UNIVERSITY 
 
 OF CALIFORNIA 
 
 LOS ANGELES 
 
 SCHOOL OF LAW 
 LIBRARY
 
 Back to the Republic 
 
 A Study in Forms of Government 
 
 Demonstrating the truth of the following 
 
 proposition : 
 
 , Autocracy One extreme. 
 Failures: 
 
 
 
 Democracy The other extreme. 
 
 Success: 3 Republic < 
 
 The golden mean. 
 The standard form.
 
 f f
 
 Back to the Republic 
 
 The Golden Mean : the Standard Form 
 of Government 
 
 By HARRY F. ATWOOD 
 
 Can the world be made "safe for democracy''? 
 
 CHICAGO. 
 
 LAIRD & LEE, Inc. 
 
 PUBLISHERS
 
 Copyright, 1918 
 
 By 
 HARRY F. ATWOOD 
 
 First Edition Printed March, 1918 
 Second Edition Printed April, 1918 
 Third Edition Printed January, 1919 
 Fourth Edition Printed April, 1919 
 Fifth Edition Printed September, 1919 
 Sixth Edition Printed October, 1919 
 Seventh Edition, Printed June, 1920 
 Eighth Edition Printed December, 1921
 
 FOREWORD TO THE EIGHTH 
 EDITION 
 
 As publishers of "Back to the Republic," now 
 entering its eighth edition, we express our grati- 
 tude for the many earnest expressions of approval 
 and appreciation from thoughtful readers. 
 These opinions together with prevailing general 
 conditions have strengthened our conviction as 
 to the importance and soundness of the inter- 
 pretations made in "Back to the Republic." 
 
 For three years the author has been traveling 
 about the country addressing audiences of every 
 description on "The Federal Constitution" and 
 talking with thoughtful men and women in all 
 walks of life on governmental problems. Ob- 
 servation and discussion have led to the conclusion 
 that Chapter VII on The Short Ballot should be 
 modified in this edition. Certain changes in that 
 chapter have therefore been made. 
 
 LAIRD & LEE.
 
 PREFACE 
 
 three words uppermost in the minds 
 of the people throughout all the world 
 to-day are "autocracy," "democracy" and "re- 
 public" 
 
 What do you mean when you use the word 
 "autocracy"? 
 
 What do you mean when you use the word 
 "democracy"? 
 
 What do you mean when you use the word 
 "republic"? 
 
 Write down your own definitions of those 
 three words, stop the first hundred people you 
 meet and ask each of them the above three ques- 
 tions. Compile their replies, and you will have 
 a compilation that would win a prize in a museum 
 of curiosities. 
 
 If you should journey to the national capital 
 and, beginning with the President, ask the hun- 
 dred men who are most prominently identified 
 with the national government those same three 
 questions, you would have material for a scrap- 
 book the reading of which would be confusing 
 to the mind. 
 
 vii
 
 viii Preface 
 
 If you should visit the State capitals, and, be- 
 ginning with the Governor, ask the hundred men 
 most prominently identified with the State gov- 
 ernment in each commonwealth these same three 
 questions, and have their replies compiled, you 
 would have a volume of interesting contradic- 
 tions. 
 
 If you should go still farther and visit the 
 capitals of all the Allied countries, of the Central 
 Powers and of the so-called neutral countries, 
 and ask the hundred men most prominently 
 identified with the government of each country 
 those same three questions, and have their replies 
 compiled, you would have several volumes of 
 exceedingly interesting contradictions. 
 
 If you were disposed to gratify your curiosity 
 still further and should turn to the various dic- 
 tionaries, encyclopedias, magazines, newspapers, 
 and countless volumes on political science and 
 government, and make a collection in book form 
 of the various definitions that have been given 
 and the uses that have been made of the word* 
 "autocracy," "democracy" and "republic' 1 you 
 would have compiled the greatest curio of them 
 all. 
 
 The purpose of this book is: 
 
 ( 1 ) To make clear the meaning of the words 
 "autocracy," "democracy" and "republic;"
 
 Preface ix 
 
 (2) To encourage a more accurate use of 
 governmental terms, and 
 
 (3) To urge the importance of avoiding the 
 dangers of the extremes of both autocracy and 
 democracy, and the vital need of adhering 
 strictly and literally to the fundamentals of the 
 republic, which is the golden mean between autoc- 
 racy and democracy.
 
 CONTENTS 
 
 CHAPTER PAOK 
 
 I. THE TREND OF GOVERNMENT . . .13 
 
 II. THE REPUBLIC ...... 21 
 
 III. THE GOLDEN MEAN . . . . . 33 
 
 IV. THE STANDARD FORM ... . . 44 
 
 V. THE CONSTITUTION . . . . .54 
 
 VI. DANGEROUS EXPERIMENTS .... 69 
 
 VII. THE SHORT BALLOT . . . . .89 
 
 VIII. ORGANIZATION . . . . 97 
 
 National Government . . . .99 
 
 State Government . . . . .106 
 
 County Government . . . . * 113 
 
 City Government . , . . . 114 
 
 IX. A WORLD REPUBLIC . . . . .118 
 
 X. CONCLUSION .... . 124 
 
 APPENDIX 
 
 XI. THE CONSTITUTION OF THE UNITED STATES .129 
 
 XII. POLITICAL PARTIES 155
 
 Back to the Republic 
 
 CHAPTER I 
 THE TREND OF GOVERNMENT 
 
 trend of government may be presented 
 in graphic form as follows : 
 
 From earliest times to 1788 A.D. 
 
 Experimental failures. 
 
 From 1788 to 1900 A.D. 
 
 Progress. 
 
 From 1900 to 1920 A.D. 
 
 Retrogressive tendencies. 
 
 During the thousands of years prior to 1788 
 A.D. the pendulum of government was swing- 
 ing back and forth from one extreme to the 
 other: from the mob leader to the mob; from 
 the mob to the monarch; from the monarch to 
 democracy; from democracy to the demagogue; 
 
 13
 
 14 Back to the Republic 
 
 from the demagogue to monocracy; from mob- 
 ocracy to autocracy; from feudalism to com- 
 munism ; from bondage to license. 
 
 Tyranny, conquest, militarism, lawlessness, 
 mobmindedness, riot, persecution, oppression, re- 
 bellion these are the words that describe the 
 long-continued panorama of unsuccessful efforts 
 and experimental failures in government for 
 approximately seven thousand years. 
 
 Now and then a ray of light and hope appeared 
 in Greece, Rome, Holland, Switzerland, Eng- 
 land and elsewhere, but during all that period of 
 time no government was devised that could secure 
 for its people any one of the great fundamental 
 privileges for which government is primarily 
 organized. 
 
 In all those thousands of years there was no 
 government that secured for its people religious 
 freedom, or civil liberty, or freedom of speech, or 
 freedom of the press, or security of individual 
 rights, or popular education, or universal fran- 
 chise. 
 
 It is a startling statement, but an indisputable 
 fact, that in reviewing the centuries of history- 
 prior to the founding of the republic of the 
 United States of America we find no country to 
 which the historian can point and truthfully say: 
 There was a government that worked well.
 
 The Trend of Government 15 
 
 In 1787 a group of real statesmen of great 
 physical vigor, mental acumen, thorough knowl- 
 edges practical wisdom, far-sighted vision and 
 moral courage assembled in Philadelphia and 
 after months of discussion and deliberation pro- 
 duced the Constitution which provided for the 
 republic of the United States of America. 
 
 These men were equal to the opportunity, rose 
 to the occasion, and builded better than they 
 knew; for they established the golden mean and 
 evolved the standard form of government. 
 
 Following the adoption of the Constitution 
 and the founding of the republic of the United 
 States of America there began the first great era 
 of progress governmentally that the world had 
 ever known. 
 
 We began to solve problems and to secure 
 privileges that had baffled philosophers and 
 statesmen for ages. Within a century we had 
 secured all of the seven fundamental privileges 
 for which government is primarily organized. 
 We developed a larger galaxy of great statesmen 
 (because they were thinking and working along 
 standard lines) than has been developed by all 
 other governments in the history of mankind. 
 We organized into a splendid and loyal citizen- 
 ship people of many nationalities, coming to our 
 shores with varying ambitions and ideals. We
 
 16 Back to the Republic 
 
 stood the strain of the great Civil War and came 
 out of it stronger and better. 
 
 The governmental atmosphere of individual 
 security seemed to stimulate individual effort 
 toward discovery and invention, so that we made 
 material and commercial progress that has had 
 no parallel in history. We advanced from the 
 wooden spade to the steam plow, from the ox- 
 cart to the freight train, from the blacksmith 
 shop to the great manufacturing plant, from the 
 flail to the steam thresher, from the cradle to the 
 self-binder, from the needle to the sewing-ma- 
 chine, from the spinning-wheel to the great tex- 
 tile mills, from the stage coach to the Pullman 
 palace car, from the messenger boy on foot or 
 horseback to the telephone and telegraph, from 
 the prairie schooner to the automobile. And 
 equal progress has been made along many other 
 lines since the founding of this republic. 
 
 While doing all this we advanced from the 
 education of the few to the great public-school 
 system, from slavery to political equality, from 
 religious bondage to religious liberty. 
 
 Other nations of the world were struck with 
 awe and admiration by the marvelous manner in 
 which the new republic was solving its problems 
 and securing to its people political privileges such 
 as the world theretofore had not known.
 
 The Trend of Government 17 
 
 Awe and admiration on the part of the people 
 of foreign countries merged into emulation, and 
 they began to modify their ideals and ideas of 
 government, gradually becoming more tolerant 
 of religious freedom, more zealous of civil liberty, 
 more lenient toward freedom of speech and of 
 the press, more considerate of inherent individual 
 rights, more active toward popular education, 
 and more favorable toward universal franchise. 
 
 We radiated over all the world the rays of 
 light, of hope, of progress, of justice, of common 
 sense and of scientific governmental procedure; 
 and while making that matchless record, and 
 wielding that splendid world influence,, we made 
 for the United States of America the undisputed 
 leading place among the nations, not because of 
 our great army, our great navy, our vast possess- 
 ions, or our many people, but because we were 
 enjoying the blessings of the best form of gov- 
 ernment mankind had ever known. 
 
 Gradually, however, we began to modify our 
 national government through the appointment of 
 boards and commissions, and the creation of vari- 
 ous governmental agencies that made it impos- 
 sible for the government to function in accord- 
 ance with the plan of the Constitution. 
 
 The various States modeled their constitutions 
 less and less after the plan of the Federal Consti-
 
 18 Back to the Republic 
 
 tution and included in them much that should 
 properly have been statutory material. In their 
 constitutions they provided for the election of offi- 
 cials other than the executive and members of 
 the legislative bodies. More and more we drifted 
 away from the moorings of the Constitution to- 
 ward the whirlpools of a democracy. 
 
 Demagogues and propagandists, blinded with 
 egomania, kept up a constant campaign of agita- 
 tion in the various States for the initiative, refer- 
 endum, recall, boards, commissions, city mana- 
 gers, socialistic doctrines and anarchistic here- 
 sies, until we may truthfully say that for some 
 years we have been passing through an age such 
 as Alexander Hamilton had in mind when he 
 said: "There are seasons in every country when 
 noise and impudence pass current for worth, and 
 in populous communities especially the clamor 
 of interested and factious men is often mistaken 
 for patriotism." 
 
 In his popular work, "The American Com- 
 monwealth," written about thirty years ago, when 
 boards and commissions were not so prevalent 
 and we were still adhering more strictly to the 
 standard form of government, Mr. Bryce wrote 
 as the opening sentence in Chapter I : " * What do 
 you think of our institutions?' is the question ad- 
 dressed to the European traveler in the United
 
 The Trend of Government 19 
 
 States by every chance acquaintance," That 
 question was asked with an unusual degree of 
 pride. Imagine, if you can, an intelligent Ameri- 
 can of today making, with any degree of pride, 
 the following inquiries of European travelers: 
 
 What do you think of our Ohio and Oklahoma 
 State constitutions? 
 
 What do you think of presenting a ballot to 
 the voter containing the names of 334 candidates, 
 or a ballot over six feet long covered with printed 
 matter upon which a vote is to be cast within two 
 minutes of time? 
 
 What do you think of having 128 boards and 
 commissions in a single State in addition to an 
 executive, two legislative bodies and seven other 
 elective officials? 
 
 What do you think of our more than doubling 
 the expenses of government in nearly every State 
 in the Union during the decade from 1903 to 
 1912? 
 
 What do you think of spending over $2,000,- 
 000 of the taxpayers' money on primaries and 
 elections in Cook County, Illinois, in the single 
 year of 1916, aside from the personal expenses 
 of the horde of candidates? 
 
 What do you think of our enacting over 62,000 
 new statutes in this country during the five-year 
 period from 1909 to 1913, inclusive, and of our
 
 20 Back to the Republic 
 
 having over 65,000 decisions of courts of last 
 resort during those same five years, and compil- 
 ing 631 large volumes of decisions? 
 
 These are only a few of the many questions 
 that might be asked because we have been drift- 
 ing away from the plan of a republic. 
 
 The conditions that have been wrought through 
 these departures, this reckless agitation, and the 
 enactment of approximately fifteen thousand 
 new statutes each year, have had a disastrous ef- 
 fect upon this country and resulted in greatly 
 lessening our influence for good in other coun- 
 tries. We have drifted from the republic toward 
 democracy ; from statesmanship to demagogism ; 
 from excellent to inferior service. It is an age 
 of retrogressive tendencies.
 
 CHAPTER II 
 THE REPUBLIC 
 
 'T^HE present great war crisis has aroused the 
 * world to serious thought about government 
 and the best form of its administration. 
 
 If the people of all nations could be awakened 
 to the tremendous truth that a republic is the only 
 form of government that has solved governmen- 
 tal problems successfully and given wholesome 
 and desirable results, it would compensate in 
 part for the awful sacrifice and carnage of this 
 tragic time. 
 
 One of the serious aspects of present-day ten- 
 dency is the reckless and inaccurate use of gov- 
 ernmental terms. Almost daily Russia is spoken 
 of as "the new republic." That phrase is as 
 inaccurate as it would be to speak of a drunken 
 man as a new example of temperance. To speak 
 of Mexico as a "republic" is as inaccurate as it 
 would be to speak of fanaticism as a new form of 
 reverence. To call China a "republic" is as far- 
 fetched as it would be to speak of insomnia as a 
 new form of rest. 
 
 21
 
 22 Back to the Republic 
 
 China, Mexico and Russia at the present time 
 are all types of democracy. In each instance the 
 pendulum swung all the way from the extreme 
 of autocracy to the extreme of democracy. It 
 did not stop at the golden mean. These countries 
 are not republics. 
 
 England, Italy, Belgium and France are fre- 
 quently spoken of as "the allied democracies of 
 Europe;" yet with one exception each country 
 supports a royal family at a tremendously large 
 expense, which is one of the elements of autoc- 
 racy. 
 
 It would create considerable confusion of 
 thought in the medical world if we should speak 
 of disease as health; if, in the realm of law, we 
 should speak of crime as a contract; if, in the 
 realm of nature, we should speak of a cyclone as 
 a sea breeze; if, in the commercial world, we 
 should speak of a bankrupt as a business success ; 
 if, in the religious world, we should speak of a 
 dime novel as the Bible; yet these are fair illus- 
 trations to parallel the inaccuracy that prevails 
 in the present-day use of governmental terms. 
 
 The terms "republic' 9 and "democracy" are 
 thoughtlessly and inaccurately used almost syn- 
 onomously in dictionaries, in encyclopedias and 
 in political literature and discussion. This coun- 
 try is frequently spoken of as a democracy, and
 
 The Republic 23 
 
 yet the men who established our government 
 made a very marked distinction between a repub- 
 lic and a democracy, gave very clear definitions 
 of each term, and said repeatedly and emphati- 
 cally that they had founded a republic. 
 
 Surely no one has more valid authority to use 
 governmental terms, or to make definitions of 
 those terms, than the men who evolved the best 
 form of government the world has ever known. 
 The statements of Hamilton and Madison, who 
 were designated as the spokesmen and inter- 
 preters of the work of the Constitutional Con- 
 vention, make it absolutely clear that the founders 
 of the republic had in mind a very marked dis- 
 tinction between these two forms. In The Fed- 
 eralist Madison says: 
 
 "What, then, are the distinctive characters of 
 the republican form? Were an answer to this to 
 be sought, not by recurring to principles, but in 
 the application of the term by political writers, 
 to the constitutions of different states, no satis- 
 factory one would ever be found. Holland, in 
 which no particle of the supreme authority is de- 
 rived from the people, has passed almost univer- 
 sally under the denomination of a republic. The 
 same title has been bestowed on Venice, where 
 absolute power over the great body of the people 
 is exercised, in the most absolute manner, by a
 
 24 Back to the Republic 
 
 small body of hereditary nobles. Poland, which 
 is a mixture of aristocracy and monarchy in their 
 worst forms, has been dignified with the same ap- 
 pellation. The government of England, which 
 has one republican branch only, combined with 
 an hereditary aristocracy and monarchy, has, 
 with equal impropriety, been frequently placed 
 on the list of republics. These examples, which 
 are nearly as dissimilar to each other as to a gen- 
 uine republic, show the extreme inaccuracy with 
 which the term has been used in political dis- 
 quisitions." 
 
 The above quotation indicates how forcefully 
 Madison called attention to the gross misuse of 
 the word "republic" in his day. He was very 
 jealous of the use of the term. He was extremely 
 conscious and justly proud of having played an 
 important part in helping to found the first 
 republic of history. He knew the difference be- 
 tween an autocracy and a republic and he ob- 
 jected to having autocracies spoken of as repub- 
 lics. 
 
 He also understood quite clearly the difference 
 between a republic and a democracy. Again, in 
 The Federalist, he said : 
 
 "Hence it is that such democracies have ever 
 been spectacles of turbulence and contention; 
 have ever been found incompatible with personal
 
 The Republic 25 
 
 security or the rights of property, and have in 
 general been as short in their lives as they have 
 been violent in their deaths. Theoretic politi- 
 cians, who have patronized this species of govern- 
 ment, have erroneously supposed that by reducing 
 mankind to a perfect equality in their politi- 
 cal rights, they would, at the same time, be per- 
 fectly equalized and assimilated in their profes- 
 sions, their opinions and their passions. ... A 
 republic ', by which I mean a government in which 
 the scheme of representation takes place, opens 
 a different prospect, and promises the cure for 
 which we are seeking. . . . The two great points 
 of difference between a democracy and a repub- 
 lic are, first, the delegation of the government, 
 in the latter, to a small number of citizens elected 
 by the rest ; secondly, the greater number of citi- 
 zens and extent of territory which may be 
 brought within the compass of republican than 
 of democratic government. . . . The effect of 
 the first difference is, on the one hand, to refine 
 and enlarge the public views, by passing them 
 through the medium of a chosen body of citizens, 
 whose wisdom may best discern the true interest 
 of their country, and whose patriotism and love 
 of justice will be least likely to sacrifice it to 
 temporary or partial considerations. Under 
 such a regulation it may well happen that the
 
 26 Back to the Republic 
 
 public voice, pronounced by the representatives 
 of the people, will be more consonant to the pub- 
 lic good than if pronounced by the people them- 
 selves, convened for the purpose. . . . Hence, 
 it clearly appears that the same advantage which 
 a republic has over a democracy consists in the 
 substitution of representatives whose enlightened 
 views and virtuous sentiments render them su- 
 perior to local prejudices and to schemes of in- 
 justice. ... In fine, it consists in the greater 
 obstacles opposed to the concert and accomplish- 
 ment of the secret wishes of an unjust and inter- 
 ested majority. ... If we resort for a criterion 
 to the different principles on which different 
 forms of government are established, we may de- 
 fine a republic to be, or at least may bestow that 
 name on, a government which derives all its 
 powers directly or indirectly from the great body 
 of the people, and is administered by persons 
 holding their offices during pleasure, for a limited 
 period, or during good behavior. . . . The true 
 distinction between these forms is that in a democ- 
 racy the people meet and exercise the govern- 
 ment in person. In a republic they assemble and 
 administer it by their representative agents. . . . 
 The first question that offers itself is whether the 
 general form and aspect of the government be 
 strictly republican? It is evident that no other
 
 The Republic ' 27 
 
 form would be reconcilable with the genius of the 
 American people." 
 
 On September 18th, 1803, Hamilton wrote to 
 Pickering: 
 
 "The plan of a constitution which I drew up 
 while the convention was sitting, and which I 
 communicated to Mr. Madison, . . . was predi- 
 cated upon these bases : 
 
 "1. That the political principles of the people 
 of this country would endure nothing but repub- 
 lican government. 
 
 "2. That in the actual situation of the country 
 it was in itself right and proper that the republi- 
 can theory should have a full and fair trial. 
 
 "3. That to such a trial it was essential that 
 the government should be so constructed as to 
 give all the energy and stability reconcilable with 
 the principles of that theory. 
 
 "These were the genuine sentiments of my 
 heart, and upon them I acted." 
 
 In his great and exhaustive work on "Politi- 
 cal Science and Constitutional Law," John W. 
 Burgess, after analyzing minutely the forms of 
 government of the four leading countries, makes 
 the following deductions: 
 
 "I do not believe it is Utopian to predict that 
 the republican form will live after all other forms 
 have perished. ... It is a hazardous venture to
 
 28* Back to the Republic 
 
 prophesy what the form of the future will be. It 
 seems to me, however, that that form will be a 
 republic. ... It seems to me evident that the 
 destiny of history is clearly pointing to the 
 United States as the great world organ for the 
 modern solution of the problem of government 
 as well as of liberty." 
 
 Article 4, Section 4, of the Constitution pro- 
 vides: "The United States shall guarantee to 
 every State in this Union a republican form of 
 government." It is inconceivable that the 
 Fathers would guarantee a republican form of 
 government to every State in the Union without 
 the absolute intent of providing that same form 
 of government for the nation. 
 
 It would seem that the founders of this repub- 
 lic, after a careful survey of the governments of 
 history, concluded that autocracy resulted in 
 tyranny and democracy merged into mobocracy, 
 and they strove to avoid the dangerous extreme 
 of either tyranny or mobocracy by establishing 
 the golden mean and founding a republic. 
 
 The new form of government provided for by 
 the Constitution and evolved in 1788 A.D. was 
 the first republic the world had ever known, and 
 it may be clearly defined as follows : 
 
 A republic is a form of government under a 
 constitution which provides for the election of
 
 The Republic 29 
 
 (1) an executive and (2) a legislative body, who, 
 working together in a representative capacity, 
 have all power of appointment, all power of leg- 
 islation, all power to raise revenues and appro- 
 priate expenditures, and are required to create 
 
 (3) a judiciary to pass upon the justice and le- 
 gality of their governmental acts and to recognize 
 
 (4) certain inherent individual rights. 
 
 Take away any one or more of those four ele- 
 ments and you are drifting into autocracy. Add 
 one or more to those four elements and you are 
 drifting into democracy. 
 
 In an autocracy authority is derived through 
 heredity, regardless of character, capacity or 
 conduct. Rulers are chosen by virtue of their 
 membership in the royal family; the people have 
 no choice in their selection. 
 
 In a democracy authority is derived through 
 mass-meeting, the initiative, the referendum, in- 
 structed delegates, or any other form of direct 
 popular expression. 
 
 In a republic authority is derived through the 
 election by the people of public officials to repre- 
 sent them. 
 
 The attitude of autocracy toward property is 
 feudalistic. This is unjust and results in pro- 
 test, and finally in rebellion, on the part of the 
 people.
 
 30 Back to the Republic 
 
 The attitude of democracy toward property 
 is communistic or socialistic. This negates prop- 
 erty rights and results in chaos, mobmindedness 
 and riot, finally terminating in destruction of the 
 very property itself. 
 
 The attitude of the republic toward property is 
 that of individual ownership, resulting in thrift, 
 respect for law, individual rights, and orderly, 
 sensible, economic procedure. 
 
 The attitude of autocracy toward law is that 
 the will of the royal ruler shall prevail, regard- 
 less of reason or consequences. 
 
 The attitude of democracy toward law is that 
 the will of the majority shall prevail, regardless 
 of whether it be based upon deliberation or is 
 governed by passion, prejudice and impulse, 
 without restraint or regard to consequences. 
 
 The attitude of the republic toward law is the 
 administration of justice in accord with fixed 
 principles and established evidence and with 
 strict regard to consequences. 
 
 There is no such thing as a representative de- 
 mocracy. To use that expression is equivalent to 
 speaking of a "temperate drunkard." The very 
 essence of democracy is that the people speak di- 
 rect. There is no such thing as a "democratic re- 
 public" To use that expression is equivalent to 
 speaking of "gluttonous nourishment." The very
 
 The Republic 31 
 
 essence of a republic is that the people speak 
 through representatives. If there is such a thing 
 as a democratic republic, what other kinds of re- 
 publics are there? There is no such thing as a 
 democratic autocracy. To use that expression is 
 equivalent to speaking of gluttonous starvation. 
 
 This line of reasoning will be clarified in the 
 following chapter on "The Golden Mean." 
 
 The expressions "representative democracy," 
 "democratic republic" and "democratic autoc- 
 racy" are among the most dangerous and mis- 
 leading in current use. 
 
 The only qualifying terms that can properly 
 be used to describe an autocracy or a democracy 
 are bad, worse, worst. There are no good ones. 
 The only qualifying terms that can properly be 
 used to describe a republic are good, better, best. 
 When a republic ceases to be good it is no longer 
 a republic; it has merged into either a democracy 
 or an autocracy. Just as in the realm of food 
 the only qualifying adjectives that can be used 
 to describe starvation or gluttony are bad, worse, 
 worst, the only qualifying adjectives that can 
 be used to describe nourishment are good, better, 
 best. When nourishment ceases to be good, it 
 has merged into either starvation or gluttony. 
 
 England today is known as an autocracy with 
 a mixed government. It has some of the ele-
 
 32 Back to the Republic 
 
 ments of a republic and some of the elements 
 of a democracy. The unwritten constitution, the 
 existence of the royal family, even though some- 
 what muzzled, the House of Lords, and the lim- 
 itation on the reviewing of legislation by the 
 courts, are all elements of autocracy. The House 
 of Commons is a republican branch. The mer- 
 curial method of changing the cabinet in haste, 
 on the impulse of the moment, at the behest of 
 the mob spirit, is of the essence of democracy. 
 
 France is a democracy with a mixed govern- 
 ment containing some republican elements and 
 some of the elements of an autocracy. 
 
 Almost all of the autocracies and democracies 
 of the world have mixed governments ; that is to 
 say, they have modified the form to include ele- 
 ments of one or both of the two other forms. 
 
 The first republic the world had known was the 
 republic of the United States, which, until we 
 began modifying it, was a true republic. 
 
 We should return at once, with all of the hu- 
 mility and penitence of the prodigal son, to a 
 strict and literal adherence to the republic, the 
 golden mean between autocracy and democracy, 
 and encourage the people of each of the other 
 countries of the world to go forward from the 
 form of government that they now have to a 
 republic.
 
 CHAPTER III 
 THE GOLDEN MEAN 
 
 'HP HE golden mean is a concept almost as old 
 as humanity itself. Confucius wrote inter- 
 estingly about the mean. Horace gave express- 
 ion to the phrase "aurea mediocritas" 
 
 The mean that is golden is that middle point 
 or degree in any quality, state or activity which 
 avoids the dangers or errors of either extreme by 
 the striking of a well balanced medium. 
 
 In the study of any science or of any problem 
 we can learn much by observing the laws of na- 
 ture. If in sowing grain we use too little seed, 
 the crop will be small. If sufficient is sowed, the 
 best possible crop will result. If too much is 
 sowed, there will be no mature crop, because the 
 plants will be too crowded to secure the proper 
 nourishment, light and air. Again, if too little 
 moisture falls upon the soil, you have a drought 
 and little crop; if sufficient moisture, the best 
 crop; if too much moisture, the field is flooded, 
 the plants rot, and you have no crop. 
 
 In no sphere of activity do we find the dangers 
 of the two extremes more disastrous, and on the 
 
 33
 
 34s Back to the Republic 
 
 other hand the value of the golden mean more 
 beneficial, than in the realm of government. Too 
 little participation by the people means autoc- 
 racy, which results in tyranny. On the other 
 hand, too much participation by the people means 
 democracy, which results in mobocracy. It is 
 the golden mean, the republic the standard 
 form of government, strictly and literally ad- 
 hered to which gives just the right amount of 
 participation by the people in governmental af- 
 fairs and causes the political plant to thrive and 
 reach its best development and its full fruition. 
 
 Aristotle made the most valuable contributions 
 to political science that were made prior to the 
 founding of this republic. He was the first writer 
 to undertake a classification of the forms of gov- 
 ernment. As a philosopher he knew that there 
 must be three degrees for an accurate classifica- 
 tion, and he divided government into three forms. 
 He knew that there should be two extremes and 
 a form corresponding to the golden mean in the 
 realm of government as in other fields of activ- 
 ity. He named monarchy as one extreme and 
 defined it as government of one. He named de- 
 mocracy as the other extreme and defined it as 
 government of the masses ; but, the standard form 
 not having been evolved, the golden mean not 
 having been worked out in his day, he could not
 
 The Golden Mean 35 
 
 include the republic as the golden mean. He was 
 therefore forced in his classification to do what 
 we are frequently called upon to do when we can- 
 not find the thing we need namely, to use the 
 best substitute available and in lieu of the gold- 
 en mean he chose aristocracy and defined it as 
 government of the minority. Aristocracy, how- 
 ever, has the same elements and is of the essence 
 of autocracy. It has the element of heredity, the 
 element of class, the element of privilege, and 
 generally the element of militarism, and deserves 
 no classification separate and apart from autoc- 
 racy, any more than bread deserves a classifica- 
 tion separate and apart from food. 
 
 There have been several crude classifications 
 of forms of government, and a mere statement 
 of them is sufficient to demonstrate how shallow 
 had been the thinking upon political science pre- 
 vious to the founding of this government. 
 
 Von Mohl classified the forms of government 
 as patriarchal, theocratic, despotic, classic, feudal, 
 and constitutional. The classification of Von 
 Mohl is an apt illustration of the loose thinking 
 and inaccurate use of governmental terms. It 
 results only in confusing the mind. 
 
 Bluntschli followed the classification of Aris- 
 totle and added "Idiokratie," which he defined as 
 a state in which the supreme ruler is considered
 
 36 Back to the Republic 
 
 to be God, or some superhuman spirit, or an idea. 
 Most writers on political science since the time 
 of Aristotle have followed his classification of 
 forms of government, and modern writers on 
 political science in the main still follow blindly 
 the incorrect classification of forms of govern- 
 ment suggested by Aristotle, although the found- 
 ing of this republic made necessary a revision in 
 order to make a correct classification. It was 
 reserved for the founders of this republic, the 
 framers of the Constitution of the United States, 
 to arrest the erratic swing of the pendulum of 
 government and to point it to the golden mean, 
 which made necessary a revision of the classifica- 
 tion of Aristotle by striking out aristocracy, 
 which is an essence of autocracy, and substituting 
 republic, which is the mean that is golden, as fol- 
 lows: 
 
 REPUBLIC 
 AUTOCRACY-^ ARISTOCRACY - DEMOCRACY 
 
 This makes the correct classification of forms of 
 government. 
 
 All through the realm of nature and of human 
 activity we find examples of the trinity classi- 
 fication above described the two extremes and 
 the golden mean. A few of the more striking 
 classifications of this character are cited below in 
 order to emphasize this fundamental truth and to
 
 The Golden Mean 87 
 
 illustrate the importance and the soundness of 
 the law of the golden mean. Other trinity classi- 
 fications will doubtless occur to you : 
 
 EXTREME 
 
 GOLDEN MEAN 
 
 EXTREME 
 
 Autocracy 
 
 REPUBLIC 
 
 Democracy 
 
 Tyrants 
 
 Statesmen 
 
 Demagogues 
 
 Bondage 
 
 Liberty 
 
 License 
 
 Oppression 
 
 Reason 
 
 Impulse 
 
 Arbitrariness 
 
 Arbitration 
 
 Agitation 
 
 Submission 
 
 Contentment 
 
 Discontent 
 
 Coercion 
 
 Justice 
 
 Anarchy 
 
 Reaction 
 
 Progress 
 
 Chaos 
 
 Feudalism 
 
 Property rights 
 
 Socialism 
 
 You will observe from these classifications 
 that the results of autocracy and democracy are 
 undesirable extremes, and that the results of a 
 republic are desirable golden means. 
 
 Autocracy results in tyranny, bondage, op- 
 pression, arbitrariness, coercion, submission, re- 
 action. 
 
 Democracy results in demagogism, license, 
 impulse, agitation, discontent, anarchy and 
 chaos. 
 
 The republic, strictly and literally adhered to, 
 results in statesmanship, liberty, reason, arbitra- 
 tion, justice, contentment and progress. 
 
 It is interesting to note how this natural law of 
 the golden mean works in other fields of activity
 
 88 Back to the Republic 
 
 and illustrates the application of the law to forms 
 of government : 
 
 EXTREME 
 
 GOLDEN MEAN 
 
 EXTREME 
 
 Skepticism 
 
 Reverence 
 
 Fanaticism 
 
 Polygamy 
 
 Monogamy 
 
 Promiscuity 
 
 Starvation 
 
 Nourishment 
 
 Gluttony 
 
 Thirst 
 
 Temperance 
 
 Drunkenness 
 
 Stupidity 
 
 Intelligence 
 
 Insanity 
 
 Monotone 
 
 'Harmony 
 
 Discord 
 
 Three or less 
 
 Four wheels 
 
 Five or more 
 
 Hibernation 
 
 Rest 
 
 Insomnia 
 
 Darkness 
 
 Light 
 
 Dazzle 
 
 Drought 
 
 Moisture 
 
 Flood 
 
 What skepticism is to religion, autocracy is to 
 government; what fanaticism is to religion, de- 
 mocracy is to government ; what reverence or wor- 
 ship is to religion, the republic is to government. 
 
 Polygamy, which means plural marriage, is to 
 the domestic world what autocracy is to govern- 
 ment; promiscuity, or free love, is to the domestic 
 world what democracy is to government; monog- 
 amy, one man and one woman lawfully wedded, 
 producing legitimate children and serving as a 
 unit in society, is to the domestic world what the 
 republic is to government. 
 
 In the world of food, starvation is to the indi- 
 vidual what autocracy is to government: the 
 aspirations of the people are starved. What glut- 
 tony is to the individual, democracy is to gov-
 
 The Golden Mean 89 
 
 ernment: it does not function. What nourish- 
 ment is to the individual, the republic is to govern- 
 ment. 
 
 In the matter of drink, what thirst is to the in- 
 dividual, autocracy is to government; what 
 drunkenness is to the individual, democracy is to 
 government; what temperance is to the individ- 
 ual, the republic is to government. 
 
 What the monotone is to music, autocracy is 
 to government ; what discord is to music, democ- 
 racy is to government; what harmony is to music, 
 the republic is to government. 
 
 What stupidity is to thought, autocracy is to 
 government ; what insanity is to thought, democ- 
 racy is to government; what intelligence is to 
 thought, the republic is to government. 
 
 What hibernation is to sleep, autocracy is to 
 government; what insomnia is to sleep, democ- 
 racy is to government ; what rest is to sleep, the 
 republic is to government. 
 
 What darkness is to the sight, autocracy is to 
 government ; what dazzle is to the eye, democracy 
 is to government ; what light is to the eye, the re- 
 public is to government. 
 
 What drought is to the soil, autocracy is to gov- 
 ernment ; what a flood is to the soil, democracy is 
 to government; what moisture is to the soil, the 
 republic is to government.
 
 40 Back to the Republic 
 
 What three wheels or less are to transporta- 
 tion, autocracy is to government; what five 
 wheels or more are to transportation, democracy 
 is to government; what four-wheel vehicles are 
 to transportation, the republic is to government. 
 
 You will observe that in the above classifica- 
 tions the golden mean is always an accurate, def- 
 inite thing, while the extremes are variable, inac- 
 curate things. For example, it is starvation 
 whether an individual is deprived of food for sev- 
 eral days or several weeks ; the longer the period 
 of time, the more extreme the starvation. It is 
 gluttony whether one eats an overabundance of 
 food or several times the needed amount, and the 
 greater the abundance of food, the more extreme 
 the gluttony ; but nourishment, the golden mean, 
 is a definite thing with fixed limitations just 
 enough. 
 
 If one is deprived of drink for a day, or sev- 
 eral days, it is thirst, and the longer the time, the 
 more extreme the thirst. One may drink too many 
 glasses or too many quarts; the result will be 
 drunkenness in some degree ; and the greater the 
 excessive amount, the more extreme the drunken- 
 ness: but temperance, the golden mean, is a def- 
 inite thing with fixed limitations. 
 
 Polygamy consists in the marriage of one man 
 to two or more wives. The number may be five,
 
 The Golden Mean 41 
 
 seven, ten, seventeen, or any other plural num- 
 ber; the larger the number, the more extreme the 
 polygamy. Promiscuity consists of ignoring the 
 institution of marriage and forming domestic 
 relationships with one or more "affinities," which 
 results in illegitimate children and chaos in so- 
 ciety; the more numerous the "affinities," the 
 more extreme the promiscuity; but the monoga- 
 mous marriage is a definite thing with fixed limi- 
 tations: one man and one woman lawfully 
 wedded, producing legitimate children and serv- 
 ing as a unit in society. Add one or more wives 
 and you have polygamy; one or more affinities, 
 and you have promiscuity. 
 
 The above classifications and illustrations are 
 scientific and in accord with truth and common 
 sense. Just so in forms of government. The 
 republic is a definite, accurate thing with fixed 
 limitations. Take away one or more of the four 
 elements of a republic, and you have some degree 
 of autocracy. Add one or more to the four 
 elements of a republic, and it merges into democ- 
 racy. 
 
 The law of degree also applies to forms of 
 government. The more extreme the autocracy, 
 the more vicious the government; and, on the 
 other hand, the more extreme the democracy, 
 the more vicious the government: but the more
 
 42 Back to the Republic 
 
 strictly and literally the republic is adhered to, 
 the better the government. 
 
 Frequently you hear people say that the more 
 popular the government becomes, the better it 
 becomes. That statement is as absurd and un- 
 true as it would be to say that the more drink 
 you give a person, the more temperate that per- 
 son becomes, or the more excessive the amount 
 of food you give a person, the better nourished 
 that person becomes ; the more fanatical a person 
 becomes, the more religious that person is; the 
 more seed you sow, the better the crop. 
 
 On every hand almost daily we hear the ex- 
 pression, "Make the world safe for democracy." 
 That expression is as superficial, and as impos- 
 sible, and as unwise as it would be to say: "Make 
 drink safe for drunkenness; make food safe for 
 gluttony; make religion safe for fanaticism; 
 make the social world safe for free love; make 
 music safe for discord; make justice safe for law- 
 lessness; make automobiling safe for joyriding." 
 It is a weak, unsound, beggarly slogan. Govern- 
 ment was created to make safety, not to have 
 safety made for it. 
 
 A more effective statement would be, "Make 
 the world safe through democracy," if there were 
 any basis for faith in such a slogan; but we can- 
 not make the world safe for democracy, nor can
 
 The Golden Mean 43 
 
 we make the world safe through democracy, be- 
 cause democracy itself is one of the most dan- 
 gerous things in the world. 
 
 The proper reply to that slogan is that the first 
 republic made a nation safe for the first time in 
 history and helped make the world safer until 
 we modified the republic by adding the elements 
 of democracy. 
 
 To discuss a governmental situation in terms 
 of autocracy and democracy and ignore the re- 
 public is as shallow and unscientific as it would 
 be to discuss a food problem in terms of starva- 
 tion and gluttony and ignore nourishment, which 
 is the vital thing; or to discuss the drink problem 
 in terms of thirst and drunkenness and ignore 
 temperance, which is the important thing; or to 
 discuss the question of human rights in terms of 
 bondage and license and ignore liberty, which is 
 the essential thing. 
 
 The tendency, however, during recent years, 
 of those in authority in all countries has been to 
 go to one extreme or the other; to appeal to ig- 
 norance, passion, prejudice, emotion, hate and 
 fear by intemperate speech, and to ignore the 
 danger signals of history. There is an appalling 
 need today for a knowledge and an observance 
 and an application of the law of the golden mean 
 in word, thought and action.
 
 CHAPTER IV 
 THE STANDARD FORM 
 
 TF YOU were asked to suggest a word that 
 epitomizes in the most effective and compre- 
 hensive manner the sum total of human effort 
 and the achievements of civilization, what would 
 your answer be? 
 
 Undoubtedly the word "standards." 
 
 By the processes of reasoning and experience 
 in the various fields of activity and thought, 
 standards have been evolved to guide mankind 
 in the onward march of civilization. 
 
 From the birth of political speculation treatises 
 on politics have frequently discussed the ques- 
 tion, What is the best form of government? 
 
 The men who founded this republic answered 
 that question by evolving the standard form of 
 government. It is the right standard in the sci- 
 ence of government, just as the Golden Rule is 
 the correct standard in the philosophy of right 
 living; the Ten Commandments in the realm of 
 law; the ten digits in the science of mathematics; 
 the alphabet in the languages ; the institution of 
 
 u
 
 The Standard Form 45 
 
 monogamous marriage in domestic relationships ; 
 the clock in the realm of time; the compass as a 
 guide to travel; the standards of weights and 
 measures to express quantity; the yardstick as 
 the unit of length ; four wheels in the domain of 
 land transportation; the fish-shaped boat in the 
 domain of water transportation; gold in the mon- 
 etary system, and the corporation in the field of 
 business. 
 
 How do we know that these are standards? 
 Because they have been evolved through reason- 
 ing and experiment and have been tested by ex- 
 perience and demonstration. Nothing was dis- 
 covered or evolved up to the time of their adop- 
 tion that worked as well, and nothing has since 
 been evolved that could be substituted for them 
 with profit and universal approval. 
 
 All of the standards above referred to except 
 the standard form of government have met with 
 almost universal adoption throughout the entire 
 world, and it is high time that we should adhere 
 strictly and literally to the republic as the stand- 
 ard form of government in nation, State, county 
 and city, and recommend its adoption throughout 
 the world. 
 
 It meets as severe a test as can be applied to 
 any of the standards named. 
 
 During the thousands of years of history prior
 
 46 Back to the Republic 
 
 to the founding of this republic no government 
 had been devised which gave to its people re- 
 ligious freedom, civil liberty, freedom of speech, 
 freedom of the press, security of individual 
 rights, popular education or universal suffrage. 
 
 During the first hundred years of the existence 
 of this standard form of government all these 
 privileges were .secured. In that first century 
 of our history we developed a larger galaxy of 
 great statesmen (because they were working and 
 thinking along standard lines) than has been de- 
 veloped by all other governments in the history 
 of mankind. We harmonized into a splendid 
 citizenship people of many nationalities coming 
 to our shores with varying ambitions and ideals. 
 We stood the strain of the great Civil War and 
 came out of it stronger and better. We made 
 material and commercial progress that has had 
 no parallel in history, and while making that 
 matchless record we established for the United 
 States of America the leading place among the 
 nations of the world. 
 
 All these evidences of the adaptability of the 
 republic successfully to meet unlooked-for emer- 
 gencies, to harmonize the incoherent elements 
 from other lands, to establish the blessings of lib- 
 erty, of education and of individual rights, and 
 to successfully solve the problems which had baf-
 
 The Standard F<*rm 47 
 
 fled the philosophers and statesmen throughout 
 the ages, are proof that the republic is not only 
 the best, but the standard form of government. 
 
 It was the first form of government that 
 worked well, and no form of government has 
 since been devised which has met with such uni- 
 versal approval; but for some unexplainable 
 reason it has not met with universal adoption. 
 
 The delay in universal adoption is not unusual, 
 but quite in accord with the experience of history. 
 It is doubtful if any of the other standards,, now 
 universally recognized, met with immediate adop- 
 tion. Their discovery in most instances was 
 probably followed by a period of doubt and fur- 
 ther fruitless experiment. 
 
 The people of all ages have quite generally 
 failed to recognize the merit of the work of the 
 benefactors of the race and the prophets of their 
 time, and have frequently paid popular homage 
 to those who were finally revealed as impostors. 
 
 They humiliated Westinghouse for discover- 
 ing the airbrake. 
 
 They laughed at Bell for discovering the 
 telephone. 
 
 They persecuted Columbus for discovering a 
 new world and unfolding hidden truth. 
 
 They made a wandering pilgrim of Confucius 
 in China.
 
 48 Back to the Republic 
 
 They gave Socrates the cup of hemlock for 
 philosophy now taught in our universities. 
 
 They crucified Christ, who came to lead the 
 way and set the standard of right living for all 
 mankind. 
 
 "Not understood! 
 Poor souls with stunted vision 
 
 Oft measure giants by their narrow gauge ; 
 The poisoned shafts of falsehood and derision 
 Are oft employed 'gainst those who mold the age, 
 Not understood!" 
 
 The light finally dawned; the truth, although 
 "crushed to earth," finally prevailed, and ulti- 
 mately the importance of the work of the men 
 who founded the republic will be recognized and 
 understood. 
 
 There is no reason to suppose that the framers 
 of the Constitution realized the full significance 
 of their work. The ultimate purport of many of 
 our greatest discoveries was not fully revealed 
 until long after the discoverers passed over the 
 great divide. 
 
 So the framers of the Constitution, though 
 they knew that they had conscientiously pro- 
 vided a form of government better suited than 
 any other possible form to the need of their coun- 
 try, probably did not fully realize that they, too, 
 had made a discovery of universal import. There 
 is no evidence that they were conscious of having
 
 The Standard Form 49 
 
 established the golden mean or of having evolved 
 the standard form of government. But when 
 the scope of this tremendous governmental 
 achievement dawns upon mankind, the republic 
 will be the universal form of government every- 
 where around the world, just as other standards 
 and other golden means in other fields of activity 
 have been universally utilized when their su- 
 periority became known and acknowledged. 
 
 Just so certain as the sphere is the standard 
 form for the heavenly bodies, including the earth, 
 throughout all the realm of nature, from the 
 mightiest suns to the smallest planets, so sure it 
 is that the republic, the golden mean, will become 
 the standard form of government throughout the 
 world. 
 
 It may be urged that the republic has not 
 worked perfectly. The answer is that it is not 
 the fault of the form of government, but of its 
 imperfect application. It has provided by far 
 the best government of any form that has ever 
 been devised. 
 
 Problems in mathematics are not always 
 worked correctly, but it is not the fault of the 
 digits. It is the fault of imperfect application. 
 Words are misspelled, but it is not the fault of 
 the alphabet. We do not have perfect monetary 
 systems, but it is not the fault of gold. Our rem-
 
 50 Back to the Republic 
 
 edy lies not in further experiment with danger- 
 ous departures, but in improving our application 
 of the standard form through exercising greater 
 vigilance, more discretion and better judgment 
 in the selection of representatives who are to ad- 
 minister the affairs of the government. One of 
 the very vital tests that should be applied to pros- 
 pective candidates as to their fitness is whether 
 or not they understand thoroughly what this 
 form of government is and the stern importance 
 of adhering strictly and literally to it in nation, 
 State, county and city. 
 
 No one claims that republics are perfect 
 nothing human is perfect but I do maintain 
 that there is the same difference between a re- 
 public and either a democracy or an autocracy 
 that there is between good and bad. 
 
 During a recent conversation with a gentle- 
 man who is an earnest student of government 
 and who for years had been a teacher of consti- 
 tutional history in one of our largest universities, 
 he said: "I have always been of the opinion dur- 
 ing my years of thought and study and teaching 
 that one form of government worked well in one 
 country and another form of government in an- 
 other country." I replied: "Why don't you say 
 that of the clock, of the compass, of the alphabet, 
 of the Golden Rule, of the ten digits, of the
 
 The Standard Form 51 
 
 standards of weights and measures, or of the 
 institution of marriage?" 
 
 This standard form of government would work 
 better than any other form in any country, under 
 any conditions, in the midst of any people, just 
 as the other standards heretofore enumerated, 
 that have been universally adopted, work better 
 in their various fields than anything else that has 
 been devised. This standard form of govern- 
 ment would work better than any other form in 
 darkest Africa, densest China, chivalrous France, 
 intellectual England, efficient Germany, chaotic 
 Russia, serious Scandinavia, impulsive Mexico or 
 anywhere else, and it will work better than any 
 other form of government in any nation, State, 
 county, or city, whether the population run into 
 the millions or is limited to a few hundred. The 
 very essence of a republic is to make possible the 
 selection of the best fitted people to work out 
 the problems of government in a representative 
 capacity. 
 
 The student of government further observed: 
 "I have always been of the impression that the 
 quality of public service depended more upon the 
 intelligence of the people than upon the form 
 of government." And I replied: 
 
 "From 1776 to 1788 we were living on the 
 same land, with the same sun to shine by day and
 
 52 Back to the Republic 
 
 the same moon and stars to shine by night, with 
 the same people, the same able men; the May- 
 flower compact had been written ; the Declaration 
 of Independence had been adopted ; there was a 
 yearning desire to have a stable government ; but 
 after operating under the Articles of Confed- 
 eration for twelve years, from 1776 to 1788, we 
 were in a good deal the same condition in this 
 
 country that Russia is today. In 1787 we wrote 
 the Constitution, founded the republic, and in 
 twelve years we had made unbounded progress 
 and won the admiration of the world because of 
 our form of government." 
 
 No better proof could be given of the great 
 importance that the form of government plays 
 in the welfare and progress of a people. 
 
 It is high time that the people of the world 
 should be aroused and become wide-awake to the 
 tremendous truth that the vital significance of 
 the work of the men who wrote the Constitution 
 and founded the republic is that they evolved the 
 standard form of government. 
 
 Each individual has a threefold relationship: 
 the relation to God, the relation to government, 
 and the relation to society. When one acquires 
 the right concept of God and the right concept 
 of government, it almost assures a right relation- 
 ship toward society.
 
 The Standard Form 53 
 
 To my mind the most important event that has 
 occurred since creation was the coming of Christ, 
 for he came to establish the standard of right liv- 
 ing for all mankind. The next most important 
 event was the founding of this republic under 
 the Constitution, because it provided for the 
 standard form of government.
 
 CHAPTER V 
 THE CONSTITUTION 
 
 l\>f ANY books have been written upon the 
 Constitution and many eloquent and de- 
 served tributes have been paid to it; but there 
 have been comparatively few brief, clear, accurate 
 statements telling just what the Constitution is 
 and what it contains. 
 
 Many have come to regard the wording, the 
 style and the tradition of the Constitution as al- 
 most sacred, but to my mind the most sacred 
 thing about the Constitution is that it embraces 
 just four elements : (1) An executive and (2) a 
 legislative body, who, working together in a rep- 
 resentative capacity, have all power of appoint- 
 ment, all power of legislation, all power to raise 
 and expend money, and who are required to do 
 just two things: (3) to create a judiciary to pass 
 upon the justice and legality of their govern- 
 mental acts and (4) to recognize certain inherent 
 individual rights. 
 
 It has been the general custom of writers to 
 divide our government into three departments, 
 
 54
 
 The Constitution 55 
 
 but the element of inherent individual rights is 
 as essential to the other three departments as the 
 fourth wheel of a standard vehicle is to the other 
 three wheels in the domain of transportation. 
 The more additional wheels you add to the stand- 
 ard four-wheel vehicle, the more useless and con- 
 fusing the vehicle -would become; likewise, the 
 more additional elements you add to the four 
 elements provided for by the Constitution, the 
 more useless and confusing the government be- 
 comes. The executive, legislative and judicial 
 branches should be guided, controlled and pro- 
 tected by individual rights. All the people are 
 entitled to the enjoyment and protection of indi- 
 vidual rights guaranteed by the Constitution. No 
 one of the four elements is more important than 
 the element of individual rights, but there is evi- 
 dence that we are in danger of forgetting and 
 violating this all-absorbing, gravely important 
 fundamental fact. 
 
 The Constitution provides a system of checks 
 and balances. The executive can veto an action 
 of the majority of the legislative body, but the 
 legislative body can override the veto of the ex- 
 ecutive by a two- thirds vote ; so they have a check 
 and balance upon each other. 
 
 The judiciary is required to recognize indi- 
 vidual rights, and individual rights are dependent
 
 56 Back to the Republic 
 
 upon the judiciary for their interpretation; so 
 they have a check and balance upon each other. 
 
 The judiciary passes upon the justice and 
 legality of the acts of the executive and the leg- 
 islative body, and the executive and the legis- 
 lative body have the appointive power and have 
 the power to remove for lack of good behavior; 
 to they have checks and balances upon each other. 
 
 Individual rights must be recognized by the 
 executive and the legislative body and are de- 
 pendent upon the executive and the legislative 
 body for enforcement; so there are checks and 
 balances between the individual rights and the 
 executive and legislative branches. 
 
 Let me illustrate it in the diagram on the fol- 
 lowing page. Assume that the executive and the 
 legislative body are the front wheels of a govern- 
 mental vehicle, and the check and balance be- 
 tween them the axle that connects them ; that the 
 judiciary and individual rights are the hind 
 wheels, and the check and balance is represented 
 by the axle between them; and that the reach 
 connecting the two axles represents the checks 
 and balances between the four elements. 
 
 The diagram indicates clearly just what the 
 Constitution is and all that it contains. That is 
 the four-wheeled vehicle provided for by the Con- 
 stitution. It was the first and only governmental
 
 The Constitution 
 
 DIAGRAM OF THE CONSTITUTION 
 
 The organic law on which was founded the first sound 
 government in history: the republic the golden mean the 
 standard form.
 
 58 Back to the Republic 
 
 vehicle ever conceived by the mind of man that 
 was able to bear safely the burdens of human lib- 
 erty and human rights. That is the standard 
 form, the golden mean, the republic, in the science 
 of government, just as four wheels constitute 
 the standard, the golden mean, in the domain of 
 transportation. It is comparatively simple to 
 figure out what would happen in the domain of 
 transportation if we should try to work out the 
 problem of transportation on three wheels or less, 
 or five wheels or more. It would merely result 
 in confusion and failure to work out the problem. 
 That identical thing happens in government. 
 When you take away one or more of the four 
 elements you have autocracy. When you add 
 one or more to the four elements you have de- 
 mocracy. This accounts for the comparatively 
 slight progress which was made toward the solu- 
 tion of the problems of government during all 
 the thousands of years prior to 1788 AJD. The 
 pendulum was swinging back and forth from the 
 extreme of autocracy, with its attendant evils, to 
 the extreme of democracy with its attendant 
 evils. The reason we made great progress for a 
 century and a quarter following the adoption of 
 the Constitution and founding of the republic 
 is that we followed quite closely the plan of creat- 
 ing and utilizing those four elements in the na-
 
 The Constitution 59 
 
 tion, and to some degree in the various States; 
 and foreign countries were partially utilizing the 
 lessons taught through the Constitution and the 
 founding of the republic. Departures from the 
 republic account for the complications and retro- 
 gressive tendencies of recent years. 
 
 The next most sacred thing about the Consti- 
 tution is that it provided that the people could do 
 two things only : first, vote for President once in 
 four years; second, vote for a member of Con- 
 gress from their district once in two years. You 
 may read and reread the Constitution, and you 
 cannot find another thing that the people are per- 
 mitted to do. The Constitution provides for 
 absolutely strict representative government and 
 gives the people no voice in the solution of gov- 
 ernmental problems save that of electing repre- 
 sentatives to work out the problems. In other 
 words, the Con stitution applies the same common 
 sense and judgment to working out the problems 
 of government that is applied in other fields of 
 activity in working out other problems. 
 
 This is wise, because the human race is so en- 
 dowed by Providence that a small percentage of 
 the people have more natural artistic ability than 
 the remaining larger percentage ; a small percent- 
 age of the people have more natural musical abil- 
 ity than the remaining larger percentage ; a small
 
 60 Back to the Republic 
 
 percentage of the people have more natural in- 
 ventive ability than the remaining larger per- 
 centage; a small percentage have more natural 
 medical ability than the remaining larger per- 
 centage; a small percentage of the people have 
 more natural educational ability than the remain- 
 ing larger percentage ; a small percentage of the 
 people have more natural theological ability than 
 the remaining larger percentage ; a small percent- 
 age of the people have more natural mechanical 
 ability than the remaining larger percentage; a 
 small percentage of the people have more natural 
 agricultural ability than the remaining larger 
 percentage, and a comparatively small percent- 
 age have greater governmental ability than the 
 remaining larger percentage. 
 
 Under the Constitution it was assumed that 
 just as we select people with musical talent to 
 give concerts, people with artistic talent to paint 
 pictures, people of inventive ability to provide 
 inventions, people of educational ability as teach- 
 ers, people of theological ability as preachers, an 
 architect to plan and supervise the construction 
 of a building, a surgeon to perform an operation, 
 an engineer for engineering work, just so the 
 people would elect men of governmental ability 
 to executive and legislative positions and permit 
 them, in a representative capacity, to work out
 
 The Constitution 61 
 
 the varied and oftentimes perplexing problems 
 of government. 
 
 It is not a popular statement, but it is a fun- 
 damental fact, that the people generally know 
 comparatively little about governmental prob- 
 lems. While this statement is widely at variance 
 with the vociferous contentions of the dema- 
 gogue, it is a truth that the founders of the re- 
 public thoroughly recognized, and they acted in 
 accordance therewith. 
 
 To summarize, the Constitution provides for 
 (1) an executive and (2) a legislative body and 
 defines their qualifications and powers. It re- 
 quires them to appoint (3) a judiciary and to 
 recognize (4) certain inherent individual rights, 
 and it defines the powers of the judiciary and 
 enumerates the individual rights. It also pro- 
 vides that the people may vote once in four years 
 for the executive and once in two years for mem- 
 bers of the legislative body. 
 
 The Constitution was far from perfect. The 
 Electoral College as a method of electing the 
 President is an awkward creation that could be 
 much improved. The enumeration of inherent 
 individual rights was incomplete, and the classi- 
 fication and arrangement of them could be im- 
 proved. There were other imperfections that 
 detracted, but it did provide for just the four
 
 62 Back to the Republic 
 
 elements that are necessary to make a republic, 
 and that is its mighty virtue. 
 
 Of the men who framed the Constitution Mr. 
 Thorpe, in his great work on the Constitutional 
 History of the United States, says : 
 
 "Profound knowledge of all early plans of 
 government of which history has record pre- 
 pared them to take up the arduous civil problem 
 before them." 
 
 After reading the Constitution the great Glad- 
 stone said: 
 
 "It is the greatest piece of work ever struck 
 off at a given time by the brain and purpose of 
 man." 
 
 Gladstone must have been convinced that it 
 provided for the best form of government ever 
 conceived by the mind of man. 
 
 The world-famed William Pitt, when he read 
 it, exclaimed: 
 
 "It will be the wonder and admiration of all 
 future generations and the model of all future 
 constitutions." 
 
 Dictionaries use the words "model" and 
 "standard" synonymously. It would seem that 
 Pitt must have foreseen what this book is trying 
 to make clear. His was an exclamation of joy be- 
 cause of the mighty achievement of the founders 
 of this republic, but if Pitt could return to earth
 
 The Constitution 63 
 
 and read the constitutions of Ohio, Oklahoma 
 and other States and note our numerous depart- 
 ures from the Constitution, he would recognize 
 his prophecy as false and breathe a sigh of regret. 
 
 In his remarkable book, "Why Should We 
 Change Our Form of Government?" which, in 
 my opinion, is the most masterly treatise on gov- 
 ernment that has been published during the twen- 
 tieth century, Nicholas Murray Butler declares: 
 
 "The making of the American Constitution 
 was a stupendous achievement of men who 
 through reading, through reflection, through in- 
 sight, and through practical experience, had fully 
 grasped the significance of the huge task to which 
 they devoted themselves, and who accomplished 
 that task in a way that has excited the admiration 
 of the civilized world. Those men built a rep- 
 resentative republic; they knew the history of 
 other forms of government ; they knew what had 
 happened in Greece, in Rome, in Venice and in 
 Florence; they knew what had happened in the 
 making of the modern nations that occupied the 
 continent of Europe. Knowing all this, they de- 
 liberately, after the most elaborate debatf and 
 discussion both of principles and details pro- 
 duced the result with which we are so familiar. 
 . . . This government was founded by men 
 whose minds were fixed upon the problems in-
 
 64 Back to the Republic 
 
 volved in the creation of political institutions. 
 They were thinking of liberty, of representative 
 government, of protection against tyranny and 
 spoliation, and of ways and means by which pub- 
 lic opinion might, in orderly fashion, express 
 itself in statute laws, in judicial judgments and 
 in executive acts. The task of the founders was 
 a political task, and with what almost superhu- 
 man wisdom, foresight and skill they accom- 
 plished it, is recorded history. ... It is a note- 
 worthy and singular characteristic of our Amer- 
 ican government that the Constitution provides 
 a means for protecting individual liberty from 
 invasion by the powers of government itself, as 
 well as from invasion by others more powerful 
 and less scrupulous than ourselves. The prin- 
 ciples underlying our civil and political liberty 
 are indelibly written into the Constitution of the 
 United States, and the nation's courts are insti- 
 tuted for their protection. . . . 
 
 "The representative republic erected on the 
 American continent under the Constitution of 
 the United States is a more advanced, a more 
 just and a wiser form of government than the 
 socialistic and direct democracy which it is now 
 proposed to substitute for it. ... To put the 
 matter bluntly, there is under way in the United 
 States at the present time a definite and deter-
 
 The Constitution 65 
 
 mined movement to change our representative 
 republic into a socialistic democracy. That at- 
 tempt, carried on by men of conviction, men of 
 sincerity, men of honest purpose, men of patriot- 
 ism, as they conceive patriotism, is the most im- 
 pressive political factor in our public life of 
 to-day. . . . This attempt is making while we 
 are speaking about it. It presents itself in many 
 persuasive and seductive forms. It uses attract- 
 ive formulas to which men like to give adhesion; 
 but if it is successful, it will bring to an end the 
 form of government that was founded When our 
 Constitution was made and that we and our 
 fathers and our grandfathers have known ami 
 gloried in. 
 
 "We began the destruction of the fundamental 
 principles of representative government in this 
 country when we reduced the representative to 
 the position of a mere delegate ; when we began, 
 as is now quite commonly the case, to instruct 
 a representative as to what he is to do when 
 ' elected ; when we began to pledge him, in advance 
 of his election, that if chosen he will do certain 
 things and oppose others in other words, when 
 we reduced the representative from the high, 
 splendid and dignified status of a real represen- 
 tative chosen by his constituency to give it his 
 experience, his brains, his conscience and his best
 
 66 Back to the Republic 
 
 service, and made him a mere registering machine 
 for the opinion of the moment, whatever it might 
 happen to be." 
 
 That is a remarkably strong statement of what 
 our heritage was and a solemn warning against 
 the dangers toward which we have been drifting. 
 
 During an address on "The Constitution be- 
 tween Friends" delivered before the Missouri 
 Bar Association at Kansas City, Missouri, Sep- 
 tember 26th, 1913, Henry D. Estabrook paid a 
 magnificent tribute to the Constitution as 
 follows : 
 
 "And so, on this great continent, which God 
 had kept hidden in a little world here, with a 
 new heaven and a new earth, where former things 
 had passed away, the people of many nations* of 
 various needs and creeds, but united in heart and 
 soul and mind for the single purpose, builded an 
 altar to Liberty, the first ever built, or that ever 
 could be built, and called it the Constitution of 
 the United States. . . . 
 
 "O marvelous Constitution! Magic parchment, 
 transforming word, maker, monitor, guardian of 
 mankind! Thou hast gathered to thy impartial 
 bosom the peoples of the earth, Columbia, and 
 called them equal. Thou hast conferred upon 
 them imperial sovereignty, revoking all titles but 
 that of man. Native and exotic, rich and poor,
 
 The Constitution 67 
 
 good and bad, old and young, the lazy and the 
 industrious, those who love and those who hate, 
 the mean and lowly, the high and mighty, the 
 wise and the foolish, the prudent and the im- 
 prudent, the cautious and the hasty, the honest 
 and the dishonest, those who pray and those who 
 curse these are 'We, the people of the United 
 States' these are God's children these are thy 
 rulers, O Columbia. Into our hands thou hast 
 committed the destinies of the human race, even 
 to the omega of thine own destruction. And all 
 thou requirest of us before we o'erstep boun- 
 daries blazed for guidance is what is required of 
 us at every railroad crossing in the country: 
 'Stop. Look. Listen.' Stop and think. Look 
 before and after and to the right and left. Lis- 
 ten to the voice of reason and to the small, still 
 voice of conscience. . . . 
 
 "If the zealot, impatient of the wise caution 
 and delay enjoined by the Constitution, would 
 break down its barriers to hasty action, he should 
 be compelled, if only as a penance, to study the 
 Constitution and to know all the circumstances 
 out of which it grew, the quality of the men who 
 fashioned it, as well as the quality of the work 
 accomplished by them. He should be taught 
 these things in school. We have deposed the 
 Bible in our public schools ; would any American
 
 68 Back to the Republic 
 
 object if we substituted the Constitution? Why 
 should our schools have a 'Flag Day'? Why 
 should a teacher point her pupil to the flag and 
 the stars enskied in it, as the symbol of human 
 liberty, without telling him of the tremendous 
 Law that put each star in its place and keeps it 
 there? I would fight for every line in the Con- 
 stitution as I would for every star in the flag, 
 for flag and Constitution will live or die to- 
 gether. . . . 
 
 "I know not if the times are ripe, or if events 
 are merely gathering to a head; but soon there 
 must come someone some Washington in the 
 field or some Marshall in the forum who will 
 sound a trumpet that will once more rally us to 
 the defense of the Law." 
 
 Events have gathered to a head in this the 
 greatest of all war crises. The time is ripe for 
 the people of the world to understand that the 
 Constitution provided for the four elements that 
 constitute a republic and for nothing more. In 
 this book I am trying "to sound a trumpet" that 
 will rally us to a clearer understanding and a 
 more accurate use of governmental terms, which 
 is the all-important first step toward the "defense 
 of the Law," getting back to the republic and 
 grappling wisely and successfully with this grave 
 national and international situation.
 
 CHAPTER VI 
 DANGEROUS EXPERIMENTS 
 
 A LL variations from a strict and literal adher- 
 ^^ ence to the plan and form of government 
 provided by the Constitution have been dangerous 
 experiments to this country and mischievous in 
 their influence upon the world, and every evil 
 from which we suffer governmentally today can 
 be traced directly to a departure from the Con* 
 stitution. 
 
 Our most serious departure and variance 
 from the standard form of government was be- 
 gun when the people of the various States failed 
 to follow the plan of the Federal Constitution 
 and included in their constitutions material that 
 properly should have been statutory enactments, 
 and when they provided in the State constitutions 
 for the election of officials other than the execu- 
 tive and members of the legislative body. 
 
 The election of any official by popular vote, 
 aside from the executive and members of the leg- 
 islative body, is a violation and a dangerous ex- 
 periment which has brought disastrous results
 
 70 Back to the Republic 
 
 throughout the States. The moment that the 
 people take it upon themselves to elect heads of 
 departments and officials other than the execu- 
 tive and members of the legislative body, they 
 release the executive and legislative body from 
 full responsibility for the quality of public serv- 
 ice. It has been done to some extent in all of 
 the States and was the first fatal step in merging 
 the State governments, from republics, as guar- 
 anteed by the Constitution, toward democracies, 
 resulting in useless expenditures, excessive leg- 
 islation and chaotic administration. 
 
 How long do you think this government would 
 have lasted if the Constitution had provided for 
 the election of the judges of the Federal courts, 
 or for the election of members of the Cabinet who 
 serve as heads of departments ? 
 
 That departure and experiment is responsible 
 for all forms of the long ballot instead of the 
 short ballot provided for by the Constitution and 
 for which we are now clamoring, while at the 
 same time making it impossible; responsible for 
 the expenditure of billions of dollars in money, 
 and responsible for our having now ar\d having 
 had since the time of our departure from the 
 constitutional plan much less competent men in 
 the public service than if we had adhered to the 
 standard form and permitted the executive and
 
 Dangerous Experiments 71 
 
 legislative body in the State, county and city to 
 appoint the judiciary and all other officials. 
 
 It is a gross error to provide for the election of 
 judges under any form of government. There 
 is no issue that a candidate for judge can raise 
 in a campaign. The very name of the office 
 means that he is to decide matters in accordance 
 with the law and the evidence. 
 
 Our Federal judiciary, which is appointed, has 
 been much better and stronger than it would have 
 been had the Constitution provided for its elec- 
 tion. As a proof of this, several States where 
 the judiciary is appointed have a higher grade 
 of judges who do a much better quality of work 
 than is done in States where judges are elected. 
 
 Why should an aspirant for attorney general 
 go before the people and discuss the kind of opin- 
 ions that will be rendered? Opinions should and 
 must be based upon the law and facts. 
 
 Why should a candidate for State, county or 
 city treasurer go before the people and discuss 
 the custody of public funds ? It is a self-evident 
 proposition that public funds should be ac- 
 counted for honestly. 
 
 Why should a candidate for auditor, clerk or 
 recorder go before the people and discuss how 
 accounts or records will be kept? There is only 
 one way to keep records, and that is accurately.
 
 72 Back to the Republic 
 
 Why should a candidate for prosecuting at- 
 torney, or sheriff, or county coroner make a cam- 
 paign ? These officials are generally placed under 
 obligations during the campaign that lessen the 
 efficiency of their service after election. 
 
 The appointment of every board that has 
 ever been named since the Constitution was 
 adopted marks a departure from the standard 
 form of government and a dangerous experi- 
 ment, and the existence of all boards has served 
 merely to increase expenses, lessen the efficiency 
 of public service and confuse the administration 
 of government. 
 
 Alexander Hamilton, to whom we owe more 
 than to any other single individual for the stand- 
 ard form of government, and to whom the world 
 owes more than to any one else for enlightenment 
 in the field of political science, sounded a warn- 
 ing note when this dangerous experiment was 
 first instituted in this country. He said: 
 
 "Lately Congress . . . have gone into the 
 measure of appointing boards, but this, in my 
 opinion, is a bad plan" 
 
 All commissions that have been appointed 
 since the Constitution was adopted were depar- 
 tures and dangerous experiments, and their ex- 
 istence has resulted in the expenditure and waste 
 of billions of dollars, lessened the efficiency of
 
 Dangerous Experiments 73 
 
 public service, and confused governmental pro- 
 cedure. 
 
 Abraham Lincoln, to whom we owe more than 
 to any other single individual for the preserva- 
 tion of the republic, expressed in no uncertain 
 terms his opinion of boards and commissions. 
 Just before Lincoln started for the Ford The- 
 ater, on the night of his assassination, Mr. Ash- 
 mun, who had presided over the convention of 
 1860, in which Lincoln was nominated for Presi- 
 dent, called at the White House. He told Mr. 
 Lincoln that he still had the gavel which he had 
 wielded in that convention, and after a few mo- 
 ments' conversation, he said: "Mr. Lincoln, I am 
 interested in a cotton claim, and I want you to 
 appoint a commission to investigate the matter 
 and report." Lincoln replied, with so much 
 earnestness and warmth that he afterwards apol- 
 ogized to Mr. Ashmun for his abrupt manner: 
 
 "Ashmun, I have done with commissions. I 
 think they are contrivances to cheat the gov- 
 ernment" 
 
 I am glad that Lincoln uttered those words in 
 the very ripeness of his experience, the maturity 
 of his judgment and the fullness of his wisdom. 
 It was Lincoln's last expression concerning gov- 
 ernment, and I think by far the most important 
 of all his great utterances. Would that these
 
 74 Back to the Republic 
 
 words might be displayed all over the world in 
 letters of gold by day and with moving electric 
 lights by night as the last solemn warning of the 
 mighty Lincoln against the wholesale appoint- 
 ment of commissions, which is one of the evil 
 tendencies of the present time. 
 
 As people come to know that Lincoln spoke 
 those words and come to understand the full pur- 
 port of their meaning, the spirit of the great 
 Emancipator will live on, freeing the world from 
 a dangerous experiment that is weakening the 
 effectiveness of our government and undermin- 
 ing the efficiency of Other governments through- 
 out the world. 
 
 It would take many large volumes to review 
 the expenditures and failures of the various 
 boards and commissions that are gradually 
 wrecking the republic. 
 
 The Inter-State Commerce Commission was 
 heralded as an innovation that was to do great 
 things. Its net result has been the expenditure 
 of millions of dollars wastefully while it made 
 unreasonable rulings that retarded the extension 
 of railroad tracks and the building of cars, so that 
 today the service does not meet the demand. Sev- 
 eral roads have been wrecked and innocent in- 
 vestors have lost their money. Confidence has 
 been shaken in railroad securities so that they are
 
 Dangerous Experiments 75 
 
 a drug upon the market, and now the same agi- 
 tators and newspapers who were clamoring for 
 control, destruction and punishment of the rail- 
 roads are asking that their rates be increased, 
 that they be given a chance, that they actually re- 
 ceive charitable assistance from the government. 
 
 In this great war crisis commissions are being 
 added and multiplied instead of subtracted and 
 divided as they should be. It was the purpose 
 of the Constitution that all governmental work 
 aside from the legislative and judicial branches 
 should be performed by heads of departments 
 and their subordinates, and that we should 
 be represented abroad by ambassadors, ministers 
 or consuls. 
 
 When Franklin went to France in the early 
 days, he went alone as an ambassador with a def- 
 inite message, that of soliciting military and 
 financial aid from France. When he had made 
 his appeal to the French government he secured 
 favorable action. I want to ask you, dear reader, 
 what you think the result would have been if 
 Franklin had been serving on a commission of 
 five or more men and they had all gone together, 
 and after he had finished making his appeal he 
 had then said : "We have with us also Mr. Brown, 
 who will now present the matter." Mr. Brown 
 in presenting the matter would doubtless have
 
 76 Back to the Republic 
 
 made some variance from Franklin's presenta- 
 tion. If, when Mr. Brown had finished, he had 
 then said: "We have with us Mr. Jones, who 
 will now present the matter," Mr. Jones would 
 doubtless have made some variance in his pres- 
 entation between that of Mr. Franklin and Mr. 
 Brown. If, after Mr. Jones had finished, he had 
 then said : "We have also with us Mr. Smith, who 
 will present the matter," Mr. Smith doubtless 
 would have made some variance from the other 
 three. If, when Mr. Smith had finished, he had 
 then said: "We have also with us Mr. White, 
 who will now present the matter," Mr. White 
 would no doubt make some variance from the 
 presentations of the other four. 
 
 Don't you think the officials of France would 
 have been somewhat confused at the close of the 
 presentations and would have suggested that the 
 commission return to America and they would 
 think the matter over? Upon a comparison of 
 the variances in the several presentations they 
 would conclude that it would perhaps be better 
 to do nothing, or to have another session at some 
 future time, and we would have had the privilege 
 of paying the salaries and expenses of five with- 
 out securing the desired result. In addition, there 
 would have been the danger that each man, in 
 his ambition to be the big man on the commission,
 
 Dangerous Experiments 77 
 
 would feel the necessity of slightly discrediting 
 the other four. 
 
 This is one of many illustrations that might be 
 given, and the pity is we are growing worse in- 
 stead of better in this regard. 
 
 Suppose that when President Wilson called 
 Elihu Root to Washington and asked him to go 
 on a commission with Russell, who had been as- 
 saulting our institutions for many years, and 
 other men who had no concept of the meaning 
 of a republic, Mr. Root had said: "Mr. Pres- 
 ident, I am seventy-two years old and willing to 
 undertake this hazardous journey, but if I go, 
 I must go alone as an ambassador, as Franklin 
 went to France, and I must go with a definite 
 message that must have your approval before I 
 start, and no interference after I leave. That 
 message will be the Constitution of the United 
 States translated into the Russian language. 
 Upon my arrival I will ask that the Constitution 
 be read in the Russian language to those who 
 are assembled to consider the new government 
 for Russia. After the reading of the Constitu- 
 tion, I will ask for an interpreter, through whom 
 I will say that this Constitution provided for the 
 first form of government that ever worked well, 
 and that, if they wish to utilize its teachings in 
 working out their problems, I will be glad to be
 
 78 Back to the Republic 
 
 of such service as I can ; if not, that I will return 
 home, leaving that definite message with them to 
 make use of when they have exhausted the dan- 
 gerous experiments in which they are engaged." 
 
 That would have sounded a clear note, and if 
 Mr. Root had gone under those conditions, he 
 would have given Russia a clear, definite and con- 
 structive message. But instead we sent a large 
 commission, at great expense, without a definite 
 message, and the result is, to say the least, ex- 
 tremely unsatisfactory. 
 
 The judgment displayed in sending Root and 
 Russell together on a governmental mission was 
 as unsound as it would have been to send Dwight 
 L. Moody and Bob Ingersoll together to put on 
 an evangelistic campaign, or to have sent Jim 
 Hill and Eugene V. Debs together to manage 
 the construction of a railway system. 
 
 All so-called efficiency commissions with which 
 I am familiar and I have had years of experi- 
 ence in the public service remind me of the 
 ironical definition given by Job Hedges, that 
 "efficiency is letting some one else run your busi- 
 ness as they want to at your expense." Effi- 
 ciency, like the word liberty, has been overworked 
 by impostors. 
 
 Civil service commissions were heralded as 
 agencies that would usher in the millennium of
 
 Dangerous Experiments 79 
 
 efficient governmental service, but the result of 
 their work has been quite largely to fasten upon 
 the payroll hundreds of employes who contribute 
 little to the public service and many of whom 
 are guilty of indifference and insubordination. 
 Those who have rendered good service would have 
 done so without the protection of a civil service 
 commission. These commissions may well be de- 
 fined as plagues on the body politic which dissem- 
 inate the germ that produces the tired feeling. 
 
 During the first forty years of this republic, 
 when there were no civil service commissions, pub- 
 lic-service appointees (except those with spe- 
 cified limit of tenure) were retained during good 
 behavior. So rarely were they removed that there 
 was a total of less than one hundred changes 
 during the forty years prior to the administration 
 of Andrew Jackson. He was inoculated with 
 the spirit of democracy and the characteristics 
 of the demagogue. So slight was his conception 
 of the plan and purpose of the republic that he 
 arbitrarily dismissed hundreds of faithful, well 
 equipped public- service appointees and replaced 
 them with his personal followers without regard 
 to fitness or the public welfare. 
 
 The executive and the members of the legis- 
 lative body, who are held responsible for the 
 quality of public service during their term of
 
 80 Back to the Republic 
 
 office, should have the power to designate who 
 the public-service employes should be. There- 
 fore the people should exercise the greatest care 
 in selecting those who shall have the appointive 
 power. 
 
 In our great industrial institutions it does not 
 follow that a change of administration is fol- 
 lowed by a wholesale dismissal of the employes of 
 those institutions. On the contrary, compar- 
 atively few changes occur. It is interesting to 
 note how closely the republic corresponds in op- 
 eration to the corporation. In a corporation 
 there are an executive and a board of directors, 
 who, working together, have all power of ap- 
 pointment, all power of making regulations and 
 all power of financing. 
 
 The great proportion of our ablest men dur- 
 ing recent years have entered the business world, 
 where they have been more or less indifferent to 
 the affairs of government. This great crisis, 
 however, has aroused them to splendid coopera- 
 tion, and they are now thinking about patriotism 
 and public service. 
 
 I would like to ask the business men what would 
 happen to their institutions if, instead of sending 
 out salesmen with a definite purpose of selling 
 goods, they should send out, to visit their cus- 
 tomers, commissions without any definite pur-
 
 Dangerous Experiment* 81 
 
 pose, who nevertheless were guaranteed large sal- 
 aries and liberal expense accounts. 
 
 Would it be wise for business men to submit to 
 the popular vote of the men in the factory the 
 question as to whether or not an additional build- 
 ing should be added to the plant ? 
 
 What would happen if they made it a custom, 
 after the appointment of a master mechanic or 
 head of a department, to take a referendum vote 
 of the employes and the stockholders as to 
 whether or not he should retain his position? 
 
 There has been a disposition on the part of a 
 large percentage of employes to encourage de- 
 partures from the republic; to try to coerce can- 
 didates into making pledges before election; to 
 try to influence legislation by threatening to 
 throw the union vote against a representative who 
 is trying to be fair in the enactment of laws. 
 
 Any effort toward class legislation or class di- 
 vision is an appeal to passion, prejudice or cupid- 
 ity. It is the work of demagogues, be they labor 
 leaders, politicians or so-called social- justice re- 
 formers. The spirit of a republic is to recognize 
 the equality of all before the law. 
 
 Unions have a right to organize and fix a 
 scale of wages, and my sympathy is with them, 
 so long as they do not molest the rights of persons 
 or the rights of property, but they have no right
 
 82 Back to the Republic 
 
 to destroy property or to do bodily harm to pre- 
 vent individuals from working where they please, 
 when they please, and for what they please. 
 
 Much credit for increasing wages has been 
 given labor leaders and unions which they do not 
 deserve. 
 
 The price of eggs has advanced as rapidly as 
 wages have increased, but the hens have no 
 unions. The prices of milk, butter and cheese 
 have advanced as rapidly as wages have in- 
 creased, but the milch cows have no unions. The 
 price of clothing has advanced as rapidly as 
 wages have increased, but cotton and wool have 
 no unions. We have simply lessened the pur- 
 chasing power of the dollar through the inflation 
 of values. The law of supply and demand is sure 
 to work, because it was divinely made, and it is 
 as certain as the law of gravitation, the law of 
 growth or the law of life. 
 
 Employes should remember that the republic 
 was the first form of government that gave labor 
 a chance. The worst year for labor in the United 
 States was better than the best year for labor 
 in any other country in the history of the world. 
 The republic was the first form of government 
 that made it possible for the section hand to be- 
 come president of a railroad, a clerk to become 
 president of a bank, a farm boy to become Gov-
 
 Dangerous Experiments 83 
 
 ernor of his State, a rail-splitter to become Pres- 
 ident of the republic; not because he was a clerk, 
 a section hand, a farm boy or a rail-splitter, but 
 because he developed body, mind and character 
 sufficient to make him worthy of such responsi- 
 bility. 
 
 All employes in this country, for their own sake 
 and the good of posterity, should uphold the 
 rights of person and the rights of property as 
 sacred. 
 
 Women who are taking on the added duties of 
 citizenship should be the last to encourage depar- 
 tures from the republic. As one who has consist- 
 ently championed the cause of equal suffrage for 
 twenty-four years and did it fearlessly when it 
 was less popular than now, I have been chagrined 
 during recent years at the manner in which some 
 women have urged dangerous experiments and 
 applauded the fallacies of the flattering dema- 
 gogue. Women should remember that the re- 
 public was the first form of government under 
 which they were permitted to enter colleges and 
 universities and enjoy the rights of property and 
 the rights of person. 
 
 Excessive and foolish legislation will not bring 
 the millennium, nor can the government success- 
 fully assume the functions of the home, the 
 school or the church. Women should be less
 
 84 Back to the Republic 
 
 active in mischievous agitation and strive for a 
 better understanding) of the Constitution, the 
 meaning of a republic and the purposes of the 
 founders of this government. 
 
 I would like to ask the educators in our col- 
 leges and universities a few questions. 
 
 Would it be wise for the president and trustees, 
 after they had appointed the heads of depart- 
 ments and the members of the faculty, to call in 
 a dictator or a commission to determine what 
 courses of study should be pursued by the student 
 body? 
 
 What effect would it have on discipline in 
 the university if it were provided that the stu- 
 dent body could take a referendum vote to de- 
 termine the question as to whether or not a regu- 
 larly appointed instructor should retain his posi- 
 tion or be recalled? 
 
 Would it be advisable to allow the students to 
 take up through the initiative the question of 
 whether or not they should pay tuition? 
 
 What would be the result of such procedure in 
 our educational institutions? 
 
 Consideration of these questions suggests anal- 
 ogies to what is happening in the administration 
 of government through the appointment of 
 boards and commissions, the initiative, referen- 
 dum, recall, government ownership, socialistic
 
 Dangerous Experiments 85 
 
 doctrines and anarchistic heresies all danger- 
 ous weapons in the hands of demagogues for 
 mischief -making. 
 
 Lincoln gave a very good definition of boards 
 and commissions when he said: "I think they 
 are contrivances to cheat the government." 
 
 Socialism is that phase of democracy which 
 negates property rights. 
 
 Anarchy is that phase of democracy which ne- 
 gates law. 
 
 The initiative is that phase of democracy 
 which makes it possible for the infuriated mob, 
 under the leadership of the demagogue, to enact 
 legislation. 
 
 The referendum is that phase of democracy 
 which assumes that the minority should rescind 
 impulsively at a special election the deliberate 
 action of the majority at a regular election. 
 
 The judicial recall is that phase of democracy 
 which makes it possible to take a case from the 
 courtroom, where it may be decided in accordance 
 with the law and the evidence, to the street-cor- 
 ners, where the agitators may appeal to passion 
 and prejudice. 
 
 Government ownership is that phase of democ- 
 racy which assumes thaJ- government should nofc 
 mind its own business. 
 
 We should at once abandon all of these dau
 
 86 Back to the Republic 
 
 gerous experiments by discharging every board 
 and commission that has been created and by re- 
 pealing all statutory enactments that have pro- 
 vided for the initiative, referendum and recall 
 in any of the several States. We should avoid 
 the dangers of socialism and anarchy and govern- 
 ment ownership as perils that threaten to shake 
 the very foundation of the republic. 
 
 The thought that I wish to make clear is that 
 our national government has grown weaker, 
 more inefficient, more ineffective, more chaotic 
 and more wasteful of public money than it other- 
 wise might have been, just in proportion as 
 through the creation of boards, commissions, dic- 
 tators, excess legislation, etc., we have departed 
 from and failed to adhere strictly and literally 
 to the standard form, the golden mean, the re- 
 public. 
 
 Our State governments are weaker, more in- 
 efficient, more ineffective, more chaotic and more 
 wasteful of public funds than they otherwise 
 might have been, just in proportion as they have 
 failed to adopt the standard form or have failed 
 to require that it be strictly and literally adhered 
 to, instead of putting statutory material into our 
 State constitutions providing for the election of 
 officials other than the executive and members 
 of the legislative body, appointing boards and
 
 Dangerous Experiments 87 
 
 commissions, and creating other agencies that 
 merely result in increasing expenses and con- 
 fusing governmental procedure. 
 
 Our county and city governments are weaker, 
 more inefficient, more ineffective, more chaotic 
 and more wasteful of public funds than they 
 otherwise might have been, just in proportion 
 as the State governments have failed to provide 
 for them the standard form and to require that 
 it be strictly and literally adhered to. 
 
 All foreign governments are weaker, more in- 
 efficient, more ineffective, more chaotic and more 
 wasteful of public funds than they otherwise 
 might have been, just in proportion as they have 
 failed to comprehend and adapt the standard 
 form to their governments and to require that it 
 be strictly and literally adhered to. 
 
 All minor political divisions of all foreign 
 countries are weaker, more inefficient, more in- 
 effective, more chaotic and more wasteful of pub- 
 lic funds than they otherwise might have been, 
 just in proportion as foreign governments have 
 failed to provide the standard form and to re- 
 quire that it be strictly and literally adhered to. 
 
 Unfortunately, a very large proportion of our 
 public officials during the past twenty-five years 
 have been demagogues who have had little concept 
 of the meaning of a republic. They have substi-
 
 88 Back to the Republic 
 
 tuted personality for principle, preachments for 
 practice, pretense for performance, agitation for 
 achievement, invective for ingenuity, experiment 
 for execution, rashness for restraint, rhetoric for 
 results, and coercion for the Constitution. 
 
 Why not open our eyes to these self-evident 
 truths, stop electing demagogues to public office 
 and avoid the quicksands, whirlpools and preci- 
 pices of dangerous experiments?
 
 CHAPTER VII 
 THE SHORT BALLOT 
 
 'T^HE only way to secure the short ballot is to 
 make the ballot short. The Constitution 
 provided for a short ballot. The republic itself 
 is the short-ballot plan. 
 
 The short ballot necessitates divesting the 
 form of government of all elective officials other 
 than the executive and members of the legislative 
 body and abandoning all forms of the initiative, 
 referendum and recall. 
 
 Nearly all of the short-ballot proclaimers are 
 rabid advocates of all manner of propaganda 
 that makes the ballot long. At a so-called na- 
 tional convention held recently at the Sherman 
 House in Chicago for the ostensible purpose of 
 organizing a new political party, the self-ap- 
 pointed delegates of that convention resolved in 
 favor of the short ballot and in the next breath 
 declared in favor of the initiative, referendum 
 and recall. Their conduct was about as consist- 
 ent as it would be for delegates to a prohibition 
 convention to shout for temperance and then guz- 
 zle whiskey between shouts. 
 
 89
 
 90 Back to the Republic 
 
 We have four types of government in this 
 country: national, State, county and city. Each 
 has separate and distinct functions to perform, 
 and yet we are in a constant turmoil of confu- 
 sion because we do not consider them one at a time 
 and also make each type adhere strictly to the 
 standard form. We carry on national, State, 
 county and city elections at one and the same 
 time, so that the issues are confused and candi- 
 dates for local office are carried through on the 
 national ticket regardless of fitness or standing 
 on local questions. 
 
 It is high time that we should undertake the 
 adoption of a clear, concise, comprehensive and 
 constructive plan that would make for economy 
 of energy and expense ; for real efficiency in serv- 
 ice and administration; for effectiveness in ex- 
 pressing the will of the people and securing 
 results that mean real progress. 
 
 The following plan, if carried out, would ac- 
 complish that and secure the short ballot : 
 
 Separate the affairs of nation, State, county 
 and city and consider one type of government 
 each year. 
 
 Fix a time for holding one primary and one 
 election each year, as indicated in the outline 
 which is here presented :
 
 The Short Ballot 
 
 91 
 
 PRIMARY DAY 
 
 1924 Hold primaries of all 
 parties to select delegates 
 to attend National Con- 
 vention to nominate Presi- 
 dent and Vice-President, 
 and delegates to attend 
 congressional conventions 
 and nominate congressmen. 
 
 1925 Hold primaries of all 
 parties to select delegates 
 to attend State Conven- 
 tions and nominate Gover- 
 nor and Lieutenant Gover- 
 nor and delegates to at- 
 tend district conventions 
 to nominate condidates for 
 the State Legislature. 
 
 1926 Hold primaries to 
 select delegates to attend 
 County Conventions and 
 nominate candidates for 
 President and members of 
 the County Board, and 
 delegates to attend con- 
 gressional conventions and 
 nominate congressmen. 
 
 1927 Hold primaries to 
 select delegates to attend 
 City Convention to nomi- 
 nate Mayor, and delegates 
 to attend ward conven- 
 tions to nominate alder- 
 men, and delegates to at- 
 tend district conventions 
 
 to nominate members of 
 the State Legislature. 
 
 ELECTION DAY 
 
 1924 Hold national elec- 
 tion to elect a President 
 and Vice-President and 
 members of Congress who 
 shall have power to ap- 
 point all other public offi- 
 cials of the) national gOT- 
 ernment. 
 
 1925 Hold State election 
 to elect a Governor and 
 Lieutenant Governor and 
 members of the State 
 Legislature who shall 
 have power to appoint all 
 other public officials of the 
 State government, 
 
 1926 Hold county election 
 to elect President and 
 members of the County 
 Board, who shall have 
 power to appoint all other 
 public officials of the coun- 
 ty government, and to elect 
 members of Congress. 
 
 1927 Hold city election to 
 elect Mayor and members 
 of the City Council, who 
 shall have power to ap- 
 point all other public offi- 
 cials of the city govern- 
 ment, and to elect members 
 of the State Legislature. 
 
 Note. Article XVII, amending the Federal Constitution 
 to provide for direct election of U. S. Senators, should be 
 repealed and the original plan provided by the Constitution 
 should be restored.
 
 92 Back to the Republic 
 
 If the State governments would repeal the 
 confused primary and election laws which are 
 now upon the statute books and each State would 
 enact a primary and election law somewhat in 
 accord with the foregoing plan, it would save 
 much time and money which is being wasted by 
 electors and taxpayers and would greatly reduce 
 the danger of demagogues and encourage the 
 selection of much better public officials. 
 
 It would have a very wholesome influence on 
 the confused thinking of this generation if the 
 tremendous truth could be forcefully clarified 
 that God Almighty placed a tremendous respon- 
 sibility upon the wise exercise of the law of 
 selection. It makes little difference in what field 
 of activity that great truth is applied ; whether in 
 the selection of the right husband or wife, the 
 right surgeon or doctor, the right engineer or 
 architect, and emphatically is this true in the 
 selection of public officials. There is no progress 
 in any field of activity where democracy or direct 
 action prevails. The men who wrote the Consti- 
 tution understood the importance of providing 
 for the wise exercise of the law of selection. This 
 plan provides that the people may select delegates 
 in their own communities, where they are ac- 
 quainted with them, to attend conventions for the 
 purpose of selecting candidates and writing the
 
 The Short Ballot 93 
 
 platform upon which they will make their cam- 
 paign for election and which they would be 
 pledged to carry out in the event of their elec- 
 tion. 
 
 Under this plan the elector would not he re- 
 quired to vote on more than three or four names 
 at the national, State, county or city primaries 
 and elections. 
 
 No other public officials should be elected. All 
 other officials should be appointed on the basis of 
 efficiency by the various national, State, county 
 and city officers chosen by the people to repre- 
 sent them. 
 
 In order to obtain the short ballot we must 
 cease electing public officials that should be se- 
 lected by appointment, and stop submitting pro- 
 posals to popular vote that should be determined 
 by the legislative body. 
 
 The most efficient way of conducting busi- 
 ness on a large scale has been found to be through 
 a corporation managed by an executive and de- 
 liberative body, chosen by the stockholders, with 
 power to appoint heads of departments and their 
 subordinates on the basis of efficiency, and with 
 power of removal when advisable for the good of 
 the service. 
 
 Each of the four types of government, nation- 
 al, State, county and city, is a corporation for
 
 94 Back to the Republic 
 
 public service, and the standard form provides 
 for the nomination and election of an executive 
 and legislative body by the people, these officers 
 to be given full power of appointment and of re- 
 moval and to be held responsible for the quality 
 of public service just as the elective officers of 
 private corporations are held responsible to the 
 stockholders for quality in private service. 
 
 The people are interested in good government 
 just as they are interested in good engineering, 
 good surgery, good music, etc. Good service is 
 secured; not in the discussion and decision of 
 questions concerning which little generally is 
 known ; but in the selection of those who do know. 
 
 The plan makes possible a calm and deliber- 
 ate discussion of issues pertaining to the four 
 types of government. It would also tend to- 
 ward the development of more competent men 
 to serve in both elective and appointive positions, 
 and furthermore it would aid in developing 
 specialists. 
 
 Under this plan the children in our public 
 schools could study with understanding, not only 
 the form of our government, but also the machin- 
 ery for making it work successfully, because the 
 plan is not only clear, concise, comprehensive 
 and constructive, but it is so simple that any one 
 can understand it and our youth could be fully
 
 The Short Ballot 95 
 
 equipped for the duties of citizenship when they 
 become of age. 
 
 Our colleges and universities could teach their 
 students the meaning of a republic and how to 
 administer government in accordance with the 
 plan of a republic, and equip students who have 
 a taste for public service with information that 
 would make them useful instead of cramming 
 their heads with unsound theories and imprac- 
 tical suggestions which give them no concept of 
 what a republic is or of its plan of government. 
 The graduates of our State universities receive 
 sixteen years' education at the expense of the 
 State, and for that they owe the public, which 
 pays the bill, at least the return of intelligent and 
 effective citizenship. 
 
 If this plan were adopted foreigners who come 
 to this country would gain a clearer conception of 
 the genius of our government in four years than 
 they now acquire, in the present mixed state of 
 affairs, in twenty years. 
 
 At this time, too, when women are taking on 
 the added duties of citizenship, they could give 
 much better cooperation if the machinery of gov- 
 ernment were simplified and clarified. 
 
 This plan would save millions of dollars annu- 
 ally to the taxpayers, to say nothing of the mil- 
 lions it would save to the public officials, who are
 
 96 Back to the Republic 
 
 now required to make campaigns for elections, 
 and who should be selected by appointment. 
 
 It would stimulate and clarify the work of our 
 government and make for real progress in the 
 solution of many of our most complex problems. 
 
 It would assure the preservation of this repub- 
 lic, based upon the Constitution, and maintain 
 the judiciary unimpaired at this time when we 
 are threatened with mobocracy and recall. 
 
 It would meet the demand of the most radical 
 short-ballot advocates and simplify to the point 
 of efficiency and effectiveness the vote cast by 
 an elector. 
 
 It would give us the Short Ballot.
 
 CHAPTER VIII 
 ORGANIZATION 
 
 QRGANIZATION is the best method where- 
 by concentration of thought, singleness of 
 purpose and unity of action may be secured for 
 the accomplishment of desired results. 
 
 There is no field of activity in which desired 
 results are of greater importance than in politics. 
 Freeman once said: "History is past politics, and 
 politics is present history." This truism is worthy 
 of serious thought. 
 
 Have you ever stopped to think that when you 
 step to the faucet in the morning to turn on the 
 water, the water is there as a result of politics; 
 that the quality and condition of the streets and 
 sidewalks on which you travel is determined 
 through politics ; that the quality of sewerage and 
 garbage service is determined through politics; 
 that the quality of the police and fire protection 
 is determined through politics ; that public-school 
 houses are built through politics ; that the teachers 
 and other school officials are selected through pol- 
 itics ; that the courthouses are built through poli- 
 
 97
 
 98 Back to the Republic 
 
 tics; that the judge and jury and other court 
 officials are selected through politics; that our 
 postoffices are built or leased through politics; 
 that the postmasters, mail carriers and other 
 postal officials are selected through politics ; that 
 the amount of taxes that you pay and the method 
 of their expenditure are determined through 
 politics; that the question of peace or war is de- 
 termined through politics? So the enumeration 
 might be continued indefinitely. 
 
 Whether we will or no, we are bound up in 
 the very warp and woof of politics. We cannot 
 escape it and we cannot take these things out of 
 politics. These services touch our comforts, our 
 necessities, our luxuries, and the very protection 
 of our lives. It behooves all citizens, therefore, 
 to be awakened to a keen realization of their obli- 
 gation and be vigilant in the selection of officials 
 who in a representative capacity assume the re- 
 sponsibility of conducting public affairs. It is 
 also important that these officials work through 
 the best possible organization. The republic, 
 which is based upon four elements, provides the 
 best possible medium for such an organization. 
 
 I do not know that there is magic in the figure 
 four, but it has played a great part in civilization. 
 After the earth was created, four kingdoms were 
 provided: the human, animal, vegetable and
 
 Organization 99 
 
 mineral. Four seasons of the year seemed neces- 
 sary : spring, summer, autumn and winter. There 
 are four directions: north, south, east and west. 
 Any direction can be described with these four 
 words. In mathematics it is necessary to com- 
 pute four ways: addition, subtraction, multi- 
 plication and division. The problem of trans- 
 portation is worked out on four-wheeled vehicles. 
 The animals that travel swiftly and carry great 
 burdens rest upon four legs. We have four insti- 
 tutions: the home, the school, the church and the 
 government. The founders of the republic organ- 
 ized a government that rests upon four elements, 
 and it stood four-square to all the world. They 
 also provided for four types of government: 
 national, State, county and city. 
 
 NATIONAL GOVEENMENT 
 
 The diagram shown on page 101 is an illustra- 
 tion of the national government at work, organ- 
 ized as planned by the Constitution. 
 
 The Constitution provides that the executive, 
 with the concurrence of the legislative body, 
 should appoint heads of departments and their 
 subordinates to cover the various fields of activ- 
 ity within the realm of national government. The 
 heads of departments constitute the Cabinet. It 
 was contemplated that committees would be ap-
 
 100 Back to the Republic 
 
 pointed in the Senate and in the House to corre- 
 spond to and cooperate with the various Cabinet 
 departments as follows: The committees on in- 
 ternational affairs in the Senate and House to 
 correspond to and cooperate with the Secretary 
 of State in the Cabinet ; the committees on naval 
 affairs, with the Secretary of the Navy ; the com- 
 mittees on military affairs, with the Secretary of 
 War; the committees of way and means, with 
 the Secretary of the Treasury; the committees 
 on public lands, with the Secretary of the Inte- 
 rior ; the committees on agriculture, with the Sec- 
 retary of Agriculture; the committees on com- 
 merce, with the Secretary of Commerce ; the com- 
 mittees on labor with the Secretary of Labor; 
 the committees on judiciary, with the Depart- 
 ment of Justice ; the committees on postal affairs 
 with the Postoffice Department. 
 
 It was contemplated that the President would 
 select the best qualified men available for the 
 Cabinet positions, and that the Senate and the 
 House would appoint on the various committees 
 the men who had the best training, knowledge 
 and natural ability to be of service on those com- 
 mittees. Then, when an important matter arose 
 which had to be dealt with, it was contemplated 
 that the President would confer with the Cabi- 
 net member whose department covered that field
 
 x-N ( CABINET MEMBER 
 
 I 1 \ LEGISLATIVE COMMITTEE 
 
 >-X MINOR COURT 
 
 OAN INOI 
 ,. Right 
 
 N 
 
 O Subordinate department 
 head 
 
 O Public service employe 
 
 INDIVIDUAL RIGHT 
 r$ of person 
 
 2. Riqht-f of properly 
 
 3. Religious freedom 
 4 Trial by jury 
 
 s. Patent - Copyright- 
 6. Freedom of speech 
 7 Freedom of the press 
 el-c., etc., etc. 
 
 NATIONAL GOVERNMENT ORGANIZED AS A REPUBLIC
 
 Organization 103 
 
 of activity, and also with the chairmen of the 
 committees in the House and Senate that should 
 cooperate with that Cabinet department. 
 
 To illustrate from the diagram, the Secretary 
 of State is designated as "A" in the executive 
 department, and the committees in the House 
 and Senate on international affairs are desig- 
 nated as "A," the lines connecting them illus- 
 trating the relation that exists between the exec-* 
 utive and legislative departments. If a ques- 
 tion concerning the Orient should arise in inter- 
 national affairs, the plan of the republic, strictly 
 adhered to, contemplates that the President shall 
 call into his presence the Secretary of State and 
 the chairmen of the committees on international 
 affairs in the Senate and House for deliberation, 
 and they shall constitute the governmental 
 agency to deal with that question. 
 
 Different portions of the world would doubt- 
 less be assigned to various assistants in the De- 
 partment of State for study and expert knowl- 
 edge, and likewise different portions of the world 
 would be assigned to various members of the 
 committees on international affairs in the Senate 
 and House for study and expert knowledge. 
 Should it develop at the conference that one or 
 more of the assistants in the Department of 
 State had special knowledge pertaining to the
 
 104 Back to the Republic 
 
 Orient, and some member of the committee on 
 international affairs in the House or Senate, 
 other than the chairman, had special knowledge 
 pertaining to the Orient, then they, too, would 
 be invited into the conference. When a course 
 of action had been determined upon as a result of 
 the conference, the work of execution would be 
 carried on through the regularly constituted 
 channels of a republic provided for by the Con- 
 stitution. 
 
 In the same mamer, if a question of food 
 arose, it would be handled in a similar way 
 through the Department of Agriculture and the 
 committees on agriculture in the Senate and 
 House. In like manner other problems would 
 be handled through the various Cabinet depart- 
 ments and various committees in the House and 
 Senate. 
 
 That is exactly the course pursued by George 
 Washington in the conduct of his work as execu- 
 tive of the republic. 
 
 That is exactly the course pursued by Abra- 
 ham Lincoln in his conduct of the Civil War and 
 of other domestic and international problems 
 which arose during his administration. 
 
 That is exactly the course pursued by William 
 McKinley in his conduct of the Spanish- Ameri- 
 can war and of other domestic and international
 
 Organization 105 
 
 problems which arose during his administration, 
 and on the work of each history has rendered the 
 verdict: "Well done, thou good and faithful 
 servant." 
 
 It was never contemplated by the men who 
 wrote the Constitution and founded this republic 
 that individuals, boards and commissions should 
 be called in hastily and promiscuously, from the 
 outside, and assigned dictatorial and autocratic 
 power on momentous undertakings. Such a 
 course usurps the proper jurisdiction of regu- 
 larly appointed heads of Cabinet departments 
 and regularly elected members of the legislative 
 body. 
 
 It would seem that modern business men, with 
 their marvelous capacity for achieving desired 
 results effectively, would readily see the tremen- 
 dous importance of this method of administra- 
 tion, for it is the way they have built up the great 
 institutions of this country. 
 
 In a republic the important function of the 
 executive is to appoint capable and well fitted 
 men for the governmental positions and to make 
 recommendations to Congress. When the execu- 
 tive makes wise appointments, his success is well 
 nigh assured. 
 
 The important function of the legislative body 
 is to enact wise laws and make judicious expen-
 
 106 Back to the Republic 
 
 ditures. Congress enacts very many more laws 
 than it should and spends much more money than 
 is necessary to secure better service than we now 
 have. 
 
 The important function of the judiciary is to 
 render sound decisions which should be stated 
 clearly and limited to the question at issue. We 
 have too many courts, too much litigation, and 
 far too many reports. 
 
 The important function of individual rights 
 is to stand guard day and night to prevent the 
 government or any person or group of persons 
 from trespassing upon the inherent rights guar- 
 anteed by the Constitution to every individual 
 under its protection. 
 
 STATE GOVERNMENT 
 
 The diagram on the opposite page is an illus- 
 tration of the State government organized as it 
 should work under the guaranty of the Consti- 
 tution. Section 4, article 4 of the Constitution 
 guarantees to every State in the Union a repub- 
 lican form of government. It was contemplated 
 that the Governor and legislative body would 
 appoint heads of departments and their subor- 
 dinates to cover the various fields of activity 
 within the realm of State government. The heads 
 of departments should be called the Governor's
 
 O (CABINET MEMBER 
 I LEGISLATIVE COMMITTEC 
 I MINOR COURT 
 
 O Subordinate department 
 head 
 
 O Public service employe 
 
 OAN INDIN, 
 i. Righte 
 D: -uu. 
 
 JNDIVjDUAL RIGHT 
 . j of person 
 Z. Riqhte of properly 
 3. Reliqious freedom 
 4 Trial by jury 
 s. Paterrt Copl^riqh^ 
 6, Freedom of speech 
 7. Freedom of the press 
 etx., efc., etc. 
 
 A STATE GOVERNMENT ORGANIZED AS A REPUBLIC
 
 Organization 109 
 
 cabinet. Committees should be appointed in the 
 legislative body to corrrespond to and cooperate 
 with the various cabinet departments; the com- 
 mittees on education in the Senate and House 
 to correspond to and cooperate with the Director 
 of Education; the committees on ways and means 
 to correspond to and cooperate with the Director 
 of Finance ; the committees on agriculture to cor- 
 respond to and cooperate with the Director of 
 Agriculture ; the committees on commerce to cor- 
 respond to and cooperate with the Director of 
 Commerce, etc. 
 
 The Governor should select the best qualified 
 persons available for cabinet positions, and the 
 Senate and House should appoint on the various 
 committees those who have the best training, 
 knowledge and natural ability to be of service on 
 those committees. 
 
 Should an important question arise in the State 
 government, the Governor should confer with 
 the cabinet member whose department covered 
 that field of activity, and also with the chairmen 
 of the committees in the House and Senate that 
 correspond to and cooperate with that depart- 
 ment. 
 
 To illustrate from the diagram, the Director 
 of Education is designated as "A" in the execu- 
 tive department. The committees in the
 
 110 Back to the Republic 
 
 and Senate are designated as "A" in the legis- 
 lative department. The lines connecting them 
 illustrate the relation existing between the execu- 
 tive and legislative departments. If an impor- 
 tant question arose in the State in regard to edu- 
 cation, the Governor should call in to his presence 
 the Director of Education and the chairmen of 
 the committees on education in the House and 
 Senate, and they would constitute the govern- 
 mental agency to treat with that question. If it 
 developed that one of the assistants in the depart- 
 ment of education was especially conversant with 
 that particular question and some member of a 
 committee in the Senate or House other than 
 the chairman was especially conversant with the 
 question under consideration, they too should be 
 called into the conference. Then, with a course 
 of action determined upon, the work of execu- 
 tion should be carried on through the regularly 
 constituted channels provided for in a State or- 
 ganized as a republic under its constitutional 
 guaranty. 
 
 This course should be pursued in treating other 
 questions pertaining to the other departments 
 and legislative committees. It would be a great 
 improvement on the present chaotic, wasteful, 
 unbusinesslike method of conducting the various 
 State governments.
 
 x-N ( CABINET MEMBER 
 
 ( ) { LEGISLATIVE COMMITTEE 
 
 ^*-S 1 MINOR COURT 
 
 O Subordinate department 
 head 
 
 o Public service employe 
 
 o 
 
 AN INDIVIDUAL RIGHT 
 
 1. Rights of person 
 
 2. Riqhhf of property 
 
 3. Religious freedom 
 
 4. Trial by jury 
 
 s. Patent- Copyright 
 6. Freedom of speech 
 7 Freedom of the press 
 etx., etc., efc. 
 
 A COUNTY GOVERNMENT ORGANIZED AS A REPUBLIC 
 111
 
 Organization 113 
 
 Our State legislatures enact many times as 
 much legislation as they should. We should 
 insist that they begin at once to repeal, to sim- 
 plify, to clarify and to codify the heterogeneous 
 mass of State statutes so that our revised statutes 
 in the various States could be written in about 
 one-tenth as many words. It would save valuable 
 time, needless expense, fruitless litigation, and 
 make for a clearer understanding of the laws. 
 An effort should also be made to make the laws 
 of the several States more uniform. The State 
 governments spend much more money and em- 
 ploy much more help than is necessary in order 
 to give much better service than they are now 
 rendering. 
 
 The State government organized and con- 
 ducted as a republic would eliminate all boards, 
 commissions and other governmental agencies 
 that are injurious to good service. 
 
 It is a grave question whether or not the bicam- 
 eral system is advisable for State legislatures. 
 
 COUNTY GOVERNMENT 
 
 The diagram on page 111 is an illustration of 
 the county government at work, organized as a 
 republic, as all counties in the United States of 
 America should be organized. 
 
 The President of the County Board and the
 
 114 Back to the Republic 
 
 County Commissioners should appoint all other 
 county officials. 
 
 The President of the County Board should 
 select the best qualified persons available for 
 cabinet positions and the County Board should 
 appoint on the various committees those who 
 have the best training, knowledge and natural 
 ability to be of service on those committees. The 
 same plan outlined for conducting the national 
 and State governments by the executive and leg- 
 islative branches should be followed in the county 
 government. 
 
 The counties have more courts, much more 
 litigation, much more help, much more expense, 
 and use much more time and energy than is neces- 
 sary to give far better public service than is now 
 given by county governments. 
 
 The accompanying diagram is an illustration 
 of the city government at work, organized as a 
 republic, as all cities in the United States of 
 America should be organized. 
 
 The Mayor and the City Council should ap- 
 point all other city officials. 
 
 The Mayor should select the best qualified 
 persons available for cabinet positions, and the 
 City Council should appoint on the various com-
 
 x-N (CABINET MEMBER 
 
 ( ) < LEGISLATIVE COMMITTEE 
 
 ^-S ) MINOR COURT 
 
 O Subordinate department 
 head 
 
 o Public service employe* 
 
 o- 
 
 AN INDIVIDUAL RIGHT 
 
 1. Right* of person 
 
 2. Rights of property 
 
 3. Religious freedom 
 * Trial by jury 
 
 s. Patent - Copyright 
 
 6. Freedom of speech 
 
 7 Freedom of the 
 
 etc., ere., etc. 
 
 A CITY GOVERNMENT ORGANIZED AS A REPUBLIC 
 
 115
 
 Organization 117 
 
 mittees those who have the best training, knowl- 
 edge and natural ability to be of service on those 
 committees. The same plan as outlined for con- 
 ducting the national and State governments by 
 the executive and legislative branches should be 
 followed in the city government. 
 
 City councils pass many more ordinances than 
 they should. City governments spend much 
 more money and employ much more help than is 
 necessary to give much better service than is now 
 rendered by city governments.
 
 CHAPTER IX 
 A WORLD REPUBLIC 
 
 PROBLEMS in mathematics cannot be solved 
 without first establishing the unit and then 
 utilizing the four methods of addition, subtrac- 
 tion, multiplication and division. Just so you 
 must have the standard form and the four ele- 
 ments of the republic to solve governmental 
 problems. 
 
 You cannot construct a building without first 
 providing the foundation and then erecting the 
 four walls. The foundation corresponds in im- 
 portance to the standard form, and the four 
 walls of the building to the four elements of a 
 republic. 
 
 The basis of the solar system is a standard 
 form of planet, which is the sphere. From the 
 mightiest suns to the smallest planets they are 
 all spheres. The executive power keeps them 
 in motion. The legislative power defines their 
 courses. The judicial power holds them to their 
 courses through the law of gravitation, and each 
 sphere is guaranteed the inherent individual 
 
 118
 
 A World Republic 119 
 
 rights of space in which to rotate and freedom 
 from collision with other suns or planets. The 
 solar system is organized as a sphere of the re- 
 lated spheres of the universe. 
 
 We cannot have a world republic until we have 
 a universal standard form of government, and 
 when a world republic comes it will be the repub- 
 lic of the united republics of the world. 
 
 As soon as the world grasps the full meaning 
 of the republic as a form of government its uni- 
 versal adoption will be as natural as the univer- 
 sal adoption of the other standards referred to 
 in Chapter IV. 
 
 The institution of monogamous marriage was 
 first evolved in some country, and when the world 
 recognized that it was better than either polyg- 
 amy or promiscuity, it met with almost universal 
 adoption. The clock was first evolved in some 
 country, and when the w r orld recognized it as the 
 best method of telling and recording time, it met 
 with universal adoption. And likewise with the 
 golden rule, the ten digits, the standards of 
 weights and measures, etc. 
 
 It is to our everlasting glory that the republic 
 was evolved in this country, and it is our supreme 
 privilege and sacred duty to maintain it unim- 
 paired and to spread the gospel of its sterling 
 worth to all other nations of the world.
 
 120 Back to the Republic 
 
 If the people of the United States of Amer- 
 ica should begin at once to adhere strictly and 
 literally to the republic as the standard form of 
 government in nation, State, county and city, we 
 would then be in a position to give a clear, defi- 
 nite and constructive message to all countries of 
 the world as follows: 
 
 We recommend that you substitute a republic 
 for the form of government that you now have; 
 not in the spirit of force, or threat, or hate, or 
 revenge, or dictation, but rather in the spirit of 
 Christ upon the cross when he said: "Father, for- 
 give them, for they know not what they do," or 
 in the spirit of Lincoln during the dark hours of 
 the republic when he said to those who would de- 
 stroy it: "We are not enemies, but friends; we 
 must not be enemies; though passion may have 
 strained, it must not break the bonds of affection. 
 . . . With malice toward none, with charity for 
 all, with firmness in the right as God gives us to 
 see the right, let us strive on ... to do all which 
 may achieve and cherish a just and a lasting 
 peace among ourselves and with all nations." 
 
 Alfred Tennyson had the great vision of a 
 time when 
 
 "the war drums throb no longer 
 And the battle flags are furl'd, 
 In the parliament of man, 
 The federation of the world."
 
 A World Republic 121 
 
 But he did not realize that the republic was the 
 medium through which this inspired dream could 
 come true. 
 
 For years a major portion of the people of the 
 world have been ready for international peace, 
 but no plan has been evolved for its successful 
 achievement. The serious obstacle has been the 
 difficulty of harmonizing the numerous and 
 varied types of government into a great single 
 purpose. 
 
 We have tried to solve the problem without 
 first establishing the unit. 
 
 We have tried to build a world movement with- 
 out first laying the foundation. 
 
 We have tried to unite governments without 
 first having a standard form that would make 
 them work in harmony. 
 
 A movement should be started at once to or- 
 ganize the world into from sixteen to twenty-five 
 federal republics. There should be: 
 
 The republic of the United States of America, 
 The republic of the United States of G r e a t 
 Britain, 
 
 The republic of the United States of Germany, 
 The republic of the United States of France, 
 The republic of the United States of Poland, 
 The republic of the United States of Russia, 
 The republic of the United States of Italy,
 
 122 Back to the Republic 
 
 The republic of the United States of Scandi- 
 navia, 
 
 The republic of the United States of Spain, 
 The republic of the United States of Greece, 
 The republic of the United States of China, 
 The republic of the United States of Japan, 
 The republic of the United States of South 
 America, 
 
 The republic of the United States of Asia, 
 The republic of the United States of Africa, 
 and several others. 
 
 This would make possible the solution of the 
 Home Rule question in Ireland because it would 
 make Ireland a sovereign state of the United 
 States of Great Britain just as Illinois is a sov- 
 ereign State of the United States of America. 
 It might solve the Alsace-Lorraine problem by 
 making a portion of it a sovereign state of the 
 United States of France and a portion of it a 
 sovereign state of the United States of Germany. 
 It would furnish the key to the solution of a 
 number of difficult problems in the Balkans and 
 in other territory that must soon come under 
 grave consideration in working out the complex 
 international situation. 
 
 All states and minor political divisions of 
 the federal republics should be organized as 
 republics.
 
 A World Republic 123 
 
 With the governments of the world organized 
 as republics, a constitutional convention com- 
 posed of representatives of the various republics 
 could be called. A world constitution could be 
 framed that would provide ( 1 ) for a world exec- 
 utive and define his qualifications and powers, 
 (2) for a world legislative body and define its 
 qualifications and powers, (3) for a world ju- 
 diciary and define its qualifications and powers, 
 and (4) for certain inherent international rights. 
 
 A world republic could then be organized 
 rather simply and almost automatically as fol- 
 lows: Provide (1) that an ex-president of one 
 of the republics would be the world executive; 
 (2) that the vice-presidents of the various repub- 
 lics would be the world legislative body (this 
 would give them something to do and would en- 
 courage a more careful selection of vice-presi- 
 dents) ; (3) that when an international contro- 
 versy arose, one member of the supreme court 
 from each republic not directly interested in the 
 controversy would sit as the court to determine 
 the rights of the republics in controversy, and (4) 
 that the inherent international rights could be 
 enforced through those three branches of the 
 world republic.
 
 CHAPTER X 
 CONCLUSION 
 
 T HAVE striven to make clear the meaning of 
 the words "autocracy," "democracy" and 
 "republic" and have urged the importance of 
 avoiding the extremes of either autocracy or de- 
 mocracy and the vital need of adhering strictly 
 and literally to the republic. 
 
 If you have read this book carefully and are 
 still in doubt as to the meaning of those three 
 words, I beg of you to read the works of Alex- 
 ander Hamilton, the words of George Washing- 
 ton, the teachings of James Madison, the decis- 
 ions of John Marshall, the debates of Daniel 
 Webster, the utterances of Abraham Lincoln, 
 the addresses of William McKinley, and the Con- 
 stitution of the United States, and study the laws 
 of nature. You will then reach the conclusions 
 set forth in this book. 
 
 When you understand clearly the meaning of 
 the words "autocracy," "democracy" and "repub- 
 lic" you will favor the republic as the best form 
 of government. It should then be your solemn 
 
 124
 
 Conclusion 125 
 
 duty as well as your high privilege to exert every 
 effort and utilize every legitimate influence to 
 assure a republic as the form of government 
 under which you live. 
 
 If you live in the United States of America, 
 you can do this most effectively by working for 
 the election of executives and members of the 
 legislative bodies, in nation, State, county and 
 city, who understand the meaning of a republic 
 and who will conduct the government in accord- 
 ance with the plan of a republic. 
 
 If you live in some other country, you should 
 work for the adoption of a constitution that will 
 provide for the four elements which make pos- 
 sible the founding of a republic in lieu of the. 
 form of government which now prevails. 
 
 "Back to the republic" should be the watch- 
 word of every patriot in this country, and "For- 
 ward to the republic" should be the keynote of 
 every patriot in each of the other countries of the 
 world. 
 
 The people of this country for their own good 
 should get "back to the republic" as soon as pos- 
 sible, and the people of each of the other coun- 
 tries, for their own good, should move forward to 
 a republic as rapidly as possible. 
 
 The sooner we get "back to the republic" in 
 this country and the people of each of the other
 
 126 Back to the Republic 
 
 countries move forward to a republic, the sooner 
 retrogression will end and progress begin. 
 
 The world conflagration makes this the su- 
 preme hour when all true patriots should exam- 
 ine their political compass, get their bearings, 
 know where they stand and anchor to the re- 
 public. 
 
 The republic is the key to the solution of this 
 awful, this tragic international crisis. 
 
 "In medio tutissimus ibis." 
 
 "You will go safest in a middle course." 
 
 "Apicrrov /xcrpov. " 
 "The medium is best."
 
 APPENDIX 
 
 The Constitution of the United State*
 
 The Constitution of the United States 
 
 PREAMBLE 
 
 WE, THE PEOPLE of the United States, in order 
 to form a more perfect union, establish justice, in- 
 sure 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 es- 
 tablish this Constitution for the United States of America. 
 
 ARTICLE I 
 
 THE LEGISLATIVE BODY 
 
 Congress: Its Composition and Powers 
 Section 1. 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. 
 
 The House of Representatives 
 
 Sec. 2. The House of Representatives shall be com- 
 posed 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. 
 
 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. 
 
 129
 
 130 Back to the Republic 
 
 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 per- 
 sons, including those bound to service for a term of years, 
 and excluding Indians not taxed, three-fifths of all other 
 persons. [This clause was partly superseded by the Four- 
 teenth Amendment.] The actual enumeration shall be 
 made within three years after the first meeting of the Con- 
 gress of the United States, and within every subsequent 
 term of ten years, in such manner as they shall by law di- 
 rect. The number of Representatives shall not exceed one 
 for every thirty thousand, but each State shall have at least 
 one Representative; and until such enumeration shall be 
 made the State of New Hampshire shall be entitled to 
 choose three; Massachusetts, eight; Rhode Island and 
 Providence Plantations, one; Connecticut, five; New York, 
 six ; New Jersey, four ; Pennsylvania, eight ; Delaware, one ; 
 Maryland, six; Virginia, ten; North Carolina, five; South 
 Carolina, five ; and Georgia, three. 
 
 When vacancies happen in the representation from any 
 State, the executive authority thereof shall issue writs of 
 election to fill such vacancies. 
 
 The House of Representatives shall choose their Speaker 
 and other officers, and shall have the sole power of impeach- 
 ment. 
 
 The Senate 
 
 Sec. 3. 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. 
 
 Immediately after they shall be assembled in conse-
 
 The Constitution of the United States 181 
 
 quence 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; 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 execu- 
 tive thereof may make temporary appointments until the 
 next meeting of the legislature, which shall fill such vacan- 
 cies. 
 
 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. 
 
 The Vice-President of the United States shall be presi- 
 dent of the Senate, but shall have no vote, unless they 
 be equally divided. 
 
 The Senate shall choose their other officers, and also a 
 president pro tempore, in the absence of the Vice-Presi- 
 dent, or when he shall exercise the office of President of 
 the United States. 
 
 The Senate shall have the sole power to try all impeach- 
 ments ; when sitting for that purpose, they shall be on oath 
 or affirmation. When the President of the United States 
 is tried, the Chief Justice shall preside; and no person 
 shall be convicted without the concurrence of two-thirds 
 of the members present. 
 
 Judgment in cases of impeachment shall not extend fur- 
 ther 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 convicted shall, never-
 
 132 Back to the Republic 
 
 theless, be liable and subject to indictment, trial, judgment, 
 and punishment according to law. 
 
 Election of Senators and Representatives 
 
 Sec. 4. The times, places, and manner of holding elec- 
 tions 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. 
 
 The Congress shall assemble at least once in every year, 
 and such meeting shall be on the first Monday in Decem- 
 ber, unless they shall by law appoint a different day. 
 
 Organization, and Rules of Senate and House 
 
 Sec. 5. Each house shall be the judge of the elections, 
 returns and qualifications of its own members, and a ma- 
 jority of each shall constitute a quorum to do business ; 
 but a smaller number may adjourn from day to day, and 
 may be authorized to compel the attendance of absent mem- 
 bers, in such manner and under such penalties as each 
 house may provide. 
 
 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. 
 
 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. 
 
 Neither house, during the session of Congress, shall, 
 without the consent of the other, adjourn for more than
 
 The Constitution of the United States 133 
 
 three days, nor to any other place than that in which the 
 two houses shall be sitting. 
 
 Pay and Privileges of Senators and Representatives 
 
 Sec. 6. 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 session of their respective houses, and in 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. 
 
 No Senator or Representative shall, during the time for 
 which he was elected, be appointed to any civil office 
 under the authority of the United States which shall have 
 been created, or the emoluments whereof shall have been 
 increased, during such time; and no person holding any 
 office under the United States shall be a member of either 
 house during his continuance in office. 
 
 Methods of Legislation 
 
 Sec. 7. 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. 
 
 Every bill which shall have passed the House of Rep- 
 resentatives and the Senate shall, before it becomes 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 orig- 
 inated, who shall enter the objections at large on their 
 journal, and proceed to reconsider it. If after such recon- 
 sideration two-thirds of that house shall agree to pass 
 the bill, it shall be sent, together with the objections, to
 
 134 Back to the Republic 
 
 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 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 (Sun- 
 days 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. 
 
 Every order, resolution or vote to which the concurrence 
 of the Senate and House of Representatives may be neces- 
 sary (except on a question of adjournment) shall be pre- 
 sented 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. 
 
 Powers tested in Congress 
 Sec. 8. The Congress shall have power: 
 To lay and collect taxes, duties, imposts and excises, to 
 pay the debts and provide for the common defenses and 
 general welfare of the United States; but all duties, im- 
 posts and excises shall be uniform throughout the United 
 States; 
 
 To borrow money on the credit of the United States ; 
 To regulate commerce with foreign nations and among 
 the several States, and with the Indian tribes ; 
 
 To establish a uniform rule of naturalization and uni- 
 form laws on the subject of bankruptcies throughout the 
 United States;
 
 The Constitution of the United States 135 
 
 To coin money, regulate the value thereof, and of for- 
 eign coin, and fix the standard of weights and measures ; 
 
 To provide for the punishment of counterfeiting the se- 
 curities and current coin of the United States; 
 
 To establish post offices and post roads; 
 
 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; 
 
 To constitute tribunals inferior to the Supreme Court ; 
 
 To define and punish piracies and felonies committed 
 on the high seas, and offenses against the law of nations ; 
 
 To declare war, grant letters of marque and reprisal, and 
 make rules concerning 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 ; 
 
 To provide for calling forth the militia to execute the 
 laws of the Union, suppress insurrections, and repel in- 
 vasions ; 
 
 To provide for organizing, arming and disciplining the 
 militia, and for governing such part of them as may be 
 employed in the service of the United States, reserving 
 to the States, respectively, the appointment of the officers 
 and the authority of training the militia according to the 
 discipline prescri-bed by Congress; 
 
 To exercise exclusive legislation in all cases whatsoever, 
 over such district (not exceeding ten miles square) as may, 
 by cession of particular States, and the acceptance of Con- 
 gress, become the seat of the government of the United
 
 136 Back to the Republic 
 
 States, and to exercise like authority over all places pur- 
 chased by the consent of the legislature of the State in which 
 the same shall be, for the erection of forts, magazines, 
 arsenals, dockyards, and other needful buildings; and 
 
 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 office thereof. 
 
 Limitations of Federal Powers Individual Rights 
 
 Sec. 9. The migration or importation of such persons 
 as any of the States now existing shall think proper to 
 admit, shall not be prohibited 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 exceed- 
 ing ten dollars for each person. 
 
 The privilege of the writ of habeas corpus shall not be 
 suspended, unless when in case of rebellion or invasion the 
 public safety may require it. 
 
 No bill of attainder or ex post facto law shall be passed. 
 
 No capitation or other direct tax shall be laid, unless in 
 proportion to the census or enumeration hereinbefore di- 
 rected to be taken. 
 
 No tax or duty shall be laid on articles exported from 
 any State. 
 
 No preference shall be given by any regulation of com- 
 merce 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. 
 
 No money shall be drawn from the treasury but in con- 
 sequence of appropriations made by law; and a regular 
 statement and account of the receipts and expenditures of 
 all public moneys shall be published from time to time.
 
 The Constitution of the United States 137 
 
 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 what- 
 ever, from any king, prince or foreign state. 
 
 Limitations of State Powers 
 
 Sec. 10. No State shall enter into any treaty, alliance 
 or confederation ; 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 obliga- 
 tion of contracts, or grant any title of nobility. 
 
 No State shall, without the consent of the Congress, lay 
 any imposts or duties on imports or exports, except what 
 may be absolutely necessary for executing its inspection 
 laws; and the net produce of all duties and imposts, laid 
 by any State on 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. 
 
 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 
 
 THE EXECUTIVE 
 
 The Presidency The Electoral College 
 Section 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
 
 138 Back to the Republic 
 
 the Vice-P resident, chosen for the same term, be elected, as 
 follows : 
 
 Each State shall appoint, in such manner as the legis- 
 lature thereof may direct, a number of electors, equal to the 
 whole number of Senators and Representatives to which the 
 State may be entitled in the Congress; but no Senator or 
 Representative, or person holding an office of trust or profit 
 under the United State's, 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 the 
 government of the United States, directed to the president 
 of the Senate. The president of the Senate shall, in the 
 presence of the Senate and House of Representatives, open 
 all the certificates, and the 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 imme- 
 diately 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
 
 The Constitution of the United States 139 
 
 having the greatest number of votes of the electors shall 
 be the Vice-P resident. But if there should remain two or 
 more who have equal votes, the Senate shall choose from 
 them by ballot the Vice-President.*] 
 
 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. 
 
 No person except a natural-born citizen, or a citizen of 
 the United States at the time of the adoption of this Con- 
 stitution, 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. 
 
 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, resignation 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. 
 
 The President shall, at stated times, receive for his serv- 
 ices a compensation which shall neither be increased nor 
 diminished during the period for which he shall have been 
 elected, and he shall not receive within that period any 
 other emolument from the United States, or any of them. 
 
 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 
 
 * This paragraph was in force from 1788 to 1803, when it vras 
 superseded by Article XII of the amendments.
 
 140 Back to the Republic 
 
 of President of the United States, and will, to the best of 
 my ability, preserve, protect and defend the Constitution 
 of the United States." 
 
 Powers and Duties of the President 
 
 Sec. 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; he may acquire the opinion, in writ- 
 ing, of the principal officer in each of the executive depart- 
 ments, upon any subject relating to the duties of their 
 respective offices; and he shall have power to grant re- 
 prieves and pardons for offenses against the United States, 
 except in cases of impeachment. 
 
 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 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 pro- 
 vided for, and which shall be established by law; but the 
 Congress may by law vest the appointment of such inferior 
 offices as they think proper in the President alone, in the 
 courts of law, or in the heads of departments. 
 
 The President shall have power to fill up vacancies that 
 may happen during the recess of the Senate, by granting 
 commissions which will expire at the end of their next 
 session. 
 
 The President's Duties 
 
 Sec. 3. He shall from time to time give to the Congress 
 information of the state of the Union, and recommend to
 
 The Constitution of the United States 141 
 
 their consideration such measures as he shall judge neces- 
 sary and expedient; he may, on extraordinary occasions, 
 convene both houses, or either of them, and in case of dis- 
 agreement between them, with respect to the time of 
 adjournment, he may adjourn them to such time as he shall 
 think proper; he shall receive ambassadors and other pub- 
 lic ministers ; he shall take care that the laws be faithfully 
 executed, and shall commission all the officers of the United 
 States. 
 
 Impeachment of Executive and Civil Officers 
 Sec. 4. The President, Vice-P resident, and all civil offi- 
 cers of the United States, shall be removed from office on 
 impeachment for, and conviction of, treason, bribery, or 
 other high crimes and misdemeanors. 
 
 ARTICLE III 
 
 THE JUDICIARY 
 
 The United States Courts Supreme and Inferior 
 Section 1 . The j udicial power of the United States shall 
 be vested in one Supreme Court, and in such inferior courts 
 as the Congress may from time to time ordain and establish. 
 The judges, both of the Supreme and inferior courts, shall 
 hold their offices during good behavior, and shall, at stated 
 times, receive for their services a compensation which shall 
 not be diminished during their continuance in office. 
 
 Jurisdiction of the Federal Courts 
 
 Sec. 2. 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 consuls; to all
 
 142 Back to the Republic 
 
 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*] ; between citizens of 
 different States; between citizens of the same State claim- 
 ing lands under grants of different States, and between a 
 State, or the citizens thereof, and foreign states, citizens, or 
 subjects. 
 
 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 mentioned, the Supreme Court shall 
 have appellate jurisdiction, both as to law and fact, with 
 such exceptions and under such regulations as the Congress 
 shall make. 
 
 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. 
 
 Treason and its Punishment 
 
 Sec. 3. Treason against the United States shall consist 
 only in levying war against them, or in adhering to their 
 enemies, giving them aid and comfort. No person shall 
 be convicted of treason unless on the testimony of two wit- 
 nesses to the same overt act, or on confession in open court. 
 
 The Congress shall have power to declare the punishment 
 of treason, but no attainder of treason shall work corrup- 
 tion of blood, or forfeiture, except during the life of the 
 person attained. 
 
 *Made void by the Eleventh Amendment.
 
 The Constitution of the United States 143 
 ARTICLE IV 
 
 RELATION OP THE STATE AND FEDERAL GOVERNMENTS 
 
 Recognition of State Acts and Records 
 Section 1. 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 pro- 
 ceedings shall be proved, and the effect thereof. 
 
 Regarding Citizens of the States 
 
 Sec. 2. The citizens of each State shall be entitled to all 
 privileges and immunities of citizens in the several States. 
 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 re- 
 moved to the State having jurisdiction of the crime. 
 
 No person held to service or labor in one State, under the 
 laws thereof, escaping into another, shall, in consequence 
 of any law or regulation therein, be discharged from such 
 service or labor, but shall be delivered up on claim of the 
 party to whom such service or labor may be due. 
 
 Admission of New States, etc. 
 
 Sec. S. New States may be admitted by the Congress 
 into this Union ; but no new State shall be formed or erected 
 within the jurisdiction of any other State; nor any State 
 be formed by the junction of two or more States, or parts 
 of States, without the consent of the legislatures of the 
 States concerned as well as of the Congress. 
 
 The Congress shall have power to dispose of and make 
 all needful rules and regulations respecting the territory 
 or other property belonging to the United States ; and
 
 144 Back to the Republic 
 
 nothing in this Constitution shall be so construed as to 
 prejudice any claims of the United States, or of any par- 
 ticular State. 
 
 Republican Government Guaranteed 
 
 Sec. 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 of the executive (when the legislature 
 cannot be convened), against domestic violence. 
 
 ARTICLE V 
 
 AMENDMENTS TO THE CONSTITUTION 
 
 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 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 
 
 SUPREME LAW OFFICIAL OATH NO RELIGIOUS TEST 
 
 All debts contracted and engagements entered into before 
 the adoption of this Constitution shall be as valid against
 
 The Constitution of the United States 145 
 
 the United States under this Constitution as under the Con- 
 federation. 
 
 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. 
 
 The Senators and Representatives before mentioned, and 
 the members of the several State legislatures, and all ex- 
 ecutive and judicial officers, both of the United States and 
 of the several States, shall be bound by oath or affirmation 
 to support this Constitution ; but no religious test shall ever 
 be required as a qualification to any office or public trust 
 under the United States. 
 
 ARTICLE VII 
 
 RATIFICATION OF THE CONSTITUTION 
 
 The ratification of the conventions of nine States shall 
 be sufficient for the establishment of this Constitution be- 
 tween the States so ratifying 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 thousand 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. 
 
 GEO. WASHINGTON, Deputy from Virginia. 
 
 New Hampshire: Massachusetts: 
 
 John Langdou Nathaniel Gorham 
 
 Nicholas Gilmau Rufus King
 
 146 
 
 Back to the Republic 
 
 Connecticut : 
 
 William Samuel Johnson 
 
 Roger Sherman 
 Wew York: 
 
 Alexander Hamilton 
 Delaware : 
 
 George Reed 
 
 Gunning Bedford, Jr. 
 
 John Dickinson 
 
 Richard Bassett 
 
 Jacob Broom 
 Maryland: 
 
 James McHenry 
 
 Daniel of St. Thomas 
 Jenifer 
 
 Daniel Carroll 
 Virginia: 
 
 John Blair 
 
 James Madison, Jr. 
 New Jersey: 
 
 William Livingston 
 
 David Brearley 
 
 William Paterson 
 
 Jonathan Dayton 
 
 Pennsylvania: 
 
 Benjamin Franklin 
 Thomas Mifflin 
 Robert Morris 
 George Clymer 
 Thomas Fitzsimmons 
 James Wilson 
 Gouverneur Morris 
 
 North Carolina: 
 William Blount 
 Richard Dobbs Spaight 
 Hugh Williamson 
 
 South Carolina: 
 John Rutledge 
 Charles Pinckney 
 Charles Cotesworth 
 
 Pinckney 
 Pierce Butler 
 
 Georgia: 
 
 William Few 
 Abraham Baldwin 
 
 Attest: WILLIAM JACKSON, Secretary.
 
 Amendments to the Constitution 
 
 A RTICLES in addition to or amending the Constitu- 
 ** tion, proposed by Congress, and ratified by the legis- 
 latures of at least two-thirds of the several States in accord- 
 ance with the fifth article of the original Constitution. They 
 relate largely to individual rights and are as follows: 
 
 ARTICLE I 
 
 FREEDOM OF RELIGION, OF SPEECH, OF THE PRESS, AND OF 
 PEACEABLE ASSEMBLY 
 
 Congress shall make no law respecting an establishment 
 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 petitf<? 
 the government for a redress of grievances. 
 
 ARTICLE II 
 
 RIGHT TO BEAR ARMS 
 
 A well-regulated militia being necessary to the security 
 of a free state, the right of the people to keep and bear 
 arms shall not be infringed. 
 
 ARTICLE III 
 
 QUARTERING OF TROOPS 
 
 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 
 
 RIGHT OF SEARCH 
 
 The right of the people to be secure in their persons, 
 houses, papers and effects, against unreasonable searches 
 
 147
 
 148 Back to the Republic 
 
 and seizures, shall not be violated, and no warrants shall 
 issue but upon probable cause, supported by oath or affirma- 
 tion, and particularly describing the place to be searched, 
 and the persons or things to be seized. 
 
 ARTICLE V 
 
 CAPITAL CRIME GRAND JURY PERSONAL RIGHTS 
 
 No person shall be held to answer for a capital or other- 
 wise infamous crime, unless on a presentment or indict- 
 ment 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 and public danger; nor shall any person be 
 subject for the same offense to be twice put in jeopardy of 
 life and limb; nor shall be compelled in any criminal case 
 to be a witness 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 com- 
 pensation. 
 
 ARTICLE VI 
 
 RIGHTS OF ACCUSED TRIAL BY JURY 
 
 In all criminal prosecutions the accused shall enjoy the 
 right to a speedy and public trial, by an impartial jury of 
 the State and district wherein the crime shall have been 
 committed, which district shall have been previously ascer- 
 tained by law, and to be informed of the nature and cause 
 of the accusation; to be confronted with the 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 
 
 TRIAL BY JURY IN CIVIL SUITS 
 
 In suits at common law, where the value in controversy 
 shall exceed twenty dollars, the right of trial by jury shall
 
 The Constitution of the United States 149 
 
 be preserved, and no fact tried by a jury shall be otherwise 
 re-examined in any court of the United States than accord- 
 ing to the rules of common law. 
 
 ARTICLE VIII 
 
 BAIL AND FINES 
 
 Excessive bail shall not be required, nor excessive fines 
 imposed, nor cruel and unusual punishments inflicted. 
 
 ARTICLE IX 
 
 RESERVATION OF INDIVIDUAL RIGHTS 
 
 The enumeration in the Constitution of certain rights 
 shall not be construed to deny or disparage others retained 
 by the people. 
 
 ARTICLE X 
 
 RESERVATION OF STATE AND CIVIL RIGHTS 
 
 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. 
 
 [The first ten amendatory articles were proposed by 
 the First Congress, September 25, 1789, and notification of 
 their ratification was received from all the States except 
 Connecticut, Georgia and Massachusetts.] 
 
 ARTICLE XI 
 
 LIMITATION OF JUDICIAL POWERS 
 
 The judicial power of the United States shall not be con- 
 strued to extend to any suit in law or equity, commenced 
 or prosecuted against one of the United States by citizens 
 of another State, or by citizens or subjects of any foreign 
 state. 
 
 [Proposed by the Third Congress, and Congress notified 
 of its adoption January 8., 1798.]
 
 150 Back to the Republic 
 
 ARTICLE XII 
 
 ELECTORS IN PRESIDENTIAL ELECTIONS 
 
 The electors shall meet in their respective States and 
 vote by ballot for President and Vice-P resident, one of 
 whom, at least, shall not be an inhabitant of the same State 
 with themselves; they shall name in their ballots the per- 
 son voted for as President, and in distinct ballots the per- 
 son voted for as Vice-P resident; and they shall make 
 distinct lists of all persons voted for as President, and of 
 all persons voted for as Vice-P resident, and of the number 
 of votes for each, which lists they shall sign and certify, 
 and transmit sealed to the seat of the Government of the 
 United States, directed to the President of the Senate ; the 
 President of the Senate shall, in the presence of the Senate 
 and House of Representatives, open all the certificates, and 
 the votes shall then be counted; the person having the 
 greatest number of votes for President shall be the Presi- 
 dent, 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 ex- 
 ceeding 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 
 vote 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. And if the House of Representatives shall 
 not choose a President whenever the right of choice shall 
 devolve npon them, before the fourth day of March next 
 following, then the Vice-P resident shall act as President, 
 as in the case of the death or other constitutional disability
 
 The Constitution of the United States 151 
 
 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 con- 
 ic ist 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. 
 
 [Proclaimed September 25, 1804.] 
 
 ARTICLE XIII 
 
 ABOLITION OP SLAVERY 
 
 Slavery and Involuntary Servitude Prohibited 
 Section 1. Neither slavery nor involuntary servitude, 
 except as a punishment for crime, whereof the party shall 
 have been duly convicted, shall exist within the United 
 States, or any place subject to their jurisdiction. 
 
 Sec. 2. Congress shall have power to enforce this article 
 by appropriate legislation. 
 
 [Proclaimed December 18, 1865.] 
 
 ARTICLE XIV 
 
 PROVISIONS CONSEQUENT ON THE CIVIL WAR 
 
 Protection for All Citizens 
 
 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 per-
 
 152 Back to the Republic 
 
 son of life, liberty, or property, without due process of 
 law; nor deny to any person within its jurisdiction the 
 equal protection of the laws. 
 
 Apportionment of Representatives 
 
 Sec. 2. Representatives shall be apportioned among the 
 several States according to their respective numbers, count- 
 ing the whole number of persons in each State, excluding 
 Indians not taxed. But when the right to vote at any 
 election for the choice of electors for President and Vice- 
 President of the United States, Representatives in Con- 
 gress, the executive or judicial officers of a State, or the 
 members of the legislature thereof, is denied to any of the 
 male inhabitants of such State, being twenty-one years 
 of age and citizens of the United States, or in any way 
 abridged, except for participation in rebellion, or other 
 crime, the basis of representation therein shall be reduced 
 in the proportion which the number of such male citizens 
 shall bear to the whole number of male citizens twenty- 
 one years of age in such State. 
 
 Rebellion Against the United States 
 Sec. 3. No person shall be a Senator, or Representative 
 in Congress, or elector of President or Vice-P resident, 
 or hold any office, civil or military, under the United States, 
 or under any State, who, having previously taken an oath 
 as a member of Congress, or as an officer of the United 
 States, or as a member of any State legislature, or as an 
 executive or judicial officer of any State, to support the 
 Constitution of the United States, shall have engaged in 
 insurrection or rebellion against the same, or given aid or 
 comfort to the enemies thereof. But Congress may, by a 
 vote of two-thirds of each house, remove such disability.
 
 The Constitution of the United States 153 
 
 The Public Debt 
 
 Sec. 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 sup- 
 pressing 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 insurrec- 
 tion or rebellion against the United States, or any claim for 
 the loss or emancipation of any slave; but all such debts, 
 obligations and claims shall be held illegal and void. 
 
 Sec. 5. Congress shall have the power to enforce, by 
 appropriate legislation, the provisions of this article. 
 
 [Declared adopted by concurrent resolution of Congress 
 July 21, 1868.] 
 
 ARTICLE XV 
 
 RIGHT OF SUFFRAGE 
 
 Section 1. The right of citizens of the United States to 
 vote shall not be denied or abridged by the United States, 
 or by any State, on account of race, color, or previous con- 
 dition of servitude. 
 
 Sec. 2. Congress shall have power to enforce this article 
 by appropriate legislation. 
 
 [Proclaimed March 30, 1870.] 
 
 ARTICLE XVI 
 
 THE INCOME TAX 
 
 The Congress shall have power to lay and collect taxes 
 on incomes, from whatever source derived, without appor- 
 tionment among the several States, and without regard to 
 any census or enumeration. 
 
 [Proclaimed February 25, 1913.]
 
 154 Back to the Republic 
 
 ARTICLE XVII 
 
 ELECTION OF SENATORS BY THE PEOPLE 
 
 The Senate of the United States shall be composed of 
 two Senators from each State, elected by the people thereof, 
 for six years; and each Senator shall have one vote. The 
 electors in each State shall have the qualifications requisite 
 for electors of the most numerous branch of the State legis- 
 lature. 
 
 When vacancies happen in the representation of any 
 State in the Senate, the executive authority of such State 
 shall issue writs of election to fill such vacancies : Provided, 
 That the legislature of any State may empower the execu- 
 tive thereof to make temporary appointments until the 
 people fill the vacancies by election as the legislature may 
 direct. 
 
 This amendment shall not be so construed as to affect 
 the election or term of any Senator chosen before it becomes 
 valid as part of the Constitution. 
 
 [Proclaimed May 31, 1913.] 
 
 ARTICLE XVIII 
 
 NATIONAL PROHIBITION 
 
 Section 1. After one year from the ratification of this 
 article the manufacture, sale, or transportation of intoxi- 
 cating liquors within, the importation thereof into, or the 
 exportation thereof from the United States and all territory 
 subject to the jurisdiction thereof for beverage purposes is 
 hereby prohibited. 
 
 Sec. 2. The Congress and the several states shall have 
 concurrent power to enforce this article by appropriate 
 legislation. 
 
 (Continued on page 158)
 
 POLITICAL PARTIES 
 
 FT IS difficult to formulate just the best and 
 
 most effective method of applying the useful- 
 ness of political parties to the best interests of 
 a Republic. 
 
 It is a puzzling question to determine whether 
 there should be two permanent political parties 
 or whether the welfare of a Republic requires 
 that a new political party must be born period- 
 ically to meet a crisis and advocate a clear, clean- 
 cut issue. 
 
 This much, however, is certain. The motto of 
 any political party worthy of continuance should 
 be: A political party can afford to lose if it de- 
 serves to win, better than the party can afford to 
 win if it deserves to lose. 
 
 I wish everyone who is active in politics or 
 aspires to leadership in the public service would 
 read the above sentence several times and think it 
 over very carefully. 
 
 That attitude was characteristic of Alexander 
 Hamilton in the early days of the Republic, and 
 of Daniel Webster in later years. It was the 
 position taken by Abraham Lincoln in 1858 and 
 by William McKinley in 1892; and they and 
 
 155
 
 156 Back to the Republic 
 
 their party finally triumphed and rendered great 
 service to the Republic. 
 
 Experience has shown that the tendency of 
 political parties, as they advance in years, has 
 been to try to survive on the weaknesses of other 
 parties, instead of striving to live on their own 
 strength ; and for the managers of political par- 
 ties to become cowardly opportunists instead of 
 leaders with real convictions; to become dema- 
 gogues rather than statesmen. 
 
 The leaders in all of our political parties dur- 
 ing recent years have given too much time and 
 thought to the question, How can we win; and 
 too little to the question, How can we serve the 
 Republic. In the selection of candidates the lead- 
 ers have considered too much the question, Will 
 the candidate take orders ; and too little the ques- 
 tion, Is the candidate well qualified. The leaders 
 have been guided in their selection of candidates 
 too much by the question, Can the candidate be 
 used; and too little by the question, For what 
 does the candidate stand. 
 
 Candidates who are the strongest on promise 
 are generally the weakest on performance. Can- 
 didates with the longest platforms of isms and 
 class appeal are generally the shortest on achieve- 
 ment for the public good. 
 
 The purpose of a political party should be to
 
 Political Parties 157 
 
 succeed by giving the people what they need 
 rather than to succeed by trying to give the crowd 
 what the crowd thinks it wants. 
 
 A political party should be a moulder of public 
 sentiment, not a mere echo of popular fallacies. 
 
 It was hoped that with the granting of suffrage 
 to women, they would begin seriously to study the 
 science of government and equip themselves for 
 the duties of citizenship, but they have given little 
 encouragement in that direction thus far. 
 
 When the boys get back from over there we 
 may find that the experiences they have had, the 
 scenes they have witnessed, and the knowledge 
 they have acquired has developed in them a civic 
 consciousness that will make them a constructive 
 force for stemming the tide of radicalism and 
 shielding this Republic from the dangers of 
 democracy. 
 
 There should be at least one political party in 
 this country that believes in the Constitution and 
 that will be guided by its wise provisions; that 
 believes in the Republic as the best form of gov- 
 ernment the world has ever known and that will 
 adhere strictly and literally to it. Whether some 
 political party now in existence can throw off its 
 weaknesses and infections and rise to the occasion, 
 or whether a new party must spring forth to meet 
 the situation is a question the future alone must 
 answer.
 
 158 Back to the Republic 
 
 (Continued from page 154) 
 
 Sec. 3. This article shall be inoperative unless it shall 
 have been ratified as an amendment to the Constitution by 
 the legislatures of the several states, as provided in the 
 Constitution, within seven years from the date of the sub- 
 mission hereof to the states by the Congress. 
 
 ARTICLE XIX 
 
 THE WOMAN SUFFRAGE AMENDMENT 
 
 Section 1. The right of citizens of the United States to 
 vote shall not be denied or abridged by the United States or 
 by any State on account of sex. 
 
 Sec. 2. Congress shall have power to enforce this 
 article by appropriate legislation.
 
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 Published by 
 
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