations and
his influence on legislation are, as we shall see, extensive.
Length of Term. — Article II, Section i, Clause i. 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 : —
Method of Election. — How shall the President be
chosen ? This problem is said to have taken one-seventh
"5
Il6 THE NATIONAL GOVERNMENT.
of the entire time of the Convention. While there were
those who believed that election by the people would be
wise, still this sentiment was not general. It was thought
that a choice in this way would cause great " tumult and
disorder." Besides, it was urged that the people would
not be sufficiently acquainted with the men who have the
necessary qualifications for such high office. For a special
investigation of this sort, they agreed that it would be best
to select a small number of persons who would be most
likely to possess the required information and discernment.
The appointment of these independent electors was pro-
vided for as follows : —
Appointment of Electors. — Section i, Clause 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 wJiieli 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.
Article II, Section 1, Clause 3. 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.
At present, the appointment of electors is a necessary
but a comparatively unimportant step in the election of a
President.
The real power exists in the National conventions of the
great political parties. Instead of exercising the right of
free choice, as they were originally expected to do, the
electors are really bound to vote for candidates nominated
THE EXECUTIVE DEPARTMENT. 117
in these conventions. Let us consider, then, some of
the chief points in the history and practical working of
National conventions.
Early Methods of Nominating. — Like the development of other
political usages, the method of nominating a President passed through
several stages before the present plan of nominating conventions was
reached. No nominations were made in the first two Presidential elec-
tions. In 1796. Washington having refused to be a candidate for a
third term, party managers in Congress agreed informally on Adams
and Jefferson as the candidates of the Federalist and the Republican
parties respectively. A caucus of Federalist Congressmen, in 1800,
nominated Adams and Pinckney, and a ca cus of Republican Congress-
men nominated Jefferson and Burr, for the offices of President and
Vice-President. The Republican members of Congress continued to
hold a regular caucus and thus to direct the votes of the party electors
until 1824. In that year William H. Crawford, the last Congressional
nominee, was defeated. There was opposition to the Congressional
caucus from the beginning, for such a method was regarded as undemo-
cratic. In 1824 and 1828 the several State Legislatures put forward
their favorites for the office of President.
Development of National Conventions. — As early as 1812, De Witt
Clinton was nominated as the candidate of the Federalists in a conven-
tion held in New York City, made up of seventy delegates, who repre-
sented eleven States. But the National nominating convention, as we
know it, was used for the first time by the Anti-Masonic party, which
selected William Wirt for its candidate in 1S31. This method was
followed in the same year by the National Republican party, which
nominated Henry Clay. The National convention of the Democratic
party in 1S32 nominated Andrew Jackson, who had already been nomi-
nated by many local conventions and State Legislatures. Many years
elapsed before the present complex organization was reached, but since
1836, with thes'ngle exception of the Whig party in that year, parties
have regarded the National convention as an essential factor in electing
President and Vice-President.
Election of Delegates to the National Conventions. — The
National conventions of the Republican and the Demo-
Il8 THE NATIONAL GOVERNMENT.
cratic parties are made up of twice as many delegates from
the different States as these States have representatives
and senators in Congress. Delegates are chosen by con-
ventions in the various States in April or May of the Presi-
dential election year. According to the usual method, two
delegates are selected for each of the Congressional dis-
tricts by the district conventions of each party, and four
delegates at large are chosen by the State conventions.
In some States, all the delegates of a party are selected in
the State convention. The Republican National conven-
tion also admits to full membership two delegates from
each Territory and one from the District of Columbia.
The National convention is held in some leading city
during the month of June or July of the year in which a
President is to be elected. A few days before the time
set for the convention, the delegates, together with many
thousands of politicians and sight-seers, flock to that city.
Headquarters are established and delegates are inter-
viewed on behalf of the different candidates. On the day
appointed, the convention is called to order by the chair-
man of the National committee, under whose auspices the
convention is to be held. A temporary chairman is elected,
and clerks and secretaries are appointed. Committees are
also appointed, the most important being those on creden-
tials and on resolutions. Each State delegation selects one
of its members for each of the committees. In the next
session, a permanent chairman is usually selected, and the
committee on resolutions presents its report, which sets
forth the platform embodying party doctrines and prin-
ciples. Nominations are then in order. The roll of
States is called, and the various delegations place before
THE EXECUTIVE DEPARTMENT. 119
the convention the favorite of their State. A State often
waives its privilege in behalf of some other State which
has a candidate to present. Again the clerk calls the roll
of the States, and each chairman of a delegation announces
the votes from his State. In the Republican convention,
a majority of the number of delegates voting is sufficient
to nominate ; but no nomination is possible in the Demo-
cratic convention except by a vote of two-thirds of the
delegates. Then follows the selection of a candidate for
Vice-President. In this choice, the attempt is made to
secure some man who will add strength to the party, and
who comes from a different section of the country from
that represented by the candidate for the Presidency. He
may, as in the cases of Tyler and Johnson, represent a
faction of the party that is not in entire agreement with
the majority.
The National Committee. — A National committee is also appointed,
made up of one member from each State, who is nominated by the
State delegation. The wishes of the Presidential candidate are of in-
fluence in the choice of the chairman, who need not be a member of the
convention. The committee occupies a position of great importance,
for by it the platform of the party is largely determined. We have
here a body of men not mentioned by the Constitution, but exerting
vastly greater influence upon the election of President than does the
electoral college itself. It organizes the campaign, secures money,
selects speakers, and sends out party literature. The committee looks
after the interests of the party during the ensuing four years and issues
the call for the next National convention.
Election of Electors. — We are now ready to consider
the place of the electors in the choice of a President. The
nominations of candidates for the office of elector are
usually made at the State conventions of the different par-
120 THE NATIONAL GOVERNMENT.
ties when State tickets are nominated. These occur, ordi.
narily, in August or September preceding the November
election. Each political party nominates as many electors
as the State has senators and representatives in Congress.
The names of the electors are then placed on the general
party ticket, on which appear also the names of the candi-
dates for President and Vice-President ; each person then
votes for the entire number of electors to which his State
is entitled, and will naturally vote for all the electors on
his party ticket. The political party, therefore, which
receives the majority of votes in a State secures all the
electoral votes of that State. 1
Vacancies in the Offices of Electors. — Congress enacted in 1845 tna t
each State might provide, by law, for the filling of vacancies in the
electoral college, and that if any State failed to choose electors on the
regular day, that they might be appointed on a later day in such manner
as the State might, by law, direct. Nearly all of the State legislatures
have conferred on the college itself the power of filling vacancies.
Function of Electors. — The steps prescribed by the
Constitution must still be followed, although we know,
long before the electors cast their votes, who the next
President will be. The actual function of the electors is
given in Amendment XII, as follows : —
The electors shall meet in their respective States and vote
by ballot for President and Vice-President, one of zvhom, at
1 It has sometimes happened, however, when the election in a State has
been close, that one or more of the electors on a minority ticket have run
ahead of the other candidates on that ticket, and have secured a larger num-
ber of votes than candidates on the majority ticket, thus obtaining an election.
California, in 1892, gave one electoral vote to Mr. Harrison and eight to
Mr. Cleveland, and again, in 1896, gave eight votes to Mr. McKinley and one
to Mr. Bryan. Kentucky, in 1896, cast twelve votes for Mr. McKinley and
one for Mr. Bryan.
THE EXECUTIVE DEPARTMENT. 12 1
least, shall not be an inhabitant of the same State with
themselves ; tkey 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, wliich
lists they shall sign, and certify, and transmit, 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 Represen-
tatives, open all the certificates, and the 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
710 person have such majority, then, from the persons having
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 repre-
sentation 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 the States shall be
necessary to a choice. And if the House of Represeuta.'
shall not choose a President, whenever the right to choose
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. — The person having the greatest number of
votes as Vice-President shall be the Vice-President, if such
number be a majority of the whole number of FJectors ap-
pointed ; and if no person have a majority, then, from the
122 THE NATIONAL GOVERNMENT.
tivo higlicst 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 necessary to a choice. But no
person constitutionally ineligible to the office of President
shall be eligible to that of Vice-President of the United
States.
Voting of the Electors. —The formal election of Presi-
dent takes place on the second Monday in January, when
the electors meet at their various State capitals and cast
their votes. Separate ballots are given for Vice-President.
Three separate sealed lists of the results are then prepared.
Two of these are sent to the President of the Senate, one by
mail and the other by special messenger. The third is de-
posited with the United States District Judge of the district
in which the electors meet. On the second Wednesday in
February the votes are opened by the President of the
Senate, in the presence of the Senate and the House of
Representatives, and counted. That person having a ma-
jority of the electoral votes cast for President is declared
to be duly elected. The one who has a majority of the
electoral votes cast for Vice-President is also elected to
that office.
Election of President by the House of Representatives. — In case no
Presidential candidate receives a majority of the electoral votes, the
election goes to the House of Representatives, as is provided in the
amendment we are considering. Here the three candidates having
the highest number of votes are alone considered. The voting is by
States. In 1825 John Quincy Adams was elected President in this
way. He had fewer popular and fewer electoral votes than Andrew
jackson, but he received the votes of thirteen out of twenty-four States
in the House
THE EXECUTIVE DEPARTMENT. 123
Choke of Vice-President by the Senate. — The Senate is called on
to select the Vice-President in case no candidate has received a major-
ity of the electoral votes. The two candidates having the highest num-
ber of votes are considered. The only instance of the election of a
Vice-President in this way occurred in 1837.
Disputed Returns, Election of 1876. — Disputes have arisen, from
time to time, over some of the returns of the electoral votes. The most
notable contest was that over the returns from Florida, Louisiana,
South Carolina, and Oregon, in 1877. If the twenty-one electoral
votes from these States should be counted for the Republican candidates,
they would be elected. Should just one of those votes be given to the
Democratic nominees, the Republicans would lose the election. Now
the Senate at this time was Republican, and the House Democratic,
and therefore no satisfactory adjustment could be reached, because of
party prejudices. The excitement throughout the country was finally
relieved by the agreement on the part of - both houses to refer the
decision to an "Electoral Commission."
This Commission consisted of five Judges of the Supreme Court, five
Representatives, and five Senators. After examining the returns, the
commission decided, March 2, 1877, by a vote of eight to seven, that
Hayes and Wheeler, the Republican candidates, had received the
twenty-one votes in dispute, thus giving them one hundred and eighty-
five electoral votes, and that Tilden and Hendricks, the Democratic
candidates, had received one hundred and eighty-four electoral votes.
In consequence of the grave problem which arose in 1877, Congress
passed an act February 3, 1887, which provides that any contest in the
choice of electors in a State must be decided by the State authorities
under the laws of the State.
The Original Method of choosing the President. — Because Presi-
dents Washington, Adams, and Jefferson for his first term, were chosen
by the plan given in the original clause, let us notice, briefly, the method
used at that time, and especially the reasons for the change to the
present plan.
Section 1, Clause 2. The Electors shall meet in their respective States,
and vote by ballot for two persons, one of whom, at least, shall not be an
inhabitant of (lie same State with themselves. And they shall make a list
of all the persons voted for, and of t lie number of votes for each. ; ivhich
list they sign and certify, and transmit, scaled, to the seat of the ftruem*
124 THE NATIONAL GOVERNMENT.
mcnl of the United States, directed to the President of the Senate. Thi
President of the Senate shall, in the presence of the Senate and House
of Representatives, open all the certificates, and the votes shall then be
counted. The person then having the greatest number of votes shall be
President, if such number be a majority of the whole number of
Electors appointed; and if there be more than one who have such a
majority, and have an equal number of votes, then the House of Rep-
resentatives shall immediately choose, by ballot, one of them for Presi-
dent ; 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 repre-
sentation 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 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 Juzve equal voles, the Senate shall choose from
them, by ballot, the Vice-President.
According to this clause, we note that the electors voted for two
persons without stating which was to be President and which Vice-
President. In the official count, the candidate receiving the highest
number of votes, provided it was a majority of the whole number of
the electoral votes, became President, and the one receiving the next
highest became Vice-President.
Election of 1796. — In the election of 1796, John Adams, who
received the highest number, seventy-one, out of one hundred and
thirty-two electoral votes, was elected President. Thomas Jefferson,
his opponent, became Vice-President, having received sixty-eight votes,
or the next highest number. Thus there were elected a President of
one party and a Vice-President of the opposing party.
Election of 1800. —The election of 1800 also showed the plan to be
impracticable. At this time, the Democratic-Republican party was
determined to have Mr. Jefferson for President and Aaron Burr for
Vice-President. They both received seventy-three votes, a majority of
all the votes. But since the number was equal, it devolved upon the
House of Representatives to determine whether Jefferson or Burr should
be President. For seven days the house was in continuous session,
and civil war threatened. On the thirty-sixth ballot, however, Jefferson
received the votes often States out of sixteen, and was elected.
THE EXECUTIVE DEPARTMENT. 1 25
In order to prevent a recurrence of the conditions which obtained in
1796, or of the dangers incident to a contest like that of 1800, the
twelfth Amendment was proposed by Congress, and, after ratification,
was declared in force September 25, 1804. This provides, as we have
seen, that the electoral votes must be cast separately for President and
Vice-President.
The Presidential Term. — Shall the President hold office for a term
of three years, of seven years, or during good behavior ? These were
questions of great interest in the Constitutional Convention. A term of
seven years with no reelection was agreed upon, but toward the end of
the Convention the clause as given was adopted.
Reelection of a President. — The Constitution does not limit the
number of terms for which a President may be chosen, but the " third
term tradition " has now made it practically impossible for the same
man to be elected for more than two terms. This custom was inaugu-
rated by the refusal of President Washington to accept a third term.
President Jefferson was also urged to stand for a third term, but he, too,
preferred to retire to private life as Washington had done. The
adherents of General Grant strove to break down this precedent in 1880,
but their defeat seems to have established the tradition more firmly as
a rule.
A Longer Term. — It is frequently urged that the Constitution should
be amended in such a manner as to provide for a term of six
or seven years for the President, with no reelection. Among the
reasons for this change are the following: (1) a new President has
most of his time, for months, at the beginning of his term, consumed
in hearing the claims of applicants for office, and in making appoint-
ments ; (2) there is danger that he may be influenced in his official
actions through desire to secure a second term: (3) the commercial
depression that usually exists during a campaign would thus come less
frequently. These arguments may be used in opposition to such a
change: (1) in the case of an inefficient President, the short term is to
be preferred ; (2) the Presidential campaign is of value, in that the
attention of Americans generallv is for a time fixed on the problems
connected with the conduct of our government. It furnishes the op-
portunity for imparting to our citizens many lessons in their political
education.
126 THE NATIONAL GOVERNMENT.
Qualifications for President and Vice-President. — The
qualifications for President and Vice-President are natu-
rally the same, and are as follows : —
Section I, Clause 4. No person, except a natural-born citi-
zen, 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.
Vacancies. — The chief reason for creating the office of
Vice-President seems to have been to provide for the
emergency of a vacancy in the Presidency.
Section 1, Clause 5. In case of the removal of the Presi-
dent from office or of his death, resignation, or inability to
discharge the powers and duties of the said office, the same
shall devolve on the Vice-President, and the Congress may,
by lazv, provide for the case of removal, death, resignation,
or inability both of the President and Vice-President, de-
claring what officer shall then act as President, and such
officer shall act accordingly, until the disability be removed,
or a President shall be elected.
Presidential Succession. —In 1886, Congress provided
that in case of the death, resignation, or disability 1 of both
President and Vice-President, the succession should be in
the following order : Secretary of State, Secretary of the
1 What constitutes disability has not been settled. President Garfield per-
formed only the single executive act of signing an extradition paper, from
July 2 to September 19, 1881. The fact of his inability to discharge the
duties of President was not formally established. Nor was there declared
disability in the case of President McKinley, between September 6 and the
day of his death, September 14, 1901.
THE EXECUTIVE DEPARTMENT. 127
Treasury, Secretary of War, Attorney-General, Postmaster-
General, Secretary of the Navy, Secretary of the Interior.
The Secretary of Agriculture was added in 1889.
Should a cabinet officer become President, through this
succession, he would hold the office for the unexpired
term.
Salary of the President. — Section 1, Clause 6. The Presi-
dent shall, at stated times, receive for his services a compen-
sation, 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 emolu-
vicnt from the United States or any of than.
In 1873 the salary of the President was changed from
$25,000 to $50,000 a year. The custom has been estab-
lished that no President shall receive a gift from any
civil body, such as a city council, a State Legislature, or a
foreign state. In addition to his salary, the President is
provided with an "executive mansion," the "White House,"
which is furnished at the expense of the government. The
Vice-President receives $12,000 annually.
Salaries of Foreign Rulers. — The salary paid our President is
small when we compare it with the grants made to European rulers.
In 1901 the English government voted some $4,000,000 for the annual
use of the royal household. The Czar of Russia receives $6,500,000
annually, in addition to revenues derived from 1,000.000 square miles
of crown domains. The President of France receives $23 1,600 annually.
Inauguration Day. — One of the most notable of our
civic festivals occurs on the fourth of March 1 after the
1 It is frequently urged, with good reason, that this date should be changed
to a time of year when the weather in Washington would be more favorable.
An amendment, recently sanctioned by the Senate, provides that the date for
I?8 THE NATIONAL GOVERNMENT.
Presidential election. Then, thousands of people go to
Washington to witness the inaugural exercises, by which
the President and Vice-President are formally invested with
their offices. The Constitution provides that the President
shall take the following oath of office before entering on
his duties : —
Section I, Clause 7. 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.
It has been established, by custom, that the oath shall be
administered by the Chief Justice of the United States, at
the east front of the Capitol. After taking the oath, the
President gives his inaugural address, which outlines the
policy he purposes to carry out. Immediately after his
inauguration, unless it be his second term, he calls the
Senate together, and places before it his nominations for
members of the cabinet, and for such other important
offices as he may desire to make.
SUPPLEMENTARY QUESTIONS AND REFERENCES.
1. Which of the Presidents have served two terms? How was then
election for a second term to be accounted for ?
2. The method of calling national political conventions. When
held ? Questions considered. Make a study of the last con-
vention. Cosmop.. 29: 194-200: Scribner's Mag., 27 : 643-656.
3. Under what conditions was the first platform of a national conven-
tion agreed upon ? Wilson, Division and Reunion. 63.
4. For the work of the national committee, see Rev. of R's, 22;
549-556 ; 556-563.
the inauguration shall be the last Thursday of April. The chi-f objection to
this change seems to be the further extension of time between the election
and the assuming of duties.
THE EXECUTIVE DEPARTMENT. 1 29
5. The power of the chairman of the National committee is discussed
in Atl. Mo., 89: 76-81.
6. What was the probable origin of the system of electing the Presi-
dent by electors ? Harrison, This Country of Ours, 78; Fiske,
Critical Period of American History, 66, 280-289.
7. For the methods which have been used in electing a President,
see N. Am. Rev., 171 : 273-280.
8. Should the President be elected by direct popular vote ? N. Am.
Rev., 171: 273-280; 281-288; Scribner's Mag., 27: 643-656.
9. For some of the problems connected with the electoral colleges in
the history of elections, see Rev. of R's, 23 : 66-69.
10. What is the method used in counting the electoral votes? Edmund
Alton, Among the Lawmakers, 88-89.
11. Do you agree with Mr. Bryce that the tendency is to select for
President men who have not been prominent ? Bryce, Ameri-
can Commonwealth, I, chap. 8.
12. Was the present President notable before his election ? In what
ways ?
13. What were the chief causes for the success of his party ?
14. How many electoral votes were required for election ? He received
how many ? Did he receive a majority of the popular votes ?
Election of 1900. Rev of R's. 22 : 673-674 ; 655-658.
15. How many electors were there from your State ? For whom did
they vote ? How is this majority in your State to be accounted
for ? Rev. of R's. 22 : 673-674. 655-658. 664.
16. Would successful governors make good candidates for President?
In what particulars do the offices resemble each other ? Would
you favor making the governor of your State President ? Wil-
son. Congressional Government, 253. 254.
17. Why was the election of John Quincy Adams of especial interest ?
What results followed ? Burgess. The Middle Period. 140-
141 ; Wilson. Division and Reunion. 18.
18. State the chief points connected with the il disputed election " of
1876. Wilson. Division and Reunion, 283-286; Johnston, Ameri-
can Politics, 233-237 : Cent. Mag.. 62 : 923-934.
ig. Give the names of the Presidents who have died in office. B>
whom were they succeeded ?
20. What was the order of succession to the Presidency before 1886 ?
K
130 THE NATIONAL GOVERNMENT.
Why was the change made? James and Sanford, Government
in State and Nation, 266.
21. What is a "minority" President? Government in State and
Nation, 264.
22. An interesting account of the White House, Outlook, 70: 287-
299.
23. Inauguration events of 1901, Rev. of R's, 23 : 405, 406 ; Out-
look, 67: 555, 556.
24. Incidents of Presidential inaugurations. World's Work, 1 : 477-
479-
25. For other questions and references on the chapter, see Govern-
ment in State and Nation, 255-257, 269, 270.
CHAPTER XIV.
POWERS AND DUTIES OF THE PRESIDENT.
Military Powers of the President. — An eminent histo-
rian, 1 writing recently of the power exercised by President
Lincoln in time of war, said, " It is an interesting fact,
that the ruler of a republic which sprang from a resistance
to the English king and Parliament should exercise more
arbitrary power than any Englishman since Oliver Crom-
well, and that many of his acts should be worthy of a
Tudor."
President Lincoln, it is true, exercised powers which,
if attempted by a weaker man, or at another time, might
have proved dangerous to the liberties of the people. 2 This
he did through his interpretation of Clause I, Section 2.
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 ; lie 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 par-
dons for offences against the United States, except in cases
of impeachment.
1 James Ford Rhodes, Scribtter's Magazine, February, 1903.
- F< ir the suspension of the privilege of the writ of habeas corpus, see p. III.
131
132 THE NATIONAL GOVERNMENT.
Reprieves and Pardons. — The ordinary powers of the
President are also important. 1 One of the greatest is the
power to grant reprieves and pardons. A reprieve is the
temporary suspension of the execution of a sentence. By
means of a reprieve, the President may gain time to look
into the evidence more carefully. Complete release
from a sentence is secured by a pardon. 2
Treaty-making Power. — Section 2, Clause 2. He shall
have power, by and zuith the advice and consent of the
Senate, to make treaties, provided two-tJiirds of the senators
present concur.
While the power to conclude treaties seems to be without
restriction, it is implied that no treaty shall in any way
interfere with the authority of the Constitution. The
usual steps in the negotiation of treaties are as follows :
(1) In time of peace they are conducted at the capital
of the nation that begins the negotiation. If this is in
Washington, the terms are considered by the Secretary of
State and the minister of the other nation ; if in a foreign
capital, our minister acts under instructions sent him by
the Secretary of State. At times, one or more special
ministers are sent abroad for the purpose of negotiating a
treaty. (2) In time of war, the minister of the nation with
which we are at war leaves the United States. The
interests of his nation are then intrusted to the minister of
some neutral power, and through this minister negotiations
1 For the power of the President over legislation by means of the veto,
see pp. 80-81.
2 President Harrison was called upon to consider 779 requests for pardon.
Of these, 527 were granted, wholly or partially. President Cleveland acted
on 907 such cases, and granted 506, in whole or in part.
fOVVERS AND DUTIES OF THE PRESIDENT. 133
for peace are usually begun. (3) The treaty of peace at
the close of a war is generally negotiated in some neutral
country by special commissioners appointed by the nations
at war.
In all cases, the President exercises general control
over the negotiation and framing of treaties. After an
agreement has been reached, the treaty is sent to the
Senate. It is discussed in executive or secret session.
This means that the treaty and all matters pertaining to it
are kept secret until, by a resolution, the Senate allows the
discussion to be made public. The Senate may approve, re-
ject, or modify the terms. If amendments are made, they
must be agreed to by the President and by the other nation
interested. When a treaty has been finally approved by the
officials of both countries, duplicate copies of it are made
on parchment. Both of these copies are signed by the
chief officers of each country, and the copies are then
exchanged. This is called the " exchange of ratification."
An official copy of the treaty is thus secured by each
nation. The President then publishes the treaty accom-
panied by a proclamation, in which it is declared to be a
part of the law of the land.
If the terms of a treaty call for the payment of money by the
United States, the necessary amount can be appropriated only by an
Act of Congress. The House of Representatives may refuse to give its
sanction to such an appropriation, and may thus prevent the treaty
going into effect.
Power of Appointment. — When it is considered that the
President has the nominal power of appointing over 200,000
persons to office, we can readily see that this comprises
one of his chief powers. His right to select office-holders
134 THE NATIONAL GOVERNMENT.
is granted in Section 2, Clause 2. He shall nominate^
and by and with the advice and consent of the Senate,
shall appoint Ambassadors, other public ministers and
Consuls, Judges of the Supreme Court, and all other officers
of the United States, whose appointments 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 tlie heads of departments.
Vacancies. — Section 2, Clause 3. The President shall
have power to fill up all vacancies that may happen
during the recess of the Senate, by granting commissions
which shall expire at the end of their next session.
Presidential Appointments. — It would be quite impos-
sible for the President, personally, to oversee all of these
appointments, and so a large percentage of them is made
by officials in the different departments. There are,
besides the ambassadors, consuls, and judges of the
Supreme Court, some 7000 so-called Presidential officers,
whose appointments must receive the sanction of the
Senate. More than one-half of these are postmasters of
the first class. 1 Among the most important of these
officers are the Cabinet, interstate commerce commis-
sioners, district attorneys, and all military and naval
officers whose appointment is not otherwise ordered by
law.
Official Patronage. — In making his appointments, the President is
largely dependent upon the advice of the head of that department un-
der whose direction the officer will come, or upon the recommendation
of the representatives and senators of his party from the State in which
1 Those who receive an annual salary of $1000 and above.
POWERS AND DUTIES OF THE PRESIDENT. 135
the office is located. This official patronage, through which political
assistants in a State may be rewarded with a Federal office, has become
so burdensome that many Congressmen complain of it and desire to be
freed from its exactions.
Senatorial Courtesy. — There has grown up an almost invariable
custom, known as senatorial courtesy. This demands that if the office
to be filled Ls located in a State, the appointment be not confirmed un-
less it receives the sanction of one or both of the senators of the State
erned, provided they are members of the same political party as
the President.
Action of the Senate on Nominations. — All of the nominations sent
by the President to the Senate are submitted to appropriate commit-
tees, as, postmasters to the Post Office Committee, ambassadors to the
Committee on Foreign Affairs. The report of the committee is con-
sidered in secret session, and the nomination is then voted on. If the
vote is adverse, the President must make another nomination.
The Spoils System. — During the first forty years of our
government there were only seventy-four removals from
office. The opinion was general that there were a large
number of strictly non-political offices in the departments
and elsewhere, the holders of which should be regarded as
agents or clerks whose duty it was to assist in carrying
on the business of government. Therefore the best results
could be secured, it was believed, only as these positions
should be filled by persons the most competent, who might
hope to retain the office so long as they gave efficient ser-
vice. But with the coming in of President Jackson the
"spoils system" was introduced. This system, in prac-
tice, provides that political workers belonging to a victorious
party may, as far as possible, receive reward for their ser-
vices in the shape of some office. " To the victors belong
the spoils of the enemy " is the familiar motto of those
who have advocated this system. During the first year of
136 THE NATIONAL GOVERNMENT.
President Jackson's administration 2000 officials were de-
prived of their offices, and friends of the administration
were put in their positions. From that time there has
been great pressure on every new President similarly to
reward his followers.
Civil Service Reform. — While the evils had been pointed
out at various times, little was done to remedy the spoils
system until Congress, in 1883, passed the Civil Service
Law, known as the Pendleton Bill. It provides for a Civil
Service Commission of three members, not more than two
of whom may belong to the same political party. This
commission gives competitive examinations, which are re-
quired for testing the fitness of applicants for certain posi-
tions in the public service. The number of offices originally
included under the act was about 14,000. The President
is given the power to direct the further extension of the
" classified service," that is, those positions that are to be
filled by persons who have passed the best examinations.
In 1902 there were over 120,000 classified offices. 1 While
much has been accomplished, during the past twenty years,
toward reforming civil service appointments, it is to be
hoped that a large number of the unclassified offices
will, at an early date, be placed on the list to be filled
only after examination. 2 The National government may
1 Nineteenth Report of the United States Civil Service Commission, 1901-
1902, p. 22.
2 In 1902 there were 116,000 offices unclassified or excepted, some 72,000
of which were fourth-class post offices. During the year 1901-1902, the
civil service rules providing for competitive examinations were extended by
order of the President or by Act of Congress so as to include the rural free
delivery service, employees of the permanent census bureau, and additional
employees made necessary because of the war with Spain.
POWERS AND DUTIES OF THE PRESIDENT. I 37
thus further assist in the movement for like reforms already
so well begun in some of our States and cities.
Duties of the President. — Section 3. 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 tJiem, with
respect to the time of adjournment, he may adjourn them to
such time as he shall think proper ; he shall receive Ambas-
sadors and other public ministers; he shall take care that
the laws be faithfully executed, and shall commission all
the officers of the United States.
Presidential Messages. — By means of the annual mes-
sage sent to Congress at the opening of the session, and
special messages on particular occasions, the President is
enabled to call attention to the legislative needs of the
country. The plan of having a message read in each
House by the clerk or secretary was introduced by Presi-
dent Jefferson. Presidents Washington and Adams ad-
dressed, in person, Congress assembled in joint session.
Various reasons have been alleged for this change. Presi-
dent Jefferson was a poor speaker, and it is said that he
regarded the formal address as monarchical.
'&*•
Enforcement of the Laws. — The most important duty
of the President is to see that all laws passed by Congress
are faithfully executed. Laws are useless unless they are
enforced, and it is chiefly for the performance of this task
that the Executive was originally created. It is not con-
138 THE NATIONAL GOVERNMENT.
templated that this duty shall be performed by him in
person, but through officials who are directly responsible
to him. The United States marshals and their deputies
exercise a wide influence in seeing that the laws are en-
forced. They usually act under an order from a United
States court, but may, at times, act without such a writ.
If necessary, the President may send the army and navy
of the United States or call out the militia of the States to
overcome any resistance to federal law.
Each State possesses the power of enforcing its own laws and is of
right protected in the exercise of this prerogative. In case of an insur-
rection, however, the State militia is sent by order of the Governor to
suppress it. Should they fail to restore order, the Legislature, or the
executive (when the Legislature cannot be convened), applies to the
President for military aid. 1 If the uprising has interfered in any way
with the carrying out of the laws of the nation, the President may, at
his discretion, send troops to suppress it without having been asked to
do so by the Legislature or the Governor. There was a notable illus-
tration of this point during the time of the Chicago riots, in July, 1894.
President Cleveland vs. The Governor of Illinois. — In addition to
destroying property belonging to the railways centering in Chicago, the
striking employees prevented the free movement of the trains. Mr.
Altgeld, then Governor of Illinois, did not provide against these abuses,
and President Cleveland ordered the United States troops under General
Miles to suppress the rioting. The President, who was severely criti-
cised by Mr. Altgeld, justified his sending the troops on the following
grounds: (1) that the processes of the federal courts could not be
executed ; (2) that the transportation of the United States mails was
obstructed ; and (3) that the laws on interstate commerce were not
enforced.
The United States Supreme Court took the same position as Presi-
1 Article IV, Section 4. 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 the executive (when
the legislature cannot be convened'), against domestic violence.
POWERS AND DUTIES OF THE PRESIDENT. 139
dent Cleveland in a case which grew out of these riots. Mr. Justice
Brewer, in delivering the opinion of the court, said : "We hold that the
government of the United States is one having jurisdiction over every
foot of soil within its territory and acting directly upon each citizen;
that while it is a government of enumerated powers, it has within the
limits of those powers all the attributes of sovereignty ; that to it is com-
mitted power over interstate commerce and the transmission of the
mai!s, and that these powers have been assumed and put into practical
exercise by the legislation of Congress."
SUPPLEMENTARY QUESTIONS AND REFERENCES.
1. What have been some of the most important treaties entered into
on the part of the United States?
2. For the treaty made at the close of the Spanish-American War,
see Rev. of R's, 18: 258, 371, 515, 631; 19 : n. 261, 262, 266, 267.
3. In what ways may a treaty be abrogated ? Harrison, This Country
of Ours, 140, 141.
4. May a President have many of the privileges of private life ?
Harrison. This Country of Ours, 177-180.
5. What are some of the official cares of the President? Harrison,
This Country of Ours, 162-177.
6. The Overworked President. McClure's Mag., 28:483-492; Rev. of
R's. 25 : 464-466.
7. Secure a copy of the last report of the Civil Service Commission,
and also Manual of Examinations for the Classified Service of
the United States, and look up the following: —
a. How many persons are included in the civil service of the
United States?
b. What proportion of them is included in the classified
service ?
c. Does the law of 1883 seem to have brought about satis-
factory results ?
d. What offices have been included in the extensions of the
Civil Service Law ?
e. What is the nature of the questions asked in the exami-
nations ?
8. The Fifteenth Annual Report of the Commission (pp. 443-485)
contains an account of the appointments and removals by
140 THE NATIONAL GOVERNMENT.
the various Presidents from 1789 to 1883. Also an account
of the growth of civil service reform in the States and cities
of the United States, pp. 489-502.
9. May a man be fitted for political preferment and not be competent
to pass an adequate examination ?
10. For other articles on civil service reform, see (a) The Civil Ser-
vice and the Merit System, Forum, 27:705-712. (b) Some
Popular Objections to Civil Service Reform, Atl. Mo., 65 : 433-
444; 671-678. (V) Roosevelt, An Object Lesson in Civil Ser-
vice Reform, Atl. Mo., 67: 252-257. (J) George William Curtis
and Civil Service Reform, Atl. Mo., 75 : 15-24. (e) Rice, Im-
provement of the Civil Service, N. Am. Rev., 161:601-611.
(/) Roosevelt, Present Status of Civil Service Reform, Atl.
Mo., 75:239-246. (g) Roosevelt, Six Years of Civil Service
Reform, Scribner's Mag., 18:238-247. (/t) The purpose of
Civil Service Reform, Forum, 30 : 608-619.
11. What was the Tenure of Office Act of 1867? Why did it become
of great importance? Is it still in force? Wilson, Division
and Reunion, 267, 270-271, 297; Harrison, This Country of
Ours, 101-103.
it. What were the chief points discussed in the President's last
annual message ?
CHAPTER XV.
THE CABINET.
Formation of Departments. — The Constitution nowhere
mentions the President's Cabinet. It was taken for
granted, however, that departments similar to those found
in the Cabinet would be formed. The Constitution declares
that the President " may require the opinions in writing of
the heads of the executive departments," and again, that
" Congress may vest the appointment of certain inferior
officers in the heads of these departments."
In 1789 the first Congress created the Departments of
State, War, and Treasury, also the office of Attorney-
General. President Washington's Cabinet consisted of
the officials whom he appointed to fill these four positions.
The Navy Department was added in 1798. While a Post-
Office Department was established in 1 794, the Postmaster-
General was not made a member of the Cabinet until 1829.
In 1849, the Interior Department was created by grouping
under it certain duties which had belonged to other de-
partments. The Department of Agriculture was made a
Cabinet position in 1889. In 1903 the Department of
Commerce and Labor was authorized by an act of Con-
gress. Members of the Cabinet receive an annual salary
of $12,000.
The President and his Cabinet. — One of the first official
acts of a President is to send to the Senate, for its
241
I4 2 THE NATIONAL GOVERNMENT.
approval, the names of the men whom he desires shall
constitute his Cabinet. This is now a mere formality.
The President is himself the one most interested in the
success of his administration and is of right given complete
freedom in selecting his immediate advisers. While the
views of the members of the Cabinet usually have weight
with the President, he is not obliged to take their advice.
Indeed, in some instances the President has carried out a
line of action which was against the wishes of the secretary
of the department affected.
The Department of State.
The Secretary of State. — The Secretary of State is
commonly called the head of the Cabinet. He is first in
rank at the Cabinet table, and occupies the seat of dignity
at the right of the President. Under the direction of the
President he conducts all negotiations relating to the for-
eign affairs of the nation ; carries on the correspondence
with our representatives in other countries ; receives the
representatives of foreign powers accredited to the United
States, and presents them to the President. Through him,
the President communicates with the executives of the
different States. He has charge of the treaties made with
foreign powers, and negotiates new ones. He has also in
his keeping the laws of the United States and the great
seal which he affixes to all executive proclamations, com-
missions, and other official papers.
The Diplomatic Bureau. — The United States, in common
with other nations, sends representatives to the foreign
capitals. They are the agents through whom the Secre-
THE CABINET. 1 43
tary of State communicates and negotiates with other
powers. Such affairs are conducted through the Diplo-
matic Bureau. The United States has now about thirty-five
ambassadors and ministers. €)ur representatives at the
courts of England, France, Germany, Russia, Italy, Aus-
tria, and Me.xic® are known as ambassadors. The am-
bassadors to the first four countries receive a salary of
#17,500 each.
The social demands made upon our Ambassadors are great, and they
are also obliged to provide for their places of residence. The salaries
paid are not sufficient to meet these necessary expenses, and are small in
comparison with those paid by the European nations to officers of the
same rank. Thus, the English Ambassador at Washington receives a
salary of $32,500. Besides the English, the German, the Japanese, and
some other nations have provided houses for their legations.
The Consular Bureau. — A censul is sent by the United
States to each of the chief cities in the consular districts
into which foreign countries are divided by our State
Department. These consuls, of whom there are three
grades, Consuls-General, Consuls, and Consular Agents,
look after the commercial interests of the United States in
those districts. They make monthly reports on improve-
ments in agricultural and manufacturing processes. These
reports also give information regarding good markets for
our products and of the best markets in which to purchase
foreign products. 1 Consuls care for destitute American
sailors and protect the interests of our citizens in foreign
countries. In some of the non-Christian nations, such as
1 Among scores of similar subjects, our consuls reported in 1900 on the fol-
lowing: American goods in Syria ; American commerce with Asia Minor and
eastern Europe ; German opinion of American locomotives ; American coal
in Germany ; Europe and American competition.
144 THE NATIONAL GOVERNMENT.
China and Turkey, they also have jurisdiction over all
criminal cases in which any American citizen may be a
party. The importance of such services to our country is
self-evident. The appointment of these 765 officials, to-
gether with their subordinates, is usually secured under
party pressure. It would have a wholesome influence on
our rapidly developing commercial interests were these
positions placed in the classified service. 1
The Department of the Treasury.
The Secretary of the Treasury. — The Department of
the Treasury is the most extensive and complex of the
executive departments. In general, the Secretary of the
Treasury has charge of the finances of the nation. He is
required to prepare plans for the creation and improvement
of the revenues and the public credit and to superintend
the collection of the revenue. He gives orders for all
moneys drawn from the Treasury in accordance with
appropriations made by Congress, and submits an annual
report to Congress which contains an estimate of the
probable receipts and expenditures of the government.
The Auditors. — It is very important that the accounts of the govern-
ment should be carefully scrutinized, and one of the six auditors con-
nected with the Treasury Department must pass upon the accounts of
every public officer who pays out money. Thus, the Auditor for the
Treasury Department examines all accounts of salaries and incidental
expenses of the office of the Secretary of the Treasury and all other
offices under his immediate direction, such as the Treasurer and Directors
of the Mints.
The Treasurer. — All the money of the United States is under the
care of the Treasurer. He receives and pays it out upon the warrant of
1 See report Civil Service Commission, 1901-1902, p. 32.
THE CABINET.
*45
the Secretary of the Treasury or a designated assistant, redeems the
notes of the National banks, and manages the Independent Treasury
System. This system renders the Treasury Department practically
independent of the banks of the country. It includes the Treasury at
Washington and sub-treasuries, each in charge of an assistant treas-
urer at Boston, New York, Philadelphia, Baltimore, Cincinnati, Chi-
cago, St. Louis, New Orleans, and San Francisco. While the greater
part of the money belonging to the government is found in these places,
about two hundred National banks have also been designated as public
depositories.
The Chief of the Bureau of Engraving and Printing. — The Bureau l
of Engraving and Printing is one of the largest in the department and
employs about 1600 people. It has been said that the products of this
bureau, in the course of a single year, represent a sum equal in value to
all the money in circulation in the United States ; for here the engraving
of the plates and the printing of all the United States circulating notes,
bonds, revenue stamps, and postage stamps are done.
Other Officers of the Treasury Department. — Among the
other leading officials of the Treasury Department are :
Comptroller of the Currency, Commissioner of Internal
Revenue, General Superintendent of the Life-saving Ser-
vice, Solicitor of the Treasury, Supervising Surgeon-
General, and Supervising Architect.
The Life-saving Service. — This is one of the most important offices
in the Treasury Department. More than 2000 men are employed in
the 273 stations, located generally at danger points on the oceans
and the Great Lakes. Out of the 4337 lives imperiled in the year 1903
in the disasters on water, only 24 were lost.'- Of the property involved,
which was valued at $9,051,150, 88 per cent was saved. It has been
estimated that 225,000 lives have been saved through this service since
it was founded in 1848.
The Solicitor of the Treasury. — The Solicitor of the Treasury is
the law officer of the department, and has charge of all prosecutions
1 The work of each department is usually distributed among the bureaus.
Bureaus are again divided into divisions. At the head of each bureau is a
commissioner, and of each division a chief.
2 Report of the Secretary of Treasury, 1902-1903.
L
146 THE NATIONAL GOVERNMENT.
by the government arising out of the counterfeiting of the government
securities, or of the infringement of customs revenue, and of all suits for
the collection of moneys due the United States, except those due under
the internal revenue laws.
The Supervising Surgeon-General. — The Supervising Surgeon-Gen-
eral superintends the twenty-two marine hospitals where our sick sailors
are cared for ; conducts the quarantine service of the United States ;
and directs the laboratories for the investigation of the causes of conta-
gious diseases.
The War Department.
The Secretary of War. — The Secretary of War, under
the direction of the President, has charge of the military
affairs of the government. He supervises all estimates of
appropriations for the expenses of the department. 1 He
has under his supervision also the military academy at
West Point, all national cemeteries, and river and harbor
improvement. The chiefs of the eleven bureaus are regu-
lar army officers.
The Adjutant-General. — The Adjutant-General issues orders for the
muster of troops and for their movement, conducts the correspondence
of the department, and keeps the records.
The Inspector-General. — The Inspector-General examines and re-
ports on all places where United States troops are stationed ; on pub-
lic works carried on by army officers ; and on the military academy and
prisons.
The Quartermaster-General. — Under direction of the Quartermaster-
General the army is transported, clothed, and equipped.
The Chief of Ordnance. — Arms are supplied by the Chief of Ord-
nance. The arms used are manufactured chiefly in the United States
arsenals. The arsenals at Springfield, Mass., and Rock Island, 111.,
manufacture rifles and carbines; and that at West Troy, N.Y., cannon
and mortars.
1 The annual appropriation by Congress for the army alone in 1903
amounted to $78,138,752.
THE CABINET. 1 47
The United States Military Academy. — The United States Military
Academy at West Point was founded in 1802. The corps of cadets is
made up of one cadet from each of the Congressional districts, one from
each of the Territories and the District of Columbia, and one hundred
from the United States at large. Prior to the year 1900 there were only
ten cadets at large. The act of that year also provided that thirty cadets
were to be named by the President directly and the remainder appor-
tioned among the States. They all receive their appointments from
the President, but it has become the custom for the representatives
and delegates to select (usually after a competitive examination) those
from the Congressional districts and the Territories. The cadet must
be between seventeen and twenty-two years of age. Each receives
$540 a year during the four years of his course. Upon graduation, the
cadets are commissioned as second lieutenants in the United States
army. In case there are more graduates than vacancies, those in excess
are honorably discharged with the payment of one year's salary.
The Navy Department.
The Secretary of the Navy. — The duties of the Secre-
tary of the Navy pertain to the construction, manning,
arming, equipping, and employment of war-vessels. 1
The United States Naval Academy. — The naval academy at An-
napolis was established in 1846. One cadet is allowed in the naval
academy for each [member or delegate of the House of Representatives,
one for the District of Columbia, and ten at large. Candidates for
admission, at the time of their examination, must be between the ages
of fifteen and twenty years. The nomination of a candidate to fill a
vacancy is made upon recommendation of a representative or delegate
if made before July 1 : but if no recommendation be made by that time,
the Secretary of the Navy fills the vacancy by appointing an actual resi-
dent of the district in which the vacancy exists. The President selects
the candidates at large and the cadet for the District of Columbia. At
the conclusion of the six years 1 course, two of which are spent at sea. the
1 The appropriation fur this department in 1903 was $81,877,291.
148 THE NATIONAL GOVERNMENT.
graduates are assigned in order of merit to the vacancies that may have
occurred in the lower grades of the line of the navy and of the marine
corps. Cadets who are not assigned to service after graduation are
honorably discharged and are given $500, the amount they have re-
ceived each year of their course at the academy.
The Department of Justice.
The Attorney-General. — The Attorney-General is the
legal adviser of the President and of the heads of the
departments. He supervises the work of all the United
States district attorneys and marshals, and is assisted by
the Solicitor-General. Unless otherwise directed, all cases
before the Supreme Court and the Court of Claims in
which the United States is a party are argued by the
Attorney-General and the Solicitor-General.
The Post Office Department.
The Postmaster-General. — The Postmaster-General is
at the head of this department. He appoints all of the
officers of the department with the exception of the four
assistant postmasters-general and postmasters of the first
class, whose appointments are made by the President with
the consent of the Senate. The Postmaster-General may,
with the consent of the President, let contracts and make
postal treaties with foreign governments.
The Postal Union. — Since 1891 the United States has been a mem-
ber of the Universal Postal Union. By this union over fifty distinct
powers became parties to an agreement by which uniform rates of post-
age were agreed upon and every facility for carrying mails in each
country was extended to all the others.
THE CABINET. 1 49
The Department of the Interior.
The Secretary of the Interior. — The Interior Department,
under the supervision of the Secretary of the Interior, is
one of the most complex and important of the departments.
There are two assistant secretaries in the department,
while at the head of the other offices are six commissioners
and two directors.
The Commissioner of the General Land Office. — The Commissioner
of the General Land Office has charge of all the public lands of the
government, and supervises the surveys, sales, and issuing of titles to
this property (see p. 169).
The Commissioner of Education. — The Commissioner of Educa-
tion is the chief of the Bureau of Education. This bureau has charge
of the collection of facts and statistics relating to the educational sys-
tems and to progress along educational lines in the several States and
Territories, and also in foreign countries. The reports issued by the
bureau are of great value to those interested in education. The com-
missioner has advisory power only, except in Alaska. Here he directs
the management of the schools.
The Commissioner of Pensions. — The Commissioner of Pensions
supervises the examination and adjustment of all claims arising under
the laws of Congress granting bounty land or pensions on account ol
services in the army or navy during the time of war. That our govern-
ment has not been ungrateful may be gathered from the report of the
commissioner for 1902. There were in that year 999,446 pensioners, to
whom were paid approximately $140,000,000, or an amount equal
to 24 per cent of the total revenues of the government.
The Commissioner of Indian Affairs. — Prior to 1871 the Indian
tribes were treated as independent nations by the United States, but by
a law of that year the general government was made the guardian of
their interests. The Commissioner of Indian Affairs exercises a pro-
tecting care over these "wards" by directing the work of the Indian
agents and of the superintendents of Indian schools.
150 THE NATIONAL GOVERNMENT.
There are some 145,283 Indians on the 177 reservations which are
in the various States and Territories. 1 The lands of these reservations
are held in common ; that is, the ownership is tribal rather than individ-
ual. It is the policy of the government, however, to bring about the
allotment of lands " in severalty," and thus to encourage the Indians to
adopt an agricultural life. The Indians are only partially self-supporting.
Some tribes derive an income from funds which are the proceeds derived
from the sales and cessions of their lands. The National government
holds this money in trust for them, and, by direct appropriation, supplies
the money, food, and clothing necessary to complete their support.
The appropriation for the Indians in 1903 was $8,512,950. Over one-
fourth of this sum was spent for their education in Indian schools, num-
bering nearly 300. which are under the direct control of ihe department.
The Director of the Geological Survey. — The Director of the Geo-
logical Survey collects much valuable information through the exami-
nation of the geological structure, mineral resources, and mineral
products of the United States. He has charge, also, of the survey
of the forest reserves.
The Department of Agriculture.
The Secretary of Agriculture. — The duties of the Secre-
tary of Agriculture are, " To acquire and diffuse among
the people of the United States useful information on sub-
jects connected with agriculture in the most comprehensive
sense of that word." The activities of the department are
along many lines, as indicated by the names of the bureaus
and divisions.
Bureau of Animal Industry. — Continuous advancement is being
made by the government toward placing the agricultural pursuits upon
a more scientific basis. One of its most important services is performed
in the Bureau of Animal Industry, which inspects the greater part ot
1 Census of 1900. This number does not include the Indians found in the
Indian Territory. According to this census the total number of Indians then
in the United States was 331,000.
THE CABINET. 151
the meat products exported to European countries. The law providing
for this inspection was necessary because of the claim in European
markets that diseased meats were shipped from the United States. An
inspection is also provided for live animals intended for exportation and
for animals imported. Much scientific work is also devoted to a study
of the various diseases of animals.
The Division of Seeds.— Over $100,000 are expended each year by
the Division of Seeds in the purchase of " rare and valuable " seeds,
bulbs, and plants. These are distributed free throughout the country
for the purpose of fostering the introduction of new and more valuable
crops.
Public Road Inquiries. — Another important interest is carried on by
the Office of Public Road Inquiries. Here experiments are made with
regard to the best system of road-making and the best materials to be
used for that purpose.
Weather Bureau. — Through the Weather Bureau daily forecasts and
warning of storms are sent to over 50,000 different points, and storm
signals are displayed at 300 places on our coasts. By its operation,
millions of dollars are saved each year to the agricultural and maritime
interests of the country. A recent decree of the Post-Office Department
renders the reports of the bureau of still greater service. Slips of
p.iper having the storm, frost, or other warnings printed on them are
distributed by the rural mail carriers at the various houses in the dis-
tricts affected.
The Department of Commerce and Labor.
Nature of the Department. — Because of the nature of
the subjects assigned to this new department, it will
rapidly become one of the most important of the de-
partments. Among the duties of the Secretary of Com-
merce and Labor are to promote the commerce and the
mining, manufacturing, shipping, fishery, transportation,
and labor interests of the United States. The President
is given the power to transfer to the department those
bureaus in other departments which are engaged in
152 THE NATIONAL GOVERNMENT.
scientific or statistical work, the Interstate Commerce
Commission and the scientific divisions of the Agricultural
Department being excepted. The offices which have been
transferred are as follows : the Bureau of Labor ; the
Bureau of Statistics; Census Bureau and Immigration
Bureau ; Bureau of Standards of Weights and Measures ;
Bureau of Navigation; the Steamboat Inspection Service;
Bureau of Fisheries ; Coast and Geodetic Survey and
Light-House Board. The Bureau of Corporations was
created for the department. The Commissioner of Corpo-
rations is expected to investigate the organization, conduct,
and management of the business of corporations and other
combinations engaged in interstate or foreign commerce,
except such carriers as may be subject to the interstate-
commerce act.
The Commissioner of Labor. — This official is charged with the duty
of investigating the relations between labor and capital; the earnings
of laborers ; and the means which may be used to promote their welfare.
Every other month a bulletin is published which sets forth the condition
of labor in this and other countries.
The Chief of the Bureau of Statistics. —The Chief of the Bureau of
Statistics collects and publishes the annual statistics on commerce.
These reports are of such a character that they are invaluable to the
President in the preparation of his messages ; and they are used exten-
sively by the heads of departments, members of Congress, and the
public. Tariff laws, special legislation for particular industries, and all
international trade treaties are also based on these compilations. The
greatest demand is for the Annual Statistical Abstract, which presents
in a condensed form the history of the commerce of the United States
for a number of preceding years.
The Commissioner-General of Immigration. — This officer superin-
tends the work of the Commissioners of Immigration who are in charge
of inspectors at the ports of entrance. Every immigrant must undergo
a rigid examination in order to ascertain whether he belongs to any of
THE CABINET I 53
the prohibited classes. 1 Each immigrant must pay a tax of one dollar,
which sum is used to pay the expenses of the bureau. The work of the
Census Bureau was described on pages 55-56.
The Superintendent of the Coast and Geodetic Survey. — This
officer superintends the survey of the coasts and rivers of the United
States. He has charge of the publication of charts and sailing direc-
tions which are of inestimable value to mariners.
The Light-House Board. — The Light-House Board has charge of the
light-houses, of which 1199 had been established previous to the year
1899, besides the light vessels and beacons used for the protection of
navigation.
SUPPLEMENTARY QUESTIONS AND REFERENCES.
1. Does the President select the members of his Cabinet from among
former members of Congress ? Would this be desirable ?
2. Have the members of the Cabinet ever been allowed to appear
before Congress in the interests of their own departments?
Would this be desirable ? Walker, The Making of the Nation,
92; Bryce, American Commonwealth, I, Chapter 9; Atl. Mo.,
65:771-772.
3. Who are now the heads of the executive departments? Were
they prominent in National affairs before they were selected for
these positions?
4. In 1901 a bill wan introduced in the House of Representatives
which provided for an increase of the annual salary of the Vice-
President to $25,000. and that of each member of the Cabinet
to $15,000. What reasons can you give for or against such a
change ?
5. What was the history of the State Department prior to 1789?
Harrison, This Country of Ours, 182-187.
6. Give a list of the Presidents who have been Secretaries of State.
How do you account for this policy in the first years of our
government, and not at a later time ? Name some of the other
prominent Secretaries of State.
1 In 1903 there were 857,046 immigrants to the United States, and 8769
wne refused admission. Of these there were 5812 paupers ; 1086 contract
laborers; 1773 diseased persons.
154 THE NATIONAL GOVERNMENT.
7. Who are our ambassadors ? Can you give the name of any
foreign ambassadors in Washington ? See Congressional
Directory.
8. The methods by which our ministers are selected, take possession
of their offices, and are presented at foreign courts, are described
in Curtis, The United States and Foreign Powers, 15-21.
9. The Duties of Ministers. Curtis, The United States and Foreign
Powers, 22-26.
10. Are our ambassadors given adequate salaries ? Curtis, The United
States and Foreign Powers, 13, 14.
11. From a consular report learn what the duties of a consul are.
Curtis, The United States and Foreign Powers, 30-33.
12. For an account of our consular service, a comparison with that
of other nations, and a consideration of some of the weaknesses
in our system, see Curtis, The United States and Foreign Powers,
28-30.
13. A Business Man and the Consular Service, Century Mag., Co: 268-
271.
14. Abuses in our Consular System arising through Appointment,
Atl. Mo., 85 : 455-466, and 669-683.
15. A Plea for Consular Inspection, Forum, 30: 28-34.
16. What is the Great Seal of the United States, and what is its use?
Harrison, This Country of Ours, 199-200.
17. What is the particular work of the Marine Department? of the
Steamboat Inspection Service? of the Marine Hospital? Lyman
J. Gage, Organization of the Treasury Department, Cosmopoli-
tan, 25 : 355-365-
18. What is the work of the Bureau of Engraving and Printing ?
Spofford, The Government as a Great Publisher, Forum, 19:
338-349-
19. What is the extent of our merchant marine ? Should it be in-
creased? Statistical Abstract of the United States, igoo, 437-
450-
20. From the Appendix to the last Finance Report get the chief points
connected with the work of the following officials : Treasurer,
Report, 1898, Appendix, 1-20; Chief of the Secret Service Divi-
sion, 861-867. A good description of the Treasury Department
is given in Scribner's Mag., 33: 400-411.
THE CABINET. I 55
21. From the last report of the Bureau of Statistics find answers for
the following : The expenditures of the government in the differ-
ent departments; value of merchandise imported and exported;
amounts of coin, wheat, cotton, wool, and iron produced, im-
ported, and exported; the chief nationalities of immigrants,
and comparison of the total number with previous years.
22. Are our coasts well defended? Harrison, This Country of Ours,
225.
23. Describe the work of the President, Secretary of War, Secretary of
the Navy, and of the other Cabinet officers at the outbreak of
war, Cosmop. 25 : 255-264.
24. For illustrated articles on Education at West Point and Annapolis,
see Outlook, 59 : 839-849, 825-837.
25. Comparison of our Pension System with that of other Nations,
Forum, 33 : 346-348.
26. Defects in our Pension System, Forum, 31 : 670-680.
27. Changing Character of the Immigration to the United States,
Rev. of R's, 24: 723, 724.
28. Why the Chinese should be excluded, Forum, 33 : 53-59.
29. Why the Chinese should be admitted, Forum, 33 : 50-68.
30. Influence of the Allotment of Land on the Indian, Forum, 34:
466-480.
31. Results of the Work of Experiment Stations, Scribner's Mag., 31 :
643-660.
32. For accounts of the new Congressional Library, see Century Mag.,
53: 682-694; 694-71 x ; Atl. Mo., 85: 145-158; Cosmop., 23: 10-
20.
33. What is the special value of the work of the Bureau of American
Republics ? Forum, 30 : 21-27.
For other questions and references on the topics in this chapter con-
sult Government in State and Nation, 299-302.
CHAPTER XVI.
THE NATIONAL JUDICIARY.
Article III.
Establishment of an Independent Tribunal. — Alexander
Hamilton characterized the lack of a judiciary as the
crowning defect of government under the Confederation.
If we consider the nature of our present government,
it is easily seen that some form of independent tri-
bunal is necessary. We have a central government
exercising complete control over National affairs and for-
eign relations and, at the same time, the State governments
with equally complete control over questions arising within
their limits. If differences arise, then, as to the authority
of National or State government over a given question,
how are these disputes to be settled peaceably? After a
brief discussion, the problem was answered in the Con-
stitutional Convention by the formation of a federal
judiciary.
Organization of the Judiciary. — The organization of the
judiciary is provided for as follows : Section I. TJie judi-
cial power of the United States shall be vested in one Su-
preme Court, and in such inferior courts as the Congress
may from time to time ordain and establish. The judges,
156
THE NATIONAL JUDICIARY. 157
both of the Supreme and inferior courts, shall hold their
offices during good behavior, and shall, at stated times, re-
e for their services a compensation which shall not be
diminished during their continuance in office.
In 1789 Congress provided that the Supreme Court
should consist of a Chief Justice and five Associates.
Circuit and District Courts were also established. The
Supreme Court at present consists of the Chief Justice and
eight Associate Justices. It holds one session annually, at
Washington, beginning on the second Monday in October
and continuing until about May 1.
District Courts. — The territory of the United States has been
divided into judicial districts, none of them crossing State lines and each
having a District Court. Indian Territory, New York, and Texas have
each four districts ; Alabama, Pennsylvania, and Tennessee three each ;
Arkansas, California, Florida, Georgia, Illinois, Iowa, Kentucky,
Louisiana, Mississippi, Michigan, Missouri, North Carolina, Ohio, Vir-
ginia, Wisconsin, and West Virginia two each ; and the remaining States
have each a single district. New Mexico and Oklahoma constitute a dis-
trict, and also Alaska, Arizona, and Hawaii. Generally there is a judge
for each district, but a single judge is at times assigned to two districts.
A District Attorney and Marshal are appointed by the President for
each District Court. The United States District Attorney is required
to prosecute all persons accused of the violation of Federal law and to
appear as defendant in cases brought against the government of the
United States in his district. The United States Marshals execute the
warrants or other orders of the United States District and Circuit
Courts and, in general, perform duties connected with the enforcement
of the Federal laws which resemble the duties of sheriffs under State
laws.
Circuit Courts. — The policy has been to have as many Circuit
Courts as there are Justices of the Supreme Court. It was not until
1869 that a Circuit Judge was provided for each of the nine circuits.
The areas of the circuits were determined by grouping several districts
together; thus, the seventh circuit includes the districts of Indiana,
Northern and Southern Illinois, Eastern and Western Winconsin.
158 THE NATIONAL GOVERNMENT.
Circuit Courts may be held by a Judge of the Supreme Court assigned
to that circuit, by a Circuit Judge, or by the District Judge of the dis-
trict in which the court is held, or by any two of these or by all of them
sitting together. The law requires that the Justice of the Supreme
Court shall attend court in each district of his circuit at least once in two
years. The first and fourth circuits have each two Circuit Judges;
the second and eighth four each ; and the other circuits three each.
The increase in the number of cases to be tried before the Circuit
Courts made the appointment of additional Circuit Judges necessary,
and by the law of 1891, also, nine Circuit Courts of Appeals were es-
tablished, for each of which an additional Circuit Judge was provided.
The Circuit Courts of Appeals consist of three Judges each, any two
constituting a quorum. The Judges eligible to sit in one of these
courts are : the Supreme Court Judge assigned the Circuit, the Circuit
Judges, and the District Judges of the Circuit.
The Court of Claims was established in 1855 and consists of a Chief
Justice and four Associates. It holds an annual session in Washington.
Terms and Salaries of the Judges. — That the judiciary-
should be independent of parties and of other influences
cannot be questioned. Hence the wisdom of the provision
that United States judges shall hold their offices during
good behavior and shall receive a compensation for their
services which shall not be diminished during their con-
tinuance in office. Judges of the United States courts are
appointed by the President with the consent of the Senate.
By an act of Congress of 1903, the salary of the Chief
Justice was fixed at $13,000 per annum ; that of Associate
Justices, $12,000; Circuit Judges, $7500; and District
Judges, $6000.
Jurisdiction of the National Courts. — We are next to
consider the jurisdiction of the several courts that have
been described.
Section 2, Clause 1. The judicial power shall extend to
all cases, in law and equity, arising under this Constihition,
the laws of the United States, and treaties made, or which
THE NATIONAL JUDICIARY. 159
shall be made, under their authority ; — to a/leases affecting
Ambassadors, other fab lie ministers and Consuls ; — to all
cases of admiralty and maritime jurisdiction ; — to contro-
versies to which the United States shall be a party ; — to
controversies between two or more States ; — between a State
and citizens of another State ; — be^wj^M-citisens-o^differeyit^^^
St.at.es-j — between citizens of the same State claiming lands
under grants of different States, and between a State, or the
citizens thereof, and foreign states, citizens or subjects. A
careful consideration of this clause shows the wide extent
of the powers of the United States courts. It shows also
the desirability of having all such cases under their juris-
diction rather than under the authority of the State courts.
Associate Justice Brewer wrote recently, with reference to
the influence of the decisions of the Supreme Court on the
history of the country : J " Its decisions have always been
in harmony with and sustaining the proposition that this
republic is a nation acting directly upon all its citizens,
with the attributes and authority of a nation, and not a
mere league or confederacy of States. The importance of
this cannot be overestimated, and will be appreciated by
all who compare the weakness of the old confederacy with
the strength and vigor of the republic under the present
Constitution."
Suit against a State by a Citizen of Another State. — In the nota-
ble case of Chisholm vs. Georgia in 1793, Chisholm, a citizen of North
Carolina, began action against the State of Georgia in the Supreme
Court of the United States. That court interpreted the clause as apply-
ing to cases in which a State is d< fendant, as well as to those in which
it is plaintiff. The decision was received with disfavor by the States,
1 "The Supreme Court of the United States," Sa-ibner's Magazine, Vol. 33 ■
275, 276.
160 THE NATIONAL GOVERNMENT.
and Congress proposed the Xlth Amendment to the Constitution,
which was ratified in 1798 and is as follows : —
The judicial power of the United States shall not be construed 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.
Original and Appellate Jurisdiction. — Clause 2. In all
cases affecting Ambassadors, other public ministers and Con-
suls, and those in wJiidi a State shall be party, the Supreme
Court shall have original jurisdiction. In alltlie other cases
before mentioned, the Supreme Court shall have appellate
jurisdiction, both as to lazv and fact, with such exceptions,
and under such regulations as the Congress shall make.
The Supreme Court has original jurisdiction in "all
cases affecting Ambassadors, other public ministers, and
Consuls, and those in which a State shall be a party."
Original jurisdiction means that these cases may be begun
in the Supreme Court. Other cases are brought to the
Supreme Court from the inferior United States courts or
from the supreme courts of the States and Territories by
appeal. In such cases the Supreme Court is said to have
appellate jurisdiction.
Jurisdiction of the Inferior Courts. — It is difficult in
brief space to define minutely the province of each court.
The following accounts, therefore, give only a general
description : —
The Circuit Courts of Appeals are given final jurisdiction in certain
cases appealed to them from the District and from the Circuit Courts,
such as those arising under the patent, revenue, and criminal laws, as
well as admiralty and other cases in which the opposing parties to a
suit are an alien and a citizen, or are citizens of different States. The
Supreme Court has thus been partially relieved from an overcrowded
THE NATIONAL JUDICIARY. l6,
docket. But jurisdiction in these cases may be assumed by the Supreme
Court if it desires to do so.
The Circuit Courts have original jurisdiction in patent and copyright
cases, and in cases brought by the United States against National
banks, and they have exclusive jurisdiction in capital cases. -Jurisdic-
tion of the District Courts embraces chiefly criminal cases, admiralty
cases, bankruptcy proceedings, suits for penalties, and the like."
The Court of Claims "shall hear and determine all claims founded
upon any law of Congress, or upon any regulation of an executive de-
partment, or upon any contract, express or implied, with the govern-
ment of the United States, which may be suggested to it by a petition
filed therein ; and also all claims which may be referred to said Court
by either House of Congress." 1
Trial by Jury. — The right of trial by jury in all criminal
cases had been insisted upon by Englishmen for centuries
prior to the formation of our Constitution. There were
two branches to the system, the grand and the petit juries.
Each performed the same duties as they do now. The
Constitution provides in Section 2, Clause I, that
The trial of all crimes, except in cases of impeachment,
shall be by jury, and such trial shall be held in the State
zvhere the said crime shall have been committed ; but
when not committed within any State, the trial shall be
at such place or places as the Congress may by law have
directed.
This clause was attacked by the opponents of the Con-
stitution in the State conventions. It was believed that
the Constitution did not furnish adecmate safeguards against
unjust prosecutions. Because of this agitation, Congress,
in its first session, proposed Amendments V, VI, VII, and
VIII, which were duly ratified by the several States.
Amendment V. TV*' person shall be In Id to answer for
1 10 Statutes at Large, 012.
162 THE NATIONAL GOVERNMENT.
a capital, or otherwise infamous crime, unless on a present-
ment or indictment of a grand jury, etc. 1
Authorities have had difficulty in giving an exact defini-
tion of an infamous crime. That given by Judge Cooley
is the most satisfactory. He says: "But the punishment
of the penitentiary must always be deemed infamous, and
so must any punishment that involves the loss of civil or
political privileges."
The Grand Jury. — A grand jury consists of from twelve
to twenty-three men. They sit in secret, and no accusation
can be made by them without the concurrence of at least
twelve. An indictment is a written accusation of an offense
drawn up by a prosecuting officer on behalf of the govern-
ment and laid before the grand jury. " A presentment is
an accusation by a grand jury of an offense upon their
own observation and knowledge, or upon evidence before
them, and without any bill of indictment laid before them
at the suit of government." 2 In the case of a presentment,
the party accused cannot be held to trial until he has been
indicted. After hearing the evidence, if the grand jury
concludes that the accusation is not true, they write on
the back of the bill, " Not a true bill " or " Not found."
The accused, if held in custody, is then given his freedom,
but he may be again indicted by another grand jury. If
the grand jury decides that the accusation is true, they then
write on the back of the bill, " A true bill " or " Found."
The indicted person must be held to answer the charges
made against him.
1 See Appendix A.
2 Story, " Commentaries on the Constitution," § 1784.
THE NATIONAL JUDICIARY. 163
Rights of the Accused. — Amendment VI. /;/ all crimi-
nal 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, etc. {see Ap-
pendix A).
Amendment VII. In suits at common lata, where the
value in controversy shall exceed twenty dollars, the right of
trial by jury shall be preserved, and no fact tried by a jury
shall be otherwise reexamined in any court of the United
States, than according to the rules of the common law.
The accused must be given a public and speedy trial
before an impartial jury, known as the petit jury, consist-
ing of twelve men from the district wherein the crime was
committed. The decision must be unanimous before a
verdict can be rendered. The accused is given a copy of
the indictment in which the nature of the accusation is
clearly set forth and is granted time in which to prepare
for his defense. Equally just and significant are the
provisions that he shall be confronted by the witnesses
against him, may compel the attendance of witnesses in
his favor, and may employ counsel for his defense. In
case he is not able to pay for his own counsel, the judge
appoints one whose services are paid for out of the public
treasury. If the verdict has been rendered by a jury and
the judgment pronounced, the accused cannot be again
brought to trial on the same charge.
SUPPLEMENTARY QUESTIONS AND REFERENCES.
1. What are the names of the members of the Supreme Court at
present? Congressional Directory.
2. How large are the circuit and district in which your home is
located? Who are the judges? Congressional Directory.
1O4 THE NATIONAL GOVERNMENT.
3. Under what conditions may a case be appealed from the Supreme
^ourt of the State to the United States Supreme Court ? Bryce,
American Commonwealth, I, 228-230 (232-234).
4. How is the fact that conflicts betv/een the authority of the Federal
and the State Courts do not arise, accounted for ? Bryce, I,
234-235 (238).
5. Are the United States Courts influenced in their decisions by
politics? Bryce, I, 259-261 (265-267).
6. Define treason and the punishment therefor. Constitution, Art
III, Sec. 3, Clauses 1 and 2. See Government in State and
Nation, 312, 313.
7. Describe the influence of John Marshall as Chief Justice.
(a.) John Marshall, American Statesmen Series, Chapters X and
XI.
(b.) Bryce, I, 261 (267).
(c) Lodge. "John Marshall, Statesman," N. Am. Rev., 172:
191-204.
(c7.) John Marshall, Atl. Mo., 87 : 328-341.
8. Show how the development of our Constitution by interpretation
has been brought about. Bryce, I, 3^6-375 (37 6 -38s)-
9. What has been the influence of the Supreme Court in the history
of our Nation ? Scribners Mag., 33 : 273-284.
CHAPTER XVII.
TERRITORIES AND PUBLIC LANDS.
The History of Territories. — The first Territories of the
United States were formed in the region lying north of the
Ohio River and east of the Mississippi River. Here several
of the original States (viz., Massachusetts, Connecticut,
New York, and Virginia) had had claims, which they
ceded to the general government during the period of the
Confederation. The Ordinance of 1787 was the instrument
of government for the entire Northwest Territory until
the adoption of the Constitution, when it was reenacted
by the new Congress in 1791. In the years that followed,
special acts were passed for the government of the different
Territories that were erected where now we find the States
of Ohio, Indiana, Illinois, Michigan, and Wisconsin. In
like manner, the region lying south of Kentucky was
ceded to the United States by the Carolinas and Georgia,
and was then formed into Territories and governed by
Congress. Next, the Louisiana Purchase, Florida, the
Mexican Cession, and the Oregon Territory came under the
control of Congress ; a succession of Territories was thus
created, the most of which have subsequently been ad-
mitted into the Union as States. In the government of
these Territories, Congress has acted in accordance with
an important power granted to it by the Constitution
I6q
166 THE NATIONAL GOVERNMENT
Article IV, Section 3, Clause 3. The Congress shall have
power to dispose of and make all needful rules and regnla-
tions respecting the territory or other property belonging to
the United States.
The Government of Organized Territories. — Territories
may be classified as (1) organized and (2) unorganized.
Of the former we have at present Porto Rico, Hawaii,
New Mexico, Arizona, and Oklahoma.
The governing authorities in each are : ( 1 ) a governor,
appointed by the President, with the consent of the Senate ;
(2) administrative officers — secretary, treasurer, auditor,
attorney-general, adjutant-general, and superintendent of
education, all appointed in the same way ; (3) a legislature
consisting of two houses, the members of which are elected
by popular vote ; (4) a system of courts in which the
judges are appointed by the President and Senate.
Relations between Territories and Congress. — A Territory
is organized by an act of Congress which provides for
these officers and prescribes their powers. The territorial
legislature controls the internal affairs of the Territory ;
but its acts may be modified or entirely annulled by Con-
gress. The people of a Territory have no voice in National
affairs, but they elect a delegate to Congress, who may
debate but not vote.
Porto Rico. — The government of Porto Rico is different at some
points from that of the other organized Territories. The upper house
of its legislature is the Executive Council and consists of the adminis-
trative officers of the Territory (secretary, treasurer, auditor, commis-
sioner of the interior, attorney-general, and commissioner of education)
and five other persons appointed by the President. Five of the eleven
members of this Council must be natives of Porto Rico. The House
TERRITORIES AM) PUBLIC LANDS. 167
nt Delegates has thirty-five members, elected triennially by the voters.
There is eli cted by the people a " resident commissioner '' to the United
States, who, unlike the delegates from other Territories, has no se.U in
Congress, but rather has official relations with the President.
The Territory of Hawaii. — Hawaii was annexed to the United
States in 1898, and its government was established by Congress in
1900. The administrative officers in this Territory are appointed by
the governor, instead of by the President. Voters in Hawaii must be
able to read and write either the English or Hawaiian language.
Unorganized Territories. — Alaska and Indian Territory are called
unorganized territories. The former has a governor, an attorney-
general, and a surveyor-general, together with a judiciary consisting of
three judges. There is no legislature; Congress enacted, in 1900, a
complete civil code for Alaska.
Indian Territory was for many years divided into sections containing
the governments of the " iive civilized tribes." Each had an organized
government, republican in form, under a written constitution. The
legislatures, courts, and civil processes resembled very closely those of
the State governments. These tribal governments have been superseded
by National authority. A complete change is being brought about in
the matter of landholding. Under the Indian governments the lands
were owned in common, and none but Indians could reside there; but
white people came into the Territory and obtained leases and claims to
land, until at the present time more than three-fourths of the 400,000
inhabitants are whites. Under a law of 1893, the Dawes Commission
has been at work upon a plan for allotting the land of the Territory to
the Indians. 1 When this has been done, the land will be owned " in
severalty," as in other parts of the country.
Our Government in the Philippine Islands. — The Philippines con-
stitute the largest part of " our insular possessions," and are not classed
as Territories. The word " colonies " better expresses their relations to
the United States. They are completely subject to the control of Con-
gress. During the war with Spain and after it, until the 57th Congress
passed the Philippine Civil Government Law in 1902. these islands were
under the military government of the United States. The President,
as the head of our military system, had supreme authority over these
1 Of the 70,000 Indians but 12,000 or 15,000 are " full bloods." About
15,000 negroes, who were formerly slaves, will also receive shares of the land,
1 68 THE NATIONAL GOVERNMENT.
possessions; and he exercised his powers through the commanding
genera] in the islands and through the Philippine Commission, a body
of five men, of which Governor Taft was president. This commission
was given authority to establish civil government in the pacified regions
of the islands.
In accordance with this policy, the government in the cities and in
the less disturbed portions of the islands was in reality civil government,
in which the people had some share, many months before Congress
assumed responsibility by the passage of the Civil Government Law,
in July, 1902. This law provides for the continuance of the Philippine
Commission and the later establishment of a legislative body which is
to consist of two houses. The upper branch of this Assembly will consist
of members appointed by the United States government ; the members
of the lower house will be elected by voters who have a certain amount of
property and can speak English or Spanish. This Assembly will not
be established, however, until two years after a census, which this law
provides for, has been taken. The upper house of this future Philip-
pine legislature will have greater powers than the lower branch ; and, of
course, all acts of the assembly will be subject to veto by the American
government.
Besides numerous other small islands the United States possesses
Tutuila in the Samoan group, Guam, and Wake Island. These are
governed directly by the naval authorities of the government.
Political Relations with Cuba. — Cuba was under the control of our
military authority between the time when our troops occupied the island,
during the Spanish-American War, and the announcement of its inde-
pendence in May, 1902. Although Cuba is now an independent repub-
lic, it is considered as a "protectorate" of the United States, and is
subject to the influence of this Nation in its dealings with other nations.
The Admission of Territories to Statehood. — We have so
far considered the Territories as in a condition of greater
or less dependence upon the National government. It has
always been the policy of the United States to consider
statehood as the ultimate destiny of its Territories. 1 That
the power to admit States into the Union belongs exclu-
1 Now that we have possessions containing peoples of other races, the ques-
tion arises, shall Porto Rico, Hawaii, and the Philippines ultimately become
States?
TERRITORIES AND PI BLIC LANDS. 169
sively to Congress is evident from the language of the
Constitution.
Article IV, Section 3, Clause 1 New Slates may be ad-
mitted by the Congress into this ( 'nion ; 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 Con-
gress.
Territories first apply for admission to the Union, and
then either of two processes may follow: (1) Congress
passes an enabling act authorizing the Territory to frame a
constitution, which is submitted to Congress for approval.
(2) Frequently, the Territory frames its constitution with-
out waiting for the enabling act ; with this in its hand the
Territory then applies to Congress for admission. In either
case, before giving its approval to the admission of a State,
Congress must see that the constitution submitted contains
nothing that is inconsistent with a republican form of gov-
ernment.
Our Public Land Policy. — In the Territories which lay
between the Alleghany Mountains and the Mississippi
River, and in all the acquisitions that have since been
made, the unoccupied 1 lands became the property of the
United States. So the National government became the
possessor of many millions of acres of land, and it still
holds immense tracts in the Western States and in its dis-
1 Exceptions to this statement must he made to cover certain lands reserved
by some of the original States that ceded their claims to the United States;
as, for instance, the Western Reserve in Ohio retained by Connecticut, and
Other lands in Uie same State retained by Virginia.
170 THE NATIONAL GOVERNMENT.
tant possessions. Upon the admission of a Territory as a
State, the ownership of its public lands does not pass to
the new State, but remains with the National government.
The latter has followed a most liberal policy in dealing
with its lands, (i) It has granted great amounts to the
States. The school lands (see p. 240) which are the
basis of the common school funds in the Western States
were acquired in this way. (2) Many thousands of square
miles have been granted to railroad companies as aid in
the construction of their lines. These lands are still
being purchased at low rates by settlers in the West.
(3) Under various laws, settlers acquire farms from the
government almost free of cost. 1 (4) Millions of acres
are still held by the government, subject to sale at low
prices.
At present the larger part of the public lands of the
United States are arid ; that is, they cannot be cultivated
without irrigation. By a law of 1902, the proceeds re-
ceived from the sale of public lands in certain Western
States and Territories will be expended by the National
government in the construction of irrigation works. This
law is destined to have a great influence upon the future
of our Western States.
The National System of Survey. — In the thirteen original
States there was no uniform system of land survey, but
each tract of land was surveyed as necessity required,
generally after settlement had been made upon it. The
tracts were of very irregular shapes. The boundary lines,
usually starting from some natural object, were measured
1 See the provisions of the homestead law, " Government in State and
Nation," p. 333.
TERRITORIES AND PUBLIC LANDS.
171
by rods or chains, running in certain directions as ascer
tainccl by the use oi the compass. This method of survey
is still in use in the Eastern States. According to a law of
1785, a uniform system of "rectangular survey" was ap-
plied to all lands belonging to the United States. This
survey has preceded settlers, and has to some extent in-
fluenced the method of settlement and the nature of local
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government throughout the West. The lands surveyed
have been divided into townships six miles square. For
the boundaries of townships the law requires the use of
north-and-south and east-and-west lines. To secure start-
ing points from which to run these lines, it was necessary
to designate certain meridians as Principal Meridians and
certain parallels as Base Lines.
172
THE NATIONAL GOVERNMENT.
Method of Land Description. — -The map indicates the loca-
tion of Principal Meridians and Base Lines in the States
north of the Ohio River. Starting, then, from any Prin-
cipal Meridian, the tier of townships directly east is called
Range 1 ; the other ranges are numbered east and west of
that meridian. Counting also from the Base Line, the
townships are numbered I, 2, 3, etc., both north and south.
1 1 thus becomes possible to locate precisely any particular
township by a simple description : e.g., township 5 north.
Range VIII east of the first Principal Meridian.
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6
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The convergence of meridians causes the townships to
become less than six miles from east to west as the survey
proceeds northward from any Base Line. This necessitates
the running of standard parallel lines, or correction lines, at
frequent intervals, to be used as new Base Lines (Figure 1).
To still further facilitate the sale and description of
lands, the law provides for exact methods of subdividing
fERRITORIES AND PUBLIC LANDS.
173
the township into sections, one mile square, si umbered as
in Figure 2.
Each section is subdivided into rectangular tracts known
as halves, quarters, half-quarters, and quarter-quarters.
The designations of these divisions are by abbreviations and
fractions. (See Figure 3.) The number of acres in each
tract is easily computed.
The rectangular system of survey has been a great aid
in the subdivision and location of farm lands ; it greatly
Figure 2. — Six Miles Square.
6
5
4
3
2
1
7
8
9
10
11
12
18
17
1G
15
14
13
19
20
21
22
23
24
SO
29
28
27
34
2G
25
31
32
33
35
36
Figure 3. — One
Mile Square.
NWi
N^NEi
SEi
NE±
Si
reduces the number of boundary disputes, it determines
very largely the location of country roads. Moreover, the
Congressional township has become, in a great many in-
stances, the area within which the political township or
town has been organized. This town, however, need not
coincide with the Congressional township ; it may be
greater or smaller in area.
i/4 THE NATIONAL GOVERNMENT.
SUPPLEMENTARY QUESTIONS AND REFERENCES.
i. For the history of land cessions, references are given in Govern-
ment in State and Nation, p. 334, question 1.
2. The topics treated in this chapter are discussed in Harrison, This
Country of Ours, pp. 270-279.
3. Government in the Philippines, Arena, 24: 281-292. An article by
Governor Taft on this subject, Outlook, 7: 3°5~3ii- The
Government of our new possessions, Outlook, 64 : 353-356,
Rev. of R's, 24 : 697-700.
4. The Government of Porto Rico, N. Am. Rev. 174: 159-174; Rev.
of R's 21: 517-519-
5. The Government of Indian Territory, Forum, 28: 737-74°; 34 =
466-480; Rev. of R's. 23: 451-458. Garland, The Red Men's
Present Needs, N.Am. Rev., 174: 479-488.
6. Irrigation in the West, Forum, 32: 573-5 81 '- 33 : 366-37 1 ; N -
Am. Rev., : 74 : 245-258; Outlook, 70: 907-gio; R. of R's, 25:
75-80; 401-402.
CHAPTER XVIII.
AMENDMENTS TO THE CONSTITUTION.
Methods of amending the Constitution. — We have al-
ready considered the effect of amendments on some
of the original clauses. 1 It now remains to consider,
briefly, the methods of amending the Constitution and a
few other provisions found in the amendments. Article V
provides for amendments as follows : —
The Congress, whenever two-thirds of both houses shall
deem it necessary, shall propose amendments to this Con-
stitution, or, on the application of the legislatures of two-
thirds of the several States, shall call a convention for pro-
posing 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 proposed by the
Congress ; provided that no amendment which may be made
prior to the year one thousand eight hundred and eight shall
in any maimer affect the first and fourth clauses in the ninth
section of the first article ; and that no State, zvithout its
consent, shall be deprived of its equal suffrage in the
Senate.
Thus, amendments may be proposed in either of two
1 For Amendment XI, see pp. 159-160; fur Amendment XII, see p. 120.
'75
176 THE NATIONAL GOVERNMENT.
ways : by a vote of two-thirds of both houses of Congress ;
or by a National convention called by Congress for that
purpose on the application of two-thirds of the State
Legislatures. The convention method has never been
used in proposing amendments to this Constitution.
Amendments may also be ratified in two ways : by the
Legislatures in three-fourths of the several States ; or by
conventions in three-fourths thereof. Congress has always
selected the first of these methods.
Amending the Constitution Difficult. — That it is difficult
to amend the Constitution may be seen when we consider
that some two thousand amendments have been proposed
in an official way. During a single session of the 57th Con-
gress, fifty amendments, on twenty different phases of gov-
ernment, were proposed in one or other of the houses
of Congress.
Amendment XIII. — The purpose of the first ten amend-
ments have already been noted, on p. 114.
The XHIth, XlVth, and XVth amendments were the
results of negro slavery. The Emancipation Proclamation
granted freedom to all of the slaves in the States then in
rebellion. There were some States, however, as Ken-
tucky, Tennessee, and Missouri, where slavery might still
exist legally. In order to be rid of this institution alto-
gether, Congress proposed the Xlllth Amendment to the
Constitution, which is as follows : —
Neitlier slavery nor involuntary servitude, except as a pun-
ishmeut for crime whereof the party shall have been duly
convicted, shall exist within the United States, or any place
subject to tht ir jurisdiction.
AMENDMENTS TO THE CONSTITUTION. 177
Congress shall have power to enforce this article by ap-
propriate legisla tion.
It was declared a part of the Constitution, December 18,
1865.
Amendment XIV. — This amendment was proposed by
Congress, June 16, 1866, as a part of the general plan
for reconstruction. The Southern States were not to
be regarded as a part of the Union until they should
ratify it. The entire amendment, given in Appendix A,
should be read. Sections 1 and 2, however, contain the
most important provisions. Section 1 has already been
partially discussed on p. 98, under the question, " Who
are citizens ? " Section 2 has also been considered on
p. 53, in connection with the apportionment of repre-
sentatives.
Congress has at different times removed the disabilities
from certain of the classes mentioned in Section 3. Finally,
an act of June 6, 1898, removed the last disability imposed
by this section.
Amendment XV. — In order to secure full political rights
for the negroes, the XVth Amendment was passed, as indi-
cated on p. 51.
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, color, or previous condition of
servitude.
The Congress shall have pozver to enforce this article by
appropriate legislation.
N
178 THE NATIONAL GOVERNMENT.
SUPPLEMENTARY QUESTIONS AND REFERENCES.
1. What facts can be given showing the difficulty of amending the
Articles of Confederation ? Fiske, Critical Period, 218-220.
2. Is it now considered difficult to amend the Constitution ? Bryce,
American Commonwealth. I. 359-362 (368-371).
3. What were the conditions under which the Emancipation Procla-
mation was issued ? Wilson. Division and Reunion, 226-228.
•*„ Was the adoption of the XVth Amendment a wise policy?
CHAPTER XIX.
THE GOVERNMENTS OF THE WORLD.
Kinds of Governments. — It is customary to classify the
governments of the world under two heads : (i) Republics,
(2) Monarchies. The real nature of our Republic may be
made more apparent by a comparison of our system with
that of other republics, and with the governments of certain
great monarchies.
Our Federal Republic. — It has been emphasized in the
course of our study that the States are vital parts in the
political system which we call the Republic of the United
States. The States arc not mere administrative divisions
of the Nation ; they do not stand in the same relation to
the National Government that counties bear to the State.
They do not derive their powers from the National Govern-
ment ; nor, on the other hand, does the latter derive its
powers from the States. The source of power for both is
the same--" the people themselves, as an organized body
politic." The United States is, then, a Federal Republic.
It is essential to understand that, in the division of powers
between States and Nation, the latter is sovereign over the
matters that are placed within its jurisdiction ; but it is a
feature of our system no less essential (though less clearly
understood by the people)that the States are as completely
sovereign over matters that lie within their control.
180 THE NATIONAL GOVERNMENT.
France a Centralized Republic. — In France we find an
entirely different type of republic — not federal, but cen-
tralized. France is divided into eighty-six departments,
which correspond in some respects to our States. But in
their relation to the central government the difference is
very striking ; for the departments are merely administra-
tive divisions of the central government. They have no
original and no sovereign powers of government. The
chief authority in each department is a prefect, who is ap-
pointed by the Ministry of France (the central executive
body) and is responsible to it. There is a legislative body
in each department, called the general council, but the
powers of this body are very much restricted.
The national government of France exercises legislative
authority upon many subjects in the departments, and it
administers the laws directly. Consequently, the people's
powers of local self-government are very much less exten-
sive than those enjoyed by the people in the United States.
There result in France much greater uniformity of legis-
lation and more effective administration ; while in many
parts of the United States local self-government results
in corrupt laws and wasteful administration. But we
believe that the people will become educated in the use
of political power if the responsibility for its use rests
upon them, rather than upon some central authority.
The Swiss Republic. — An example of a federal repub-
lic is the government of Switzerland. Here the cantons
correspond to our States, and each canton has control
over its own local affairs, without interference from the
federal government. The chief features of the French
THE GOVERNMENTS OF THE WORLD.
181
and the Swiss governments are indicated in the accom-
panying outline: 1 —
United States
Congress
Senate
Two members from
each State
Six years
House of Repre-
sentatives
386 members elected
by people
Two years
President
Elected by electors,
i.e. by the people
of the States
I-Wir years
Cabine}
Nine members ap-
pointed by Presi-
dent and Senate
Switzerland
Federal Assembly
State Council
Two members from
each canton
National Council
147 members elected
by people
Three years
Pr^^t
ElectedB Bederal
Assembly
One year
Federal Council
Seven members
elected by Federal
Assembly
France
The Chambers
Senate
300 members elected
by an electoral col-
lege in each depart-
ment
Chamber of Deputies
584 deputies elected
by people
Four years
President
Elected by National
Assembly ; i.e. Sen-
ate and Chamber
of Deputies in joint
session
Seven years
Ministry
Twelve members ap-
pointed by Presi-
dent
Constitutional Monarchies. - - The monarchies of Europe
are classified as (1) constitutional and (2) absolute, Russia
and Turkey being the only ones of the latter class. In
constitutional monarchies the ruler holds his position by
heredity, but there exists also a constitution, which defines
1 Among the South American republics, Brazil, Mexico, and Argentine
Republic are federal in nature, like the United States and Switzerland.
182 THE NATIONAL GOVERNMENT.
the distribution of powers among the branches that com-
pose the government and fixes the limits of authority vested
in each. "The British constitution is partly written, as
found in the great historical documents of English history,
such as Magna Charta (121 5), the Petition of Right (1628),
and the Bill of Rights (1689) 1 ; and partly unwritten, con-
sisting of precedents and customs which are recognized as
authoritative. The constitutions of the other monarchies
of Europe were made during the nineteenth century, and
consequently they are younger than that of the United
States.
In all the constitutional monarchies we find legislative
bodies similar to our Congress. In every case the lower
house is elected by the voters; 2 in England, the Austrian
Empire, Italy, and Spain, a number of the members of the
upper house hold their position by hereditary right. In
respect to legislation, therefore, the constitutional mon-
archies are all more or less republican in principle ; that
is, they all recognize the supreme authority of the_people
acting through their representatives.
The Cabinet System of Government. — In the relations
existing between their legislative and executive depart-
ments, the European governments differ considerably from
that of the United States. In our government we find,
theoretically at least, that these departments are separated ;
in the European governments there is a close interdepend-
ence of the legislative and executive branches, through
some form of "cabinet responsibility." This "cabinet
system " of government is found in the republics as well as
1 Compare the " Bill of Rights " in our Constitution; see pp. 256-257.
2 Property qualifications for suffrage arc common in European countries
THE GOVERNMENTS OF Till: WORLD.
in the constitutional monarchies of Europe, and m L m-
self-governing British possessions, such as Canada and the
Australian colonies. 1 The difference between the Con-
gressional and the cabinet systems is greater in appearance
than in reality ; for in the United States the President
and his Cabinet exert considerable influence upon legisla-
tion.
England
Germany
Monarch — hereditary in the line
Emperor — hereditary
fixed by Parliament
King of Prussia
Cabinet
Ministry
Nineteen members - chosen by
Eight ministers, Chancellor at
the Prime Minister
the head, appointed by the
Emperor
Parliament
Parliament
Limit of term, seven years
Term, five years
House of Lords
Bumlesrath or General Council
586 members, holding seats
58 members appointed by the
(1) by heredity, (2) by
German States
appointment by Crown,
(3) °y election ;i
House of Commons
Reichstag or Diet of the Realm
670 members elected by the
397 members elected by the
people of England, Scot-
people
land, and Ireland
1 This system finds its best illustration in the English government, of which
a brief description will be found in "Government in State and Nation," pp.
178-179. For references, see questions 12, 15, and 1 6, p. 181.
2 The number of members in the Ministries of England and Germany
varies.
3 Irish peers are elected for life, and Scottish peers are elected for the dura-
tion of a Parliament.
184 THE NATIONAL GOVERNMENT.
The Government of Russia. — " The government of Rus-
sia is an absolute hereditary monarchy. The whole legis-
lative, executive, and judicial power is united in the Czar,
whose will alone is law. There are, however, certain rules
of government which the sovereigns of the present reign-
ing house have acknowledged as binding." * There are
four great councils which assist the emperor in the govern-
ment of Russia. The country is divided into administra-
tive districts, which are presided over by representatives of
the Emperor and have supreme civil and military authority.
The people of Russia, have, however, some measure of
local self-government. This is seen in the communes,
where the people {i.e., the householders) hold general
meetings for the purpose of discussing local affairs and
electing officers.
The Form and the Spirit of Government. — The study of
other governments and the comparison of them with our
own will teach us that the virtue of a government resides,
not in its framework, but in its spirit. A government may
be monarchical in form and republican in its practical
workings. In England and in others of the European
monarchies, the will of the people is the law of the land.
On the other hand, a government may be republican in
form, and very unrepublican in its methods of operation.
There are cities and States in our country where one man,
the political boss, or a group of men, the political machine,
dictates the course of legislation and controls the adminis-
tration of the law. Here we find, in reality, not republican
governments, but despotisms or oligarchies.
1 " Statesman's Year Book," 1902, p. 976.
THE GOVERNMENTS OF THE WORLD. 185
The final test of a government is found in the responsive
ness of the governing authorities to the will of the majority
of the people. Wherever republican institutions are found,
whether in republics or in monarchies, the people may
rule if they will. Monarchical and aristocratic institutions
do not in our time stand long in opposition to a determined
public opinion ; and, on the other hand, a framework
of republican institutions will not insure the execution of
the popular will. This can only be secured where high-
minded citizens are vigilant in the performance of their
political duties.
SUPPLEMENTARY QUESTIONS AND REFERENCES.
1. The relations of nations are governed by the rules of international
law, Government in State and Nation. 352-354.
2. What progress has been made in the direction of settling disputes
between nations by arbitration instead of by war? Government
in State and Nation, 354-357. Forum, 31: 197-2*8 ; Rev. o'
R's, 21: 51-55.
PART III.
STATE GOVERNMENTS.
CHAPTER XX.
THE ORIGIN OF STATE GOVERNMENTS.
The First States. — In the study of United States his-
tory, we learn how the thirteen English colonies were
planted, and how they became populous and finally threw
off the authority of the mother-country. The period of
the Revolution, when independence was secured, is also
the period when the colonies transformed themselves into
States. This change was not a radical one, for each State
government was modeled closely upon the colonial govern-
ment that was superseded. We must study the colonial
governments, then, to find the origin of the systems estab-
lished in the thirteen original States. These States in turn
influenced the forms of government adopted by the new
States as they were admitted into the Union.
The New States of the West. — As in local, so in State
government, the settlers of the West carried with them the
ideas to which they had been accustomed in the sections
from which they migrated. Doubtless, too, the people of
the West have been much influenced in the formation
I v.
THE ORIGIN OF STATE GOVERNMENTS. 1S7
of their governments by the example of neighboring com-
munities and by the model set for them by the United
States government.
The colonial governments had many features in common ;
for they embodied the political traditions of the mother-
country. There were in each colony legislative, executive,
and judicial departments.
Colonial Assemblies. - - The most noticeable feature of
these governments is the assembly which existed in every
colony and was in every case elected by the people. Here
we find the principle of representative government, which
had been recognized in England as essential to politi-
cal liberty, cherished and maintained by Englishmen in
America. The colonial assemblies had various names. In
Virginia the members of the House of Burgesses were
elected from the counties; in Massachusetts deputies were
elected to the General Court from the towns.
Governors of the Colonies. — There was less uniformitv
in the executive departments of the colonies, for, although
each had a governor, these officers obtained their positions
in three different ways. At the time of the Revolution,
the governors of eight colonies were appointed by the
King of England ; the governors of Pennsylvania, Mary-
land, and Delaware were appointed by the proprietors of
those colonies; and the governors of the two remaining
colonies — Rhode Island and Connecticut — were elected
by the voters in accordance with the provisions of their
charters. Because of these differences, we classitV
colonial governments as (1) Royal, (2) Proprietary, and
(3) Charter. In several colonies the governor was assisted
iSS STATE GOVERNMENTS.
by a council, and this bod)- was sometimes the upper house
ol the colonial legislature.
In these colonial institutions, then, we find the model for
our present State governments, with their governors, leg-
islatures, and judicial officers. Since the governors in
most colonies represented the authority of the Crown,
while the assemblies represented the people, disputes as
to the authority of each were common. On the whole,
the assemblies succeeded very well in maintaining their
right to control the most important colonial affairs, in-
cluding the raising of taxes. We find in these contests
between royal governors and popular assemblies that
spirit of free government which finally inspired the revolt
against the mother-country.
Colonial Charters. — In our early history we learn that
many of the colonies were founded on the basis of charters,
granted by royal authority. A charter contained a grant
of land to an individual or to a company, and also a plan for
the government of the colony. It was regarded as a sort
of fundamental law to which the laws of the assembly and
the orders of the governor must conform. If any of these
laws or orders was considered to be in violation of the
charter, the case was appealed to the colonial courts, or to
the English government, and as a result, the act might
be set aside by these authorities. Some colonies, Virginia,
for example, lost their charters ; but even then, the funda-
mental ideas of their colonial governments, derived chiefly
from these charters, were regarded as established, and
not subject to change. So in every colony there grew up
the idea of a government based on fixed principles, em-
THE ORIGIN OF STATE GOVERNMENTS. 189
bodied in charters, in written orders, or in well-established
customs.
Origin of State Constitutions. — In these facts we find
the explanation of the State constitutions that were
adopted during the period of the Revolution. When, by
the advice of the Continental Congress, the authority of
the English government was thrown off, it seemed necessary
for each colony to make a re-statement of its plan of gov-
ernment, of the authority vested in each department, and
of the fundamental principles that were to be the guide of
all political action in the new States. Connecticut and
Rhode Island preserved their charters as constitutions ;
the former until 18 18, and the latter until 1842; in each
of the other States a constitution was adopted between the
years 1776 and 1784.
How Constitutions are Formed. — Since our present
National government went into operation (1789) thirty -two
new States have been added to the original thirteen, and
each has adopted a constitution as the basis of government.
A State constitution is framed by a convention which is
elected by the voters for that purpose. In most cases,
after the completion of its work the convention submits
the document to the voters for acceptance or rejection.
The Contents of a State Constitution. The constitution
contains (1) a Bill of Rights stating the most important
principles that should be recognized by any free govern-
ment; (2) an outline ol the frame of government with its
three departments ; and (3) miscell meous provisions, often
very numerous, statin:; those features oi the State govern-
1 9 STATE GOVERNMENTS.
ment which are regarded as of so much importance that
they should not be changed by the ordinary process of
enacting a law. The changing of a constitutional pro-
vision by amendment must include not only its approval
by the legislature (sometimes two legislatures in succes-
sion must approve it), but also its ratification by vote of
the people.
SUPPLEMENTARY QUESTIONS AND REFERENCES
1. Is your State one of the original thirteen States ? If so, how has
its government been changed since the adoption of the first
constitution ?
2. If yours is one of the Western States, how has the organization
of its government been influenced?
3. How may your constitution be amended?
4. On the origin of State governments, see Thwaites, The Colonies,
58-63, 192-193, 271-277 ; Fisher, The Colonial Era, 208-211 ;
Hart, Formation of the Union, 5-10, 13-17- 80-81 ; Channing,
The United States of America, 26-36, 84-85 ; Sloane, French
War and Revolution, 10-12.
5. Ho-.v are State constitutions amended ? Bryce, Vol. I, 419-420
(433-435) ; Ashley, The American Federal State, 566-571.
6. Are State constitutions changed frequently ? Bryce, Vol. I, 440-
442 (456-458).
7. Why are so many miscellaneous provisions included in Bills of
Rights? Bryce, Vol. I, 426-428 (442-444).
CHAPTER XXI.
STATE LEGISLATURES.
The State Capital. — The capital city of a State is
usually the center of its political life. This is especially
true when the capital is also the metropolis, as in the case
of Boston, or Indianapolis. In most cases, however, the
seat of government is located in a smaller city. Here is
the capitol building, where the legislature meets in its reg-
ular sessions to enact laws for the State.
Legislatures are Representative Bodies. — A legislature
is a most interesting body. In it sit the men whom the
voters have selected to act for them in the important
business of law-making. The legislators should therefore
represent accurately the general opinion of the majority
in the different sections of the State. Very often this
theory is not realized in practice ; for there are obstacles
as we shall see, that stand in the way of exact representa-
tion.
Legislatures ' vary greatly in size, the numbers ranging
from fifty in Oregon to four hundred in New Hampshire.
There are always two houses, one called the senate, and
the other the house of representatives, or assembly. The
latter contains the larger numbei oi members. In some
1 In many States the term "General Assembly" is used.
191
ig 2 STATIC GOVERNMENTS.
cases the terms of members of the two houses are the
same, but more frequently the senators have longer terms
than the representatives or assemblymen. Each house
has a presiding officer. In the lower house a speaker is
elected, while the lieutenant-governor is president of the
senate in most States. There are, besides, clerks, the
sergeant-at-arms, door-keepers, and other officers.
Salaries and Sessions. — Members of legislatures are
paid regular salaries ; sometimes they receive a regular
amount per day, or it may be a certain amount for each
session or per year. In nearly every State sessions of the
legislature occur biennially, only six States 1 having annual
sessions.
Legislative Districts. — Members of legislatures are
elected from districts into which the State is divided.
There are generally two sets of districts for the members
of the two houses, respectively. In the formation of the
districts, which is the work of the legislature, certain rules
must be followed. These rules concerning apportionment
may be prescribed in the State constitution. One such
rule requires that the districts shall be as nearly uniform
in population as practicable. The shifting of population in
the course of years destroys the equality of districts in this
respect, and so States are re-apportioned periodically ;
that is, new districts are made after a census has been
taken. Districts are also supposed to be compact and
convenient in shape. Sometimes the district lines are
purposely arranged so that one political party will have the
1 These are Massachusetts, Rhode Island, New York, New Jersey, South
Carolina, and Georgia.
STATE LEGISLATURES. [93
greatest number of votes in a majority of the districts.
When this is done in violation of the rules governing
apportionments, we have a "gerrymander." This is one
way in which unfair representation of the people in the
legislature may come about.
The Introduction of Bills. — All meetings organized for
the transaction of business are governed by certain rules
of parliamentary practice. Legislatures adopt such rules,
and these contain detailed regulations which must be fol-
lowed in the enactment of laws. Any person may propose
the ideas for a new law, and may put them into the pre-
scribed form of a "bill " ; but only a member of the legis-
lature may introduce the bill. This is the first step in the
process of its passage. The bill is no sooner introduced
than it is referred to a committee,, and this step requires
some explanation.
Why Committees are Necessary. — When a legislative
body is composed of a large number of members, and
when a great amount of business is presented for its con-
sideration, it becomes necessary to divide the work among
groups of members, called committees. This is because it
is impossible for every member to give time and attention
to every item of business. So in the houses of a legisla-
ture we have a large number of committees. To each are
referred bills on certain subjects. There are committees
on the appropriation of money, on taxes, railroads, educa-
tion, public buildings, and on a great many other subjects.
Committees hold sessions which are secret, unless they call
in outsiders to give testimony or to make arguments relat-
ing to bills that are before them for consideration. After
o
194 STATE GOVERNMENTS.
considering a bill, the committee is supposed to report to
the house its judgment in the matter.
The Work of a Committee. — A committee has great power over
the bills given into its charge ; it may change them or substitute a new
bill for any of them. It may fail to take any action whatever upon a
certain bill, and so in reality determine that it shall not become a law.
The house may, however, order the committee to report the bill. In each
case, when it reports a bill, the committee recommends that it should
or should not pass. In most cases this recommendation is accepted by
the house without question ; for there are so many bills that only the
most important can receive attention during the course of the session.
A few bills, then, are fully debated and attract public notice ; the great
majority become laws without having received much consideration ex-
cept such as was given them by the committees.
The Passage of a Bill. — When a bill has passed one
house of a legislature, it is sent to the other. Here it
goes through the same process as before. It may be
amended by this house, then it must be returned to the
house where it was introduced and be repassed in its new
form before going farther.
Conference Committees. — If the two houses cannot agree
upon the details of a bill, a conference committee may be
appointed, composed of members from both of them. This
committee endeavors to arrive at a compromise which will
be acceptable to both houses. Generally, the result reached
by the conference committee is accepted without further
debate, and the bill is then passed.
Methods of Voting. — There are several methods of vot-
ing upon the passage of a bill, (i) If a vote is taken "by
acclamation," the members answer in unison " aye " or
"no." (2) A rising vote may be called for, if the result is
STATE LEGISLATURES. 1 95
in doubt, and then the members voting on each side must
be counted. (3) Upon the passage of important bills,
State constitutions provide that the vote shall be by "yeas
and nays " ; or a request from a certain number of mem-
bers may cause the vote to be taken in this way. Then
each member's name is called, and he responds by giving
his vote. This is made a matter of record in the journal
of the house, so that the public may know the attitude of
every member on the bill. Since the latter generally wish
to retain the good opinion of their constituents, the taking
of votes by this method may serve as a check upon unwise
legislation.
The Governor's Approval or Veto. — Having passed both
houses by majority votes, the bill is next sent to the gov-
ernor for his signature. In all but three States (Ohio,
North Carolina, and Rhode Island), if the governor dis-
approves of the bill, he may veto it. In that case he
returns it to the house where it originated, with his reasons
for refusing his signature. If this house repasses the bill
by a two-thirds majority, it is sent to the other house, and
if it receives a similar vote here, it becomes a law without
the governor's signature.
The Lobby in Legislatures. — This, in general, is the
way in which laws are enacted. We must not think that
bills have their origin in the common opinion of the entire
body of legislators, or even in that of a majority of them.
In every case a certain person is interested in putting a
bill into form, introducing it, and persuading others to vote
for it. Whether a bill receives any attention, therefore,
196 state governments.
depends as much upon the activity and skill of its pro-
moters as it does upon the merits of the measure. By far
the greater part of the work that is necessary to bring
about the enactment of a law must be done outside of the
legislative sessions, either in the committee rooms, or in
the lobbies of the capitol, or at the hotels and other places
where members congregate. It is the personal solicitation
for votes that really determines whether a bill shall pass,
rather than the public debates. Work of this nature, either
for or against a pending bill, is called "lobbying." "The
lobby" is composed of persons, not members of the legis-
lature, who use their influence during a session to bring
about the passage or the defeat of a bill.
Why Bad Laws are Enacted. — Now, the facts above
stated apply to the passage of both good and bad meas-
ures. Some of the latter kind become laws because mem-
bers have been offered inducements to vote for them.
These inducements may be in the form of political advan-
tages and influence to be used in favor of these members ;
or appointments to positions for members or their friends ;
or money itself may be paid for votes. Because so many
corrupt means are employed to obtain votes, the term
" lobbyist " has taken on a bad meaning. Laws have been
enacted which are intended to check the evils of lobbying ;
but these are not very efficient. The only safeguard
against bad laws will be found in the election to our legis-
latures of men who cannot be bribed.
Another source of evil legislation is the haste with
which laws are sometimes passed. Toward the end of a
session, especially, bills are voted upon without adequate
STATE LEGISLATURES. 1 97
time and attention being- devoted to them. As a conse-
quence, bad measures slip through unnoticed.
Again, members of legislatures may be induced to vote
for unwise bills merely because they are favored by one
political party or the other. When a member "votes with
the party " under all circumstances, he surrenders his inde-
pendence and becomes a part of the " political machine "
regardless of the people's interests.
Restrictions upon Legislatures. — Probably the most
fruitful source of bad laws is the greed that is displayed
by many persons who have political influence. The public
treasury is regarded by them as legitimate plunder, and
numberless schemes are originated for getting money
from it without rendering to the State a fair return. Con-
sequently, constitutions contain restrictions upon the en-
actment of laws relating to finances. In many other ways
State legislatures are restricted in the subjects and the
manner of legislation. Evidently this is necessary because
the representatives of the people sometimes betray public
interests. It is exceedingly desirable, therefore, that citi-
zens should be intelligent in political matters and watchful
in guarding their rights. But, we repeat, the surest way
to have good laws is to elect good men to our legislatures.
SUPPLEMENTARY QUESTIONS.
For the study of your State legislature: —
1. Learn the number of members in each house ; the time of then-
election ; their terms and salaries. What officers has each
house ?
2. When was the last apportionment made? In what districts do
you live ? Compare their size and population with othci' districts.
198 STATE GOVERNMENTS.
3. The Blue Book or Legislative Manual gives the list of committees
for each house ; also the exact procedure in the passage of bills.
4. Is lobbying an evil in your legislature ? Can you find instances in
which persons lobbied for a good law ?
5. How does your constitution restrict the legislature as to (1) the
manner of enacting laws ; (2) the subjects of legislation? Why
is each restriction necessary ?
REFERENCES.
1. Interesting facts concerning State legislatures are given in Bryce,
I, 466-470 (486-490). Their faults are discussed on pp. 526-531
(550-555)-
2. Many important items regarding legislatures in all the States are
tabulated in Ashley, The American Federal State, 584-585.
3. What is meant by "proportional representation"? Government
in State and Nation, 13-14; and references, 18.
4. Direct legislation (initiative and referendum), Ibid., 14-15, and
references. 18.
5. What abuses exist in connection with legislatures ? N. Am. Rev.,
170:367-373. What remedies may be suggested ? Ibid., 373-383.
Who is responsible for corrupt legislation ? Outlook, 71 : 469-471.
CHAPTER XXII.
STATE EXECUTIVE AND ADMINISTRATIVE DEPART-
MENTS.
The Governor : His Salary and Term. — We have noticed
in a previous chapter the necessity for having chief execu-
tives in towns, villages, and cities. The State, also, has
its head executive officer, the governor, who is elected by
the people. A lieutenant-governor is elected at the same
time with the governor, and he acts in the place of the
latter when there is a vacancy. The governor resides at
the State capital, and has offices in the capitol building.
The State may also provide an " executive mansion," to be
used as the governor's residence. The salaries paid to
governors vary in different States from $1500 to $10,000 a
year. In about one-half of the States the governor's term
is two years ; in the other half it is four years, except that
in Massachusetts and Rhode Island it is one year, and in
New Jersey three years.
The Execution of Laws. — As the governor is the chief
executive of the State, his most important powers are
directed toward the enforcement of the law. Under or-
dinary circumstances the violation of the laws is checked
and punished by officers of the local governments. We
have seen that it is the duty of sheriffs and police officers
199
200 STATE GOVERNMENTS.
to execute State laws in their respective localities. The
same may be said of other executive and administrative
officers in the local divisions. In some cases the neglect
of duty by one of these officers may be the cause of his
removal by the governor. But under ordinary circum-
stances the governor has little occasion to interfere with
the local administration of the law. In times of public
tumult, however, when disorder or rioting prevails in any
locality to such an extent that the local officers cannot
control it, the governor may take charge of affairs for the
purpose of bringing about peace and order. He does this
with the help of the State militia, or the National Guard,
as this is called.
The State Militia. — Militia companies are organized in almost every
State of the Union. Each company is composed of men who are
banded together for purposes of military drill ; they are furnished with
arms and uniforms, and they pledge themselves to respond to a call for
service at any time. The governor is the commander of the State
militia, and there are officers subordinate to him. Sometimes the
militia is called out to assist in the protection of property after some
public disaster, such as a flood or a tornado. 1
Legislative Powers of the Governor. — The governor's
powers are not exclusively executive, for he has some powers
in connection with legislation. ( I ) His right to sign and veto
bills may be mentioned under this head. (2) Then, too, he
sends messages to the legislature recommending measures
that he thinks wise. (3) He may call a special session of
the legislature to consider any matter that requires imme-
diate attention. Besides these direct legislative functions,
1 We speak here of the organized militia. For another use of the term,
see p. 106.
EXECUTIVE DEPARTMENT. 201
the governor generally exerts great influence in connection
with the work of the legislature. He is naturally one of
the leaders of his party, and his followers look to him for
the framing and the carrying out of policies that will in-
crease their party's influence. Sometimes this considera-
tion, rather than the general interests of the people, seems
to determine the governor's attitude toward the making
and the enforcement of laws.
The Pardoning Power. — The governor has at least one
function that would be classed as judicial. He may pardon
criminals who have been sentenced to punishment by the
courts. This may be done at any time before the expi-
ration of the term of punishment. The friends of the
prisoner petition the governor for the pardon, and he
reviews the testimony and hears arguments in the case
before deciding it. The withholding of the punishment for
a time is called a reprieve ; if the punishment is changed by
the governor to one of less severity, it is a commutation.
In a few States the pardoning power is vested in a board
instead of in the governor. This may be because of a
desire to relieve the latter from the labor involved in such
affairs; or because the pardoning power in the hands of
governors has sometimes been abused.
The State Administrative Officers. — The governor is
incapable of attending to all the details involved in admin-
istering State affairs ; so there are many other State
officers with whom he shares these duties. Some of these
will now be mentioned.
Like the clerk in the local government, the Secretary of
State is the keeper of State records. In his office the
202 STATE GOVERNMENTS.
laws and other official acts are recorded, and to them the
official seal of the State is given. The State Treasurer
collects and pays out money. Most states have an officer
called auditor or comptroller, who has very important duties
in connection with finances. It is his business to examine
and approve or disapprove all orders for the payment of
money; so that unjust claims may not be paid. FLe
attorney-general of the State is a lawyer who gives legal
advice to the governor and administrative officers, and
who takes charge of important suits in which the State is
a party.
The administrative officers mentioned above are in most
instances elected by the people at the same time with the
governor and the members of the legislature. Among
those that are now to be enumerated, the larger number
are appointed by the governor, though in some cases they
obtain office by election.
Penal and Charitable Institutions. — A very important
part of the work of a State is found in its support of penal
and charitable institutions. Under the former fall the
prisons and reformatories. Of the charitable institutions,
there are asylums for the insane, schools for the deaf and
blind, and homes for dependent children. The manage-
ment of these institutions is carried on in several different
ways, (i) There may be a separate board of trustees for
each institution. In most cases each board exercises its
powers independently of the others. (2) Since uniformity
of management seems desirable, to some extent, many
States have central boards which have power to inspect
these institutions and more or less power to supervise their
EXECUTIVE DEPARTMENT.
203
management. (3) In a few States the process of central-
ization has gone a step farther : the separate boards of
trustees have been abolished, and the entire control of all
the institutions is given to a single board.
The Department of Education. — The management of our
public schools, we shall see in a later chapter, is princi-
pally in the hands of local officers — the school boards of
towns, villages, and cities. But every State has also a State
superintendent or a board of education, who supervise to
some extent the administration of State laws by the local
boards. Considerable influence may be exerted by the
State department of education in the direction of raising
the standard of qualifications for teachers and in promot-
ing the progress of education throughout the State. When
the State supports a university and normal schools, these
have their boards of trustees, or regents.
The State Board of Health. — We have noticed that in
educational matters State officers supervise the local
administration of laws upon this subject. It is one pur-
pose of this arrangement to secure uniformity ; thorough-
ness of administration is another object sought, for local
officers are sometimes lax in the execution of their duties.
These observations apply to other subjects than education,
and among these is the subject of public health. 1 There
are State boards of health that have authority to assist
local health officers, or to compel the latter to administer
the laws properly.
1 Some of the purposes of health regulations have been mentioned. See
p. 4.
204 STATE GOVERNMENTS.
Boards of Examiners. — In many other ways State offi-
cers are engaged in protecting the interests of the public.
There are often boards of examiners who have authority
to grant licenses to persons wishing to practice medicine,
dentistry, pharmacy, or law. Only those who possess
these licenses, and others who are graduates of professional
schools in good standing, may engage in these pursuits ;
and the boards of examiners must enforce the laws on this
subject. By such measures the State protects its citizens
against persons who would impose upon them.
The State Supervision of Industries. — Many States have
officers or boards who administer the laws relating to
banks, railways, and insurance. The powerful corporations
engaged in these kinds of business require supervision
because the interests of vast numbers of people are affected
by their management ; also because these corporations, if
mismanaged, may work such injury to their patrons that no
means can be found for making adequate reparation to those
who suffer. Examples of this may be found in railway disas-
ters and in the failures of banks and insurance companies.
It is becoming quite common for States to undertake,
through special officers, the inspection of factories, mines,
and workshops. The State inspectors enforce numerous
laws, some of which regulate the employment of women
and children ; others require that factories and shops shall
have a proper amount of light and ventilation, that fire-
escapes shall be provided, and that dangerous machinery
shall be surrounded by guard rails.
Game Laws. — Finally, besides guarding the health,
financial interests, and safety of its citizens, the State gov-
EXECUTIVE DEPARTMENT. 205
crnment undertakes to supervise their sports by means of
game laws. These laws aim to protect wild animals
against wholesale or wanton destruction, by prohibiting
hunting except during certain seasons. Similar laws are
enacted for the preservation, and sometimes for the propa-
gation, of fish.
The State Government and the People. — All of the va-
rious activities of the State serve to remind us that the real
source of government is in the people. These laws are
made by their representatives, not by some external author-
ity ; the people take these ways of protecting themselves
against certain evils and inconveniences. The State offi-
cers are not rulers set over the people to enforce their own
wills, but they are the people's servants attending to pub-
lic interests which the citizens could not manage for them-
selves.
Whether the activities of the State government should
penetrate still farther into the affairs that are now man-
aged by local governments, and whether its control should
be extended into new fields and over other enterprises, are
questions very difficult to answer. Such tendencies are
centralizing in nature, and their wisdom is debatable.
SUPPLEMENTARY QUESTIONS.
For the study of your State government : —
1. Learn what you can of the capitol building and the executive
mansion.
2. What is the governor's salary? Is there a "contingent fund'
besides?
3. How many militia companies are organized in the State ? The
State laws tell the number of men and officers composing each
206 STATE GOVERNMENTS.
company, battalion, and regiment. Do you know an instance
when the militia was called into service ?
4. Make a complete list of the administrative officers and boards.
Which are elected, and which appointed ? Schools may obtain
the reports of State officers, showing the workings of the various
departments.
5. What penal and charitable institutions are there? How are they
managed ?
6. What are the State educational institutions? Under whose con-
trol is each ?
7. What are some of the laws relating to factories, and to the em-
ployment of women and children?
8. What are some of the game laws ? Do you think them wise ?
9. Have you noticed any tendency toward the further extension of
the State government into local affairs ?
REFERENCES.
1. The extension of State authority with regard to the management
of roads, Forum, 26: 668-672. Highway Construction in
Massachusetts, Pop. Sci. Mo., 51 : 73-82.
2. General facts concerning State executive and administrative offi-
cers are given in Bryce, Vol. I, Chapter 41.
CHAPTER XXIII.
POLITICAL PARTIES AND ELECTIONS.
The Political Campaign. — One of the most interesting
features of our government is the political campaign that
precedes an election. Not the voters alone, but all the
people, both young and old, discuss the issues, and the
merits of the various candidates. Mass meetings, speeches,
and torchlight processions add to the interest of this time.
Party spirit runs high; but the good nature and quiet that
follow all this display of partisan feeling, when the result
of the election is finally known, teach an impressive lesson.
For here we see the proof that the American people be-
lieve thoroughly in government by the majority. No true
citizen wishes to see his party triumph in any other than
a lawful way, and he believes that order and security are
of greater importance than the temporary success of any
candidate or political party.
In an election, the voters choose the officers who are
to carry on their government. In their work of making
and executing laws, the officers are the people's repre-
sentatives. Hence we see the importance of elections ;
for the character of the government depends in no small
degree upon the character of the men who are to con-
duct it.
Qualifications for Suffrage. — No less important is the
question, " Who shall have the right to vote for officers ? "
207
208 STATE GOVERNMENTS.
In general, we may say that this country has universal, or
manhood, suffrage. This means that all men who are
twenty-one years of age, or older, may vote ; though there
are many exceptions to this rule. In most States of the
Union a voter (or elector) must be a citizen of the United
States ; but in others, a foreigner, who has declared his
intention to become a citizen, has the right to vote. Then,
too, it is usual to require that the voter shall live in his
State for a prescribed time, before he is given the right of
suffrage. 1 Another requirement is, that he shall have
resided in the town, village, or ward where he wishes to
vote, for a certain number of days preceding the election.
The common qualifications for voters, then, relate to age,
sex, citizenship, and residence. There are also certain
classes of persons who are evidently unfitted to exercise
the right of suffrage ; these are the insane, and convicts
who have not been pardoned. Paupers, also, are some-
times denied the right to vote.
Educational Tests for Voters. — Let us now consider
some of the peculiar suffrage requirements fixed by the
laws of different states. 2 A number of States of the Union
have established some kind of educational test for the
voter ; for instance, he may be required to read the Consti-
tution, or to write his name. In several of the Southern
1 Generally, this time is one year; though in many States, as in Iowa
and Minnesota, it is six months, and in some, as in Mississippi and Louisiana,
two years.
2 It will be noticed that suffrage qualifications are the subject of State, not
of National, law. Exceptions to this general statement are noted in " Govern-
ment in State and Nation," p. 48.
POLITICAL PARTIES AND ELECTIONS. 209
States this requirement results in the exclusion of large
numbers of negroes from voting. 1
Woman Suffrage. — The privilege of voting in school
elections has been extended in most of the States of the
Union to women who have the general qualifications for
voters that were enumerated in the preceding paragraph.
In four States, Wyoming, Idaho, Colorado, and Utah,
women have been made electors on the same footing as
men.
Nominations. — The first step in the process of electing
officers is their nomination. This process is under the
control of political parties; so in order to understand it
we must discuss quite fully the workings of our great
party organizations.
Political Parties. — A political party is composed of
voters who have, in general, common beliefs, and who unite
to secure the election of certain men to office. Now, the
voters cannot accomplish this result unless they are organ-
ized. In a large factory or in an army, there must be
leaders and subordinate officers who direct the movements
of the men under their authority; so in a political party
the voters must be guided by leaders. These leaders take
charge of party business and work for party victory. They
are generally the members of the party committees that
each party has in every State and in all the local divisions.
1 The States having educational qualifications at present are Delaware,
Virginia, North Carolina, South Carolina, Alabama, Louisiana, Maine, Massa-
chusetts, Connecticut, Mississippi, Wyoming, and California. In some of these
States persons who own a certain amount of property and those whose ances-
tors voted before 1867 are exempt from the educational test.
2IO STATE GOVERNMENTS.
As the first step in the process of nomination, the com-
mittee of the town, village, or ward calls a meeting of the
voters who belong to their party ; this meeting is called
the caucus, ox primary. The conduct of the caucus is in
the hands of the committee, and in some localities they
determine who may attend and take part.
Why Conventions are Necessary. — In most States the
local elections occur in the spring, and the " general elec-
tion," when county and State officers are chosen, occurs in
November. Now, a caucus may do one or both of two
things. If town, village, or ward officers are to be elected,
it may (i) nominate candidates directly. But if city
officers are to be elected, or if the caucus precedes the
general election, then it must (2) choose delegates to go to
conventions where candidates are nominated. In a large
city, for instance, the voters of a party do not assemble in
one meeting ; but the delegates chosen in the ward pri-
maries meet in a convention and nominate candidates for
the positions of mayor and other city officers. So, too, in
the making of nominations for general elections, there are
county conventions and conventions in the legislative dis-
tricts, where candidates who run for county offices and for
seats in the State legislature are placed in nomination.
These conventions, like the caucuses, are managed by
party committees. The nomination of State officers re-
quires an additional step to complete the process. There
are first caucuses, where delegates are elected to attend
conventions in all the counties of the State. 1 At these
1 The exact process varies in different places ; the conventions may be
held in legislative districts.
POLITICAL PARTIES AND ELECTIONS. 211
conventions, still other delegates are elected to attend the
State convention, which nominates candidates for State
officers. A double convention process may also be re-
quired for the nomination of candidates for Representa-
tives in Congress ; while in the case of a Presidential
election, three sets of conventions may be necessary before
the candidates are finally nominated. 1
Party Platforms. -- It is evident that our methods of
placing candidates in nomination are quite complicated.
This fact increases the necessity for party organization ;
there must be party leaders to manage every step that is
taken. These party leaders are also very influential in
securing the adoption of platforms by the conventions
mentioned above. The platform is a statement of the
policies for which a party stands. Platforms contain
"planks" expressing views upon such subjects as the
tariff, colonial expansion, and trusts. The party pledges
itself in the platform to carry out certain policies if its
candidates are elected.
The Conduct of a Campaign. — Another function of party
managers and committees is the conducting of the cam-
paign. This involves a great amount of labor and the
expenditure of considerable sums of money. Speakers
must be secured, halls rented, and brass bands hired. The
printing and distribution of bills, pictures, and pamphlets
is managed upon a large scale. In the local divisions the
party workers must keep lists of voters and solicit some of
them personally in order to secure their votes.
1 See p. i iS.
2 12 STATE GOVERNMENTS.
The money used for all these purposes amounts to very
large sums. It is collected (i) from candidates, each of
whom is expected to make a contribution in proportion to
the importance of the office which he seeks; (2) from
those persons who expect appointments to office if their
party is victorious ; (3) sometimes others, not candidates,
who are interested in the triumph of their party's policies
give money for campaign purposes ; (4) persons and cor-
porations whose business will be helped by the victory of
one side over the other frequently make liberal contribu-
tions to campaign funds.
The Boss, the Ring, and the Machine. — It is evident that
the principal functions of political parties, i.e., the nomina-
tion of candidates and the management of campaigns, are
in the hands of (1) party committeemen, and (2) delegates
at conventions. These are the party leaders, and they are,
or should be, also the representatives of the voters. The
leaders and managers are, in many cases, completely organ-
ized. That is, the local party workers recognize one of
their number as a sort of captain or boss. He in turn may
be one of the subordinate officers in the party organization
of the city or the state. This may have at its head a group
of politicians, called a ring, or it may be under the con-
trol of a single man, whose influence is recognized in a city
or throughout an entire State. He would then be called a
boss. To the entire organization of superior and inferior
politicians the name machine has been given. Each ad-
herent of the machine works for party success ; he helps
those who are above him in authority, because he hopes to
gain recognition and reward for his work. On the other
POLITICAL PARTIES AND ELECTIONS. 213
hand, he secures the allegiance of his followers, whether
they be the subordinate party leaders or the voters, by
arousing their enthusiasm for the party, and by promising
success at the election if he is supported. When a thor-
oughly organized machine is in control of a party, its
chances for victory are largely increased.
Do Party Machines represent the Voters ? — The ques-
tion arises, Do party machines represent the wishes of the
voters accurately ? In many cases they do not, for several
reasons which we shall now discuss.
(1) It is evident that the wishes of the voters do not
have great influence with the political machine when the
voters do not attend the caucuses. Ordinarily caucus at-
tendance includes only a small fraction of the total number
of voters.
(2) Even when many voters attend a primary, the
majority may not nominate the candidates or elect the
delegates ; for they may not be so well organized as
the minority, and in consequence their votes will be
distributed among numerous candidates. In such a case
the machine will win, because its votes are concentrated
upon one candidate or one set of delegates.
(3) When they fear defeat, unscrupulous men in charge
of a primary may exclude voters by fraud; sometimes they
secure the result they wish by force or intimidation.
(4) In conventions the opportunities for defeating the
will of the voters are many. The delegates may or may not
be instructed to vote for certain candidates. Many times
they violate their instructions, or vote for candidates who
are known to be obnoxious to a majority of the party.
214 STATE GOVERNMENTS.
These things happen because delegates cannot be held
directly responsible for their action in conventions, and
because of the temptations to which they are subjected.
They are often induced to trade votes ; i.e., they vote for a
man on the condition that his supporters will vote for some
other candidate whom they favor. Again, delegates are
persuaded to vote for unworthy candidates by promises of
reward in the form of political appointments and other
favors. Finally, it is too often true that candidates buy
the votes of delegates.
In all of these ways it frequently occurs that bad men
are nominated for office against the wishes of the party
adherents. Consequently, when this happens in both
parties before the same election, the voter goes to the
polls having merely a choice between two candidates neither
of whom is acceptable to him. It is also true that the wishes
of a majority of the voters in a party can be most success-
fully ignored when the party is controlled by a thoroughly
organized machine. Because this has come about most
frequently under the leadership of corrupt politicians, the
words machine, boss, and ring have taken on a bad meaning ;
though there is no reason why a political machine may not
be organized by good men, and managed solely with a view
to representing the will of a majority of the voters.
Election Reform Laws. — Numerous laws have been
passed within recent years regulating such party activities
as committee organization and caucuses. It is the purpose
of these laws to check the evils that have just been dis-
cussed. These are known as "primary reform laws " and
"corrupt practices acts."
POLITICAL PARTIES AND ELECTIONS. 21 5
Direct Nomination. — In some States the system of
"direct nominations" has been adopted, caucuses and
conventions giving place to a "primary election," in which
the voter may cast his ballot for such persons as he wishes
to see nominated by his party for State as well as for local
offices. 1 This system is simpler than the ordinary method,
but it has not been tried sufficiently to determine the extent
to which it will cure the evils of our nominating system.
The Australian Ballot. — We have now followed the
course of the proceedings that are preliminary to the elec-
tion. This final step is conducted under the Australian
ballot system. Its essential features are three in number:
(1) registration, (2) the official ticket, and (3) the secret
ballot.
1. Registration. - - Registration laws require that at cer-
tain fixed dates previous to the election, the voters shall
have their names and residences recorded by election
officials. Registry lists containing all the names are pub-
lished. Persons who wjsh to vote without having been
registered, must "swear in" their votes, i.e., they must
take oath that they are fully qualified. These require-
ments prevent certain practices that once were common,
particularly that of " repeating," when voters went from
one election district to another, claiming residence in each.
In large cities, where illegal voting is hard to detect, per-
sons who do not register are not allowed to swear in their
votes.
1 This i< the legal method of making nominations in Minnesota, and in
parts of California, New York, Ohio, Illinois, Maryland, Michigan, Missouri,
and Oregon.
2i6 STATE GOVERNMENTS.
2. The Official Ticket. — Before the adoption of the
Australian ballot system each party printed its own ticket,
or tickets might be printed by candidates or by other
persons. This made it possible to commit fraud in many
different ways. The " stuffing " of ballot boxes with tissue-
paper tickets which were folded together and made to look
like one ticket, was one of the frauds. Again, a candidate
might print tickets of the opposing party, inserting his own
name instead of that of his rival. Pasters, or gummed
slips, containing one candidate's name were used in the
same way. Many times ignorant and careless voters were
deceived by these devices. Under the Australian ballot
system, the official ticket is printed at government expense,
and it contains the names of the candidates for all parties.
The elector merely marks the names of the candidates for
whom he wishes to vote.
3. The Secret Ballot. — When separate party tickets
were used, and these might be obtained from any person,
it was possible to bribe a voter and then to watch him
until he was seen to cast the particular ballot given to him.
Under the Australian ballot system, on the other hand,
tickets are obtainable only from election officials. The
voter marks his ballot in a booth where he is screened
from view. He may not show his marked ballot to any
one. By these means the direct bribery of voters has been
checked.
The Official Canvass. — When the polls are closed on
election day, the canvass of the votes begins. The ballots
are counted in the voting booths. Reports of the number
of votes cast are sent to city and county clerks; these
POLITICAL PARTIES AND ELECTIONS. 217
officers send tabulated results to the Secretary of State. In
each governmental division there is a board of canvassers
which officially determines the results of the election and
declares who are the successful candidates. To these,
certificates of election are given, entitling them to take
office.
The Theory of Elections. — It is the theory of our gov-
ernment that an election is one means by which the popu-
lar will is expressed. In order that this may be true, every
voter must be able to cast his ballot freely and to have it
counted fairly. But more than this, we must remember
that the process of nomination is an essential step in elec-
tions. Consequently, it is no less necessary that the
caucus and the convention should represent popular
opinion within the party. The voter should have a chance
to make his influence felt in the caucus ; the delegates who
assemble in convention should execute the will of the
voters who choose them, when that is known ; and all
party leaders and candidates should be faithful to the
interests of their constituents.
Independent Voters and Parties. — When these things are
not true, or when the practice does not conform to our
theory of elections, voters who have independence of mind
"scratch" their tickets, selecting the best men regardless
of party connections. Sometimes the independents go
farther and organize independent movements, or new
parties, nominating candidates whom they approve. In
these ways, lack of judgment or misbehavior on the part
of political leaders may be punished.
218 - STATE GOVERNMENTS.
The Citizen's Duty. — Under ordinary conditions, how-
ever, the political work described in this chapter is in the
hands of the regularly organized parties, and the citizen
who has the public interests at heart may exert his influ-
ence most effectively by participating in party activities.
SUPPLEMENTARY QUESTIONS.
Elections in your State : —
i. Suffrage qualifications. Are these fixed by the constitution or by
law ? How may they be altered ?
2. Nominations. What party committees can you learn about ? When
were caucuses last held in your locality, and for what purpose ?
How many were held preceding the last general election? How
many conventions were there ? What did each do ?
3. The election. Draw a diagram showing the arrangement of the
voting booth. What officers have charge of the election ? Ob-
tain a sample ballot and show how it is marked. What does the
law require concerning (1) registration, (2) the printing of bal-
lots, (3) secrecy in voting, (4) the official canvass ?
QUESTIONS FOR DEBATE.
1. Should foreigners who have merely declared their intentions to
become citizens be allowed to vote ?
2. Should there be an educational test for voters ?
3. Should the system of direct nomination be adopted?
4. Is it the citizen's duty to belong to and work with a political party?
5. Should members of a political party always vote a straight ticket ?
REFERENCES.
1. A very complete discussion of our political party system is that
found in Bryce, Vol. II, Chapters 53-75.
2. Suffrage. Historical Changes, Ashley, The American Federal
State, 423-426. Property Qualifications, Holt, Talks on Civics,
37 I- 375- Is Suffrage a Natural Right? Outlook, 68:711-712.
POLITICAL PARTIES AND ELECTIONS.
219
Woman Suffrage, Outlook. 64: 573-574; 65: 430-431. Negro
Disfranchisement, Forum, 32 : 460-465 ; Rev. of R's, 22 : 273 275;
25: 716-718; Outlook, 71 : 163-166. N. Am. Rev., 175 : 534-543.
3. Machine Politics and the Boss, Bryce, Vol. II, Chapters 60-64;
Ashley, The American Federal State, 444-453 ; Atl. Mo.. 86: 289-
299; Rev. of R's, 22: 222-223; Outlook, 69 : 525-527.
4. Primary Reform and Direct Nominations. Forum, 33 : 92-102.
The Minnesota Law, Outlook, 67 : 654-655 ; Rev. of R's. 25 : 716-
718.
5. The Duties of Citizenship. Century Mag.. 59 : 959-960. A series of
articles upon this topic by President Roosevelt are important :
Century Mag., 59 : 466-471; 60: 211-216,939-944. The views of
Justice David A. Brewer are presented in his book entitled
American Citizenship.
CHAPTER XXIV.
TAXATION.
The Purpose of Taxation. — We have more than onoe
commented upon the fact that officers of government are
public servants ; they are employed to conduct business
which individual citizens could not conveniently manage
for themselves. This results in a great saving of time and
effort to people who are busily engaged in their private
affairs. There is also great economy of expense in the
employment of public officers, for the citizens can unite in
hiring these services at much less cost than would be
incurred by acting separately. This does not mean that
government is always made as economical as it might be.
But it is true that the expense involved in the protection
of life and property and in obtaining the conveniences that
all communities need is very small in comparison with the
value of these things, when this expense is divided among
the citizens.
The Property Tax. — Taxation is the process by which
money is raised for public uses. Numerous methods are
employed for determining how much each person shall
pay toward the support of the government. The theory
everywhere employed for this purpose is that each shall
be taxed in proportion to the amount of property he owns,
220
TAXATION. 221
for it is thought that one's ownership of property is the
best evidence of his ability to pay the tax. 1
The First Step : Assessment. — Necessarily, the first step
in this kind of taxation is the process of determining how
much property each person owns. This is the process of
assessment. We have found the assessors, who do this
work, included in the lists of town, village, and city offi-
cers. In some States the assessors are county officers.
The assessor makes a list of all the property owners in his
district, placing against the name of each the description
of his property and its value. When the work of assess-
ment is completed, the total assessed value of all the prop-
erty in the town, village, or city can be ascertained.
The Levying of Taxes. — Another matter which we must
now recall as mentioned in previous chapters, is the tax
levy made by governing bodies, such as the town meeting
or town board, the village board, and the city council.
These bodies determine the amount of tax to be raised for
the support of the local government. It is the proportion
which this amount bears to the total assessed value that
determines the tax rate. If in a certain locality the prop-
erty is valued at $2,000,000, and the amount to be raised
is $20,000, the rate of taxation will be 1 per cent. The
tax of Mr. Jones, whose property is assessed at $1500,
will therefore be 1 per cent of this amount, or $15.
1 The extent to which this theory is correct is a difficult problem which the
student will investigate as he studies more advanced works on government and
political economy. The ease of assessment and collection of the property tax
is another reason for its use.
222 STATE GOVERNMENTS.
Undervaluation. — We must now notice the important
fact that although the law generally requires the assessors
to list property at its full or actual cash value, this require-
ment is seldom observed. The practice of undervaluing
property is very common. Now, if the extent of undervalu-
ation were the same in every case, no injury would result to
any one. Let us suppose, for instance, that property is
uniformly assessed at one-half of its actual value. Then
in the illustration used above the total assessed value would
be $1,000,000, and the rate of taxation would be 2 per cent,
since the amount to be raised is still $20,000. Mr. Jones's
property would be valued at $750 and his tax would be
$15 as before. In a single locality, therefore, uniform
undervaluation merely results in raising the tax rate.
Correcting Errors in Assessments. — But, unfortunately,
the property of some persons is often undervalued more
than that of others; this causes an unjust distribution
of the tax burden. We have in the local governments,
therefore, boards of review or boards of equalization, which
have the power to revise the assessment rolls and correct
these inequalities. A person who thinks his assessment
unfair may appear before this board and ask to have it
reduced. In other cases the board may see fit to raise
the assessments.
Taxes also levied by State and County Authorities. — The
taxing body of the State government is the legislature, and
in the county taxes are levied by the county board. When
these bodies appropriate money for the expenses of gov-
ernment, they must vote to raise amounts sufficient to
TAXATION. 223
cover these expenses. Of course these taxes, like those
raised for local purposes, must be paid by the property
owners. But they are not paid separately, for it is much
more convenient to have the citizen pay all his taxes at
one time and to the same collector. In order that this
may be done, each local government must be informed of
the amount of county and State taxes it is expected to
raise. These amounts are added to the local tax levy, and
as a result the tax rate is increased. The additional
money thus collected is sent in the proper amounts to the
county and State treasuries.
The Apportionment of State and County Taxes. — The
most difficult part of this process is encountered when we
attempt to determine how much each local unit shall pay
of the county expenses, and how much of the State ex-
penses should be borne by each county. Evidently, the
rule in these cases must be the same as that for fixing each
person's tax, i.e., the tax should be in proportion to the
value of the property found in each county and in each
local unit. There is therefore a State board of equaliza-
tion or assessment (or a State tax commission) which
determines a proper valuation for each county and then
apportions the State tax among the counties in proportion
to these total valuations. In the same way some county
authority, generally the county board, determines a proper
valuation for each town, village, and city under its jurisdic-
tion, 1 and then apportions the sum of county and State
taxes among the local units in proportion to their valua-
1 This step is unnecessary in States where the assessors and collectors are
county rather than local officers.
224 STATE GOVERNMENTS.
tions. The county and State boards of equalization do not
accept the total valuations as fixed by the assessors ; for if
the property in one town is assessed at three-fourths of its
actual value, while in another it is assessed at one-half
actual value, evidently the former will bear more than its
just share of the county taxes. This is another way in
which the practice of undervaluation leads to injustice.
The Calculation of the Rate. — It is now evident that
every taxpayer contributes to the support of local, county,
and State governments by the single payment of his tax ;
the tax for each of these governments must be included in
the calculation of the rate. In the illustration already
cited, the amount to be raised in one local unit will be the
local tax, $20,000, plus its share of the county tax, $3500,
plus its share of the State tax, $1500, making a total of
$25,000. This is 1^ per cent, of the assessed value,
$2,000,000. The tax to be paid by Mr. Jones is $18.75.
To this must be added the fee of the treasurer or collector
to whom the tax is paid. If the property owner refuses or
neglects to pay his taxes, they are declared delinquent, and
the property may be seized and sold by the government.
Exemption from Taxation. — Many kinds of property
are exempt from taxation, such as that owned by the gov-
ernment and that which is devoted to purely charitable
and educational purposes. In most States church prop-
erty is also exempt. It is customary for State laws to
exempt from taxation a small amount of personal property,
such as household furniture and clothing.
Real Estate and Personal Property. — The term personal
property just used includes all property that is not real
TAXATION. 225
estate ; the latter term covers lands and buildings merely.
Under the former term, therefore, we include not only
furniture, clothing, and jewelry, but the stock of goods
owned by the merchant and the manufacturer, the horses
and cattle of the farmer, and all wagons, carriages, watches,
and bicycles. Personal property also includes money, and
such evidences of wealth as notes, bonds, stocks, and
mortgages. Now, it is a matter of common knowledge
that the kinds of property last mentioned are frequently
omitted from the tax roll, either because the assessors do
not make an effort to find them or because the owner con-
ceals them or denies their existence. When this is true,
great injustice is caused, for if one citizen fails to pay his
just taxes, the burden which he should bear falls upon his
neighbors ; they must pay more because he has paid less.
This is a great evil in the tax systems of most States.
Consequently, the utmost power of government should be
used to compel the assessment of all kinds of property
that are not exempt.
All persons share in the benefits of our government, but
not all pay taxes ; for the number who have no taxable
property whatever is very large. Yet we must remember
that the renter of real estate pays the taxes on the prop-
erty he occupies when he pays the rent; for if the property
were exempt from taxation, the rate of rent would be lower.
The merchant, also, asks larger profits on his goods, so that
he will be able to pay his taxes. In these ways the burden
is shifted in some measure to those who seem to escape
taxation. Yet it cannot be denied that the property
tax as a rule bears more heavily upon the poor than
upon the rich, for the former are not so able to pay
Q
226 STATE GOVERNMENTS.
the few dollars required of them as the latter are to pay
their hundreds.
Inheritance and Income Taxes. — For this reason, numer-
ous States have enacted inheritance tax laws. Inherited
property, if above a certain amount, is taxed ; and the rate
is made to increase as the amount of property involved
becomes greater. A few States have income tax laws,
intended especially to reach those persons who have con-
siderable incomes but little property.
Corporation Taxes. — Corporations, such as railroad and
insurance companies, are sometimes exempted from local
assessment and are taxed upon the amount of their prop-
erty as estimated by a State board of assessment ; or they
may be taxed upon the amount of their annual earnings.
Other Taxes. — A poll tax is one that is payable by all
male persons between certain ages, except such as are
exempt. Governments derive much revenue from licenses
and from fees of various kinds. Special assessments are
levied against property owners when a local government
makes improvements that enhance the value of their prop-
erty, as by the paving of a street.
How the Government borrows Money. — When a govern-
ment makes a large expenditure for some permanent im-
provement, it is wise to spread the taxation thus made
necessary over a long period of time. So bonds are
issued. These are merely promises to pay the money
that is thus borrowed at a certain time, with interest.
The bonds are generally made to fall due at intervals of
one or more years, so that the tax levy of a single year
TAXATION. 227
may not be unduly increased. Great abuses are liable to
occur in connection with the contraction of debts, because
legislative bodies of all kinds are easily persuaded to bor-
row excessive sums of money. State constitutions often
contain limitations upon the power of the State and the
local governments to borrow money, and in many instances
a special vote of the people is required before the power
can be exercised. We should remember that to borrow is
merely to postpone, not to avoid taxation ; and that the
businesslike method of conducting government finances
is to provide for each year's expenses in the tax levy ; a
reasonable exception to this being found in the case of
extensive public improvements, the benefits of which are
to be spread over considerable periods of time.
SUPPLEMENTARY QUESTIONS.
Taxation in your State.
1 . Who make assessments of property ? Do they assess at full value ?
2. What boards of review or equalization are there ?
3. Who collects taxes ? What fees does he receive ?
4. What kinds of property are exempt from taxation ? Why, in each
case ?
5. Does intangible personal property (notes, bonds, and mortgages)
escape taxation ?
6. What other kinds of taxes are employed, besides the property tax,
to support the State and local governments?
7. What limitations, on the contraction of debts by governments,
are fixed in your State constitution and laws ?
8. What is the rate of taxation in your locality ? How was it calcu-
lated? How much were the taxes of a man whose property was
valued at $2500?
QUESTIONS FOR DISCUSSION.
1. Why do people look upon taxes as a great evil?
228 STATE GOVERNMENTS.
2. Who suffers injustice when property is concealed from the asses-
sor? How should this be regarded by good citizens?
3. Is the income tax fairer than the property tax ?
REFERENCES.
1. General Accounts, Bryce, Vol. I, Chapter 43 ; Ashley, The Ameri-
can Federal State, 478-481; Holt, Talks on Civics, Chapter 31.
2. Taxation Reform, Arena, 23 : 485-491; 25: 499-506.
3. Taxation of Mortgages, Outlook, 66 : 728-729.
CHAPTER XXV.
JUDICIAL TRIALS.
Courts and their Officers. — The system of courts existing
in a State constitutes the judicial department of its govern-
ment. Every court has one or more judges, and for the
trial of most cases juries are necessary as well. The police
officers, such as constables, sheriffs, policemen, and mar-
shals, are also officers of the court. They bring into court
those who are accused of violating the law, and they carry
out the court's orders during the progress of the trial and
at the close when the questions involved in the case are
decided. So the process of arrest, which we have learned
of in previous chapters as an important function of police
officers, is but the first step in the determining of justice.
The Complaint and the Warrant. — Before a person who
is thought to have committed a crime can be arrested, a
formal complaint must be made and sworn to by an officer
or by the injured party. When this is done, a warrant of
arrest is issued by a judge or a justice of the peace. It is
true that a suspicious person or an offender who is caught
in the act may be temporarily detained by a police officer
without a warrant; but he cannot be held for a longer
time unless a complaint or accusation is made against him
which states in precise terms the offense with which he is
229
230 STATE GOVERNMENTS.
charged. Furthermore, this accusation cannot be lightly
made, for the law punishes severely the making of sworn
statements of any kind which have little or no basis in
fact.
Why the Law is not Enforced. — May we not find here
the reason why so many offenses go unpunished ? If
police officers are negligent, they may fail to find sufficient
evidence upon which to make a complaint in legal form.
Citizens who are busily engaged in private pursuits dislike
to search out violators of the law unless their private in-
terests suffer injury. Consequently, offenses against good
order and decency are overlooked in many instances.
That such offenses are committed may be a matter of
common knowledge ; but the apathy of public officers and
the indifference of citizens, and the dislike of all persons
to be brought publicly into connection with such matters —
any or all of these conditions may account for the lack of
a complaint upon which a warrant of arrest may be issued.
Holding the Prisoner for Trial. — When a supposed of-
fender has been arrested, either one of two processes may
follow, (i) If the offense charged is slight, he may be
tried at once in a local court ; that is, before the justice of
peace in a town or a village, or the police justice of a city.
(2) In more serious cases he must be tried in the principal
court of the county, known as the circuit, or district, court,
or the court of common pleas. Now, this court may not
be in session at the time of the arrest, and some means
must be found for judging whether there is sufficient evi-
dence against the prisoner to justify holding him for trial.
For if persons could be held for several weeks or months
JUDICIAL TRIALS. 231
upon the basis of a complaint merely, great injustice might
frequently result. So the accused is examined before a
local court ; and if there are good grounds for believing
that he is guilty, he is held until the session of court
occurs. He may be imprisoned, or he may be released
on bail. His friends who sign his bail bond agree to for-
feit a certain sum of money if he does not present himself
in court at the time fixed for his trial.
The Work of the Grand Jury. — The formal indictment
of the prisoner is made by the grand jury, a body of men
before whom the evidence is presented by the public
prosecutor or district attorney. The grand jury, which
is composed of citizens chosen by lot, holds its sessions
regularly and also upon special calls issued by a judge.
This body sits in secret and decides whether persons who
have been arrested by the process described above shall
submit to trial. It may take several courses of action.
(1) A prisoner may be held for trial, i.e., indicted; or he
may be released if the grand jury thinks a mistake has
been made in his arrest and detention. (2) It is the duty
of the grand jury to consider evidence that the prosecuting
attorney may present to it against any one suspected of
crime who may not have been arrested. (3) The grand
jury may of its own accord proceed to collect evidence by
summoning witnesses, and thus they may ferret out viola-
tors of the law against whom no accusation has been made.
We thus see the importance of the grand jury. The work
of the prosecuting attorney is also important, because the
enforcement of the law and the punishment of its violators
depend to a great extent upon the energy and integrity of
232
STATE GOVERNMENTS.
this officer, and also because he is the attorney who repre-
sents the interests of the people in all criminal cases.
In a few States the grand jury is dispensed with in ordinary cases.
An accused person is given a preliminary examination before a local
justice to determine whether he shall be held for trial. Great care
should be taken to distinguish the preliminary processes which have
been described from the actual trial which follows.
The Process of Jury Trial. — For the trial of all the cases
that are to be decided during a certain session of a court,
there is summoned a list of petit jurors.
The petit jurors must all be in attendance during this
session of the court. From them a trial jury of twelve
persons is selected for each case. Jurors are summoned
to court by a legal writ called a venire, and witnesses are
summoned by another writ called a subpoena. The taking
of evidence is followed by arguments or pleas made by
the attorneys. At their close the judge delivers a charge,
instructing the jury concerning the law involved in the
case. The jury then retires to deliberate in secret, and
when it reaches an agreement renders its verdict. The
judgment of the court, discharging the accused if he is
found innocent, or fixing his punishment if guilty, is car-
ried into execution by a police officer.
The Rights of Accused Persons. — During the course of
the trial the accused person is protected in all possible
ways from injustice; the trial must be conducted upon the
assumption that he is innocent, and his guilt must be
proved beyond a reasonable doubt. The Bill of Rights in
a State constitution provides in various ways against the mis-
carriage of justice. The accused person is guaranteed a
JUDICIAL TRIALS. J33
speedy trial before an impartial jury; he may have
witnesses in his favor, and the government will employ
an attorney for him, if he cannot do this for himself.
These requirements are made not merely that justice may
be done in each case, but also because it is better that
many guilty persons should escape than that one who is
innocent should be punished. Still another reason why
the rights of accused persons are guarded is because
there is greater assurance that the guilty will receive the
punishment they deserve, if their rights are protected in a
reasonable way.
Criminal Cases. — So far we have dealt only with crimi-
nal cases. Here it is considered that besides the injury
that may have been done to a particular person, the public
has also suffered through the violation of its peace and
good order. Hence criminal cases are begun by a public
officer, the prosecuting attorney ; for the public, as well as
the injured party, is plaintiff. The prisoner is the defend-
ant in the case. These facts are illustrated in cases aris-
ing when robbery or murder has been committed, when
public money has been stolen, or when the public's sense
of decency is shocked by disturbances of the peace.
Civil Cases. — At this point we may notice the difference
between criminal and civil cases. In the latter the public
is not ordinarily a party. The plaintiff sues the defendant
for the recovery of property, or for the recovery of a right
of which he claims to be deprived. Thus we have suits
involving the ownership of property, the payment of
wages, the settlement of debts, and the fulfillment of the
many kinds of contracts. These are suits arising out of
234
STATE GOVERNMENTS.
differences between individuals. The government may,
however, sue an individual or a corporation ; and, on the
other hand, the government may be sued by them. 1 These
also are civil cases, and in the trial of them the public
attorney is lawyer for the government.
Jury trials are customary in civil cases; but many
times, when merely legal questions are in dispute, the
judge alone decides the case. The parties to a civil case
may agree to dispense with a jury.
Defects of the Jury System. — The question has some-
times been asked whether a system under which cases
would be heard and decided by a bench of several judges
would not be more satisfactory than our present jury
system. It cannot be denied that the administration of
justice by means of a jury is often very faulty. One of
the reasons for this is found in the difficulty of securing
men who are thoroughly qualified to serve as jurors.
Several difficulties may be noticed, (i) In the first place,
a great number of intelligent men are exempt from jury
duty. (2) Then, too, the power of preparing the lists
from which petit jurors are drawn is often placed with
local officers who exercise it corruptly; men are chosen
for political reasons, or under the influence of powerful
attorneys or the parties to important suits. (3) Again,
the most intelligent men on the list of petit jurors may be
excluded from the trial jury of an important case on the
ground that they have formed an opinion of the matter to
be tried. (4) Attorneys are allowed to challenge, either
1 See p. 160, where Amendment XI to the United States Constitution is
noted as an exception to this statement.
JUDICIAL TRIALS. 235
with or without the statement of a cause or reason, the men
whom they do not wish to see on the jury for a certain case.
This serves to protect their clients against jurors who are
prejudiced ; it is also a means of so constituting juries that
they may be easily influenced by skillful attorneys. (5)
Finally, justice is sometimes defeated by the downright
bribery of jurors — a crime of the most serious nature.
In enumerating the reasons why jurors are sometimes
incompetent, it must be said that too often the most capa-
ble men shirk jury duty ; they begrudge the sacrifice of time
that it involves, and they give both good and poor reasons
why they should be excused from jury service. Thus are
made possible many of the evils that we have noticed in
the selection of jurymen.
Advantages of the Jury System. — In spite of the many
faults that appear in the workings of the jury system, its
place in our government is stable, for it is founded upon
important principles. Some arguments in its favor may
be mentioned : (1) This system insures publicity in the
proceedings of trials, and publicity is always a deadly
enemy of bad government. (2) Again, juries decide the
facts in suits at law, while the judge decides points of law.
In the performance of their duty, then, the jury must
exercise that "common sense" which is at the foundation
of all justice. The plain judgment of one's equals, though
it may err in some cases, is, " in the long run," a safer
guide than the judgment of any individual or any class.
This idea is fundamental in a democracy.
Cases may be Appealed. — Every State has several grades
of courts, the lower ones being for the consideration of
236 STATE GOVERNMENTS.
unimportant cases. Under certain conditions cases may
be appealed from lower to higher courts on the claim made
by the losing party that an error has been committed in
the trial. At the head of the judicial system is a Supreme
Court, or a Court of Appeals, which makes final decisions
in cases arising under the State laws and constitution that
have been appealed to it from the lower courts.
SUPPLEMENTARY QUESTIONS.
The judicial system of your State.
1. Make a list of the State courts under the following heads : —
Courts. Number of Judges. Term of Office. | Jurisdiction. 1
2. How is the grand jury composed, and how is it chosen? When
are its sessions held ?
3. How are petit and trial juries selected?
4. What fees are paid to witnesses and to jurymen ?
5. Make a list of the rights guaranteed to accused persons by your
constitution.
6. What is the meaning of the following terms : perjury, change of
venue, cross-examination, search warrant ?
7. Obtain blank forms for complaint, warrant of arrest, search warrant,
venire, subpoena.
8. Compare our trial methods with those practiced in Russia.
9. What is the citizen's duty in connection with jury service ?
REFERENCES.
1. What changes have been made in our judicial systems? Bryce,
Vol. I, 483-489 (504-511)-
2. What are the benefits of jury duty? Century Mag., 59 : 802.
1 In learning of a court's jurisdiction, we ask — What cases may come before
* for trial ? (See your State constitution.)
CHAPTER XXVI.
PUBLIC SCHOOL SYSTEMS.
The Purpose of Public Education. — In our country,
schools arc supported at public expense because we believe
that it is the duty of the government to furnish to every
young citizen the opportunity for an education ; and also
because we believe no less thoroughly that it is the duty of
every citizen to obtain an education. These principles are
seen to be supported by the soundest reason, when we con-
sider the nature of our government and the extent to which
citizens may participate in governmental affairs ; as, for
example, in elections and in trials. These facts make it
evident that the character of our government depends to
a great degree upon the intelligence and virtue of the
people.
Now, it is not entirely necessary that in order to become
intelligent and virtuous one should receive an education
in a school ; but it is true that these desirable qualities are
best fostered among the mass of citizens where public edu-
cation is most available and most earnestly sought. In a
measure, therefore, we provide free public education as a
means of preserving our political system in its purity ; it is
no less true that the soundness of all social and industrial
life depends upon the intelligence of the people. The
237
238 STATE GOVERNMENTS.
importance which we attach to education is indicated not
only by the fact that the public schools are free, but also
by the existence of laws in the States compelling the
attendance of all children at the schools.
The District and Township Systems. — Public school
systems are governed largely by local boards and officers.
There are three types of school organization, according as
the district, the township, or the county is made the unit
of school government. School districts are generally divi-
sions of towns, and in rural communities they frequently
include within their limits only a small number of families.
Where these conditions prevail, the school that is main-
tained will, in most cases, be poorly equipped, and the
teacher will be paid a low salary ; as a consequence, the
grade of instruction will be poor. For these reasons, it is
urged that the township should be the unit for school
government ; then fewer schools will be maintained, and
these will be of higher grade. In many instances it has
been found a saving of expense to abolish small rural
schools and to transport pupils to central township schools.
Local School Officers. — The local board of trustees or
commissioners having charge of school affairs is composed
of officers who are generally elected by the people. In
cities, school boards are sometimes appointed. These
officers build and maintain schoolhouses, employ teachers,
purchase supplies, and have general oversight of the finan-
cial side of school government.
The Selection of Teachers. — School government has its
professional as well as its business side, and the former is
PUBLIC SCHOOL SYSTEMS. 239
of great importance. In fact, the success of our schools,
from an educational standpoint, depends much more upon
the skill of the teachers than upon the equipment that may
be supplied in the form of buildings, libraries, and appa-
ratus. Consequently, the selection of teachers should be
made with a view to their qualifications, and not, as is so
frequently the case, on the grounds of politics or personal
friendship. When school boards select teachers, the latter
influence sometimes determines their choice. In cities,
one of the important duties of superintendents should be
the selection of teachers purely on their merits.
One method of determining the qualifications of teachers
is by examination in certain branches that are prescribed
by law. Those who are successful in passing these exam-
inations obtain certificates entitling them to teach. The
examining authorities are city and county superintendents,
and there is often a State board of examiners ; or the State
superintendent or the board of education may perform this
function.
Supervisory Officers, Local and State. — The work of the
schools where even the best teachers are employed may be
made more profitable by skillful supervision. All cities
have school superintendents, and county superintendents
perform similar duties in the counties of most States. The
State superintendents and boards of education exercise
very general powers of this nature, but their powers are,
in most cases, chiefly advisory.
The Financial Support of Common Schools. — More than
$200,000,000 are expended annually for the support of our
public school systems. This money is derived from several
240
STATE GOVERNMENTS.
sources : (i) The greatest part is raised by taxation in the
local units, towns, villages, and cities. These taxes may
be voted by school boards, or by the people in those places
where school district meetings are held.
(2) Some State governments raise taxes for the support
of schools and then redistribute the money among the
various local units in proportion to the number of children
of school age. In this way poorer communities receive
aid for their schools from taxes that are raised by the
richer communities.
(3) Another source of school money is the school fund,
which is found particularly in the Western States. A fund
is a sum of money which is set apart for a particular pur-
pose. School funds in the Western States originate in the
sale of lands which were granted to the States by the
National government for this purpose. The States ad-
mitted into the Union before 1848 received section 16 (one
square mile) of each township; 1 since 1848, new States
have received both sections 16 and 36 in every township.
These immense tracts of land have been sold by the States
to settlers and investors, and the proceeds constitute the
school funds. These funds are not expended, but are loaned
or invested in such a way as to bear interest, and the income
derived in this way is distributed annually among the com-
mon schools. Unfortunately, school land was sometimes
carelessly handled by the State authorities, and much of it
was sold very cheap ; so the school funds are not large,
and the incomes derived from them do not go far toward
supporting the public schools.
1 See diagrams and explanation, pp. 170-174.
PUBLIC SCHOOL SYSTEMS. 24 1
Illiteracy. — The great sum expended for the common schools is not
sufficient to reduce the percentage of illiteracy in the United States 10
so low a point as exists in several European countries ; for in this
country fewer persons can read and write, in proportion to the total
population, than in Switzerland, Scotland, Holland, England, and
France. 1
Secondary Schools. — We have so far considered the sys-
tems of elementary schools in which the greatest number
of American citizens secure their education. Secondary
or high schools are also a part of our educational systems,
and these are usually under the control of the same au-
thorities as the elementary schools. Technical or trade
schools are becoming more common, especially in cities.
Higher Education. — State universities are found in numer-
ous states ; these are supported by taxation and by the pro-
ceeds derived from the sale of lands that have been donated
to the States for this purpose by the United States gov-
ernment. The National government also makes direct
appropriations of money to the States that maintain agri-
cultural and technical colleges. Professional schools, such
as those for the training of lawyers and doctors, are main-
tained in connection with some State universities. It is
the policy of many States to encourage the improvement
of the common schools by the support of normal schools,
in which teachers are educated and receive professional
training.
SUPPLEMENTARY QUESTIONS.
The school system of your State.
1. In the rural districts, is the unit of school government the district,
the township, or the county? Which plan do you consider the
best?
1 See statistics of illiteracy in "Government in State and Nation," p. 92.
242 STATE GOVERNMENTS.
2. Is there a county superintendent ? If so, what are his powers and
duties ? Is he appointed or elected ?
3. What is the authority governing the school systems of cities ?
How do the officers get their positions ? What are their
powers ?
4. How is the State department of education constituted? How
much real authority is lodged here ? Should this be increased?
5. In how many ways may teachers' certificates be obtained ? What
grades of certificates are there ?
€. The reports issued by the State department of education give the
amounts of money raised by local and by State taxation for school
purposes. Here, also, may be learned facts about the school
fund, if one exists.
REFERENCES.
1. Ashley, The American Federal State. 371-375- Holt, Talks on
Civics, Chapter 28.
2. Politics and Public Schools, Atl. Mo,, 87 : 433-447.
3. Consolidation of Schools, Forum, 53 ■ 103-108.
APPENDIX A
CONSTITUTION
OF THE
UNITED STATES OF AMERICA
We the people of the United States, in order to form a more perfect
union, establish justice, insure domestic tranquillity, provide for the
common defense, 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.
Section I. All legislative powers herein granted shall be vested in a
Congress of the United States, which shall consist of a Senate and a
House of Representatives.
Sect. II. i. The House of Representatives shall be composed of
members chosen every second year by the people of the several States,
and the electors in each State shall have the qualifications requisite for
electors of the most numerous branch of the State Legislature.
2. No person shall be a Representative who shall not have attained
to 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, including those bound to service for a
243
244 APPENDIX A.
term of years, and excluding 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 term 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 representa-
tive ; and until such enumeration shall be made, the State of New
Hampshire shall be entitled to choose three, Massachusetts eight,
Rhode Island and Providence Plantations one, Connecticut five, New
York six, New Jersey four, Pennsylvania eight, Delaware one, Mary-
land 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 impeachment.
Sect. III. 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
appointments until the next meeting of the legislature, which shall then
fill such vacancies.
3. 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 inhabitant 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.
CONSTITUTION OF THE UNITED STATES. 245
5. The 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 impeachments.
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 concur-
rence 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 honor, trust or profit under the United States : but the party con-
victed shall nevertheless be liable and subject to indictment, trial, judg-
ment and punishment, according to law.
Sect. IV. 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.
Sect. V. 1. Each house shall be the judge of the elections, returns
and qualifications of its own members, and a majority of each shall con-
stitute 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 behavior, and with the concurrence of two
thirds, expel a member.
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, without the
246 APPENDIX A.
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.
Sect. VI. i. The Senators and Representatives shall receive a
compensation 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
durino- their attendance at the session of their respective 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 h«,
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 such time ; and no person
holding any office under the United States shall be a member of either
house during his continuance in office.
Sect. VII. I. All 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 Representatives
and the Senate, shall, before it become a law, be presented 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 reconsider it. If after such reconsideration two thirds
of that house shall agree to pass the bill, it shall be sent, together with
the objections, 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 persons voting for and against
the bill shall be entered on the journal of each house respectively. If
any bill shall not be returned 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
CONSTITUTION OF THE UNITED STATES. 247
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 prescribed in the case of a bill.
Sect. VIII. 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 excises 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 uniform 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 securities
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 securing
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 offences against the law of nations ;
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, aiming and disciplining the militia.
2 4 S APPENDIX A.
and for governing such part of them as may be employed in the sen-ice
of the United States, reserving to the States respectively the appoint-
ment of the officers, and the authority of training the militia according
to the discipline prescribed by Congre— ;
i~. To exercise exclusive legislation in all cases whatsoever, over
such district (not exceeding ten miles square) as may, by cession of
particular Si -. and the acceptance of Congress, become the seat
of government of the United States, and to exercise like authority over
all places purchased by the consent of the legislature of the State, in
v. hich the same shall be, for the erection of forts, magazines, arsenals.
kyards, ~nd other needful buildings ; — and
18. To make all laws which shall be necessary and proper for carry-
ing 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 office thereof.
Sect. IX. i. 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 such importation, not
exceeding ten dollars for each person.
2. The privilege of the writ of liabeas corpus shall not be susper.
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 cavitation, or other direct, tax shall be laid, unless in propor-
tion to the census or enumeration herein before directed to be taken.
5. X:, tax or duty shall be laid on articles exported from any State.
6. Xo preference shall be given by any regulation of commerce or
revenue to the ports of one State over those of another: nor shall
vessels bound to, or from, one State, be obliged to enter, clear, or pay
duties in another.
7. Xo money shall be drawn from the treasury, but in consequence
of appropriations made by law ; and a regular statement and account of
the receipts and expenditures of all public money shall be publis
from time to time.
8. Xo title of nobility shall be granted by the United States : and no
CONSTITUTION OF THE UNITED STATES. 249
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.
Sect. X. 1. No State shall enter into any treaty, alliance, or con-
federation ; 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 facto law, or law impairing
the obligation of contracts, or grant any title of nobility.
2. No State shall, without the consent of the Congress, lay any im-
posts 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 imports 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.
ARTICLE II.
Section I. 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 Con-
gress ; but no Senator or Representative, or person holding an office of
trust or profit under the United States, shall be appointed an elector.
[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 transmit sealed to the seat of government of
the United States, directed to the President of the Senate. The Presi-
250 APPENDIX A.
dent of the Senate shall, in the presence of the Senate and House of
Representatives, 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.]
3. 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.
4. 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.
5. 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 on the Vice-President, and the
Congress may by law provide for the case of removal, death, resigna-
tion, or inability, both of the President and Vice-President, declaring
what officer shall then act as President, and such officer shall act ac-
cordingly, until the disability be removed, or a President shall be
elected.
6. 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 shall have been elected, and he shall not re-
CONSTITUTION OF THE UNITED STATES. 25 I
ceive within that period any other emolument from the United States,
or any of them.
7. 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."
Sect. II. 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 im-
peachment.
2. He shall have power, by and with the advice and consent of the
Senate, to make treaties, provided two thirds of the Senators present
concur; and he shall nominate, and by and with the advice and con-
sent of the Senate, shall appoint ambassadors, other public ministers
and consuls, judges of the Supreme Court, and all other officers of the
United States, whose appointments 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 departments.
3. The President shall have power to fill up all vacancies that may
happen during the recess of the Senate, by granting commissions which
shall expire at the end of their next session.
Sect. III. He shall from time to time give to the Congress infor-
mation 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 respect to the time of ad-
journment, he may adjourn them to such time as he shall think proper;
he shall receive ambassadors and other public ministers ; he shall take
care that the laws be faithfully executed, and shall commission all the
officers of the United States.
252 APPENDIX A.
Sect. IV. 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 misde-
meanors.
ARTICLE III.
Section I. The judicial power of the United States, shall be vested
in one Supreme Court, and in such inferior courts as Congress may
from time to time ordain and establish. The judges, both of the
Supreme and inferior courts, shall hold their offices during good be-
havior, and shall, at stated times, receive for their services, a compen-
sation, which shall not be diminished during their continuance in office.
Sect. II. 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 ministers and con-
suls ; — to all cases of admiralty jurisdiction; — 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 different States; — between citizens of the same
State claiming lands under grants of different States, and between a
State, or the citizens thereof, and foreign states, citizens or subjects.
2. In all cases affecting ambassadors, other public ministers and
consuls, and those in which a State shall be a party, the Supreme Court
shall have original jurisdiction. In all the other cases before men-
tioned, 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 committed within any State,
the trial shall be at such place or places as the Congress may by law
have directed.
Sect. III. 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
CONSTITUTION OF THE UNITED STATES- 253
on the testimony of two witnesses to the same overt act, or on confes-
sion 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.
Section I. Full faith and credit shall be given in each State to the
public 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.
Sect. II. 1. The citizens of each State shall be entitled to all priv-
ileges 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 labor in one State, under the laws
thereof, escaping into another, shall, in consequence of any law or reg-
ulation therein, be discharged from such service or labor, but shall be
delivered up on claim of the party to whom such service or labor may
be due.
Sect. III. 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 junc-
tion 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 belong-
ing 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.
Sect. IV. The United States shall guarantee to every State in this
254 APPENDIX A.
Union a republican form of government, and shall protect each of them
against invasion ; and on application of the legislature, or of the exec-
utive (when the legislature cannot be convened) against domestic vio-
lence.
ARTICLE V.
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 proposed by the Congress ; provided that no amend-
ments which may be made prior to the year one thousand eight hun-
dred 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.
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 Confederation.
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 not-
withstanding.
3. The Senators and Representatives before mentioned, and the
members of the several State legislatures, and all executive and judi-
cial 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.
CONSTITUTION OF THE UNITED STATES.
-D?
ARTICLE VII.
The ratificafion of the conventions of nine States, shall be sufficient
for the establishment of this Constitution between the States so rati-
fying the same.
Done in Convention by the unanimous consent of the States present,
the seventeenth day of September in the year of our Lord one thou-
sand seven hundred and eighty-seven and of the Independence of
the United States of America the twelfth. In witness whereof we
have hereunto subscribed our names.
[Signed by]
New Hampshire.
John Langdon,
Nicholas Gilman.
Massachusetts.
Nathaniel Gorham,
Rufus King.
Connecticut.
Wm. Saml. Johnson,
Roger Sherman.
New York.
Alexander Hamilton.
New Jersey.
Wil : Livingston,
David Brearley,
Wm : Paterson,
Jona : Dayton.
G° Washington,
Presidt and Deputy fro?n Virginia.
Pennsylvania.
B Franklin,
Thomas Mifflin,
Robt. Morris.
Geo. Clymer,
Tho. Fitz Simons,
Jared Ingersoll,
James Wilson,
Gouv Morris.
Delaware.
Geo : Read,
Gunning Bedford,
Jun,
John Dickinson,
Richard Bassett,
Jaco : Broom,
Maryland.
Virginia.
John Blair,
James Madison, Jr.
North Carolina.
Wm. Blount,
Richd. Dobbs Spaight,
Hu Williamson.
South Carolina.
J. Rutledge,
Charles Cotesworth
Pinckney.
Charles Pinckney,
Pierce Butler.
Georgia.
William Few,
Abr Baldwin.
James McHenry,
Dan of St. Thos.
Jenifer,
Danl Carroll.
Attest : William Jackson, Secretary.
256 APPENDIX A.
Articles in Addition to and Amendment of the Constitution
of the United States of America, Proposed by Congress,
and Ratified by the Legislatures of the Several States,
pursuant to the fifth article of the original constitu-
TION.
Article I. — Congress shall make no law respecting an establish-
ment of religion, or prohibiting the free exercise thereof; or abridging
the freedom of speech, or of the press ; or the right of the people
peaceably to assemble and to petition the government for a redress of
grievances.
Article II. — A well-regulated militia, being necessary to the se-
curity of a free 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 per-
sons, houses, papers, and effects, against unreasonable searches and
seizures, shall not be violated, and no warrants shall issue but upon
probable 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 offense to be twice put in jeopardy
of life or limb ; nor shall be compelled in any criminal case to be a wit-
ness against himself, nor be deprived 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 dis-
trict shall have been previously ascertained by law, and to be informed
of the nature and cause of the accusation ; to be confronted with the
CONSTITUTION OF THE UNITED STATES.
O/
witnesses against him ; to have compulsory process for obtaining wit-
nesses in his favor, and to have the assistance of counsel for his defense.
Article VII. — In suits at common law, where the value in contro-
versy shall exceed twenty dollars, the right of trial by jury shall be pre-
served, and no fact tried by a jury shall be otherwise reexamined in
any court of the United States, than according to the rules of the com-
mon law.
Article VIII. — Excessive bail shall not be required, nor excessive
fines imposed, 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. — The powers not delegated to the United States by the
Constitution, nor prohibited by it to the States, are reserved to the
States respectively, or to the people.
Article XI. — The judicial power of the United States shall not be
construed to extend to any suit in law or equity, commenced or prose-
cuted against one of the United States by citizens of another State, or
by citizens or subjects of any foreign state.
Article XII. — i. The electors shall meet in their respective States,
and vote by ballot for President and Vice-President, one of whom, at
least, shall nqt be an inhabitant of the same State with themselves ;
they^hall name in their ballots the person voted for as President, and
in distinct ballots the person voted for as Vice-Presjdent, and they shall
make distinct lists of all persons voted for as President, and of all per-
sons 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 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
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 having 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
s
258 APPENDIX A.
President. But in choosing the President, the votes shall be taken by
States, the representation from each State having one vote ; a quonim
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. And if the House of Representatives shall not choose a Presi-
dent 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. — The person having the greatest number of votes
as Vice-President, shall be the Vice-President, if such number be a
majority 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 necessary to a choice. But no person
constitutionally ineligible to the office of President shall be eligible to
that of Vice-President of the United States.
Article XIII. — Section 1. Neither slavery nor involuntary servi-
tude, 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.
Section 2. Congress shall have power to enforce this article by
appropriate legislation.
Article XIV. — "Section 1. All persons born or naturalized in the
United States, and 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 jurisdiction the equal protection of the laws.
Section 2. Representatives shall be apportioned among the several
States according to their respective numbers, counting the whole num-
ber 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
C«»IYI¥WTI«I tr TIE ¥*IVE» itfATlS. 259
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 pro-
portion which the number of such male citizens shall bear to the whole
number of male citizens twenty-one years of age in such State.
Section 3. No person shall be a Senator or Representative in
Congress, 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 Con-
stitution 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.
Section 4. The validity of the public debt of the United States,
authorized by law, including debts incurred for payment of pensions
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 emanci-
pation of any slave ; but all such debts, obligations, and claims shall be
held illegal and void.
Section 5. The Congress shall have power to enforce by appropriate
legislation the provisions of this article.
Article XV. — Section 1. The right of citizens of the United
States to vote shall not be denied or abridged by the United States or
any State on account of race, color, or previous condition of servitude.
Section 2. The Congress shall have power to enforce this articie by
appropriate legislation.
*t 1 V ff? !''«••« *v ft*
APPENDIX B
ARTICLES OF CONFEDERATION
Articles of Cofifederation and Perpetual Union between the States of
New Hampshire., Massachusetts Bay, Rhode Island and Provide?ice
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 inde-
pendence, 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 defense, the security of
their liberties, and their mutual and general 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 pretense 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 inhabit-
ants thereof respectively; provided that such restrictions shall not
260
ARTICLES OF CONFEDERATION. 261
extend so far as to prevent the removal of property imported into any
State to any other State of which the owner is an inhabitant ; provided
also, that no imposition, duties, or restriction shall be laid by any State
on the property of the United States or either of them. If any person
guilty of, or charged with, treason, felony, or other high misdemeanor
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 States 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 in-
terests 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 its 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 hold-
ing 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 deter-
mining 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 Con-
gress ; and the members of Congress shall be protected in their persons
irom arrest and imprisonment during the time 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, agreement, alliance, or treaty with
any king, prince, or state ; nor shall any person holding any office of
2 62 APPENDIX B.
profit or trust under the United States, or any of them, accept of any
present, emolument, office, or title of any kind whatever from anj. king,
prince, or foreign state ; nor shall the United States, in Congress assem-
bled, or any of them, grant any title of nobility.
No two or more States shall enter into any treaty, confederation, or
alliance whatever between them, without the consent of the United
States, in Congress assembled, specifying accurately 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 Con-
gress assembled, with any king, prince, or state, in pursuance of any
treaties already proposed by Congress to the courts of France and Spain.
No vessels 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 defense of such State 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 defense of such State; but every State shall
always keep up a well-regulated and disciplined militia, sufficiently
armed and accoutered. 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 advice of a resolution being
formed by some nation of Indians to invade such State, and the danger
is so imminent as not to admit of a delay till the United States, in Con-
gress 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 Congress
assembled, and then only against the kingdom or state, and the subjects
thereof, against which war has been so declared, and under such regula-
tions as shall be established by the United States, in Congress assem-
bled, unless such State be infested by pirates, in which case vessels of
war may be fitted out for that occasion, and kept so long as the danger
ARTICLES OF CONFEDERATION. 263
shall continue, or until the United States, in Congress assembled, shall
determine otherwise.
Akt. VII. — When land forces are raised by any State for the com-
mon defense, all officers of or under the rank of Colonel shall be
appointed by the Legislature of each State respectively 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 defense, or general welfare, and allowed by
the United States, in Congress assembled, shall be defrayed out of a
common treasury, which shall be supplied by the several States in pro-
portion to the value of all land within each State, granted to, or sur-
veyed 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 appoint.
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 appropriated ; 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
receiving and determining finally appeals in all cases of captures ; pro-
vided that no member of Congress shall be appointed a judge of any of
the said courts.
264 APPENDIX B.
The United States, in Congress assembled, shall also be the last
resort on appeal in all disputes and differences now subsisting, or that
hereafter may arise between two or more States concerning boundary,
jurisdiction, or any other cause whatever; 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 present a petition to Congress, stating the matter in ques-
tion, 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 appearance of the parties by
their lawful agents, who shall then be directed to appoint, by joint con-
sent, 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 peti-
tioners 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 judgment and sentence of the court, to be ap-
pointed 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 never-
theless 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 commissioner, before he sits in judgment, shall
take an oath, to be administered by one of the judges of the supreme
ARTICLES OF CONFEDERATION. 265
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 favor, 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, as they may
respect such lands, and the States which passed such grants are ad-
justed, 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 measures 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 ; establish-
ing 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 expenses 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 commissioning all officers whatever in the ser-
vice of the United States ; making rules for the government and reg-
ulation of the said land and naval forces, and directing their operations.
The United States, in Congress assembled, shall have authority to
appoint a committee, to sit in the recess of Congress, to be denomi-
nated " A Committee of the States, 11 and to consist of one delegate
from each State, and to appoint such other committees and civil offi-
cers 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
266 APPENDIX B.
president more than one year in any term of three years ; to ascertain
the necessary 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 the sums of money so borrowed or emitted ; to build and equip a
navy ; to agree upon the number of land forces, and to make requisi-
tions 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 Legislature 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 so clothed, armed, and equipped shall march to the place appointed,
and within the time agreed on by the United States, in Congress as-
sembled ; 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 number shall be raised, officered, clothed, armed, and
equipped in the same manner as the quota of such State, unless the
Legislature 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 number as they judge
can be safely spared, and the officers and men so clothed, armed, and
equipped shall march to the place appointed, and within the time agreed
on by the United States, in Congress assembled.
The United States, in Congress assembled, shall never engage 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 appro-
priate money, nor agree upon the number of vessels of war to be built
or purchased, or the number of land or sea forces to be raised, nor ap-
point a commander in chief of the army or jiavy, unless nine States
assent to the same, nor shall a question on any other point, except for
ARTICLES OF CONFEDERATION. 267
adjourning from day to day, be determined, unless by the votes of a
majority of the United States, in Congress assembled.
The Congress of the United States shall have power to adjourn 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 delegates of each State, on any question, shall be en-
tered on the journal when it is desired by any delegate ; and the dele-
gates 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 as 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 Congress assembled, by the con-
sent of nine States, shall, from time to time, think expedient to vest
them with ; provided that no power be delegated to the said Commit-
tee, 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 admission 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, before 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 all questions which by this
Confederation are submitted to them. And the Articles of this Con-
federation shall be inviolably observed by every State, and the Union
268 APPENDIX B.
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 Con-
gress 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 re-
spective constituents, fully and entirely ratify and confirm each and
every of the said Articles of Confederation and perpetual Union, and
all and singular the matters and things therein contained. And we do
further solemnly plight and engage the faith of our respective constitu-
ents, that they shall abide by the determinations of the United States,
in Congress assembled, on all questions which by the said Confeder-
ation 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 Congress. Done at Philadelphia, in the State of
Pennsylvania, the ninth day of July, in the year of our Lord 1778, and
in the third year of the Independence of America.
APPENDIX C
THE DECLARATION OF INDEPENDENCE
IN CONGRESS, JULY 4, 1776
The following preamble and specifications, known as the Declaration
of Independence, accompanied the resolution of Richard Henry Lee,
which was adopted by Congress on the 2d day of July. 1776. This
declaration was agreed to on the 4th, and the transaction is thus
recorded in the Journal for that day:
"Agreeably to the order of the day, the Congress resolved itself into
a committee of the whole, to take into their further consideration the
Declaration ; and, after some time, the preside7it resumed the chair,
and Mr. Harrison reported that the committee have agreed to a
Declaration, which they desired him to report. The Declaration being
read, was agreed to as follows : "
A DECLARATION BY THE REPRESENTATIVES OF
THE UNITED STATES OF AMERICA, IN CONGRESS
ASSEMBLED.
When, in the course of human events, it becomes necessary for one
people to dissolve the political bands which have connected them with
another, and to assume, among the powers of the earth, the separate
and equal station to which the laws of nature and of nature's God
entitle them, a decent respect to the opinions of mankind requires that
they should declare the causes which impel them to the separation.
We hold these truths to be self-evident — that all men are created
equal; that they are endowed by their Creator with certain inalienable
tights ; that among these are life, liberty, and the pursuit of happiness.
That, to secure these rights, governments are instituted among men,
deriving their just powers from the consent of the governed ; that,
whenever any form of government becomes destructive of these ends.
269
270 APPENDIX C.
it is the right of the people to alter or abolish it, and to institute a new
government, laying its foundations on such principles, and organizing
its powers in such form, as to them shall seem most likely to effect their
safety and happiness. Prudence, indeed, will dictate that governments
long established should not be changed for light and transient causes ;
and, accordingly, all experience hath shown that mankind are more
disposed to suffer, while evils are sufferable, than to right themselves
by abolishing the forms to which they are accustomed. But when a
long train of abuses and usurpations, pursuing invariably the same
object, evinces a design to reduce them under absolute despotism, it is
their right, it is their duty, to throw off such government, and to provide
new guards for their future security. Such has been the patient suffer-
ance of these colonies, and such is now the necessity which constrains
them to alter their former systems of government. The history of the
present king of Great Britain is a history of repeated injuries and
usurpations, all having in direct object the establishment of an absolute
tyranny over these States. To prove this, let facts be submitted to a
candid world.
1. He has refused his assent to laws the most wholesome and
necessary for the public good.
2. He has forbidden his governors to pass laws of immediate and
pressing importance, unless suspended in their operations till his assent
should be obtained ; and, when so suspended, he has utterly neglected
to attend to them.
3. He has refused to pass other laws for the accommodation of large
districts of people, unless those people would relinquish the right of
representation in the Legislature — a right inestimable to them, and
formidable to tyrants only.
4. He has called together legislative bodies at places unusual,
uncomfortable, and distant from the repository of their public records,
for the sole purpose of fatiguing them into compliance with his measures.
5. He has dissolved representative houses repeatedly, for opposing,
with manly firmness, his invasions on the rights of the people.
6. He has refused, for a long time after such dissolutions, to cause
others to be elected, whereby the legislative powers, incapable of
annihilation, have returned to the people at large for their exercise;
THE DECLARATION OF INDEPENDENCE. 271
the State remaining, in the meantime, exposed to all the clangers of
invasions from without, and convulsions within.
7. He has endeavored to prevent the population of these States ; for
that purpose obstructing the laws for the naturalization of foreigners ;
refusing to pass others to encourage their migration hither, and raising
the conditions of new appropriations of lands.
8. He has obstructed the administration of justice, by refusing his
assent to laws for establishing judiciary powers.
9. He has made judges dependent on his will alone for the tenure
on their offices, and the amount and payment of their salaries.
10. He has erected a multitude of new offices, and sent hither swarms
of officers, to harass our people and eat out their substance.
1 1 . He has kept among us in times of peace, standing armies, without
the consent of our Legislatures.
12. He has affected to render the military independent of, and
superior to, the civil power.
13. He has combined with others to subject us to a jurisdiction
foreign to our constitutions, and unacknowledged by our laws ; giving
his assent to their acts of pretended legislation ;
14. For quartering large bodies of armed troops among us ;
15. For protecting them, by a mock trial, from punishment for any
murders which they should commit on the inhabitants of these States ;
16. For cutting off our trade with all parts of the world ;
17. For imposing taxes on us without our consent :
18. For depriving us, in many cases, of the benefits of a trial by jury ;
19. For transporting us beyond seas, to be tried for pretended offenses ;
20. For abolishing the free system of English laws in a neighboring
province, establishing therein an arbitrary government, and enlarging
its boundaries, so as to render it at once an example and fit instrument
for introducing the same absolute rule into these colonies ;
21. For taking away our charters, abolishing our most valuable laws,
and altering, fundamentally, the forms of our governments ;
22. For suspending our own Legislatures, and declaring themselves
invested with power to legislate for us in all cases whatsoever.
23. He has abdicated government here, by declaring us out of his
protection, and waging war against us.
272 APPENDIX C.
24. He has plundered our seas, ravaged our coasts, burned our towns,
and destroyed the lives of our people.
25. He is at this time transporting large armies of foreign mercenaries
to complete the works of death, desolation and tyranny, already begun
with circumstances of cruelty and perfidy scarcely paralleled in the most
barbarous ages, and totally unworthy the head of a civilized nation.
26. He has constrained our fellow-citizens, taken captive on the high
seas, to bear arms against their country, to become the executioners of
their friends and brethren, or to fall themselves by their hands.
27. He has excited domestic insurrection among us, and has en-
deavored to bring on the inhabitants of our frontiers the merciless
Indian savages, whose known rule of warfare is an undistinguished
destruction of all ages, sexes, and conditions.
In every stage of these oppressions we have petitioned for redress in
the most humble terms ; our repeated petitions have been answered
only by repeated injury. A prince whose character is thus marked by
every act which may define a tyrant, is unfit to be the ruler of a free
people.
Nor have we been wanting in our attentions to our British brethren.
We have warned them, from time to time, of attempts by their legislature
to extend an unwarrantable jurisdiction over us. We have reminded
them of the circumstances of our emigration and settlement here. We
have appealed to their native justice and magnanimity, and we have
conjured them by the ties of our common kindred to disavow these
usurpations, which would inevitably interrupt our connections and
correspondence. They, too, have been deaf to the voice of justice
and of consanguinity. We must, therefore, acquiesce in the necessity
which denounces our separation, and hold them as we hold the rest of
mankind — enemies in war; in peace, friends.
We, therefore, the representatives of the United States of America in
general Congress assembled, appealing to the Supreme Judge of the
world for the rectitude of our intentions, do, in the name and by the
authority of the good people of these colonies, solemnly publish and
declare that these united colonies are, and of right ought to be, free
and independent States ; that they are absolved from all allegiance to
the British crown, and that all political connection between them and
THE DECLARATION OF INDEPENDENCE.
273
the state of Great Britain is, and ought to be, totally dissolved, and
that, as free and independent States, they have full power to levy war,
conclude peace, contract alliances, establish commerce, and do all other
acts and things which independent States may of right do. And for
the support of this Declaration, with a firm reliance on the protection
of Divine Providence, we mutually pledge to each other our lives, our
fortunes, and our sacred honor.
The foregoing declaration was, by order of Congress, engrossed, and
John Hancock.
Virginia.
George Wythe,
Richard Henry Lee,
Thomas Jefferson,
Benjamin Harrison,
Thomas Nelson, Jun.,
Francis Lightfoot Lee,
Carter Braxton.
signed by the following members :
New Hampshire.
Josiah Bartlett,
William Whipple,
Matthew Thornton.
Massachusetts Bay.
Samuel Adams,
John Adams,
Robert Treat Paine,
Elbridge Gerry.
Rhode Island.
Stephen Hopkins,
William Ellery.
Connecticut.
Roger Sherman,.
Samuel Huntington,
William Williams,
Oliver Wolcott.
New York.
William Floyd,
Philip Livingston,
Francis Lewis,
Lewis Morris.
T
New Jersey.
Richard Stockton,
John Witherspoon,
Francis Hopkinson,
John Hart,
Abraham Clark.
Pennsylvania.
Robert Morris, *-
Benjamin Rush,
Benjamin Franklin,
John Morton,
George Clymer,
James Smith,
George Taylor,
James Wilson,
George Ross.
Delaware.
Caesar Rodney,
George Read,
Thomas M'Kean.
Maryland.
Samuel Chase,
William Paca.
Thomas Stone,
Charles Carroll, of
Carrollton.
North Carolina.
William Hooper,
Joseph Hewes,
John Penn.
South Carolina.
Edward Rutledge,
Thomas Heyward, Jun.,
Thomas Lynch, Jun.,
Arthur Middleton.
Georgia.
Button Gwinnett,
Lyman Hall,
George Walton.
APPENDIX D.
REFERENCE BOOKS.
Alton, Among the Lawmakers, Scribner.
Ashley, The Afnerican Federal State, Macmillan.
Brewer, American Citizenship, Scribner.
Brooks, How the Republic is Governed, Scribner.
Bryce, The Americati Commonwealth, Macmillan.
Burgess, The Middle Period, Scribner.
Cooley, Principles of Constitutional Law, Little, Brown & Co.
Conkling, City Government in the Utiited States, Appleton.
Curtis, The United States and Foreign Powers, Scribner.
Devlin, Municipal Reform in the United States, Putnam.
Dole, Talks about Law, Houghton, Mifflin & Co.
Ely, Taxation in American States and Cities, Crowell.
Fisher, The Colonial Era, Scribner.
Fiske, Civil Government in the United States, Houghton, Mifflin & Co
Fiske, Critical Period of American History, Houghton, Mifflin & Co.
Harrison, This Country of Ours, Scribner.
Hart, Formation of the Union, Longmans, Green & Co.
Hinsdale, The American Government, Werner School Book Co.
Holt, Talks on Civics, Macmillan.
Macy, Our Government, Ginn.
Newspaper Almanacs.
Robinson, Elementary Law, Little, Brown & Co.
Sloane, The French War and Revolution, Scribner.
Stanwood, History of Presidential Elections, Houghton, Mifflin & Co.
Thwaites, The Colonies, Longmans, Green & Co.
Walker, The Making of the Nation, Scribner.
Wilson, Congressional Government, Houghton, Mifflin & Co.
Wilson, Division and Reunion, Longmans, Green & Co.
Wilson, The State, Heath.
Wright, Practical Sociology, Longmans, Green & Co.
274
INDEX
Administrative departments, city, 20-
25-
Administrative officers, State, 201.
Agriculture, department of, 1 50-151.
Alaska, 167.
Albany Congress, 33.
Amendments to the Constitution, 114,
chap. 18.
Annapolis Convention, 40.
Annapolis Naval Academy, 147.
Appeals, 235.
Appointment, President's power of,
I33-I37-
Apportionment of representatives, 53-
56.
Appropriations by Congress, 88.
Army of the United States, 104-105.
Arrest, 229.
Articles of Confederation, 37, Appen-
dix B.
Assessment, 221.
Australian ballot system, 215-216.
Ballot, 215-216.
Bank, see National Banks.
Bankruptcy laws, 99-100.
Bills in Congress, chap. 10.
Bonds, National, 88-89.
Boss, 212.
Cabinet, chap. 16.
Cabinet system of government, 182-
183.
Canvass, 216.
Capital, location of, 107.
Caucus, 210.
Census of the United States, 55.
Charities, 23-24, 202.
Circuit Courts of the United States, 157.
275
Citizenship, 98-99.
City government, chap. 4.
Civil Service Reform, 136, 139, 140.
Coins and coinage, 93-94.
Colonial governments, 32, 187-189.
Colonies made States, 144.
Committee system in State legislatures,
193-194; in Congress, chap. 9.
Committee on Rules, 75-76.
Committees of Correspondence, 35.
Commerce, departments of, 151.
Commerce, power of Congress over,
89-92.
Confederation, Articles of, see Articles
of Confederation.
Conference committees, 79.
Congress, Continental, 35-37; under
the Constitution, chap. 7; procedure
in, chap. 8; sessions of, 62.
Constitution of U. S., Appendix A;
amendments of, chap. 18; origin of,
47; ratification, 44-45.
Constitutional convention (1787),
chap. 6; delegates to, 40; compro-
mises, 42-43.
Constitutions (State), 1S9.
Consuls, 143.
Conventions, National, 117.
Conventions, political, 210.
Copyright, 103. __»
County government, chap. 4.
County type of local government, 15-16.
Criminal cases, 233.
Cuba, 168.
Debts of U. S., 88-89.
Delinquent taxes, 224.
Diplomatic bureaus, 142.
Direct nomination, 214.
276
INDEX
District of Columbia, 107.
District courts of the U. S., 157.
Duties, customs, 83-85.
Educational systems, chap. 26, 203.
Elections, chap. 23.
Electoral Commission, 123.
Electors, Presidential, 1 1 6, 1 19-122.
England, 182-183.
Equalization of taxes, 222.
Executive departments, chap. 16.
Exemptions from taxation, 224.
Ex post facto laws, 1 1 2.
Federal Republics, 179.
Finances, National, 83-89.
France, 180.
Franchises, 26.
Free coinage, 94.
Game laws, 204.
Gerrymander, 52.
Gold certificates, 95.
Governors of States, 195, 199-201.
Grand jury, 162, 231.
Habeas Corpus, III.
Hawaii, 167.
Health, public, 4, 22-23, 2 °3-
Homestead law, 170.
Illiteracy, 241.
Immigration law, 153.
Impeachment, 66-67.
Implied powers of Congress, 108, no.
Inauguration of President, 127.
Income taxes, 87.
Independents in politics, 217.
Indian Territory, 167.
Indians, 149-150, 167.
Interior, department of, 149.
Internal revenue system, 85-86.
Interstate commerce law, 90—91.
Judicial trials, chap. 25.
Judiciary, National, chap. 16 ; State,
chap. 25.
Jurisdiction of U. S. courts, 158-160.
Jury system, 161-163, 231-235.
Justice, department of, 148.
Lands, public, 169.
Legal tender, definition, 95.
Legislatures, chap. 21.
Lobby, 78, 195.
Local government, chap. 1.
Local government, origin, chap. 3.
Machine politics, 212-214.
Mail matter, classes, 101.
Mayor, 20.
Message, President's, 137.
Military powers of Congress, 104-107.
Militia, 106-107.
Monarchies, 181-183.
Money of the U. S., 92-96.
Municipal government, chap. 4 ; own-
ership, 27, 31.
National Banks, 95-96.
Naturalization, 99.
Navy, department of, 147 ; of the
U. S., 105-106.
New England colonies, 13-15; Con-
federation, 33.
New Jersey Plan, 42.
Nobility, titles of, 112.
Nomination system, 209 ff.
Northwest Territory, 165.
Ordinance of 1787, 165.
Pairs, in voting, 80.
Pardons, 132.
Parish, 16.
Patents, 103.
Parliament of England, 183.
Party government, chap. 23.
Penal institutions, 202.
Personal property, taxation of, 224-
226.
Philippines, government of, 167-168.
Plaintiff, 233.
INDEX
277
Poll tax, 226.
Poor, 3.
Porto Rico, government of, 166.
Post office, department of, 14S; sys-
tem, 100-102, 109.
Preliminary examination, 232.
President of U. S., chaps. 13, 14; elec-
tion of, 1 1 5-1 25.
Presidential succession, 126.
Primary reform, 215.
Property tax, see Taxation.
Proportional representation, 52.
Public lands, 169.
Quorum in Congress, 67-69.
Railroads and interstate commerce,
90-91.
Real estate, 224.
Reform movements, 28, 31.
Registration, 215.
Representatives, apportionment of, 53-
56; election of, 51-52; qualifica-
tions of, 52-53.
Reprieve, 132.
Revenue bills in Congress, 87.
Roads, 2.
Rural delivery of mail, 101.
Russia, 184.
Salaries of Congressmen, 70-71.
School revenues, 239-240.
Schools, chap. 26.
Senate of U. S., 57.
Senators, qualifications of, 58 ; elec-
tion of, 59.
Silver certificates, 95.
Smuggling, 84.
Speaker of the House of Representa-
tives, 76-78.
Spoils system, 135.
Stamp Act Congress, 34.
State, department of, 142.
States, government, chaps. 20, 21, 22.
Streets, 2, 23.
Subpoena, 232.
Subsidiary silver, 94.
Suffrage, 207-209.
Superintendent of schools, 239.
Supervisor system of local govern-
ment, 8.
Supreme Court of U. S., 157.
Survey, U. S. Government, 170-174.
Switzerland, 180-181.
Tariff, 84-85.
Taxation, chap. 24 ; of corporations,
226 ; inheritance taxes, 226 ; in-
come taxes, 226 ; National, 83-89 ;
of personal property, 224-225 ; poll
lax, 226.
Taxes, direct and indirect, 87.
Territorial delegates, 56.
Territories, chap. 17.
Territory, admission of, 168.
Town type of local government, 14 ;
township-county type, 17.
Treasury, department of, 144.
Treasury notes, 94, 96.
Treaties, 132-133-
Trials, judicial, chap. 25.
Trusts, 91-92.
Undervaluation, 222.
Union, steps leading to, chap. 5.
United States notes, 95.
Vacancies, in House of Representa-
tives, 57 ; in Senate, 60.
Valuation of property, 60.
Venire, 232.
Vestry, 16.
Veto, 80-81.
Vice-President of U. S., 126.
Virginia local government, 15-16.
Virginia plan, 41.
Voting, methods in Congress, 80.
War, declaration of, 104 ; Department
of, 146.
Woman Suffrage, 209.
Yeas and nays, 80.
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