/ / r' Jouthern Branch of the University of California Los Angeles Form L 1 This book is DUE on the last date stamped below AUG 8 1924 NOV 2 8 1928 FFB APR 9 19?P APR 1 1 1929 APR ^Q AUG I7l95i Form L-9-5m-7,"23 ADVANCED CIVICS ADVANCED CIVICS THE SPIRIT, THE FORM, AND THE FUNCTIONS OF THE AMERICAN GOVERNMENT BY S. E, FORMAN AUTHOR OF "ADVANCED AMERICAN HISTORY." "A HISTORY OF THE UNITED STATES." Etc. The best laws, though sanctioned by every citizen of the State, will be of no avail unless the young are trained by habit and education in the spirit of the Constitution. — Aristotle. 0i^«fJ NEW YORK THE CENTURY CO 1915 Copyright, 1905, 1912, 1915, by The Centuet Co. First Edition, October, 1905 Reprinted May, 1906^ November, 1907 July, 1908; May, 1909; December, 1909 July, 1910; November, 1910; March^l911 July, 1911; October, 1911; May, -1912 December, 1912; October, 1913; June, 1914; January, 1915; September, 1915 November, 1915. Co |0' f PREFACE While preparing this book I constantly kept in mind the truth that instruction in Civics should have for its highest aim the indoctrination of the learner in sound notions of political morality, and I attempted to assist the teacher in achieving this aim wherever such assistance seemed to be practicable. The plan followed in the development of the subject is the outgrowth of class-room experience, and is one which has proved to be particularly successful in awakening and sus- taining interest. In Part I the underlying principles of our government are presented. The essentials are placed first in order, that the learner may at the outset begin to be imbued with the true American spirit. In Part II is an account of the governmental machine. In Part III the every-day work of government is considered and the practical problems con- nected with the work are discussed. While preparing the first edition I was greatly assisted by the suggestions and criticisms of Dr. J. M. Callahan, Pro- fessor of History and Political Science in the University of West Virginia; by Dr. A. C. Bryan of the High School of Commerce, New York ; and by Dr. Collyer Meriwether of the Business High School, Washington, D. C. In the work of revising successive editions I have received valuable hints from the following gentlemen who have used the book : Dr. W. A. Wetzel, Principal of High School, Trenton, New Jer- sey; Dr. William T. Fairley, Commercial High School, Brooklyn, New York ; Mr. E. E. Hill, Chicago Normal School, Chicago, Illinois; Mr. Charles I. Parker, Principal of the South Chicago High School, Chicago, Illinois; Dr. P. L. .Kaye, Baltimore City College, Baltimore, Maryland; C. E. Wallace, State Normal School, Duluth, Minnesota. S. E. Form AN. November, 1915. V CONTENTS PAET I THE ESSENTIAL PRINCIPLES OF THE AMERICAN GOVERNMENT: THE SPIEIT GOVERNMENT PAGE Society and Government 3 The Evolution of the State 4 Types of Government 6 II POPULAR GOVERNMENT Popular Government Defined; Majority Rule 9 The Growth of Democracy 10 Democracy in the United States 12 Why Popular Government is the Best 12 The Dangers of Popular Government 13 Democracy and the Individual 15 III REPRESENTATIVE GOVERNMENT Representative Democracy 17 Growth of Representative Government 17 Representative Government in the United States 19 Principles of Representation 19 The Representation of the Minority 20 The People and their Representatives 21 vii viii CONTENTS IV THE THEEE DEPAETMENTS OF GOVEENMENT PAGE How the Power of Government is Separated 24 The Development of the Three-Department System 24 The Three-Department System in the United States 25 The Legislature 26 The Judiciary 27 The Executive 28 Independence of the Departments 28 V CONSTITUTIONAL GOVEENMENT Charters 31 Constitutions 32 General Features of a Constitution 34 How Constitutions Obtain their Authority 34 The Amendment and Eevision of Constitutions 35 Constitutions the Safeguard of Liberty 36 VI FEDEEAL GOVEENMENT The Different Kinds of Political Unions 38 The Complexity of American Government 39 The Growth of Federalism in America 39 The Articles of Confederation 41 VII THE DISTEIBUTION OF POWEES Efforts to Strengthen the Confederation 46 The Constitutional Convention of 1787 47 How the Convention Distributed Power 49 Implied and Eesulting Powers of the Federal Government ... 51 Limitations of the Federal Government 52 How the Federal Constitution is Amended 53 CONTENTS ix VIII THE STATE PAGE General Features of a State Government 55 The Powers of the State 56 The Conflict of Federal and State Authority 57 Interstate Eelations 58 Federal and State Eelations 59 IX THE EXPANSION OF THE FEDEEAL UNION The Admission of New States 63 The Admitted States East of the Mississippi 63 The Louisiana Purchase 67 The Texas Annexation 69 The Oregon Country 69 The Mexican Cession 69 The Spirit of Federal Expansion 70 X LOCAL GOVEENMENT The Division of the Powers of the State 72 The Three Grades of Government 73 The Eelation of the State to Local Governments 74 XI PAETY GOVEENMENT The Origin of Political Parties 79 The Origin of Political Parties in the United States 79 Historical Sketch of Parties in the United States 81 The Elasticity of Party Principles 83 Political Parties and the Individual 84 XII CIVIL LIBEETY Civil Liberty Defined 87 The Growth of American Civil Liberty 87 Constitutional Liberty and its Preservation 92 X CONTENTS XIII CIVIL EIGHTS AND DUTIES .'' PAGE Civil Eights and Political Eights 95 Who are Citizens 95 The Civil Eights of State Citizenship 96 The Civil Eights of Federal Citizenship 98 The Duties of Citizenship 100 XIV POLITICAL EIGHTS AND DUTIES The Origin of Political Eights 102 The Elective Franchise 102 Political Eights Conferred by State Authority 103 The Qualifications of Voters 104 Equal Suffrage 104 The Eight of Holding Office 105 Duties of a Voter 106 XV A EEVIEW The Characteristic Features of American Government .... 108 The American Spirit 109 PAET II THE ORGANIZATION OF THE AMERICAN GOVERNMENT: THE FOEM XVI THE OEGANIZATION OF CONGEESS Eepresentation in Congress 115 The Apportionment of Eepresentatives 118 The Election of Eepresentatives 119 The Election of Senators 120 Congress the Focus of American Political Life 120 CONTENTS xi XVII CONGEESS AT WOEK PAGE The Assembling of Congress and its Adjournment 123 The House at Work _ The Senate at Work 1.'^' The Powers of Congress XVIII THE PEESIDENCY The Election of the President J^^ The Powers and Duties of the President j^* The President's Share in Law-making |^^ Succession to the Presidency |^^ The President as a Political Personality J-^' XIX THE FEDEEAL EXECUTIVE DEPARTMENTS The Cabinet ]ll The Work of the Departments :|*" The Organization of a Department j^^ Executive Work Outside the Departments j*^ The National Civil Service 1** XX THE FEDEEAL JUDICIAEY The Independence of the Federal Judiciary 147 The Organization of the Federal Courts 14S Federal Courts Outside the Federal System 15U Officers of the Federal Courts l^i The Kinds of Cases Tried in the Federal Courts -Lo-L XXI THE FEDEEAL JUDICIAEY AT WOEK Explanation of Terms ; ' * ,'^' 'j. ' ' ' ' ]^i The Jurisdiction of the Three Grades of Federal Courts • • • • l&^ The Supreme Court and the Constitution 157 The Supreme Court and the People 1"^ xii CONTENTS XXII THE STATE LEGISLATURE PAGE The Origin of State Legislatures 162 General Features of State Legislatures 163 The Passage of Bills 163 The Importance of State Legislation 165 The State Legislature and the State Constitution 166 The Initiative and Eeferendum 167 XXIII THE STATE EXECUTIVE The Distribution of Executive Functions 170 The Executive Departments 170 The Concentration of Power in the Hands of the Governor . . . 174 XXIV THE STATE JUDICIAEY The Selection of the State Judiciary 177 The Several Grades of State Courts 177 Intermediate Courts of Appeal 180 Probate, County and Chancery Courts 181 The Eelation of the State Judiciary to the Federal Judiciary . . 181 The Powers of the State Judiciary 182 XXV TEEEITOEIES AND DEPENDENCIES Territories and Dependencies Governed by Congress 184 Territories and Dependencies on the American Continent . . . 185 Insular Territories and Dependencies 189 The Attitude of the United States toward Dependencies .... 192 XXVI THE COUNTY The Importance of Local Government 195 The County in the South and Southwest 195 The County of the Middle States and the West 196 CONTENTS xiii PAGE The County in New England 197 The Organization of a Typical County Government 197 The Citizen and his County 200 XXVII THE TOWN The Origin and Character of the Early New England Town . . 203 The Town-meeting 205 Town Officers 206 The Town as a Factor in the Civic Life in New England . . . 207 Town Government Outside of New England 208 XXVIII THE TOWNSHIP The County-tovniship System 210 The Two Types of the County-township System 210 The Powers of the Township 212 The Organization of the Township 213 The Township a School for Good Citizenship 214 XXIX MUNICIPALITIES The Necessity for Municipal Incorporations 216 The Two Classes of Municipalities 217 Villages, Boroughs, Towns 217 The Organization of Cities 218 The Sphere of Municipal Activity 222 XXX PAETY OKGANIZATION The Nomination of Candidates 225 The Development of Party Organization 225 Permanent Party Organization 226 Party Conventions 227 The Presidential Campaign 230 The Election of the President 231 Direct Nomination 231 xiv CONTENTS PAET III THE FUNCTIONS OF THE AMERICAN GOVERNMENT: ITS SERVICES XXXI THE FUNCTIONS OF GOVEENMENT PAGE The Scope of Governmental Activity 235 Government and the Individual 236 Individualism, Liberalism and Socialism 239 XXXII LAWS What a Law is; the Different Kinds of Laws 242 Some of the Characteristic Features of Law 244 Law-making and Public Opinion 245 Obedience to Law 247 XXXIII DEFENSE Defense an Indispensable Function of Government 249 National Defense 249 State Defense 253 Local Defense 253 Civil Government and Martial Law 254 XXXIV INTERNATIONAL RELATIONS International Affairs Regulated by the Federal Government . . 256 International Law 256 Ambassadors, Ministers and Consuls 258 Treaties 260 Arbitration 261 CONTENTS XV XXXV TAXATION PAGE The Cost of Government 265 The Source of the Taxing Power 266 The Different Kinds of Taxes 266 Direct and Indirect Taxation 268 The Principles which should Govern in the Levying of Taxes . . 269 XXXVI NATIONAL FINANCE The Extent of the Federal Taxing Power 272 National Expenditures 272 Federal Taxation — (Indirect) 274 The Collection of Federal Taxes 275 Direct Federal Taxes 276 XXXVII STATE FINANCE The Taxing Power of the State 280 The Authority for State Expenditures 280 Taxation in the State 281 Local Taxation 286 XXXVIII PUBLIC DEBT Public Debt a Necessity 288 How Government Borrows Money 288 The National Debt 289 State Debt 290 The Debts of Local Governments 291 How Public Debts are Paid 293 XXXIX PEOBLEMS OF TAXATION The Difficulties of Taxation 296 The Corporation Tax 298 The Income Tax 299 Graduated or Progressive Taxation 301 The Single Tax 301 xvi CONTENTS XL MONEY PAGE The Different Kinds of Money 304 Silver and Gold 305 The Coinage of Money 306 Paper Money 307 Eepresentative Money 309 METALLIC CUEEENCY Definition of "Currency" 311 Coinage before 1873 311 Coinage since 1873 313 Subsidiary Coinage 315 Bimetallism and Monometallism 316 International Bimetallism 317 XLII PAPEE CUEEENCY Bank Notes and Government Notes 319 The United States Banks 319 State Banks 320 National Banks 321 United States Notes 322 The Essential Facts of our Monetary System 325 The Amounts of the Several Kinds of Currency 327 XLni FOEEIGN COMMEECE The Power of Congress over Foreign Commerce 328 The Tariff; Free Trade and Protection 329 Tariff Legislation in the United States 330 Eegulations of Foreign Shipping 333 The Eegulation of Immigration ...„-> 334 CONTENTS xvii XLIV DOMESTIC COMMEECB PAGE Interstate and Intrastate Commerce 337 The Regulation of Interstate Commerce ^^» The Interstate Commerce Commission ^^^ Intrastate Commerce The Transmission of Intelligence ^*-^ XLV ELECTIONS The Importance of Elections ^^* Elections Conducted by State Authority ^4* Eegistration ^ _ The Casting and Counting of the Ballots ^4^ The Advantages and Disadvantages of Secret Elections . . . . ^4b Bribery Xjl The Usefulness of Frequent Elections ^*y XLVI EDUCATION Education a Function of Government 351 Education and Democracy 351 Public Education Controlled by the State ^5^ Education a Local Affair 353 The School District 353 School Supervision 354 The Support of the Public Schools 355 Common Schools, High Schools, Universities and Normal Schools 356 The Educational Activities of the Federal Government .... 356 XLVII CORPORATIONS Corporations Created by State Authority 360 The Corporation in Modern Life 361 The Evolution of Corporate Industry 361 The Trust Problem 365 xviii CONTENTS XLVIII LABOE PAGE The Growth of Labor Organizations 369 Government and the Workingman 371 The Settlement of Labor Disputes 373 The Labor Problem 375 XLIX CEIME The Definition of Crime 377 The Punishment of Crime 378 Crime and the State Government 378 Crime and the Federal Government 380 The Prevention of Crime and the Treatment of Criminals . . . 381 L CHAEITIES Charity a Function of Government 385 The Care of the Poor a Function of Local Government .... 385 Outdoor and Indoor Belief 386 The Defective Classes 387 State Boards of Charities 387 Organized Charity 388 LI THE POLICE POWEE OF THE STATES The Police Power Defined 390 The Police Power Exercised by the State 391 The Public Health 391 The Public Safety 392 The Public Morality 393 Appendix A. The Constitution of the United States of America 397 Appendix B. The First Written Constitution 421 Appendix C. The Ordinance of 1787 427 Appendix D. Home Eule for Cities 435 Index 445 PART I THE ESSENTIAL PRINCIPLES OF THE AMERICAN GOVERNMENT: THE SPIRIT ^ED CI ADYANCED CIVICS GOVERNMENT Society and Government. Man is impelled by the nature of his being to seek the companionship of man. Just as in- stinct brings birds together in flocks and causes bees to swarm and buffaloes to roam in herds, so by instinct men come together and live in groups. This disposition of men to live in groups is described by the word social (socius), which in its origin means partaking of, sharing. A body of persons united by this social instinct, this desire to share and participate with others in the fortunes and misfortunes of life, is a society. If man could live separate from all of his kind his freedom would be perfect; his conduct would depend entirely upon his own will and desires. But he cannot live thus. He must live in society, and in the social relation he must do things that he does not wish to do, and he must refrain from doing things that he wishes to do. Wild, unrestrained freedom would destroy the peace and safety of the social group. In every society, therefore, there are rules (laws) to be obeyed and rulers to enforce the rules. The authority which imposes rules upon the conduct of men and punishes those who dis- obey is government. The word government is derived from a Latin word {giibernare) which means to guide or steer or pilot a sJiip. The idea of piloting or guiding clings to the word government in all its uses. We may say, with exactness of language, that government pilots society safely through the sea of man's passions and cruelty and selfish- 4 THE AMERICAN GOVERNMENT ness. The manifold services of government will receive at- tention in another place (p. 235). Here it is enough to say- that government lays its hands upon us in our infancy and is a guiding and controlling force all our lives. If it is wise and just and efficient it is an instrument of happiness ; if it is foolish or tyrannical or incapable, it is an agency of misery. Our interest, therefore, in securing and maintain- ing a good government is direct and permanent. The Evolution of the State. The governments of the earth as we see them to-day are the product of thousands of years of growth, revolution, and change. History does not give a clear account of the beginnings of government, but it takes us back to a time when society was extremely rude, and when government was a very simple affair. A study of early society reveals the following development of government : I. The Family. At the dawn of history society was or- ganized upon the basis of kinship and religion, and in this organization the family was the center of much govern- mental authority. At the head of the family, consisting of parents, children, grandchildren, servants, dependents, and adoptive members, stood the house-father (patriarch) as priest and ruler. The power of the father, or pater familias, over the lives and possessions of the members of the house- hold was absolute. He could pronounce the death sentence upon a child, or could sell it into slavery. No member might marry without the consent of the father, nor could any member hold property in his own name. As far as the members of the family were concerned the father was the source of all authority. II. The Tribe. We are not certain, however, that the government of the family was ever a sovereign government. A sovereign government exercises within itself all power and supreme power and is independent of and uncontrollable by any other government. There is no proof that the family was ever a government of this kind. No matter how far back we go, we always find evidence that the family was in GOVERmiENT 5 some way subordinated to a larger government which we may conveniently call the trihe, and which consisted of a union of families which had a common earthly ancestor, and which worshiped the same God. At the head of the tribe, as its chief and high priest, stood that kinsman who by birth was nearest to the common ancestor. The chief was assisted in matters of government by the heads of the families which composed the tribe. III. The State. The last step in the evolution of gov- ernment was taken when tribes coalesced and formed the nation or state. The earliest state was still organized on the basis of kinship, as the word nation {natus) indicates. There was still a remote ancestor who was the common fore- father of every person in the nation, and a direct living descendant of this ancestor was the king of the nation by divine right. As society developed, however, and as social interests multiplied and social necessities grew more press- ing, the claims of birth gave way to the claims of meritorious leadership, and the kingship was bestowed upon the one who was thought to be the most worthy and the most capable. With the formation of the state the king's council comes into prominence. This body consisted of the leading men of the state, chieftains of the tribes and the heads of distinguished families. The council advised the king, and its advice had the moral effect of a command. There ap- peared in the early state still another factor of government. This was the popular assembly. The freemen of the state made bold to attend the sessions of the king and council and make known the popular will in respect to public affairs. The king and council were not bound to act in accordance with the wishes of the popular assembly, yet a prudent king could not completely ignore the expressed will of the people. In the organization of the early state described above, an organization which was completed almost at the dawn of history, we find an enduring pattern for all the governments which were to follow. In the highly organized state of to- day the presidency is a development of the ancient kingship, 6 THE AMERICAN GOVERNMENT the legislature is a development of the ancient council, and the voting population is an enlargement of the ancient popu- lar assembly. With the appearance of the early state, public affairs, that is to say, politics, became a distinct subject of human interest. The citizen came into view. A man was now not only a mem- ber of a religious cult, he was a member of a commonwealth, a partner in a political enterprise. Men wanted effective armies, and good laws, and a just enforcement of these laws ; and they regarded the state as an agency by which these things might be secured. As members of this organization they were citizens vested with the rights and duties of citi- zenship, owing allegiance to the state and receiving protec- tion from it. Types of Government. In tracing the evolution of govern- ment in the above section we have kept in mind the ancient history of the region around the Mediterranean Sea for the reason that the ancient government of this region can be studied to the best advantage. An early state of the Medi- terranean region was always small; it was rarely as large as one of our smaller counties. Near its center was a com- pact settlement called the city (polis), around which was a wall, and within which was the residence of the king. At convenient distances from the city lived villagers, who would flee to the city for refuge in time of danger. The central fortified place, together with the outlying villages, was called the city-state. The city-state, as it was constituted in the time of Homer (1000 B.C.), was invariabl}^ a monarchy, but, as we have seen, changes in the structure of society and in its interests brought changes in the organization of the state. In many of the city-states the leading men, the wealthy and high- born, deposed the king and took government into their own hands and set up aristocracies. Properly speaking, an aris- tocracy is a government conducted by a few of the best people of the state. It often happened in the ancient world GOVERNMENT 7 that a clique of political adventurers who could claim neither merit nor high birth would seize upon the power of the state by intrigue and hold it by force. A government of this kind was called an oligarchy. Again, in many cases all the citi- zens, that is, all who enjoyed the rights and privileges of the city, demanded and secured a direct participation in government. A government of this kind was called a de- mocracy. An ancient democracy was really only an enlarged aristocracy, for in the ancient state there were large numbers of slaves with no rights of any kind, and large numbers of freemen with no political rights, and the number of people who could possibly have a voice in government was always but a small proportion of the adult male population. Thus we see that after communities passed from a tribal to a national form of government, from a religious to a political organization, government began to be an affair of man's choice, a creation of his will, rather than a thing of divine ordination. As a result of this freedom many dif- ferent kinds of states were evolved. Aristotle (333 b.c.) was able to classify the two hundred and fifty states around the Mediterranean under three heads : (1) The monarchy, the government of one, the strong. (2) The aristocracy, the government of the few, the wise. (3) The democracy, the government of the many, the good. The fifty-odd sovereign governments of to-day may be most conveniently classified as follows: 1. Absolute Monarchies, in which the will of one person is unfettered and supreme. 2. Limited Monarchies, in which the monarch shares po- litical power with a legislative body. 3. Republics, in which all political power flows directly or indirectly from the citizens who are entitled to vote. QUESTIONS ON THE TEXT 1. What is society? 2. What is government? 3. Describe the ancient family. 8 THE AMERICAN GOVERNMENT 4. Describe the tribal organization. 5. What were the three political elements of the early state? 6. Compare the organization of the early state with the state of to-day. 7. Describe the city-state of antiquity. 8. What is a monarchy? an aristocracy? an oligarchy? a democracy? 9. What was Aristotle's classification of governments? 10. How may the governments of to-day be classified? SUGGESTIVE QUESTIONS AND EXEECISES 1. Can society exist without government? 2. Eeligion, commerce, education, war — which of these tends most strongly to knit widely separated societies together? What forces are now operating to bring the United States into social relations with the other countries of the world? 3. What is the difference between evolution and revolution in gov- ernment? Was the Declaration of Independence an act of evolution or revolution ? 4. Compare the City of Kefuge mentioned in the Old Testament with the city-state described in the text. (See Numbers xxxv, 1-5). 5. Which of the three classes of government mentioned by Aristotle prevails in the family of to-day? in the school? in the management of the affairs of a college? of a church? of an athletic association? of a railroad? 6. Classify the sovereign governments of the earth as absolute mon- archies, limited monarchies and republics. In which class do we find the greatest number of people? In which class is the highest grade of civilization? 7. Among the services which government performs for society are the following: (1) It keeps the streets and roads in repair; (2) it sup- ports the schools; (3) it administers justice between man and man; (4) it carries the mails; (5) it protects life and property; (6) it pre- serves the liberty of citizens; (7) it regulates the possession and trans- fer and descent of property; (8) it defends the nations against attack; (9) it protects the public health; (10) it helps the poor and unfor- tunate. Arrange these services in the order of their importance, placing the most important service first. Be prepared to give reasons for your arrangement. 8. Which is worse, anarchy or despotism? 9. Describe the effect which a hermit's life produces upon mental and moral character. II POPULAR GOVERNMENT Popular Government Defined; Majority Rule. A govern- ment which receives its powers from the people is a demo- cratic or popular government, and a state in which popular government prevails is a democracy. In the United States political power everywhere flows from the people. The President of the United States, the Congress, and the na- tional Supreme Court, all receive their powers from the Constitution of the United States, and this Constitution is a creation of the people (1)^ of the United States; the gov- ernment of a State ^ receives its powers from the people of the State ; a city or a town or a county is governed by the people who reside within its borders. Thus in the United States the will of the people prevails not only in the coun- try taken as a whole but in all its parts as well. This is the fundamental principle of the American government. The people govern by a political device known as majority rule. When a question of government is to be decided, or when an officer of government is to be chosen, an orderly vote is taken and the will of the majority is regarded as the will of all. The majority rules and the minority submits to the will of the majority; this is a necessary and unavoidable feature of democratic government. The minority, right or wrong, must bow to the will of the majority. If the cause ^ The numbers in heavy-faced type refer to passages in the Consti- tution of the United States (Appendix A) which are distinguished by corresponding numbers on the margin. ^In this treatise, when the word "state" begins with a capital letter one of the members of the American Union is meant. 9 10 THE AMERICAN GOVERNMENT of the minority, however, is just, it may be promoted, and in good time the minority may become a majority. A right- eous and aggressive minority will not suffer permanent de- feat. The Growth of Democracy. The ancient Greeks discovered the principle of majority rule, and by the year 400 B.C. most of the Grecian states were enjoying popular government. But the democracies around the Mediterranean soon per- ished, some through their own faults, others as the victims of conquest. The principle of democracy, however, was ac- tive among the Teuton tribes which overran Western Europe in the fourth and fifth centuries. Wherever these Teutons settled, whether along the Rhine, or in France, or in Eng- land, they planted democratic institutions. They lived in vil- lages, and every freeman of the village had a vote and a voice in the village meeting where public affairs were discussed, and where the policies of the little government were deter- mined. This Teuton village is an interesting example of a primary or pure democracy, — a democracy in which the peo- ple govern directly and personally. For several hundred years after the coming of the Teutons the democratic principle among the nations of Western Eu- rope was strong. Especially was it strong among the Teu- tonic settlers in England, the Angles and Saxons. During the dark ages, however, feudalism gave popular government a severe blow. Under the feudal system society was or- ganized upon the basis of landownership and upon personal relations growing out of the ownership of land. In the troublous times of the early medioBval period it became the custom of the weak to "commend" themselves to the strong for protection. This commendation created a personal re- lation in which the protector was the lord and the protected the vassal. Since the large landholders were the most power- ful it was they to whom commendation was usually made. The vassal, kneeling before his lord and placing his hands between the hands of his lord, would say : "I am your man. ' ' POPULAR GOVERNMENT 11 The lord, in return for the homage, promised the vassal pat- ronage and protection. If the vassal had any land the lord took it as his own, the vassal henceforth holding as a tenant, the tenure depending upon the performance of certain ser- vices, most of which w^ere of a personal nature. Under the workings of the feudal system a few lords came to own practically all the land in a country. A great land- lord would parcel out a tract of land to tenants, and these would parcel out to sub-tenants, and these, possibly, to sub- tenants still lower down the scale. Under this system land was everything, man was nothing; every man, except the highest lord, was another man's man. Of course democracy, which is founded on the principle that one person never obeys another person, but always obeys a law, could not thrive under such conditions. It did not thrive, but it survived. It was kept alive in the cities and towns. In a city people can easily meet to talk over public affairs and, if necessary, can unite quickly to protect their interests and liberties. Cities have always been the nurseries of democracy. When, therefore, the feudal lords attempted to override the rights of the cities situated on their lands, the citizens resisted. They were accustomed to equal rights and self-government, and they prized these blessings too highly to give them up without a struggle. They joined with the king, who generally had a quarrel with the lords, and after a long contest overthrew feudalism, the greatest enemy democracy ever had. The people had now to reckon with monarchy. With the lords crushed and out of the way the king took all the power of government into his own hands and ruled in his own interest. This was to be expected. Government by one means government for one. Government by nearly always means government for. The monarchs built up their power rapidly, and it was not long before the very existence of popular government was threatened. The people of England were the first to resist the encroach- ments of the crown. By the close of the seventeenth cen- 12 THE AMERICAN GOVERNMENT tury they had fought their battle and had won. On the Continent democracy slumbered for a hundred years longer. Then it awoke and asserted its terrible power. In France the people, who had become the servants of the government, revolted (1789) and tore up monarchy from its foundations. They beheaded the king, drove out the nobility, and es- tablished a government which was to be the servant of the people. The French Revolution was the first of a series of victories for democracy. From 1789 to the present time, in almost every country on the globe, the power of the people in matters of government has been increasing. Year by year the right to vote has been given to larger and still larger numbers of citizens, laws have become more and more favorable to popular needs and wishes, and governments themselves have become more and more democratic in spirit and form. "We may safely say that the twentieth century opens with democracy triumphant in all the progressive nations of the earth. Democracy in the United States. The above sketch shows that the principle of democracy is a persistent and inde- structible force in human affairs. In America it was a powerful force even before the Revolution. In every colony large numbers of people participated in government, and when independence was declared it was declared in the name of the people. "The people" at the time of the Revolu- tion meant but a small portion of the adult male population, but the proportion steadily grew, and by the year 1840 de- mocracy in America meant that all white male adults had the right to vote. Thirty years later all black male adults also enjoyed this right. Democracy in the United States to-day means the rule of practically the whole body of grown men plus a very considerable portion of the grown women, about 20,000,000 persons, or one fifth of the total population. Why Popular Government is the Best. What are the rea- sons which have urged the people to undertake the dangerous POPULAR GOVERmiENT 13 and difficult task of governing themselves? There are three coercive reasons why popular government should be main- tained : (1) The people are the best guardians of their own liberties and interests. Government hy, let it be repeated, is government for. Government by a king will be conducted in the interest of the royal family ; government by an aris- tocracy will be administered for the benefit of a small class ; government by all will aim to promote the welfare and pro- tect the rights of all. (2) Democracy is best for the individual. Participation in government adds to the interest of life, sharpens the in- tellect, broadens the sympathies, cultivates a civic conscience, and thus enriches and elevates individual character. (3) Popular government develops the highest type of patriotism. Citizens of a democracy always spring quickly to the defense of their government, for it is a work of their own hands. Subjects of monarchies, on the other hand, have been known to be driven into battle by the lash. Pop- ular government has had its fullest development in Switzer- land, and the Swiss are the most patriotic people in the world. The Dangers of Popular Government. We are sometimes taught to regard democracy as something divine. We are told that the voice of the people is the voice of God. We should cherish the principle of democracy and resist every attempt to undermine it or sap its strength, but we need not regard it as a divine institution. It is simply one of the forms of government. It is that form in which the people rule by the device of voting and abiding by the will of the majority. That is all. Democracy is a human institution, and like all human institutions it is beset by dangers. Three of these dangers are inherent and must be pointed out : (1) Indifference. It is extremely easy to forget and neg- lect civic duty. It is next to impossible to keep the attention fixed constantly upon public affairs. Yet the success of 14 THE AMERICAN GOVERNMENT popular government requires that the citizen's interest in public affairs be sustained, and that his watchfulness shall never be relaxed. Eternal vigilance is the price of democ- racy as well as of many other good things. A people who are habitually indifferent to the affairs of government are not fit to rule themselves. (2) The Demagogue. A demagogue is a leader who seeks to gain political power for his own selfish purposes, and not for his country's good. The demagogue flatters the people and confirms them in their prejudices and wrong-thinking and, if necessary, lies to them. He would rather lead the people to their destruction than fail in his designs. "We must always have leaders, and as long as there are men who prefer their private gain to the public welfare, so long will the false leader, the demagogue, be with us. We ought, therefore, to keep a sharp lookout for this arch enemy of democracy and deal him a blow whenever he shows his baleful head. (3) Tyranny. We are accustomed to associate the idea of tyranny with kings, but what is tyranny? It is an exer- cise of power without regard to justice ; it is an exercise of brute force. Now if the majority ruthlessly trample upon the rights of the minority, the minority feels the tyranny as keenly as if it were inflicted by a despot. Tyranny in popular government is worse than the tyranny of monar- chies. A tyrannical king can be overthrown, but when a majority is tyrannical its tyranny cannot be successfully resisted. The danger of tyranny in popular government will be avoided if the majority will remember justice and right. But justice and right are not always identical with the popular will. ' ' To say that the will of the majority makes a thing right or wrong is a palpable absurdity. Right and wrong are what they are by their own nature. They can as little be made by man as can the properties of the tri- angle. No man, no number of men, can do more than declare them. The will of the majority ought to prevail if it is in POPULAR GOVERNMENT 15 accordance with right. For the sole ought is an ethical ought." {W. S. Lilly.) Democracy and the Individual. We learn in physics that a body acted upon by a number of forces applied from dif- ferent directions yields something to each force and moves in a line that is the resultant of all the forces. So it is in the political world. In a democracy a number of wills exert themselves upon government to make it go this way and that ; it yields something to each and moves in a direc- tion that is the resultant of all the wills. Plainly, then, the responsibility for the course of public affairs must be sought in the doings of individuals. Just as one 's personal conduct affects the government of the home for good or for evil, or the government of the school for good or for evil, so does personal conduct affect the larger civil government for good or for evil. This is another way of saying that good govern- ment begins with one 's self, not with one 's neighbor. When I grasp the idea of personal responsibility in political mat- ters, when I understand that the greatest contribution I can make to the cause of good government is to order my own political actions aright, I am beginning to understand the duty that rests upon me as a citizen of a democracy. The first fact of a democracy is the power of the people ; the first fact of citizenship in a democracy is the civic responsibility of the individual. QUESTIONS ON THE TEXT 1. What is a democracy? Why may we call the United States a democracy ? 2. What is meant by majority rule? 3. In what countries did democracy flourish in early times? 4. What is a p^n-e democracy? 5. How did feudalism affect popular government? 6. In what way have cities advanced the cause of democracy? 7. In what way have kings retarded the cause of democracy? 8. Whab was the French Eevolution? What have been the results of that Eevolution? 9. Give an account of the growth of Democracy in America. 16 THE AMERICAN GOVERNMENT 10. Give three good reasons why popular government should be main- tained. 11. Point out three great dangers of popular government. 12. How can it be shown that responsibility for good government in a democracy rests upon the individual? SUGGESTIVE QUESTIONS AND EXERCISES 1. (Plurality.) If in a contest for office A receives 5000 votes, B 4000, and C 3000 there is no majority, but A receives a plurality. Should the will of the plurality rule? 2. (Second Election.) " In a democracy no one ought to be declared elected to an office unless he has received a majority of all the votes cast. If there are three or more candidates and no person receives a majority of the votes there should be a second election, the candidates being the two persons who received the greatest number of votes at the first election." Discuss the above proposition. 3. In England practically all the male citizens of voting age have the right to vote. Is England a democracy? 4. What is ochlocracy I' plutocracy ? 5. Can democracy be strengthened by permitting women to vote? In what way may a non-voter influence government? 6. In the average school would the majority express its will in favor of order and industry? If so, would the minority acquiesce? 7. In olden times it was said that the voice of the king was the voice of God; in these times it is sometimes said that the voice of the people is the voice of God. In which statement is there more truth? 8. Which is better, self-government or good government? 9. Why should Civics be taught in the public school? Topics for Special Wort. — The Perils of Democracy: 1, 279-301, 21-26. The Extension of Democracy: 4, 87-102. Majority Eule: 4, 161-173. The Meaning of Self -Government: 30, 15-21.' ^ The number in heavy-faced type refers to the book of the cor- responding number in the book list on p. 437. Ill REPRESENTATIVE GOVERNMENT Representative Democracy. A representative government is a popular government in which power is exercised by chosen agents (representatives) of the people, instead of being exercised directly by the people assembled as a pure democracy. A country which is governed by representatives elected by the people is a representative democracy or re- public. In a representative democracy the people rule no less than in a pure democracy, but they rule indirectly. Growth of Representative Government. We have seen that popular government in ancient times was a simple affair. At stated times all the freemen assembled at the meeting- place and disposed of public questions by a direct vote, the majority of votes ruling. Wlien the body of freemen was small democracy in this pure form was practicable ; but how was the principle of popular rule to be applied to large bodies? How was the will of a state consisting of millions of people to be ascertained or expressed, and how was the government of such a state to be conducted? The ancient Greeks and Romans never answered this question success- fully. They never discovered a method by which very large bodies of people might knit themselves together and live un- der one government and at the same time enjoy self-govern- ment and civil liberty. Our Anglo-Saxon ancestors, however, solved this question in a very ingenious manner. Wlien they invaded England (449 a.d.) they settled down in villages, but they united the villages into larger political associations 17 18 THE AI^IERICAN GOVERNMENT known as hundreds. This union was effected in the follow- ing way: In each village four discreet men were chosen to attend the hundred moot, or meeting-place of the hundred, where they met other discreet men from the other villages of the hundred. The four men sent to the hundred moot spoke and voted for the village from whence they came. "Their voice was its voice, their doings its doings, their pledge its pledge." At the hundred moot were done only those things that the village could not do for itself. Strife between village and village was allayed ; appeals were heard ; judgment in the weightier cases of law was rendered. All matters that were purely local v/ere still in the hands of the little home government, the village moot. The central authority did not destroy local self-government. The union of villages under the government of the hun- dred pointed the way to the formation of larger unions. The villages also sent their representatives to a shiremoot, where public business was transacted in the name of the shire, the parent of the modern county. The organization of the shire- moot was the model for a national moot, and in 1265 the nation through its representatives met in a council at West- minster, two representatives from each shire attending. Thirty years later, in addition to the two representatives of the shire, two citizens from each city and two burgesses from each borough were elected to the national council. This council, consisting of representatives of the whole body of the English people, was the first English Parliament. With this body the sovereign power of the people was lodged, and England has been a representative government, as far as its law-making body is concerned, ever since. Representative government developed in the other coun- tries of Europe, but not so rapidly, or with such unbroken success, as in England. Throughout the last century, just as democracy gained strength everywhere, so did representa- tive government gain strength everywhere. At the present time in all the free governments of the world the people govern, in part at least, through chosen representatives. REPRESENTATIVE GOVERNMENT 19 Representative Government in the United States. The rep- resentative feature of the American government is as marked as is its democratic feature. In 1619 Virginia had the honor of electing the first representative body that ever met in America. In New England the people from the beginning managed affairs that were purely local in the purely demo- cratic way (p. 205), but in reference to the general affairs of the colony they acted through their representatives. And so it was in all the colonies. To govern through representa- tives seemed the only natural way of conducting political affairs. Independence was declared by representatives of the colonies, and the Constitution was framed by represen- tatives of the States (130). In the United States government is representative not only in the law-making department, but in all its departments. Our Presidents and governors and mayors and, in most in- stances, our judges are chosen agents of the people. The officers of government who are not directly elected by the people are appointed by direct representatives, and are thus not far removed from the voters. The people govern not only through their representatives, but it is by means of chains of representation that counties and cities and States are bound together into one strong and indissoluble VNION. Principles of Representation. What principles shall govern in the choice of representatives ? Shall a representative act for a class, for an interest, for a locality, or for all the peo- ple who elect him? How shall representatives be appor- tioned? For how long a time shall a representative retain his power ? These questions have given rise to many politi- cal battles, and have led to many political experiments. In the English Parliament for a long time manufacturing in- terests were represented by members from the boroughs and cities, farming interests were represented by members from the shires, church interests by the bishops, educational in- terests by members from the universities, the noble classes 20 THE AIMERICAN GOVERNMENT by the lords. In other words, Parliament represented only classes and interests. With the rise of democracy in the nineteenth century the system of government by classes and interests broke down in England and elsewhere, and an officer of government began to be regarded as a representa- tive of all the people. For the law-making branch of gov- ernment the principle of representation according to num- ber was adopted; so many people, so many representatives. In order that the people might have an opportunity of choos- ing new agents and instituting new policies of government the term of the representative was limited to a fixed period of time. Another rule which was quite generally observed was this: the voters chose as a representative one who re- sided within the district in which the vote was taken. These principles of representation are applied to a greater or less extent in all countries which enjoy free government. In the United States they are applied with great fidelity in all the grades of government, in township and county and city and State and nation. The principles are four in number, and may be stated as follows: 1. A representative acts not for favored classes or in- terests, but for people as people. 2. Representatives in the legislature are apportioned ac- cording to population. 3. A representative is chosen for a definite period of time, usually a short period. 4. A representative resides among his people. The Representation of the Minority. In the choice of repre- sentatives the principle of majority rule prevails. If there are more than two candidates for an office, a candidate hav- ing a plurality of votes is usually declared elected. Some- times the majority rule seems to work injustice to the minor- ity. For example, in a State where the voters of one of the great political parties have a decided majority in all parts of the State, the minority will go unrepresented altogether. There have been times when the legislature of Vermont was REPRESENTATIVE GOVERNMENT 21 without a single representative of the Democratic party, al- though there were thousands of Democrats in the State. To secure a representation for the minority numerous devices have been proposed. Two of these have been practically ap- plied. The first is known as the ' ' limited vote ' ' plan. When a group of three officers is to be chosen in a district, as, for example, three commissioners in a county, if no person is allowed to vote for more than two candidates, one of the three successful candidates may be a member of the political party which is in a minority. This plan has been adopted in Pennsylvania in the election of county officers. The second device for representing the minority involves the plan of ' ' cumulative voting. ' ' Under this plan each voter may cast as many votes as there are candidates for office, and may distribute his votes or give them all to one candidate. By concentrating their votes upon one candidate a minority can generally secure representation. Cumulative voting has been practiced for many years in Illinois. The People and their Representatives. In a representative democracy government on election-day passes out of the hands of the people for a time into the hands of their chosen agents. In the long run these agents will be like the people they represent. If the voters want good government their representatives will give it to them. As "William Penn said : " Grovernments rather depend upon men than men upon governments. Let men be good and the government cannot be bad; for if it be ill they will cure it. But if men be bad, let the government be ever so good, they will endeavor to warp and spoil to their turn. ... I know some say let us have good laws and no matter for the men that execute them; but let them consider that though good laws do well, good men do better, for good laws may want good men and be abolished by ill men ; but good men will never want good laws nor suffer ill ones." The truth and logic of these words cannot be escaped. The character of a government depends upon the voters who control it. It is of little use 22 THE AMERICAN GOVERNMENT to scold our representatives, for they are one with us. "When we become better they will become better. Nor should we attempt to shift responsibility from ourselves to our repre- sentatives. Representation is a device of great convenience, but it cannot work political magic. It cannot remove the burden of responsibility from the shoulders of the individual. "When we assume the task of self-government we assume per- sonal duties which no political contrivance will enable us to escape. QUESTIONS ON THE TEXT 1. What is a representative government? 2. What is a republic? 3. Contrast pure democracy with representative democracy . 4. Give an account of the growth of representative government in England. 5. What has been the history of representative government in the United States? 6. State the principles which govern in the United States in the matter of representation. 7. State two devices by which the minority may be represented. 8. Show that representatives are like their constituents. SUGGESTIVE QUESTIONS AND EXEECISES 1. Name the four essentials of a good representative system. See Bryee, Vol. I, p. 296. 2. Distinguish between a "delegate" and a "representative." 3. What qualities are developed in the citizen of a pure democracy? Which is better for the individual, a direct or an indirect democracy? 4. In a number of the States local affairs — especially school affairs — are managed by the people meeting as a pure democracy. State the advantages and disadvantages of this custom, 5. In England voters sometimes choose as a representative one who does not reside among themselves. Give reasons for and against such a custom. 6. Give illustrations of representative bodies that are not political. 7. Arrange the following forms of government according to merit, placing the best first: Oligarchy, absolute monarchy, representative democracy, aristocracy, anarchy, pure democracy, limited monarchy. 8. Answer the following questions in reference to the relations that should exist between a representative and his constituents: Under what circumstances will a representative be justified in opposing the wishes of the people who elected him? If the wishes of the voters change after election, should the representative act according to the changed EEPRESENTATIVE GOVERNMENT 23 views of his constituents? Should the representative under all circum- stances act according to his o^vti judgment? Should he abide by the promises made before his election? Should he resign if his views do not accord with the views of his constituents? When a representative is instructed by his constituents as to a course of action should he obey the instructions? 9. The Recall. In some States and in many cities the people retain complete control over the officers whom they have elected by means of a political device known as the "recall." Where the recall is in use the voters, upon the complaint or petition of a certain number of citi- zens, vote upon the question whether a certain officer shall be deprived of (recalled from) his office before his term expires, and if the vote is in favor of the officer 's removal he must give up his office before the end of his term. When an officer is removed by the operation of the recall, the vacancy is filled by holding a special election, at which the officer removed may be a candidate if he so desires. The recall is in operation in many of the cities governed by the commission system (p. 220) and in some cities not thus governed. In several instances mayors of large cities have been removed through the procedure of the recall. In some of the States where the recall is in use the judges are exempt from its operations. The recall is in operation in the States of Oregon, California, Arizona, Arkansas, Colorado, Washington, Louis- iana, Kansas and Nevada. What do you think of the recall as a politi- cal contrivance? 10. The Hare System of Bepresentation. — This system aims to give a representation to each political party or group of voters in exact proportion to the number of votes cast by each party or group par- ticipating in the election. The total number of votes cast is divided by the number of representatives to be chosen and the quotient, called the "electoral quota," is taken as the number of votes necessary to elect any candidate. Each voter is permitted to vote for one candi- date, but is permitted to indicate his second and third choices, etc. "In counting the ballots only the first choices are counted and as soon as a candidate has received a number of votes equal to the electoral quota he is declared elected and no more votes are counted for him. The remaining ballots which designate him as first choice are then counted for the candidate having the second choice, and so on down the list until the necessary number of persons have been declared elected. ' ' The Hare System has been adopted in the city of Ashtabula, Ohio. Topics for Special WorJc. — Eepresentative Government: 4, 174-183. Four Essentials of a Eepresentative System: 2, 217-218. The Limited and Cumulative Vote: 13, 86-98. The Eecall: 30, 526-527. IV THE THREE DEPARTMENTS OF GOVERNMENT How the Power of Government is Separated. The people of a free state will not confer all the power of government upon one person, or upon one body of persons. Experience has taught that it is better to divide governmental power into three portions, and to establish three departments of government, allotting to each department its own peculiar portion. The three departments of a popular government are: (1) The legislative department, upon which is conferred the power of making laws; (2) the judicial department, which is entrusted with the power of deciding how the law shall apply in particular cases when disputes arise; (3) the executive department, which is vested with the power of en- forcing laws. The Development of the Three-Department System. In the earliest times the king was legislator, judge, and executive : he made the law, he sat in judgment upon those charged with violating it, and he enforced the penalties against the guilty. Later, but still very early in the history of politics, the king began to share the power of government with a council of elders (p. 5). The council expressed the will of the state and the king executed what the council advised. Here was the first separation of governmental power. The growth of democracy in the ancient world brought a further separation. We find that in Athens as early as 500 b.c. there were law- makers and judges and executive officers. It must not be thought, however, that in ancient times the three depart- 24 THE THREE DEPARTMENTS OF GOVERNMENT 25 ments were fully developed, and that each department was entrusted only with power of a certain kind. Athenian law- makers sometimes did what only judges ought to do, and Athenian judges would sometimes do what only law-makers ought to do. In the early history of England the folkmoot exercised legislative, judicial, and executive powers, but along with the development of representative government there was developed a system of distributing the powers to three great departments. Parliament confined itself chiefly to making laws, a class learned in the law acted as judges, and the king carried the law into effect. The lines that divided the three departments were not always clear, and one depart- ment frequently encroached upon another. In the seven- teenth century a king (James I) ventured to sit on the bench as a judge, but his conduct was universally condemned. The protest which arose against the encroachment of James shows that Englishmen then had learned to draw the lines that should separate the departments, and in the struggle which followed it was settled that these lines should not be blurred or effaced. In 1765 the most celebrated expounder of Eng- lish law (Blackstone) could say that in England the three departments of government were separate and distinct. The Three-Department System in the United States. In America the lines which divide the three departments from each other are quite distinct and clear. In very few in- stances shall we find one branch doing what properly belongs to another branch. AVhen the founders of the republic distributed the powers to the three departments they took great care that judges should do only the work of judges, that legislatvires should only make laws, and that executives should be concerned only with the carrying out of laws, and they placed around each department effectual barriers against encroachment by the other departments. And the policy of the fathers has been continued to the present time. In the United States political power is everywhere distributed 26 THE AMERICAN GOVERNMENT to three departments. This is true of the American govern- ment in all its gradations. In the government of towns and cities ^ and States, as well as in the government of the nation, three departments are in operation, each doing a work that is peculiarly its own. The Legislature. The most powerful and in some respects the most important department is the legislature, which ex- presses the will of the people in the form of laws. Almost every subject relating to the safety and welfare of society may come within the scope of legislative action. One of the most important powers of the legislature is to provide money by means of taxation for the support of government. In the United States it is a general rule that the legislative department shall consist of representatives elected by the people for short terms. The legislature does not sit in con- tinuous session, but adjourns and disperses when the proper and necessary laws have been made. The English parliament as originally constituted (1295) consisted of the representatives of four classes, (1) the nobility, (2) the clergy, (3) the knights, or representatives of the shires, (4) the burgesses, or representatives of the towns. Here was a legislature of four branches. Before the end of the fourteenth century the clergy were sitting and voting with the nobility, and the knights and burgesses were sitting and voting together. The four branches were thus reduced to two, the nobility and clergy constituting the House of Lords, and the knights and burgesses the House of Commons. In the colonies the English system of a bicameral legislature was quite generally imitated. Of the States formed at the time of the Revolution only three had legislatures of a single branch. At the present time the legislature of the nation (Congress) and the legislatures of all the States and those of some of our cities consist of two branches, an upper and a lower house. The upper house (often called the senate) usually consists of members ^ For exceptions to this rule, see p. 220. THE THREE DEPARTMENTS OF GOVERN^IENT 27 who are older than members of the lower house, and who are elected for longer terms. The lower house is, on an average, about three times as large as the upper house. A measure must always pass both houses before it becomes a law. Why is it necessary to have two separate bodies of men to pass a law? Experience, which has taught us so much about government, seems to decide in favor of two houses. Legislatures of a single house have been tried, and it has been found that they do not always act with sufficient delib- eration. An anecdote related of Washington teaches very well the advantage of having two houses: Jefferson once, while dining with Washington, attacked the bicameral sys- tem as being clumsy and mischievous. Washington defended the American plan. "You yourself," he said, "have proved the excellence of two houses this very moment." "I?" said Jefferson, "how is that. General?" "You have," re- plied Washington, "turned your hot tea from the cup into the saucer to get it cool. It is the same thing we desire of the two houses. ' ' When a law must pass in two branches there is an opportunity for that sober second thought which is so valuable in every sphere of action. The Judiciary. Violations of law will occur; disputes will arise between men as to their rights under the law; ques- tions as to the meaning and scope of a law will be raised. The power of trying offenders and of settling controversies between contending parties and of interpreting the mean- ing of the law is lodged with the judicial branch. The work of the judge is confined to the cases that are brought before him. If no eases are brought, then he has nothing to do. The judges are usually chosen by the people, although they are sometimes appointed, either by the executive or by the legislature. Historically, they are really representatives of the people, for they pronounce the justice which was origi- nally dispensed by a popular assembly. It has become the practice of all nations to select for the judiciary men who 28 THE AMERICAN GOVERNMENT are skilled in the law, and who by temperament and char- acter are competent to render just and lawful decisions. The Executive. The enforcement of the laws made by the legislature, and the decisions made by the judiciary, and the preservation of peace and order are the functions of the executive branch. In this department reposes the physical force of the state. The executive has at its command armies and navies and will use them if necessary. In republics the chief executive officers are elected by the people. Executive power in modern times is usually vested in one person — a president, a governor, a mayor, a prince, a king, an emperor. The executive very frequently has the power of vetoing an act of the legislature, but the veto usually can be overcome by a two-thirds vote. The veto power is plainly a legisla- tive power. Independence of the Departments. Under our system each of the departments is quite absolute in its sphere, and quite independent of the other two departments. If one depart- ment seems to another department to be going wrong the latter will refuse to cooperate with the former, and thus obstruct its action. Thus if the legislature passes an act which in the distribution of powers the judiciary thinks it has no right to pass, the judiciary may hold the act to be null and void as soon as a dispute arising under the act is brought before it. If the judiciary presumes to exercise powers that do not properly belong to it, the legislature may by appropriate laws check the usurpation. If the execu- tive goes strongly counter to the wishes of the legislature the latter may refuse to vote the money that is necessary to conduct executive business and thus stop the wheels of government. Thus by a system of nicely balanced powers and effective checks the independence of each department is secured. The maintenance of this system of "checks and bal- ances" is a perpetual task of citizenship. If the people THE THREE DEPARTMENTS OF GOVERNMENT 29 are not vigilant one department will encroach upon another and gather to itself power that does not rightly belong to it. "The spirit of encroachment," said Washington, "tends to consolidate the powers of all the departments in one, and thus to create, whatever the form of government, a real despotism." As long as human nature remains what it is this "spirit of encroachment" will be present; it grows out of man's inborn love of power. Grant to a man a certain portion of power, and immediately he craves a larger portion. This disposition of one department to en- croach upon another can never be smothered, but it can be effectually resisted. Wlien one branch encroaches upon an- other and usurps its power, it does so simply by the natural operation of a superior force, and there is only one power that can check the usurpation, and that power is the peo- ple themselves: the voters can restore the balance by refus- ing to elect usurpers. Although this independence of the departments is a cherished feature of American government, the system nev- ertheless has some drawbacks and disadvantages. Sometimes one department by asserting its independence obstructs the workings of the entire political machine, with the result that the government is robbed of its strength and efficiency. So far is this true that many students of political science have come to believe that we shall sooner or later be compelled to abandon the old plan of separating power and substitute a system under which power is more fully centralized and con- solidated. This view has already found expression in those cities organized under the commission system (p. 220), where executive and legislative powers are blended in one body. Moreover, in several States serious attempts have been made to lodge the executive and legislative power of the State in a single body, and thus establish in the State a fonn of gov- ernment resembling the commission system. 30 THE AMERICAN GOVERNMENT QUESTIONS ON THE TEXT 1. Name the three departments of government and state the func- tions of each. 2. What division of governmental power was made in ancient times? 3. Give an account of the growth of the three- department system in England. 4. Give an account of the three-department system in the United States. 5. What are the powers of the legislature? 6. Trace the development of the bicameral legislature in England. 7. Why is the bicameral system better than other systems? 8. What powers are vested in the judiciary? 9. What are the powers of the executive department? 10. Explain how one department may maintain its independence with respect to the other two. 11. Why is one department likely to attempt encroachment upon an- other? Can such encroachment be prevented? SUGGESTIVE QUESTIONS AND EXEECISES 1. State to which of the three departments of government the follow- ing functions should be assigned: (a) The bombardment of a city by a fleet; (b) the sale of property for debt; (c) the execution of a mur- derer; (d) the sentencing of a thief; (e) the ordering of taxes to be collected; (/) the collection of taxes; (g) the dispersal of a mob; (h) the muzzling of dogs; (i) the declaration of a war; (j) the arrest of a man for disorderly conduct; (fc) the construction of a bridge; (I) the regulation of the descent of property; (m) the settling of a dispute be- tween the heirs of an estate; (n) the regulation of the speed of auto- mobiles; (o) the determination of damages for injuries received in an automobile accident. 2. If power must consolidate, in which branch do you prefer that it will centre? Give your reasons. 3. Write a description of an ideal judge. 4. Contrast the qualities which are desirable in a law-maker with those which are desirable in an executive officer. 5. Name the great law-givers of history. 6. Name several of the great executive geniuses of history. 7. Would it be wise to entrust the law-making power of a high school to the pupils? the judicial power? Give reasons for each answer. 8. In the government of yourself you are actuated by conscience, judgment, and will — which of these is legislative, which executive, and which judicial? 9. Name the officers of government with whom you are acquainted, and state in which department each serves. A Hint on Beading. — For a discussion of the subject of this lesson, see Woolsey 's ' ' Political Science, ' ' Vol. II, 258-347. CONSTITUTIONAL GOVERNMENT Introductory. A government may have all the characteris- tics thus far described, it may be democratic in form and spirit, it may be thoroughly representative, it may have the three branches clearly separated, and still there may be no guarantee that civil liberty will be permanently enjoyed. For representatives are liable to abuse power, and majorities, like individuals, in moments of excitement and passion are liable to choose a wrong or unjust course of action. Can there be ordained a power that will lay hold of our law- makers and judges and governors and say to them, "Thus far you may go, and no farther"? Can the people place before themselves an obstruction to hasty and unwise action ? Is there a political contrivance that will protect citizens from both the tyranny of rulers and from the injustice of majorities? We may let our own experience answer these questions. Charters. At the time when the English people were bat- tling for their liberties in the seventeenth century, colonies of Englishmen were forming in America, and all the rights and privileges won in the mother country were claimed by those who came to the new world. Indeed many left England that they might enjoy a larger freedom in America. The new comers were careful from the beginning to throw every safeguard around their rights as Englishmen. Each colony had a written document called a charter, which described the kind of government it was to have, and the privileges it 31 32 THE AMERICAN GOVERNMENT was to enjoy. The charter of Connecticut is especially in- teresting to students of government. In 1639, three little towns along the Connecticut River joined to form the colony of Connecticut. The people of the colony framed an out- line of the kind of government they wanted, and the plan, having been accepted by the king, remained the fundamental law of Connecticut until 1818. This is the first example in the history of the world of a government being successfully conducted according to the words of a written document. The colonial charters, whether granted directly by the king — as most of them were — or prepared by the people, were pledges of the good faith of the home government, and as such they were held in the highest esteem by the colonies. A colony looked upon its charter as the written guarantee of its liberties, just as an owner of property looks upon his deed as giving him a title to his house or farm. When the king or his officers became oppressive or unjust the people pointed to their charter as their defense. Upon one occa- sion the king, wishing to deprive Connecticut of its rights, sent an officer after its charter, but the people fmstrated the plan by hiding the precious document in the hollow of a tree. They felt that as long as they could keep their charter they were safe. Under their charters the colonies grew and prospered, each colony developing in its own way and making its own laws. Each colony was independent of all the others, but all were dependent upon Great Britain. Since the charters were not all alike, the several governments of the colonies differed from each other, but suace the charters all issued from the same source, and since the laws of England applied to all the colonies alike, the government of one colony could not differ very widely from that of another. Constitutions. "When the colonies separated from Great Britain and became independent States the old charters of course lost their validity, for there was no king to stamp them with authority. The people saw at once that they must CONSTITUTIONAL GOVERNMENT 33 be their own king and make their own charters. As rapidly as possible each of the new States drew up for itself a char- ter which recognized the people as the source of authority in government. A new name was given to this new instru- ment. Instead of its being called a charter it was called a constitution. This constitution was to be the foundation plan and framework upon which the governmental structure was to be built. Of course each new constitution was quite similar to the charter which it supplanted. For a State to have planned for a government quite unlike the one to which the people were accustomed would have been to commit a grave political error. A government that is new and strange is not likely to receive the confidence and respect of the peo- ple, no matter how wise and beneficent may be its provisions. The statesmen of 1776, therefore, made the new State con- stitutions conform as closely as possible to the colonial char- ters. Connecticut and Rhode Island experienced no change at all in passing from colony to State. They simply substi- tuted the word "people" for the word "king" in their charters, and these became their constitutions. After they had established their independence the States found that it was necessary to unite and form a central gov- ernment. The powers of this central government were ex- pressed in the Constitution of the United States. The his- tory and nature of this great document will be given here- after. It is sufficient here to say that the Constitution ^ of the United States is our fundamental law. We have had occasion to refer to it heretofore, and throughout our work we shaU refer to it constantly, and as we advance we shall learn more and more of its authority and influence in our political life. Each of the States that have been admitted into the Union under the Constitution (118) has followed the example of the original States, and has framed a constitution for itself. Every State, therefore, and the United States as well, ^ In this book when the word ' ' constitution ' ' begins -with a capital letter the Constitution of the United States is meant. 34 THE AMERICAN GOVERNMENT has a written constitution as its fundamental law. Cities likewise are governed by charters (p. 75) which in some respects are like written constitutions. Thus government in America is everywhere conducted according to the written word ; it is everywhere constitutional. General Features of a Constitution. The special provisions of constitutions will receive notice from time to time as we proceed. At present it is necessary to call attention only to their broad features. The strong resemblance which the forty-eight constitutions of the States bear to one another and to the Constitution of the United States makes it possible to describe all in outline by describing one in outline. The essentials of a constitution are : (1) A preamble (1) stating the general purpose for which the government is instituted. (2) A Bill of Rights guaranteeing to the people repub- lican principles of government, personal security, private property, freedom of conscience, freedom of speech and of the press, and other fundamental rights of citizenship. (3) Provisions for the organization of the three depart- ments of government, and a description of the powers to be exercised by each. (4) Miscellaneous provisions relating to such topics as municipalities, corporations, public debt, education, taxa- tion, suffrage, amendments, revisions. (5) A schedule describing how and when the constitution shall go into effect. How Constitutions Obtain Their Authority. The first Amer- ican constitutions were promulgated in the name of the peo- ple, yet they were not as a rule the direct creations of the people. The statesmen of 1776 did not have a very strong faith in the wisdom of the people, and were not quite will- ing to submit a fundamental law to a popular vote. As democracy grew more fashionable, and as the people came to CONSTITUTIONAL GOVERNMENT . 35 be more fully recognized as tlie real masters of government, the custom of submitting constitutions to voters for their approval became general. At the present time a constitution is usually ratified by the people at the polls before it is put into operation. This popular ratification clothes the constitution with all the authority that a law can possibly have, for it is a law passed by the people themselves acting as legislators. A constitution, therefore, is a solemn and deliberate expression of the popular will, and as such it is a fixed, permanent law which all the branches of a govern- ment must obey. If the legislature should pass a law con- flicting with the provisions of the constitution, such a law would cease to have effect if it should be tested in the courts and should be declared unconstitutional; and if a judge or the executive should act in violation of the constitution, such action would be illegal and possibly punishable. The Amendment and Revision of Constitutions. Although a constitution is a fixed, unchanging law, it may not re- main unchanged and unchangeable forever. A provision in a constitution which was wise and just fifty years ago may be harmful now. Every constitution recognizes this fact, and provides for making changes, when these may seem necessary. These changes or amendments are effected in various ways, the usual procedure being as follows : ^ the amendment that is thought to be desirable first passes the legislature of the State and is then submitted to the people for their approval. If it receives the required number of votes it becomes a part of the constitution. An amend- ment, it will be seen, is simply a law passed by the people and placed in the constitution; but it is a law that cannot be repealed by the legislature. Constitutions provide not only for their own amendment, but also for their own complete revision. They provide for ^In a number of States amendments are secured through the opera- tion of the initiative and referendum (p. 167). For the method of amending the Constitution of the United States see page 53. 36 THE AMERICAN GOVERNMENT the calling of a constitutional convention, which shall have power to revise the old constitution and frame a new one. A general revision of a State constitution is usually ac- complished in the following way: The legislature submits to the people the question whether or not a convention shall be called to frame a new constitution. In several States this question must be submitted to the voters every twenty years ; in Michigan it must be submitted every sixteen years ; in Iowa every ten years. If the vote is in favor of a con- vention, delegates are elected, and the work of revision begins. It is the custom to submit the revised constitution to the people for their approval, although this is not always done. Whatever may be the regulation for amendment and re- vision the constitution cannot be suddenly altered. Usu- ally two or three years must elapse before a proposed change can be fully effected. This necessary delay has its disadvan- tages, but upon the whole it results in good. It gives time for discussion and reflection. A constitution would not be worthy of its name if caprice or passion could change it in a day. Constitutions the Safeguard of Liberty. We may now an- swer the questions asked at the beginning of this chapter: The people may protect themselves from themselves, and from their rulers, by means of a constitutional government. They may formally and solemnly declare their will in a written constitution, and demand that government be con- ducted according to the terms of this document. When a person maps out for himself a course of right conduct, and rigidly abides by the rules he makes for himself, he is a free and self-governing being; and likewise, if a people will im- pose upon themselves a fundamental law, a constitution, and will abide faithfully by its terms, civil liberty and self- government will be assured. CONSTITUTIONAL GOVERNMENT 37 QUESTIONS ON THE TEXT 1. What was a colonial charter? 2. Give an account of the first charter of Connecticut. 3. What place did the charter occupy in the political life of the colony? 4. How did the charters become constitutions? 5. To what extent are written constitutions employed in the United States? 6. What are the general features of a written constitution? 7. From what source does a constitution obtain its authority? 8. How may a constitution be amended? 9. How may a new constitution be secured? 10. Show that constitutional government is a safeguard of liberty. SUGGESTIVE QUESTIONS AND EXEECISES 1. What is the derivation of the word charter? constitution? 2. Compare the constitution of your State in outline with the out- line indicated in the text. 3. Give briefly the constitutional history of your State, stating when the first constitution was adopted, what revisions have been made, the date of the adoption of the present constitution and the amendments that have been added. 4. Mr. Bryce, an Englishman, imagines that the American people could govern themselves without written constitutions. Give reasons why an American would hardly be able to imagine such a thing. 5. Explain fully the following sentence: The United States is a democratic, representative, constitutional republic. 6. Is it generally understood that the constitution of your State needs revision or amendment? If so, how may it be revised? How may it be amended? 7. Draw up a constitution for the government of a debating society. (In preparing this exercise remember that a constitution describes only the outline of government, and states only general principles.) 8. Would it be wise for your State to exchange constitutions with a neighboring State? Give reasons for your answer. Topics for Special Worlc. — Contents of State Constitutions: 2, 306- 316. The Written and Unwritten Constitution: 5, 10-13; 192-193; 30, 51-55. How the Colonies were Governed: 6, 36-51. VI FEDERAL GOVERNMENT The Different Kinds of Political Unions. An alliance is an agreement between two or more sovereign states to co- operate in the accomplishment of some mutually desirable purpose. A state entering into an alliance does not surren- der or impair its sovereignty. Since an alliance may be dissolved at the pleasure of any of the contracting parties, it is the weakest of all political unions. Another kind of union between states is the confederation or league. A con- federation is formed by two or more states uniting and es- tablishing a central government, vesting it with certain powers, but withliolding from it the right of exercising au- thority over individuals. In exercising its power the cen- tral government of a confederation must operate through the agency of the states which compose the union. The confederation, therefore, is a "band of states" (Staaten- hund) united more firmly than they would be by an alliance, but not so closely and so intimately as to form an inde- structible and indivisible union. The strongest of all political associations is the federal union. In the federal union the uniting states establish a central (federal) government which is independent of themselves, and which operates with organs of its own, its power extending even to individuals. In the formation of the federal union, or the federal state, as it may very prop- erly be called, the federal government is made sovereign, in respect to matters which concern all the states taken collectively, while each separate state retains its sovereignty in respect to those matters which concern only itself. The 38 FEDERAL GOVERNMENT 39 federal principle is an outgrowth of the representative principle, and federal government is the latest important development in political science. The Complexity of American Government. The United States is a federal republic, and its government is compli- cated and difficult to understand. Under our system au- thority flows from two sources: we have one government of the nation and another government of the State ; we have two constitutions and two sets of laws to be obeyed, and two sets of officers to enforce the laws ; we have forty-eight States working side by side, each attending to its own af- fairs in its own way, and over and through and in all these States there is the federal government attending to the affairs of the nation. How is this twofold authority pos- sible? How can a person serve two masters? Suppose the federal government should command what the State forbids, which shall be obeyed? AVhere is the line which divides the authority of the federal government from the authority of the State ? Such questions as these early force themselves upon the student of American government. We may best approach the task of answering them by taking a glance at history. The Growth of Federalism in America. The American union as we see it to-day is the result of nearly three cen- turies of political association of colony with colony and State with State. The story of our union properly begins with an account of the New England Confederation. In 1643 commissioners from Massachusetts Bay, Connecticut, New Haven, and Plymouth met and resolved : Whereas we live encompassed by seuerall Nations and Strang lan- guages which hereafter may proue injui'ious to vs or our posteritie, and forasmuch as the Natives have formerly committed sondry insolences and outrages vpon seuerall plantacons of the English . . . wee there- fore doe conceiue it our bounden Dutye without delay to enter into a present consotiation amongst ourselues for mutual help and strength in all our future concernments. 40 THE AMERICAN GOVERNMENT The "concernments" were the encroachments of the Dutch and the ravages of the Indians. Each colony was repre- sented by two commissioners. The Confederation had fuU power to determine all matters relating to peace and war. The league fulfilled the purposes for which it was formed and dissolved in 1684. It lasted long enough and accom- plished enough to show to the colonies the great benefit of union, and the lesson it taught was never forgotten. In 1754, when the colonists were hard pressed by the French and Indians, delegates from seven colonies met at Albany and agreed upon a Plan of Union drawn up by Ben- jamin Franklin, whose long life was devoted to the cause of union. The plan proved to be acceptable neither to the people of the colonies nor to the English government, and the work of the Albany convention came to naught. In 1765, nine colonies sent delegates to the Stamp Act Congress that met in New York to protest against the unjust and oppressive acts of England. This Con- gress was so vigorous in its declaration of American rights and so thoroughly animated by the spirit of coop- eration that it has been called the "day-star of American Union." We see how the idea of union was enlarging. In the confederation of 1643 four colonies joined; in the Albany convention seven were represented; in the Stamp Act Con- gress nine. In 1774, a Congress of delegates from twelve colonies met at Philadelphia, and after making a declara- tions of rights, recommended a cessation of trade with Eng- land, commended Massachusetts for opposing the oppressive acts of Parliament, and resolved that all the colonies ought to support her in her resistance. As the union grew larger the colonists grew more determined and aggressive. In 1775, a Continental Congress of delegates from all the colonies met in Philadelphia. The Congresses before 1775 had merely talked and peti- tioned and passed resolutions. The Continental Congress of 1775 began at once to act like a real government. It took FEDERAL GOVERNMENT 41 charge of those matters that were of general rather than of local concern. It assumed command of the army that had been put into the field; it took charge of foreign affairs, it issued a currency; it managed the post-office. The ques- tion of its right to do these things was not raised. It did the things it thought the people wished it to do. Thus in 1776 it thought the people of the colonies wished a separation from the mother country. To make sure that it was not wrong in this opinion, it adjourned in order that the dele- gates might go back to their homes and learn the exact state of public sentiment. Upon reassembling. Congress, con- vinced that the people were ready for a separation, on July 4, 1776, declared the colonies free and independent States, absolved from all allegiance to the British Crown. The Articles of Confederation. WTiile Congress was medi- tating independence it was also considering plans for bring- ing all the colonies under one regular, permanent govern- ment. Franklin, in 1775, submitted a plan of confederation, but it was not adopted. In 1776, John Dickinson reported a plan, which in 1777 was adopted as the "Articles of Con- federation." These articles were submitted to the States for their approval, and in March, 1781, having been ratified by all the States, they became the framework for a new government for the United States. The government established by the Articles was a con- federation. Its sole organ of authority was a legislature of one house, called a Congress, presided over by a president elected by members from their own number. A State could not send less than two delegates nor more than seven to the Congress ; but whatever the number of delegates, a State had but one vote, determined by a majority of its dele- gates present. Voting was, therefore, done by States, and it required the votes of nine States to carry any important measure. Any alterations in the Articles had to be agreed to by Congress and afterward confirmed by the legislatures of all the States, a provision that made amendment prac- 42 THE AMERICAN GOVERNMENT tically impossible. The most important powers committed to the new government were: (1) To determine questions of peace and war. (2) To enter into treaties and alliances. (3) To send and receive ambassadors. (4) To make rules governing captures on land and water. (5) To decide, upon appeal, disputes between two States concerning boundaries. (6) To determine the value of current coin. (7) To manage Indian affairs. (8) To establish and regulate post-ofSces. (9) To appoint naval officers and the higher grades of army officers. The States, while bestowing these powers upon the con- federated government, expressly denied the same powers to themselves, and pledged themselves to abide by the decisions of Congress in all matters submitted to it for determination. Congress could in no case bring its power to bear upon the individual citizen, nor had it any means at its command to compel the obedience of a State. By the terms of the Articles, each State was to retain its sovereignty, freedom and independence, and every power, jurisdiction and right. The Articles did not really create a new form of union. They simply described the central government as it was constituted and conducted by the Continental Congress at the time of their adoption. The powers granted to the new Congress were almost precisely those which the Continental Congress had been exercising since 1775, and these were chiefly powers relating to war and to foreign affairs. Be- fore 1781 Congress was guided by unwritten law, by custom, by public opinion and consideration for the public safety; after 1781 it was guided by a written constitution, the Articles of Confederation. The government provided by the Articles was fatally de- fective in organization, if it can be said to have had an organization at all. It had no executive branch and no judicial branch, and as a legislature it was bad, for it was FEDERAL GOVERNMENT 43 one of a single house. All the powers were united in one body. Such a government must either rule like a tyrant or it must collapse. As long as the war with England continued the Articles of Confederation rendered valuable service, but when peace came, and common danger no longer spurred the States to united action, it was soon seen that they were a rope of sand. It was seen that Congress ''could make and conclude treaties, but could not recommend the observance of them. It could appoint ambassadors, but could not defray the ex- penses of their tables. It could borrow money, but could not pay a dollar. It could coin money, but could not pur- chase an ounce of bullion. It could make war and deter- mine what troops were necessary, but could not raise a single soldier. In short, it could declare everything, but do nothing." It could not do what every useful government must be able to do : it could not secure obedience to its laws. It could not reach the individual, and it would have been folly to have attempted to enforce its laws against a State. As a result of its inherent weakness the Confederation soon fell into a deplorable condition. Solemn treaties were violated, debts were repudiated, worthless paper money was issued, State quarreled with State. Disregard for the laws of Congress was naturally followed by a contempt for the laws of the State. In several States courts were broken up by armed mobs, and rebellion threatened the very existence of government. Congress sank to such a condition of in- efficiency and feebleness that it lost the respect of the coun- try. On one occasion it was chased from its place of meet- ing by a handful of drunken soldiers clamoring for their pay. Things went rapidly from bad to worse, and it be- came plain as early as 1785 that the Confederation was on the verge of a collapse. QUESTIONS ON THE TEXT 1. Define alliance; confederation. 2. What is a federal union? In what respect does a federal union differ from a confederation? 44 THE AMERICAN GOVERNMENT 3. What difficult questions arise in the study of federal government? 4. Describe the New England Confederation. 5. What step toward union was taken in 1754? 6. What was the object of the Stamp Act Congress? 7. Describe the first Continental Congress. 8. What were some of the things done by the second Continental Congress? 9. Describe the Confederation of 1781. What were the most im- portant powers of the Confederation? 10. Point out the defects of the Confederation. 11. Give an account of the decline and fall of the Confederation. SUGGESTIVE QUESTIONS AND EXERCISES 1. What is the derivation of the word federal? 2. Name the great federal governments of the earth. 3. Make out a list of powers that should be granted to a federal government. 4. Give an account of the federal government in Ancient Greece. 5. Name some of the great alliances of the past. What great alli- ances exist at present? What is an entente? 6. What does the individual State lose by entering into a federal union? What does it gain? 7. Give an account of the services of Benjamin Franklin in the cause of American Union. 8. Prepare a five-minute paper on " The Dark Days of the Confedera- tion. " Consult Fiske's "Critical Period of American History." 9. Indicate the growth of federalism in America by reproducing the accompanying diagram. Topics for Special Worl\ — The Articles of Confederation: 5, 80-87. The Formation of the Union: 6, 69-72. Defects in the Articles of Confederation: 30, 39-44. 1789 CONSTI- TUTION 1781 AETICLES OF CONFEDERATION 1776 DECLARATION OF INDEPENDENCE SECOND CONTINENTAL CONGRESS. 1775 (Thirteen Colonies) FIRST CONTINENTAL CONGRESS 1774. (Twelve Colonies) 1765. STAMP ACT CONGRESS. (Nine Colonies) 1754. THE ALBANY CONVENTION. (Seven Colonies) 1643. THE NEW ENGLAND CONFEDERATION. (Four Colonies) VII THE DISTRIBUTION OF POWERS Efforts to Strengthen the Confederation. Thoughtful men viewed the approaching downfall of the Confederation with alarm. They saw that if the union of the States were dis- solved, and each State should assume complete and undis- puted sovereignty, the fruits of independence would be most bitter. With thirteen nations instead of one, the coun- try would be the easy prey of foreign invaders, sectional interests would jostle each other and bring State into con- flict with State, commerce between the States would be shackled, and all the social, moral, and intellectual advan- tages which flow from union would be lost. Before it was too late men like Washington and Hamilton and Franklin came forward with measures designed to strengthen the union. In 1785 commissioners from Mary- land and Virginia met at AVashington 's home at Mount Vernon to adjust some matters of interstate navigation. At this meeting Washington suggested that the two States ought to enter into an agreement as to the regulation of interstate commerce in all particulars. The discussion fol- lowing this suggestion showed that if there was to be any useful regulation of commerce between the States all the States must join. Accordingly all the States were invited to appoint commissioners to discuss the matter. In response to this invitation five of the thirteen States met at Annapolis in 1786. This representation was considered too small and the meeting adjourned without attempting anything. Be- 46 THE DISTRIBUTION OF POWERS 47 fore adjourning, however, it recommended that a convention of all the States be held at Philadelphia in May, 1787, "to take into consideration the situation of the United States, to devise such further provisions as shall appear necessary to render the constitution of the federal ^ government ade- quate to the exigencies of the times." Congress, seeing the drift of affairs, adopted the idea of holding a general con- vention, and resolved that it was expedient that in May, 1787, one be held at Philadelphia ' ' for the sole and express purpose of revising the Articles of Confederation." The Constitutional Convention of 1787. All the States responded to the call, excepting Rhode Island. The men sent to the Convention were the ablest and wisest in America. They represented conflicting interests, and dif- fered widely among themselves in their views of government, but they were capable of placing the public good above self- ish considerations. They had not proceeded far with their work before they saw that a mere revision of the Articles of Confederation would not bring relief to the country. If union was to be anything more than a name there must be a central government clothed with substantial power. Instead of continuing the Confederation, which was avow- edly a mere "league of friendship" in which the exercise of power depended upon the States, the men of the Conven- tion bravely decided to frame a Constitution for a real federal government, one which should have its three de- partments conducted by its own officials, and which should be independent of the State in the exercise of its powers. The proposed government was to reach the individual, make laws for him, take money out of his pocket for taxes, and judge and punish him if he violated its laws. The framework of the new government was agreed to after a most serious and thorough discussion, and was sub- ^ The Confederation was frequently called a federal government. In 1787 men had not yet learned to distinguish clearly between a federal and a confederated government. 48 THE AMERICAN GOVERNMENT mitted in September, 1787, to the people of the States as a "Constitution for the United States of America." If ratified by nine States (129) the new Constitution was to go into operation. Its adoption was opposed fiercely by those who did not believe in a strong central government, but its friends were stronger than its enemies, and by July, 1788, it had been ratified by eleven States, North Carolina and Rhode Island withholding their consent. In 1789 the new government was organized in New York with Washing- ton as President. The Constitution of 1787 is a distinct political creation. True, the framers drew upon the political experiences of the past, and true, they received hints from existing State gov- ernments, but we must remember that the task that lay before them was the building of a federal government, and in planning for a federal structure they were thrown on their own resources, for they had no adequate model from which to copy. The federal temple which they reared was an original political creation. To refuse to admit this be- cause they availed themselves of the political experiences of the past would be almost as unreasonable as it would be to refuse to call St. Peter's a creation because in planning for it Angelo availed himself of the architectural experience of the past. "When we consider the magnitude and the dif- ficulties of the task which lay before the statesmen of the Convention of 1787 — thirteen jealous, proud, and inde- pendent States to be brought under one strong federal power, warring interests of sections to be reconciled, a lawless and chaotic condition of afl^airs in the Union to be safely tided over, a turbulent and distrustful public opinion to be faced, problems connected with the government of unorganized communities in the west and southwest to be solved — when we consider the nature of this task, and contemplate the success which followed their efforts, we can understand Gladstone when he says that ''their work was the most wonderful ever struck off at a given time by the brain and purpose of man." THE DISTRIBUTION OF POWERS 49 How the Convention Distributed Power. If we wish to understand our political system we must gain clear notions respecting the manner in which the framers distributed power to the State and federal governments. Let us sup- pose that the men of the Constitutional Convention of 1787 had at their disposal all the powers of a sovereign state, all the powers that it is possible for a government to exer- cise, and that they divided these powers between the new federal government and the existing State government in such a manner as they thought best. With this supposition in mind let us see what disposal they made of the great reser- voir of governmental power which was at their command. And first let us learn what powers they gave exclusively to the federal government : I. Powers Exclusively Federal. When granting a power exclusively to the federal government it had to be plain to the minds of the framers (1) that the States would be will- ing to surrender the power; (2) that the federal govern- ment needed the power; (3) that the power when exercised would affect all the States alike. Applying these tests to each grant of power, the framers gave the federal govern- ment absolute control in the following matters: war, peace, treaties, alliances, ambassadors, postal affairs, the army and navy, foreign commerce, interstate commerce, naturaliza- tion, coinage of money, Indian affairs, bankruptcy, patents, copyrights, territories, letters of marque and reprisal. II. Concurrent Powers. If the proposed federal govern-, ment was to be strong and efficient it must be permitted to raise money by taxation and to borrow money; it must define the qualifications of those who were to vote for its officers and regulate the time and manner of holding the elections of its officers; it must have the support of the State militia in times of war. But it was not considered wise for the federal government to be given the exclusive power of collecting taxes and borrowing money and controlling its elections and militia. Hence it became necessaiy for the framers to grant certain powers to the federal government. 50 THE AMERICAN GOVERNMENT and at the same time reserve powers of the same kind for the State. Powers belonging to both governments are called concurrent. The concurrent powers established by the Con- vention relate to the following matters: taxation, public debt, citizenship, suffrage, elections, militia, eminent domain. III. Powers Prohibited to the Federal Oovernment. While the framers planned for a federal government which should be capable of achieving its rightful purposes, they at the same time took care that it should not be an instru- ment of oppression. To safeguard the interests of the States they formally prohibited certain powers to the federal gov- ernment. The powers which were denied to the federal gov- ernment in the Convention are stated in Article I, Section 9, of the Constitution (p. 403). Other prohibitions are found in the first eight articles of the Amendments which were adopted in 1791 to allay the fears of those who thought the new government might exceed its powers. These eight amendments are the bill of rights of the Constitution. They restrain the federal government, but they do not restrain the State. IV. Powers Prohibited to the State. The framers saw that certain limitations upon the power of the State would also be wholesome. Indeed in 1787 prohibitions upon the power of the State were more necessary than prohibitions upon the federal government, for the States were strong, and were disposed to disregard the authority of the central government. Accordingly, as a pledge of good faith on the part of the States a self-denying section (Article I, Section 10) was inserted in the Constitution. It should be noticed that there are three prohibitions upon both State and federal governments : neither a State nor the United States can grant any title of nobility (71, 73), or pass an ex post facto law,^ or any bill of attainder - (65, 73). ^ An ex post facto law makes an act criminal which was not so when done, or increases the severity of the punishment of a previous act. ^ A bill of attainder is a legislative act which inflicts punishment without judicial trial. THE DISTRIBUTION OF POWERS 51 These are things that no popular government ought to do, and in the United States they cannot possibly be done by any existing governmental agency. V. Powers Reserved to the State. After the framers had provided for the general powers of the federal govern- ment, and had made the needful prohibitions of power, we may think of them as having reserved to the States and to the people all the remaining powers of government. They did not formally make this reservation in the Convention, but it was understood that the powers not granted to the federal government or prohibited to the States remained to be exercised as the States or as the people of the United States might ordain. In order that there might be no mis- take on this point an amendment (144) adopted in 1791 declared that ' ' 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 nature and extent of the powers reserved to the State will be the subject of the following chapter. At present it is enough to say that the framers were able to invest the federal gov- ernment with supreme powers in reference to the great af- fairs of a nation and still leave the State supreme in most of the affairs which concern us in daily life. Implied and Resulting Powers of the Federal Government. The powers of the federal government are accurately defined and enumerated in the Constitution (Article I, Section 8). Among these powers is one giving Congress the right to make all laws which are necessary and proper (63) for the exe- cution of the enumerated powers. Under the authority of this right there have been exercised many implied powers, — powers which are not specifically mentioned in the Con- stitution, but which naturally arise from those which are specifically mentioned. For example, from the expressed power of regulating commerce (47) arise the implied powers of building lighthouses and improving harbors; from the expressed power of coining money (49) arises the implied 52 THE AMERICAN GOVERNMENT power of establishing mints. Hundreds of things done by the federal government are justified by^the doctrine of im- plied powers. The Constitution does not expressly grant to the federal government certain powers which the government of a sov- ereign nation ought to have. To meet this deficiency Alex- ander Hamilton brought forward his doctrine of resulting powers, — powers which result from the "whole mass of the power of government, and from the nature of political so- ciety rather than as a consequence of any especially enumer- ated power." According to Hamilton's views a new sov- ereign nation had been brought into being by the events of the Revolution and the adoption of the Constitution, and this nation, by the very fact of its existence, possessed all the powers a nation ought to have, whether all were mentioned in the Constitution or not. For example, he con- tended that if the United States should conquer a country, it would have sovereign jurisdiction in that country al- though the Constitution says nothing whatever about such jurisdiction. Hamilton was bitterly opposed by Jefferson and others who believed in holding the federal government strictly to the terms of the Constitution; but the doctrine of resulting powers carried the day, and Jefferson was des- tined to give to it its most distinguished application when he purchased Louisiana without authority specifically ex- pressed in the Constitution. Limitations of the Federal Government. It must not be understood that under the guise of implied and resulting powers the federal government can do anything and every- thing, for it is in a true sense a government of limited powers. Jefferson and Hamilton were both right. We are bound by the words of the Constitution, as Jefferson con- tended, but, as Hamilton contended, the words ''general welfare" (45), and the "elastic clause" (63), are broad enough to permit us to do anything which is consistent with the purposes for which the Constitution was adopted. THE DISTRIBUTION OF POWERS 53 Chief Justice Marshall, who did as much as any man to mold and direct the policy of the federal government, once said: "This government is acknowledged by all to be one of enumerated powers. The principle that it can exercise only the powers granted to it is now universally admitted. But the question respecting the extent of the powers actually granted is perpetually arising and will probably continue to arise as long as our system shall exist. . . . The powers of this government are limited, and its powers are not to be transcended. But the sound construction of the Constitution must allow to the national legislature that discretion with reference to the means by which the powers it confers are to be carried into execution which will enable that body to perform the high duties assigned to it in a manner most beneficial to the people. Let the end be legitimate, let it be within the scope of the Constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but are consistent with the letter and spirit of the Constitution, are constitu- tional. ' ' ^ How the Federal Constitution is Amended. Under the Articles of Confederation an amendment could be adopted only with the consent of all the States. Under the Consti- tution there are easier methods of amendment. The four processes by which the Constitution may be amended are: (1) and (2) Congress, by a two-thirds vote of both houses, may submit an amendment to the States for ratification (122) and if the amendment thus submitted is ratified by the legislatures of three-fourths of the States, or by Con- ventions in three-fourths of the States, it becomes a part of the Constitution; (3) and (4) a national Constitutional Convention, called by Congress upon the application of the legislatures of two-thirds of the States, may submit an amendment to the States for ratification and if the amend- ment thus submitted is ratified by the legislatures of three- fourths of the States, or by Conventions in three-fourths of the States, it becomes a part of the Constitution (123). Although it is much easier to amend the Constitution now than it was under the Articles, still experience has proved that it is very difficult in ordinary times to secure an amend- ^McCulloch vs. Maryland. 54 THE AMERICAN GOVERNMENT ment. The first eleven amendments came as the result of inordinate and intense State jealousy; the twelfth amend- ment came easily enough because it touched no great in- terest. The thirteenth, fourteenth, and fifteenth amend- ments were secured only after a terrible war; the last two amendments were adopted after many years' agitation. QUESTIONS ON THE TEXT 1. What efforts were made to strengthen the Confederation in its last days? 2. Give an account of the work of the Convention of 1787. 3. What tests did the framers apply to each grant of power given exclusively to the federal government? 4. What matters were placed entirely under the federal control? 5. What is a concurrent power? To what matters do the concurrent powers relate? 6. Enumerate the powers prohibited by the Constitution to the fed- eral government. 7. Enumerate the powers prohibited to the States. 8. What powers are prohibited to both governments? 9. What is the nature of the powers reserved to the State? 10. What is an implied power? What is a resulting power? 11. Explain why the federal government is one of limited powers. 12. In what four ways may the federal Constitution be amended? SUGGESTIVE QUESTIONS AND EXEKCISES 1. Prepare a large chart exhibiting the powers of government under our federal system. Suggestion: Let the outer circle of the figure^ represent all the powers of government, all the powers that were at the disposal of the framers. In circle A write the powers exclu- sively federal; in segment C the concurrent powers; in segment D the powers prohibited to the federal government; in segment E the powers denied to the State. Eeserve circle B for the powers of the State. 2. Discuss each of the powers granted ex- clusively to the federal government and give reasons for the grant. 3. Explain fully this sentence: "The United States is a represen- tative, constitutional, federal republic." Topics for Special WorTc. — Limitations of the Union: 6, 236-242. Federal and State Autonomy: 9, 122-134. ^ Suggested by C. S. Tiedemann in his " Unwritten Constitution. ' ' VIII THE STATE General Features of a State Government. Since each of the governments of the forty-eight States is framed according to the political notions and peculiar necessities of the people of a particular section, we must not expect to find the govern- ments of any two States precisely alike. If, therefore, we wish to get detailed information about the government of a State we must study the constitution of that State. There can be no general description of a State government that will yield such information. Nevertheless there are several political features that are common to all the States. Every State — (1) has a republican (democratic) form of government (120). (2) has a written constitution. (3) has the three great departments of government. (4) has a legislature consisting of two houses elected by the people. (5) has an executive called the governor elected by the people. (6) must conform strictly to the Constitution of the United States. (7) removes high officials by the process of impeachment. (8) supports a system of public schools. (9) recognizes the common law of England (Louisiana ex- cepted) . (10) provides for the amendment of its constitution. (11) provides for a system of local self-government. 55 56 THE AIMERICAN GOVERNMENT The Powers of the State. After independence had been de- clared and the colonies had been transformed into States, each State found itself the possessor of almost unlimited political power. No State, however, at any time actually exercised all the powers of government. For example, no State ever made a treaty with a foreign country. From the moment of their separation from England the States relied upon a central govermnent, the Continental Congress, to manage the affairs of war and peace and to establish for- eign relations. Nevertheless, this central government was never strong, and in its last days it can hardly be said to have possessed any power at all. The States, therefore, went into the Convention of 1787 as masters of the situation. We have learned what powers they granted to the new federal government, what powers they expressly denied to it, what powers they expressly denied to themselves, and we have seen that they reserved for themselves all the powers they did not part with in the Convention. Wliat were these reserved powers? This question cannot be fully answered. The powers of the federal government can be enumerated, but the powers of the State can be indicated only in general terms. The framers provided liberalh^ for the federal government, but they did not deprive the State of the privilege of managing its own affairs in its own way. The State government could still enter the home and pre- scribe the legal relations that were to exist between hus- band and wife, between parent and child, between master and servant ; it could still enter the domain of business with laws to regulate buying and selling, debt and credit, partner- ship and contracts, possession and alienation of property, wills and inheritances ; it could still control all its local gov- ernments, county and city and town, and almost all private corporations (p. 75) ; it could still maintain its own schools and its own system of police ; it could still administer justice in all ordinary cases and punish all ordinary crimes ; it could still determine the religious, civil and political rights of its THE STATE 57 citizens and prescribe the qualifications of voters and con- duct its elections. The powers reserved to the State included those which the State was free to exercise, and which it actually was exer- cising under the Constitution at the time of its adoption, and they also included those which the State in the future might have occasion to exercise. In 1787 there were no rail- roads, and consequently there was no such thing as a power in reference to a railroad, yet when railroads began to be built they fell under the authority of the State by reason of its reserved powers (143, 144). And so it has been with the powers relating to the telegraph and telephone, and scores of other things that had not been dreamed of in 1787. Tlie Conflict of Federal and State Authority. Under such a scheme of powers as has been ordained by the Constitu- tion it is to be expected that State authority will sometimes clash with federal authority. The federal government within the circle of its powers is supreme and irresistible, and the State within its circle is independent of any higher power. Where two governments exercise political power within the same territory over the same people, disputes are almost cer- tain to arise. Then again, the concurrent powers relating to taxation, elections and citizenship are sometimes a source of conflict. Moreover, there will sometimes be collisions be- tween the two governments when each is exercising a power that appears to be strictly its own. For example, if in the exercise of its police power (p. 390) a State should pass a law forbidding the running of trains from one point to an- other within the boundaries of the State on Sunday, it might appear to be acting strictly within the scope of its authority, yet such a law would almost certainly clash with the federal regulations for carrying the mails. What is to be done in such a case? Shall the engineer move on with the train and carry the mails, or shall the State law be obeyed? The framers of the Constitution provided a method of determin- ing all such questions. They established a Supreme Court 58 THE AMERICAN GOVERNMENT (105) wliicli has the power of deciding between the two governments in every possible case that may arise (110). The judges of the Supreme Court, as we shall see (p. 147), enjoy an almost complete independence, they are chosen from among the ablest lawyers in the land, and they are in every way equipped to discharge faithfully their high duty. That duty is to see that the Constitution which they swear to support (128) is obeyed, and that both governments work smoothly together. The two governments will work smoothly together so long as each keeps within the circle of its powers and does not encroach upon the other. It is the constant task of the Supreme Court, when rendering decisions upon cases brought before it, to keep each government within its proper sphere, and for more than a hundred and twenty- five years this tribunal has performed this delicate service with remarkable success. Interstate Relations. Politically speaking, one State is quite independent of another. A State may establish such a gov- ernment as seems to it best, providing that its constitution and laws are not contrary to the Constitution and laws of the United States, and providing that its government is re- publican in form. The republican form of government guaranteed to the State by the Constitution (120) is, broadly speaking, one in which the principle of representative de- mocracy is recognized. The federal government under this guarantee would not permit an aristocracy or an oligarchy or a monarchy to be established within a State. "When rival governments are set up within a State the federal govern- ment will decide which is the lawful government, and if necessary will assist in crushing the unlawful rival. Although the political isolation which exists between the States is quite complete, nevertheless a State cannot treat another State precisely as if it were a foreign country. Under the Constitution there are several important inter- state obligations: (1) If one State recognizes a certain law or' certain rec- THE STATE 59 ords, as of wills or deeds, as valid, all other States must recognize them as valid (115). If the authorities in Maine recognize a certain law of the State as being a good law the authorities of all the other States must recognize that law as being good in Maine, although the law need not be obeyed in the other States. (2) A State must accord to a citizen of another State who comes within its borders all the rights and privileges which it accords to its own citizens (116). For example, a citizen of Pennsylvania can go into Illinois and move about and transact business on the same terms with the citizens of the latter State. (3) "When a criminal flees from a State in which he has committed a crime into another State, the governor of the latter State is charged with the duty of assisting in the arrest of the criminal and in his return to the State in which the crime was committed (117). If, however, the governor of a State for any reason, good or bad, should re- fuse such assistance, there is no way to compel him to per- form his duty. The Constitution has here issued a mandate with no provisions for its enforcement. The surrender of fugitive criminals, therefore, seems to rest quite as much upon interstate comity and courtesy as upon constitutional necessity. In practice governors seldom fail to do their duty in arresting and returning fugitive criminals. Although a State is permitted under the Constitution to regulate its own affairs quite without regard to its sister States, yet, as a matter of fact, no State does this. Every State in framing its constitution and making its laws has been influenced consciously or unconsciously by the social and commercial conditions which have existed in neighbor- ing States. This interstate influence is making laws and customs throughout the United States more and more uni- form. Federal and State Eelations. We may now revert to a ques- tion heretofore asked (p. 39) but not answered: Where is 60 THE A:\IEmCAN GOVERNMENT the line which divides the authority of the federal govern- ment from the authority of the State ? The answer is found in the Constitution of the United States. If the Consti- tution be read aright the line which separates State from federal power can be traced as clearly by the mind as a visible physical line can be traced by the eye. On one side of this line are the powers relating to matters which concern the welfare of the whole body of the American people. These are the federal powers. If a State through presumption should cross the line and exercise any of these powers, it would not only trespass upon the authority of the federal government, but it would also impair the glory and great- ness of the Union. On the other side of the line are those powers which relate to matters of local and personal con- cern. These powers belong to the State. If the federal government should cross the line and exercise any of the State powers it would be a usurper and an enemy of local self-government and individual rights. Whether the State and federal relations established by the fathers will be maintained or not will depend upon the intelligence and political sagacity of the people. The American citizen should keep a watchful eye upon all his representatives and hold them all to a faithful observ- ance of the Constitution, not permitting them to rob either the federal government or the State of its rightful powers. We do not want the federal Union to become a consolidated state like France, where the powers of a central govern- ment extend to the smallest affairs of the smallest village. We are vastly too large to be governed as a unitary ^ state. ^ The Unitary and the Federal State. A useful distinction is some- times made between a unitary and a federal state. In a unitary state the local governments exist by virtue of the authority and grace of the central government. Great Britain, France and Italy are unitary states and in these countries the existence of a county or a province could be terminated at the will of the central government. For ex- ample, the English Parliament at any time could convert an English county into a park or a hunting ground or could otherwise blot out its existence as a political division. In a federal state, as in the United States or in Germany, the existence of a constituent division THE STATE 61 The government at Washington must not be empowered to issue orders to our governors and to the mayors of our cities as to how they shall conduct their affairs. If we do not preserve local self-government we shall hardly escape federal tyranny. On the other hand, States should not exceed their constitutional power and invade the rights of the federal government. We must not permit the Union to become the worthless fabric it was in the days of the Confederation. "The States and federal govern- ment, like the planets in their revolution around the sun, acting and acted upon, will move on in harmony and majesty only so long as a beautiful equilibrium between them is preserved ! ' ' The preservation of this ' ' beautiful equilibrium" is the most sublime and important task im- posed upon the American voter. QUESTIONS ON THE TEXT 1. What political features have the States in common? 2. Indicate in general terms the powers of the State. 3. What is the nature of the reserved powers of the State? 4. For what reason are there likely to be conflicts between State and federal authority? How are disputes between the State and the fed- eral government settled? 5. What is the nature of the "republican form of government" to which a State is entitled? 6. What interstate relations are established by the Constitution? 7. How may you distinguish State authority from federal authority? 8. Why is it important that existing State and federal relations be preserved? SUGGESTIVE QUESTIONS AND EXEECISES 1. On the chart suggested in the preceding chapter insert in circle B the most important State powers. 2. Prepare a ten-minute paper on "Our State." (Sketch briefly the history of your State; write of its size, its population, its industries, of the federation cannot be blotted out or terminated. For example, the government of the United States could not convert a State, even the smallest, into a park or a hunting ground or do anything that would destroy its political existence. A State of the United States, however, may be regarded as unitary in respect to its local govern- ments. A State, for example, could blot out the existence of a county. 62 THE AMERICAN GOVERNMENT its resources, its schools, its cities, its great men, and give reasons why you are proud of it.) 3. Show how neighboring States have influenced your State in refer- ence to (o) government, (ft) religion, (c) occupation, (d) education, (e) political parties. 4. Of the following matters name those which come within the au- thority of the federal government: (a) Punishment for robbing the mails; (b) regulation of the speed of trains; (c) the suppression of a riot; (d) punishment for robbing a store; (e) the construction of a sewer; (/) the building of a school-house; (g) the construction of a battle-ship; (h) the repairing of a road; (i) the defense of a coast; (j) the improvement of a harbor; (k) the granting of a pension to a soldier; (I) the borrowing of money for public purposes; (m) the annexation of territory; (n) the maintaining of a military academy; (o) the protection of the public health; (p) the organization of a company of militia; (q) the controlling of the movements of a flying- machine; (r) the protection of an author in his rights; (s) the regu- lation of the descent of property; (t) the construction of a canal from Cleveland, Ohio, to Columbus, Ohio ; the construction of a canal from Columbus, Ohio, to Chicago; (u) the regulation of the use of dyna- mite; (v) the regulation of wireless telegraphy; (w) the regulation of flying-machines. 5. What is meant by the "New Nationalism"? What power (or powers) now exercised by the State would you have transferred to the federal government? Is there any power now exercised by the federal government that ought to be transferred to the State? Topics for Special Work. — The Limitations of the State : 6, 243-247. The Eolation of States with One Another: 8, 131-155. Interstate Ee- lations: 9, 272-289. The Present Meaning of the Constitution: 30, 65-73. The Constitution and the New Federalism: 30, 76-82. The States and the Federal Government: 30, 89-92. IX THE EXPANSION OF THE FEDERAL UNION The Admission of New States. The federal government which went into operation in April, 1789, included within its authority eleven States — New Hampshire, :Massachusetts, Connecticut, New York, New Jersey, Pennsylvania, Dela- ware, Maryland, Virginia, South Carolina, and Georgia. In November, 1789, North Carolina, and in May, 1790, Rhode Island, ratified the Constitution and joined the Union. The federal union thus began its history with thirteen States. The Constitution provided for the growth of the Union by authorizing Congress to admit new States (118). The terms upon which a new State may be admitted are determined by Congress, but when a State is once within the Union it is the equal of its sister States. With the consent of Congress a State may be divided into two or more States, and two or more States may join to form a single State ; but no State once within the Union can withdraw from it. There is nothing said in the Constitution of the right of a State to secede, but since the Civil War the United States has been regarded as ''an indestructible Union composed of inde- structible States." The Admitted States East of the Mississippi. In giving an account of the growth of our Union it will be convenient to begin in the east and follow the course of expansion west- ward to the Pacific. The original boundaries of the United States, as they were determined upon by the treaty which acknowledged our independence, and as they existed in 63 64 THE AMERICAN GOVERNMENT 1789, were the Great Lakes and Canada on the north, the Atlantic on the east, the Gulf of Mexico on the south (ex- eluding Florida) and the Mississippi River on the west. The story of expansion in this region begins with the admission of Vermont, the first adopted daughter of the Union. Vermont had framed for herself a constitution dur- ing the Revolution, and had declared herself an independent State, but because she was claimed by New 1791 York she was not recognized as a State. In 1790, however. New York relinquished her claim, and in 1791 Vermont was admitted into the Union on the same footing with the original States. During the Revolution and throughout the period of the Confederation emigrants from the older States rapidly filled the rich and inviting territory west of the Appalachians, and at the time of the inauguration of the federal government there were two communities south of the Ohio River that deemed themselves worthy of the honor of statehood. These were Kentucky and Tennessee. Kentucky belonged to Vir- ginia, but her people wanted to be recognized as a separate State, and in 1789, the parent State consented to a separa- tion, which took place in 1792, when Kentucky ^T792^^ was admitted to the Union. Tennessee be- longed to North Carolina (a narrow strip on ^^179?^^ the south belonged to South Carolina), but, like Vermont, during the Revolution she longed for statehood and was not permitted to enjoy it. In 1790 she was ceded by North Carolina to the United States to be governed by Congress as a Territory (p. 184) until her population should entitle her to be admitted as a State. In 1796 she knocked at the door of the Union and was admitted. We now come to one of the most interesting phases of our national development. Into no quarter of the Western country did emigrants move more rapidly after independ- ence was acknowledged (1783) than into the fertile dis- tricts north of the Ohio River and west of Pennsylvania. THE EXPANSION OF THE FEDERAL UNION 65 The matter of governing this vast region, known as the Northwest Territory, and now forming the States of Ohio, Indiana, Illinois, Michigan, Wisconsin, and a part of Min- nesota, was taken up by the Congress of the Confederation, and one of the last acts of that body was to pass the Ordi- nance of 1787,^ a political document second in importance only to the Constitution itself. This law provided that not less than three nor more than five States should be formed out of the Northwest Territory ; that each State should have a republican form of government; that there should be no slavery; that religious liberty should be guaranteed; that education should be encouraged; that the Indians should be justly treated ; that when one of the political communities should have 60,000 inhabitants it should be admitted into the Union with all the rights of a State ; that until a com- munity should be large enough for statehood it should be governed (as a territory) in part by Congress and in part by the people, Congress appointing the governor and judges, and the people electing the legislature. This Ordinance enacted by the old Congress was reen- acted and faithfully carried out by the new government. In 1802, the community just west of Pennsylvania and north of the Ohio River, having been governed for fourteen years by Congress as a territory, sought to be admitted into the Union as the State of Ohio. Congress passed an act enabling the people to frame a constitution for themselves, and a con- vention met at Chillicothe to lay the foundation for a great State. What did the members of the convention have to guide them in their work ? The f ramers of the constitutions of the original States had their old charters as patterns, but the men of Ohio had no charter upon which to build. They could do nothing contrary to the Constitution of the United States, or to the Ordinance of 1787; aside from these in- struments they had to rely upon their own experience and knowledge for guidance. As former citizens of the older States, of Virginia, of New York, of Pennsylvania, they ^ See Appendix C. 66 THE AMERICAN GOVERNMENT naturally drew upon the constitutions of these States for suggestions; but their chief guides were the peculiar needs and sentiments of the people of the Ohio region. They drew up a constitution to suit the condi- 1803 tions which confronted them. Their work was submitted to Congress and was accepted, and Ohio was admitted as a State in 1803. The new State was prepared to be happy and contented in the Union, for it had just the government it wanted. The policy adopted in reference to Ohio was followed in reference to future applications for admission: a State was allowed to enter the Union with a constitution of its own making. The portion of the Northwest Territory left after Ohio was cut off was governed as the Indiana Territory until 1816, when the people within the boundaries of Indiana what is now Indiana, numbering 60,000 souls, ■'■^■'■^ were admitted into the Union as a State. The stream of emigration ran strong, and ^1818^^ two years after the admission of Indiana, Illinois was large enough for statehood and M" h'ean ^^'^^ admitted. What is now Michigan was 1837 governed as a territory from 1805 to 1837, when it was admitted as a State. In 1848 Wisconsin Wisconsin, the last of the five States pro- 1848 vided for by the Ordinance of 1787, was ad- mitted, leaving a slice of the Northwest Ter- ritory for ]\Iinnesota. The governments of all five of the States formed under the Ordinance developed under the in- fluence of men who were accustomed to the institutions of the northern States. While emigrants from the northern States were settling in the northwestern region and establishing governments and institutions according to northern ideas, emigrants from the southern States were pouring into the 1817^ great southwest with their southern no- tions of government. Mississippi, a region granted to the United States by South Carolina and Geor- THE EXPANSION OF THE FEDERAL UNION 67 gia, was rapidly settled, and in 1817 the western portion was admitted as the State of Mississippi. Two years later the eastern part was admitted as Alabama the State of Alabama. In the year in which Alabama was admitted the United States Florida purchased the Florida country from Spain i845 and governed it as a territory until 1845, when it was received into the Union. The governments of these three States developed strictly in accordance with southern ideas. Maine was a part of Massachusetts until 1819, when she was given permission by the government of the latter State to form a government of her j^ggQ own if her people desired to do so. The sen- timent was in favor of a separation, and in 1820 Maine was admitted as a State. As an outcome of a division in political sentiment during the Civil War the portion of Virginia west of the Alle- ghany Mountains was detached (118) from the parent State and brought into the Union as a separate State in 1863 under the name of West Vir- West Virginia ginia, thus making twenty-six States east of the Mississippi River. The Louisiana Purchase. The account of the expansion west of the Mississippi may begin with the purchase from France (1803) of the region known as Louisiana — a pur- chase by which the area of the Union was doubled. In the admission of the States formed out of the Purchase the federal government was still guided by the Ordinance of 1787, except that slavery was sometimes al- lowed. The first State carved out of the Louisiana Purchase was admitted under the name of Louisiana in 1812. The people of Louisiana Missouri were French in language, laws and institu- i82i tions, and their constitution was ^eatly in- fluenced by this fact. Missouri was admitted in 1821, and 68 THE AMERICAN GOVERNMENT Arkansas 1836 Iowa 1846 Minnesota 1858 Arkansas in 1836, These two States, being settled by pio- neers from the older southern States, estab- lished governments of the southern type, and introduced southern institutions. Iowa, the next State to be formed from the Purchase, was admitted in 1846. Minnesota, formed in part from the Northwest Territory and in part from the Purchase, entered the Union in 1858. Iowa and Minnesota were organized by settlers from the northern States, and their government, of course, reflected their origin. Kansas was the scene of a long and bitter struggle between northern and southern set- tlers as to the nature of the government that was to be established. Northern ideas pre- vailed, and Kansas was admitted in 1861. Nebraska, whose early political history is linked with that of Kansas, was admitted in 1867. Colorado, formed in part from the Purchase, in part from territory acquired from Mexico, was admitted in 1876 as the "Centennial State." Dakota was organized as a territory in 1861, but when the time for statehood arrived it w^as divided into two sections. The northern section came into the Union as North Dakota and the southern section as South Dakota. They were both admitted on the same day (November 2, 1889). Six days after the Dakotas were admitted, Montana, the greater part of which was formed from the Purchase (the smaller part from the Oregon country), was received into the Union. In 1868 a fragment of the great Purchase was combined with portions of the Mexican Ces- sion and the Oregon country to form the territory of Wyoming, and this was admitted as a State in 1890. Thus twelve large States have been formed out of the wild region purchased by Jefferson. Kansas 1861 Nebraska 1867 Colorado 1876 North Dakota 1889 South Dakota 1889 Montana 1889 Wyoming 1890 THE EXPANSION OF THE FEDERAL UNION 69 The Texas Annexation. In 1836 Texas tore itself away from Mexico and became an independent republic. It soon sought admission into the Union, and this was secured by a joint resolution of Congress ^g^^ in 1845. Texas entered the Union with the privilege of forming out of its territory four additional States if it cared to do so. By the admission of Texas an independent nation was incorporated into the Union. This step in expansion increased our territory by an area greater than the combined area of France and England. The Oregon Country. The region west of the Rocky Moun- tains, lying between parallels 42 and 49, known as the Ore- gon country, was for a time jointly occupied by England and the United States, but in 1846 England released her claim and the United States became the „ sole possessor. The country was organized i859 as the Oregon Territory in 1848, and in w h- t 1859 Oregon was set off as a State and ad- i889 mitted into the Union. In 1889 Washing- .,, ^ ton entered the Union, to be followed by i890 Idaho in the following year. The Mexican Cession. As a result of war, Mexico was com- pelled, in 1848, to cede to the United States about half a million square miles of her northern territory. Gold was at once discovered in the newly acquired region and thou- sands hastened to the scene. To meet the need for a civil government the people hurriedly framed a constitution in 1849, and in the following ^^^gso"^^ year the great State was admitted. Califor- nia differed from all the other States in the Nevada history of her admission. She had no pre- 1864 vious territorial government; she was not a part of another State. She sprang into ^^^J statehood at a bound. At the same time that California was admitted as a State Utah was erected into 70 THE AMERICAN GOVERNMENT a territory. Nevada was organized as a territory in 1861 and became a State in 1864. Utah was admitted in 1896. Oklahoma, formed out of a part of the Louisiana Purchase, was organized as a Territory in 1890 and after a remarkable growth in wealth and population was admitted in 1907. Arizona and New Mexico were admitted in 1912. The Spirit of Federal Expansion. The above sketch shows that growth is a characteristic feature of our Union. Quietly and steadily the United States has extended its boundaries until it has become one of the largest and most powerful nations of the world. When we regard the nature of our Union, its size, its strength, its texture, we may justly say that it is the greatest political achievement of man. Sev- eral causes have contributed to the success of this marvellous expansion. The economic advantage of being within the Union has been duly appreciated. A man in his effort to earn a living is not hemmed in under our system by the narrow boundaries of a State, but ha^ the whole country as a field for his energies. The forces of industry and com- merce have also contributed to strengthen the Union. Rail- ways, canals, the telegraph, the telephone, have all helped in our national growth. But the most powerful element of success in our career of expansion is to be found in our political conduct. The federal government has not gone forth as conqueror to bring States into the Union by force, and then ruled them with the heavy hand of power, but it has permitted States to enter when they were ready and willing, and has treated them with moderation and justice after they have entered. When a State has been admitted into the Union it has received all the benefits of the Consti- tution. Expansion, therefore, has always meant an extension of popular and constitutional government, and an increased enjoyment of civil liberty. THE EXPANSION OF THE FEDERAL UNION 71 QUESTIONS AND SUGGESTIONS 1. Bound your State and recite any interesting historical facts connected with its boundaries. Are the boundaries of your State natu- ral or artificial? 2. How did you State receive its name? its nickname'? 3. Has your State ever been a part of another State? Did it ever include another State? If it is one of the admitted States, how long was it a territory? 4. Describe the steps that are usually taken for the admission of a territory into the Union. (See the case of Ohio as stated in the text.) Could Congress admit a State which had a king for its executive (120) ? 5. Could California be divided into two States (118)? Under what conditions could two States unite to form one State? Give reasons for the constitutional provisions governing the division and union of States, 6. Do you find in the Constitution authority given to the national government to acquire territory? Have we failed to embrace any op- portunity of enlarging our boundaries? State the circumstances under which Louisiana was acquired. 7. Prepare an expansion map of the United States, marking off with colored lines the several purchases and cessions. 8. What three States were admitted into the Union without having passed through any territorial experience? 9. Explain this sentence : ' ' The history of the United States from the settlement of Jamestown to the present time has been the history of the colonization of the West." 10. Trace the great influence of the Ordinance of 1787 upon our po- litical history in reference to (a) slavery, (b) self-government, (c) education. 11. As a special exercise, let one of the pupils prepare a ten-minute paper on ' ' This Country of Ours ' ' giving an account of its boundaries, its area, its river and mountain systems, its population, its industries, its resources, etc. Consult the article ' ' United States ' ' in any good en- cyclopedia. Topics for Special Work. — The Admission of New States: 9, 263- 271. The Purchase of Louisiana: 5, 127-130; 273. New States: 6, 327-335. X LOCAL GOVERNMENT The Division of the Powers of the State. We have learned how governmental power is broadly divided between the federal government and the State. There is a further divi- sion to be studied. The State does not exercise directly- through the agency of State officers all the powers which belong to it, but shares its powers with inferior governments which it creates, and which it equips with proper officers. These lower governments are called local, because they trans- act the public business of a locality only. The local govern- ments which are found in all the States are counties and municipal corporations (villages, boroughs, towns, cities). In many States there is an additional local government known as the township or district — "town" it is usually called in New England. The powers granted to the local governments are not the same in all the States, yet it may be said that as a rule the local government does the following things: (1) It preserves the peace and good order of the locality. (2) It supports the public schools. (3) It cares for the public health. (4) It helps the poor and unfortunate. (5) It licenses trades and assesses and collects taxes. (6) It opens and repairs roads and paves streets and builds bridges. (7) It establishes and supports courts of lower grades. (8) It erects public buildings. It should be clearly understood that the local government 72 LOCAL GOVERNMENT 73 is in all things dependent upon the State. The relation of a city, for example, to the State is entirely different from the relation that exists between the State and the Union. The powers of the State are its own : the federal government cannot substract from them nor add to them. The powers of a city are not its own : the State gives them and the State can take them away. What the State creates it can govern according to its own will. The State can deprive local officers of their positions and administer the affairs of the locality, the county, or city, or whatever it may be, with officers of the State government. While it is true that the State has the power to send its officers into a locality and govern it without consulting its citizens, yet as a matter of fact the State does not use its power in this way. In practice the State allows the people of a community to elect their local officers and to conduct their local affairs largely according to their own notions. Any other policy would be contrary to the political instincts of the American people, and would excite the most bitter resentment. A denial of the right of local self-government would be an attack upon the principle of democracy. Where the people do not have their will in respect to their schools and roads and the other affairs of public concern, they do not enjoy fully the blessings of popular government. The Three Grades of Government. Thus everywhere in the United States there are three grades of government in opera- tion: (1) The federal government defends us against for- eign foes, attends to foreign affairs, delivers and collects the mails, regulates the currency and foreign and inter- state commerce, maintains federal courts to try cases that come under federal jurisdiction (p. 152), and collects the federal taxes. The federal government does these things in its own way with its own officers, and the people of the locality and of the State are not consulted. (2) The State government is responsible everywhere within its borders for the following things: for the protection of life, liberty, 74 THE AMERICAN GOVERNMENT property and reputation ; for the punishment of crime ; for the maintenance of justice; for the holding of elections; for the regulation of domestic and business relations; for the collection of State taxes; for the fulfillment of the con- stitutional guarantees contained in the bill of rights. The State is responsible for these things, and it does not sur- render its power in reference to them. It either attends to them through the agency of its own officers, or it com- pels the local government to attend to them. (3) The local government attends to the matters enumerated in the pre- ceding section. This gradation of authority gives us a decentralized gov- ernment. Instead of having one great irresistible central power, we have thousands of centers of power. The decen- tralization of government as to local affairs is a character- istic feature of American politics, and is an effectual safe- guard of liberty. Where the central government can extend its arm into remote localities and do what a local government ought to do, the people become the victim of an officialism which is as harmful as tyranny. The system of decentral- izing power as between the State and the federal govern- ment is firmly established, and there is little danger of federal interference in the purely internal affairs of a State. But the State also must remain decentralized in respect to local self-government. Any other policy would be incon- sistent with the spirit of our political system. The Relation of the State to Local Governments. One of the most important problems demanding the attention of the citizen refers to the relation that should exist between the State and the local governments. It is worth our while, therefore, td inquire carefully into this relation. There is not a word in the federal Constitution about local government. The locality receives all its powers from the State constitution and the State legislature. Counties and townships are organized and governed under general laws passed by the legislature. All the counties and townships LOCAL GOVERNMENT 75 within the State have substantially the same kind of gov- ernment and the same powers. The government of cities and boroughs and villages is accomplished through the agency of municipal corporations. A corporation is a group of individuals authorized by law to act in respect to certain specified matters as one individ- ual; or, it is a group of natural persons authorized to act as one artificial person. This artificial person known as a corporation lives forever, unless the power (the law) that created it chooses to destroy it or to limit the period of its existence; it has a name, and under this name it can sue and be sued in the courts like a natural person ; with certain restrictions it can acquire property and borrow money like an ordinary person; it can make such by-laws (local laws) as may be necessary to regulate its internal affairs, and these by-laws have all the force of law. Corporations are either private or public. A private corporation is one or- ganized for the private profit or pleasure of the individuals who secure the incorporation. Eailroads, banks, colleges, clubs, are examples of private corporations. Piohlic cor- porations are organized for political purposes, for the pro- motion of the public welfare. Counties and towns and townships are public corporations in so far as they are per- mitted to hold property and to sue and be sued. The most conspicuous example of a public corporation, however, is the municipal (municipium, town) corporation. Wherever there is a community with a compact population requiring special governmental powers, the State gives this conununity a name and boundaries, organizes its citizens into a munici- pal corporation, and grants to it the right of municipal or local self-government. The written instrument that specifies the rights and privi- leges of a corporation is its charter. The charter of a muni- cipal corporation names the municipality, describes its boundaries, and states in great detail how the local govern- ment is to be organized, and what powers it is to exercise. The strength and efficiency of the government of a munici- 76 THE AMERICAN GOVERNMENT pality are determined almost wholly by the provisions of its charter. In colonial times the first municipal charters were granted by the governor ; but long before the Revolution we find the legislature taking a part in the government of towns. After the Revolution the legislature took municipal government entirely into its own hands and granted, revoked or amended municipal charters at its will. A century of experiment fol- lowed, each State trying in its own way to solve the problem of governing the rapidly growing cities within its borders. A complete history of municipal government in the forty- eight States would fill a library. The net result, however, of a long and varied experience may be stated in a few words : The State legislatures remain in complete and undisputed control of cities, and they exercise their power freely. They do not hesitate to change or amend a municipal charter or to revoke one altogether; they will reserve to themselves or will give to the governor the appointment of officers whose duties are of a strictly municipal character ; they will raise the salaries of city officers without consulting the city au- thorities. They may even deprive a regularly elected mayor of his office and give it to another. The habit of State in- terference with local matters is at times so strong as to threaten seriously the highly prized principle of local self- government. In some States the constitutions are attempting to protect municipal rights by giving to the people of the city the privilege of framing their own charter, just as the people of a State frame their own constitution.^ Missouri, California, Minnesota, Washington, Oklahoma, Colorado, Michigan, Ore- gon, and Ohio are trying this plan. In these States the city stands in somewhat the same relation to the State as the State does to the Union. Locality, State and nation would each be supreme in respect to those things which concern itself. This is an attractive reform, but it suggests serious diffi- culties. Under our present system it is a long step down- ^See Appendix D. LOCAL GOVERNMENT 77 ward, politically, from the State to the city, immeasurably longer than from the nation down to the State. The State in the limited sphere of its action is supreme: it may edu- cate its youth ill, its laws may be unwise, its courts corrupt, and yet the federal government may not interfere. Shall we make the city as independent of the State as the State is of the federal government? We are told that the care of the streets, parks, sewerage, city lighting, water supply, the fire extinguishment system, and many details connected with sanitary and police administration, should be placed abso- lutely under the control of the city. But suppose the light- ing in the city is so wretchedly poor that criminals thrive in the darkness, or that the police department is inefficient, and that the peace and security of the city are threatened, shall the State not interfere? Shall it make such a surren- der of its rights as will prevent it from entering the city and lighting the streets properly and improving the police service? Such questions indicate how difficult it is to deter- mine precisely where State authority should end and local authority begin. It is perhaps impossible to draw a clearly visible line be- tween State and local control, but experience makes it plain that while the State should encourage the principle of munic- ipal ' ' home rule ' ' it should at the same time place necessary limitations upon the power of the city. Among these limita- tions are the folowing: 1. The State should not surrender entirely to the city its control over elections, especially over those elections at which State officers are chosen. 2. The State should not make to the city such a surrender of the power of taxation as to result in crippling the revenues of the State. 3. The borrowing power of the city should be carefully restricted. 4. The State should reserve for itself the police i)Ower, that is, the power to pass laws relative to the public health, the public safety, and the public morality. (See page 390.) 78 THE AMERICAN GOVERNMENT 5. The State should demand that the city maintain a cer- tain standard of public education. In general, the State should keep such a grasp upon all its parts — counties, townships and municipalities — as will pre- vent a part from operating against the welfare of the whole. QUESTIONS ON THE TEXT 1. How are the powers of the State divided? 2. Name the functions of the local government. 3. What is the policy of the State in reference to local government? 4. Give an account of the grades of American government. 5. What is a decentralized government? Why is a decentralized government favorable to liberty? 6. How are counties and townships governed? 7. What is a corporation? What are the attributes of a corpora- tion? What is a private corporation? What is a public corporation? 8. What is a municipal charter? 9. How does the legislature act in respect to the government of municipalities? 10. What difficulties lie in the way of municipal home rule? 11. Give five rules for the guidance of the State in its dealings with cities, SUGGESTIVE QUESTIONS AND EXEECISES 1. What are the provisions of the constitution of the State in ref- erence to local government? Can the legislature pass a special law for the government of a city? Have the cities of the State the right to frame their own charters? If not, ought they to have this right? 2. In what way could the present constitution of this State be amended so as to give cities better government than they now enjoy? 3. What is the difference between a charter and a constitution? 4. In a city which of the following services should be rendered by the State and which by the local government? — (a) the regulation of the sale of intoxicants; (6) the paving of the streets; (c) the regulating of the employment of children; (d) the granting of franchises (p. 267) to street railways; (e) the constructing of sewers; (/) the hold- ing of courts of justice; (g) the educating of children; (Tj.) the lighting of streets; (i) the keeping of the peace ; (j) the suppression of a riot; (fc) the regulation of the use of arms; (I) the construction of water- works; (m) the collecting of taxes; (n) the regulating of the hours of labor; (o) the operating of gas-works; (p) the inspecting of steam- boilers; (q) the inspecting of factories with the view of protecting the health of employees; (r) the maintaining of libraries; (s) the main- taining of parks; (t) the extinguishing of fires. Topics for Special TForfc.— State Control of Cities : 14, 85-109. Mu- nicipal Government in the United States: 2, 435-451. XI PARTY GOVERNMENT The Origin of Political Parties. There are always differ- ences of opinion as to how public affairs shall be managed. Shall the county have a new court-house? Shall the State compel parents to send their children to school? Shall the federal government assist the locality in the construction of roads? Such questions are bound to divide men into opposing groups. Now government acts through the agency of men as well as through the agency of laws, and if we want it to do a certain thing we must not only have the laws on our side, but we must also have the officers of gov- ernment on our side. This means that those who favor a certain measure of political action must first become the possessors of political power. They must win the support of public opinion, and they must get votes enough to elect officers who are favorable to the proposed measures or pol- icy. Out of the struggle for the possession of power the po- litical party emerges. Men holding the same political views organize and work together for the purpose of securing control of the government, and when they have secured control they govern as a political party. The Origin of Political Parties in the United States. The original division of voters into parties in the United States was brought about by the collision of two forces which are always opposing each other in a free country. One of these forces tends to bestow greater and greater power upon government. If certain phases of individual freedom result 79 80 THE AIMERICAN GOVERNMENT in some trifling inconvenience we are sure to find people | who will instantly advise that government administer a | remedy. When an affair of local government is badly man- f aged there are always people to suggest that that affair be ] placed under the control of a larger and more central gov- ernment. If the township does not manage its affairs well they would take its powers from it and give them to the i county ; if certain functions of the county are not faithfully I performed they would have them performed by the State; if the State is remiss in anything they would place that thing , under the control of the federal government. This tendency i to take power from the local and lodge it with the central government has been called the centripetal force in politics. In opposition to this centripetal, centralizing force are the people who, jealous of the powers of government, desire to limit them. These would lodge as little authority as pos- | sible with the central government and reserve as much as i possible for the locality. They would have no interference with the individual except such as is necessary for the peace and safety of society. This tendency to restrict the power of the central government and enlarge that of the locality and of the individual has been called the centrifugal or de- centralizing force in politics. The discussion of the political questions which arose when the Constitution was put into operation offered an excellent opportunity for the free play of the centralizing and de- centralizing forces. Those who believed in a strong central government advocated a liberal interpretation of the "elas- tic clause" (63), Foremost among these was Alexander Hamilton. That great man thought that Congress has a right to pass laws on any subject which relates to the gen- eral welfare and which requires the application of money. It is easy to see that under such an interpretation many things could be done by Congress which could not be done either under the enumerated or the implied powers of the Constitution. For example, under such a construction Con- gress would have the right to take charge of the public PARTY GOVERNMENT 81 schools. Those who held centripetal notions respecting gov- ernment rallied around Hamilton and formed the Federalist party, or the party of hroad or loose construction. The centrifugal tendencies of the time were reinforced by the genius of Thomas Jefferson. That statesman was jeal- ous of the power of the federal government. He was afraid the central authority would encroach upon the rights of the States and of individuals. In order to prevent this he ad- vocated a narrow or strict construction of the Constitution. He believed that the only proper subjects for the action of Congress were those enumerated in the Constitution. If a new power should be desirable he believed it should be se- cured by way of amendment and not by way of interpreta- tion. Those who held the same views with Jefferson joined with him and organized the Democratic-Repuhlican party, or the party of strict construction. Historical Sketch of Parties in the United States. The Fed- eralists controlled the federal government until Jefferson in 1800 led the Democratic-Republican party to victory. The Federalists did not long survive their defeat, and for twenty-five years after the election of Jefferson the Demo- cratic party — as it soon came to be caUed^^^had but little opposition. In the presidential election of 1820 it was vic- torious in every State. No political party is likely, how- ever, to remain for a long period of time in undisturbed pos- session of power. The operation of natural forces will pro- duce discord and disunion. About 1824 opposition began to show itself under the leadership of Henry Clay, who advo- cated a more liberal construction of the Constitution than was pleasing to the Democrats. In 1831 Clay was nominated for president by the newly organized National RepuMican or Whig party. The Whigs — as the adherents of the new party were usually called — demanded protection to Ameri- can industry (p. 329) and a system of internal improve- ments by the federal government, including the building of roads and the digging of canals. For twenty years the 82 THE AMERICAN GOVEENMENT "Wliigs disputed the ground wifh tlie Democrats and twice (in 1840 and 1848) they elected their candidates for Presi- dent. About 1850 the slavery question began to play havoc with both parties. By 1856 it had destroyed the "Whig party and had split the Democratic party in twain. In 1860 the Republican party — the one which bears that name at the present time — led by Abraham Lincoln, secured control of the federal government. The Republicans proposed that Congress should exclude slavery from the territories; the Democrats asserted that under the Constitution Congress had no power to regulate slavery. Here we find the Demo- crats as usual claiming a strict construction. The Civil "War removed the question of slavery from our politics (149), but after the war the Democrats and Republicans continued the struggle for power, and until the sudden advent of the Progressive party in 1912 they were the chief contestants. During the last forty years several minor political par- ties have asked for the votes of the people. In 1876 the Greenback party, which was opposed to redeeming with specie and then destroying the greenback money issued dur- ing the war, and which advocated the issue of more green- backs upon the faith of the government (p. 323), placed a presidential candidate in the field. The success of the green- backers was variable, and in 1892 it cooperated with the People's party. This party advocated the betterment of the condition of the common people by means of govern- ment ownership of railroads and by issues of money based on the faith of the government. In 1892 it nominated a candidate for President and secured 22 electoral votes. After this it declined in strength, its membership being gradually absorbed by other parties. The Prohibition party, which seeks to prevent the manufacture and sale of intoxi- cating liquors (p. 393), has had a national organization since 1872, and has named presidential candidates since that time. The Socialist party was organized with the view of promoting the cause of Socialism (p. 239). It regularly » PAHTY GOVERNMENT 83 conducts a campaign for the Presidency, polling in 1912 more than 900,000 votes. The Elasticity of Party Principles. The above sketch shows that throughout our political history the centralizing and decentralizing forces have always been at work. The line which divided the party of Hamilton from the party of Jef- ferson may be clearly traced throughout our history as a line of party cleavage. The Eepublican party and its off- shoot, the Progressive party, are descended from the Feder- alists, and are the parties of loose construction; the Demo- cratic party comes in unbroken succession from the Demo- cratic-Republican party, and is the party of strict con- struction. It must not be thought, however, that the Democratic party is always the enemy of loose construction or that its adversaries always oppose strict construction. Each of the great parties, as we shall see hereafter (p. 226), is a mighty organization, and the leaders of each are always striving for the supremacy. Victory depends upon votes, and in order to get votes a party will sometimes advocate measures which are not in strict accordance with its historic prin- ciples. This is the way of political parties once they have grown powerful. For the sake of control they will adapt their principles to the issues of the time. The Conserva- tive party in England in 1867 ignored its past and advocated an extension of suffrage, while the Liberal party turned right about face and opposed the extension of suffrage. It is a fortunate circumstance that the principles of a great political party are elastic. New political issues are always arising, and these issues must be settled by the action of a party, either by one of the old parties or by a new organization. To organize a third party and carry it to complete victory is a task that has not been accom- plished once in our history. We have had many third parties, but the history of them all is the same: "At the 84 THE AMERICAN GOVERNMENT beginning, a new issue, which neither of the old parties has the courage to face resolutely, leads a certain number of persons to separate themselves from the organization with which they have previously acted and to form a new party. The movement originates with the people and not with the politicians, and the candidates nominated by the new party are new men. As soon as the movement has developed enough strength to make the votes it can command an object of envy to the weaker of the old parties a period of co- quetry begins. At first there is trading for positions on a fusion ticket by two independent parties, then there is a gradual drawing together of the two parties with nearly identical platforms [principles] and a common ticket, and in the end a complete absorption of the third party by its more powerful ally. ' ' ^ "When the absorption of a new issue by an old party results in success, as it frequently has resulted, the people attain their object much more quickly than they would by the tedious process of building a new party. Political Parties and the Individual. Political parties are voluntary associations formed outside of the pale of gov- ernment. They are not recognized as agencies of govern- ment, and until quite recently they have had no legal ex- istence whatever. Nevertheless ours is a government by party : no important policy of government, whether federal. State, or local, can be adopted without the sanction of a party, and no one can be elected to an important ofiice who has not first received the endorsement of a party. Thus far no one has been able to show how popular government on a large scale can be conducted without the aid of parties. Since we must have parties and must accomplish our po- litical purposes through them, the relation of the individ- ual to his party presents itself as a serious problem of citizenship. For reasons known to himself a man has been acting with a certain party: under what circumstances » Stanwood, ' ' History of the Tariff, ' ' Vol. II, p. 361. PARTY GOVERNMENT 85 may he as a good citizen leave his party? His entrance into the party was a matter of choice, and he is as free to withdraw from it as he was to enter it. He is under no legal obligations to remain in his party, but is he not under a moral obligation to withdraw from it when his judgment and his conscience tell him that its course is wrong and that the course of another party is right? When party loyalty leads a man into voting for dangerous measures and dishonest candidates he is not a free citizen, but is the victim of a despotism. Party loyalty is a good thing, but loyalty to the interests of one's country is an infinitely better thing; and when a man is convinced that his party is pursuing an unpatriotic course he should break away from it, despite the cracking of the party lash. QUESTIONS ON THE TEXT 1. What is the origin of political parties? 2. Describe the centrifugal and centripetal forces of politics. 3. What were the political views of Alexander Hamilton? of Thomas Jefferson? 4. Sketch the history of parties in the United States. 5. Name the minor political parties and state the principles held by each. 6. How are new issues absorbed by the great parties? 7. In what relation do the parties stand to government? 8. In what relation does the individual stand to his party? When should this relation be severed? SUGGESTIVE QUESTIONS AND EXEKCISES 1. State whether a Democrat who was guided solely by the traditions and principles of his party would favor or oppose: (a) the control of railroads by the federal government; (&) the issue of money by State banks; (c) the management of elections by the federal government; (d) the control of telegraph lines by the State government; (e) the planting of colonies by the federal government; (/) the support of the public schools by the federal government; (g) the ownership of mines by the State government; (/i) the control of cities by the federal gov- ernment; (i) the cooperation of the federal government with local gov- ernment in road-building. 2. What influences besides party principles lead one to vote for this or that party? 86 THE AMERICAN GOVERNMENT 3. Give reasons why it is best that the party in power should have opposition even though its principles are right. 4. Compare the last National Democratic platform with the last National Eepublican platform, and point out the chief difference in the principles of the two parties. How do the principles of the Pro- gressive party differ from those of the other great parties? 5. How many people voted for the Democratic party in the last presidential election? How many for the Republican party? If the Eepublican vote for that year should be represented by a line one yard in length, how long would be the line which should represent the Demo- cratic vote? How long the line representing the Prohibition vote? the Socialist vote? the Progressive vote? 6. Name a few of the great politicians who have figured in the his- tory of this country. Who are the great politicians of the present time? 7. What is a statesman? a partizan? a trimmer? a mugwump? an independent? a henchman? 8. Distinguish between a "boss" and a leader. 9. Define faction, cabal, junto, "ring," clique. 10. Under what circumstances is a man justified in deserting his party? Topics for Special H^orfc.— False Leaders: 1, 301-312. Party Loy- alty: 12, 265-269. Political Parties and Their History: 2, 45-5-464. i XII CIVIL LIBERTY Civil Liberty Defined. We have now described the several devices by which our political system is operated, and have described the nature of the power which has been assigned to each of the three grades of government. For what pur- pose have these ingenious devices been invented ? Why have these nice adjustments of power been made ? In order that we may be secure in our civil liberty. And what is civil liberty? It is the liberty which a man enjoys in civil so- ciety; it is liberty under law. The desire for freedom is implanted in every human breast. History is largely an account of man's struggle for freedom, and the greatest lesson which history has for us teaches that man ought to be free. But there must be limits to his freedom. AVhere there is government there must be restraints upon the will and upon the desires. The only liberty that is possible in society is civil liberty, which has been defined as natural liberty so far restrained (and so far only) as is necessary and expedient for public good. The restraints regarded as necessary and expedient for the public good are not the same in all countries. Civil liberty, therefore, is not every- where the same : in Germany it is one thing ; in France it is another thing; and in the United States it is still an- other thing. The Growth of American Civil Liberty. The rights of our citizenship seem to come to us, like the air and the sunshine, as a matter of course, but it seemed otherwise to those an- 87 88 THE AMERICAN GOVERNMENT eestors of ours who secured these rights. To them civil liberty came as the result of hard-fought battles. When we read the bill of rights in one of our constitutions, where our liberties are itemized, our hearts would throb with grati- tude did we know the suffering and the sacrifice which each item has cost. The history of American liberty cannot be given here in full, but we must find room for its outlines : I. The Great Charter. The story of our civil liberty may conveniently begin with an account of the Great Charter. King John of England had been acting in a tyrannical and unpatriotic way, and the leading men of England, in order to protect themselves from his cruelty and oppression, met (1215 a.d.) at Runnymede, near Lon- don, and declared the rights of Englishmen in a formal document which they compelled the king to sign. This document was the famous Magna Carta. ' ' One copy of it, ' ' says Green, "still remains in the British Museum, injured by age and fire, but with the royal seal still hanging from the brown shrivelled parchment. It is impossible to gaze without reverence on the earliest monument of English free- dom, which we can see with our own eyes and touch with our hands, the Great Charter, to which, from age to age, patriots have looked back as the basis of English liberty." Since the Great Charter is the basis of English liberty, it is the basis also of American liberty. It consists of a preamble and sixty-three clauses. The clauses of lasting interest are the following: 1. "Common Pleas shall not follow the king's court, but shall be held in some certain place." (John had been drag- ging suits for justice about from post to pillar, causing them great inconvenience and expense.) 2. "A freeman shall be fined for a small offense after the manner of the offense ; for a great crime after the hein- ousness of it." (Making the punishment suit the crime.) 3. "No scutage (land tax) or aid (contribution) shall be imposed except by the common council of the nation." (No taxation without representation.) CIVIL LIBERTY 89 4. "No freeman shall be taken or imprisoned or disseized, or outlawed, or exiled, or in any way destroyed; nor will we go upon him, nor will we send upon him, unless by the lawful judgment of his peers, or by the law of the land." (Due process of law and trial by jury.) 5. "To none will we sell, to none will we deny or delay right or justice." (Habeas corpus.) 6. ' ' The city of London shall have all its ancient liberties and free customs, and so of all other cities, boroughs, towns and ports." (Local self-government.) Swift and impartial justice, punishment according to the offense committed, taxation according to the wishes of rep- resentatives of the people, trial by jury, habeas corpus, local self-government — these are the grand features of the Great Charter. "To have produced it, to have matured it, to have preserved it, constitute the immortal claim of England upon the esteem of mankind. Her Bacons and Shakespeares, her Miltons and Newtons, with all the truth which they have inspired, are of inferior value when com- pared with the subjection of men and of their rulers to the principles of justice, if indeed it be not more true that these mighty spirits could not have been formed except under equal laws, nor roused to full activity without the influence of that spirit which the Great Charter breathed over our forefathers. ' ' ^ II. The Petition of Bight. It is easy to declare human rights, but it is difficult to defend and preserve them. John 's successors confirmed the Great Charter whenever they were compelled to do so, but they violated its provisions when- ever they dared. During the fifteenth and sixteenth cen- turies the aggressions of royalty threatened to make Magna Carta a dead letter ; but in the seventeenth century the spirit of English liberty revived. When the Stuarts began to trample under foot the most precious rights of Englishmen the people revolted, A long and bloody conflict followed. One king lost his life, another his crown, and thousands ^Mackintosh, "History of England," Vol. I, 222. 90 THE AMERICAN GOVERNMENT of citizens fell in civil strife. Out of the contest there were evolved two liberty documents of the highest importance. The first of these is the Petition of Bight which Parlia- ment sent to Charles I in 1628 and compelled him to sign. This famous constitutional law — for it, like the Great Char- ter, must be regarded as part of England's constitution — recites the rights of the people, and protests against the wanton infringements which were being made by the king. Among the misdeeds of the king were the quartering of troops in the homes of private citizens. The petition prays : "That your majesty will be pleased to remove said soldiers and mariners, and that your people may not be so burdened in time to come." Another complaint refers to the practice of putting citizens to death after a trial conducted by the soldiery. The petition prays : " That commissions by martial law be revoked and annulled." The Petition of Right, therefore, declared anew formally the ancient rights of Eng- lishmen, and also enriched their civil liberty in two par- ticulars : first, it forbade the quartering of troops upon pri- vate citizens; and, second, it put an end to the trial of private citizens by military courts. III. The Bill of Bights. No sooner had the Cromwellian power been overthrown and the old monarchy restored under Charles II, than the perversity of the Stuart house renewed itself. James II attempted to establish a permanent despot- ism, but he was driven from his throne before his purpose was accomplished. When his successor, "William III, was invited to be king, Parliament, as an act of precaution, declared (1689) the conditions upon which the crown was to be held. This declaration, known as the Bill of Bights, was the second liberty document produced by the conflict between the Stuarts and the people, a document which has been called "the third great charter of English liberty, and the coping-stone of the constitutional building." The most important of its declarations are the following: (1) That laws shall not be suspended or repealed, and that taxes shall not be levied without consent of Parliament. CIVIL LIBERTY 91 (2) That the right of petition shall not be denied. (3) That a standing army shall not be kept in time of peace. (4) That subjects shall not be deprived of the right of carrying arms. (5) That freedom of speech and debate in Parliament shall not be impeached or questioned in any place out of Parliament. (6) That excessive bail ought not to be required, nor ex- cessive fines imposed, nor cruel and unusual punishments inflicted. (7) That Parliament ought to assemble frequently. IV. The Declaration of Independence. The rights won in England accrued of course to the English colonists in America. When the time for independence arrived the Americans had several important items to add to the list of human rights. These they announced in the Declaration of Independence. They declared : (1) That all men are equal. (2) That governments derive their just powers from the consent of the governed. (3) That for good reasons the people may abolish the old form of government and institute a new form. In these three propositions are wrapped up the whole doctrine of democracy. In them we see equality before the law, universal suffrage, democratic government and consti- tutional conventions. "When we consider the world-wide influence of these three declarations we must regard them as the greatest enlargement of civil liberty recorded in the history of politics. V. State Constitutions. When the people of the revolting colonies Avere ready to begin government on their own ac- count, the Great Charter, the Petition of Right, the Bill of Rights and the Declaration of Independence served as texts for a new and complete declaration of American civil liberty. This declaration was made in the State constitution 92 THE AMERICAN GOVERNMENT of the newly formed States. If you will examine the bill of rights in any State constitution — the newer States have fashioned their constitutions after those of the older States — you will find that it declares the rights affirmed in the three great English liberty documents and in the Declara- tion of Independence. If it does more than this it simply adds several additional rights which have been evolved from American experience. VI. The Federal Constitution. We have seen that the first ten amendments were hurriedly added to the Constitu- tion as a check upon the power of the federal government. The first eight of these amendments bear a strong resem- blance to the bill of rights of a State constitution, and are regarded as the bill of rights of the federal Constitution. It ought to be clearly understood, however, that the rights declared in these amendments do not belong to the American citizen unless they are also declared in the constitution of the State in which the citizen lives. The federal government cannot deprive a citizen of any of these rights, but the State can. For example. Congress cannot abridge the free- dom of speech, but a State legislature can do so if the State constitution does not forbid. The federal government cannot guarantee the rights which the Constitution forbids it to infringe. It is to the State constitution we must look for most of the positive guarantees of our civil liberty. Constitutional Liberty and its Preservation. Thus it is seen that civil liberty in America means constitutional lib- erty. In the constitutions we find set down in black and white precisely the rights we are to enjoy. The constitutions, however, do not create civil liberty. Liberty is not an ar- tificial creation of a convention. It is a divine gift bestowed only upon those who make themselves worthy of it by being true to the nobler impulses and longings of their nature. All the constitution can do is to give liberty a voice. It states in plain words the rights which the people claim. When rulers are tempted to act tyrannically the solemn CIVIL LIBERTY 93 prohibtions of the constitution bid them pause; when the majority is tempted to ignore the rights of the minority or of the individual, the words of the constitution stare it in the face. If people or rulers violate the bill of rights, then the constitution is a mockery and civil liberty does not exist. Constitutions do not create rights, nor do they preserve them. We have seen that American civil liberty is the fruitage of many centuries of costly and patriotic endeavor. As it has been acquired, so will it be maintained. The pres- ervation of human rights will always depend upon the watchfulness and zeal of those who love freedom. If we do not love freedom well enough to fight for it, if we prefer the quietude of despotism to the boisterousness of liberty, we may be sure that the lovers of power will sooner or later fasten a despotism upon us. "We ought, therefore, to culti- vate the habit of keeping our eyes upon our constitutions, and protesting whenever a right is denied, and we ought not to rest content until the right is regarded and the vio- lator of the constitution punished. More than this : If the people under their constitutions are not enjoying a full measure of civil liberty they should be quick to use the power of amendment for securing additional rights. For constitutions ought to respond to social needs and aspira- tions, ''Some men," says Thomas Jefferson, "look at con- stitutions with sanctimonious reverence, and deem them like the ark of the covenant, too sacred to be touched. But I know that laws and institutions must go hand in hand with the progress of the human mind. As that becomes more de- veloped, more enlightened, as new discoveries are made, new truths disclosed, and manners and opinions change with the change of circumstances, institutions must advance also and keep pace with them." QUESTIONS ON THE TEXT 1. Define civil liberty. 2. What is the Great Charter? What are its important provisions? 94 THE AMERICAN GOVERNMENT 3. What is the Petition of Eight? Name its most important pro- visions. 4. What is the Bill of Eights? Name its most important declara- tions. 5. What great principles of democracy are declared in the Declara- tion of Independence? 6. Of what is the bill of rights in the State constitution composed? 7. What is the origin of the bill of rights of the federal Constitution? How does this differ from the bill of rights of a State constitution? 8. Explain the statement that civil liberty is constitutional liberty. 9. How may constitutional liberty be preserved and enlarged? SUGGESTIVE QUESTIONS AND EXEECISES 1. Prepare a bill of rights for a State constitution, using Magna Carta, the Petition of Eight, the Bill of Eights, and the Declaration of Independence as a basis, and after it is prepared compare it with the bill of rights of your State constitution, and with the first eight amendments of the federal Constitution. 2. Bring into the class for inspection a facsimile of Magna Carta. 3. Prepare a five-minute paper on "The Eeign of John." Green's "Short History," pp. 147-156. 4. Prepare a five-minute paper on "Charles First and the Petition of Eight." Green, pp. 485-495. 5. In what respects are men equal? 6. What great names are connected with the cause of American lib- erty? Topics for Special Worh. — The Principles of the Fathers: 3, 1-45. Liberty, Equality, Fraternity: 4, 78-87. XIII CIVIL EIGHTS AND DUTIES Civil Rights and Political Rights. The rights flowing from American civil liberty may be divided into two classes, civil rights and political rights. Civil rights are those which a person enjoys as a private citizen, as an individual. They are enjoyed under the authority and sanction of gov- ernment, but they are not related to the subject of govern- ment. Political rights are those which belong to a citizen regarded as a participator in the affairs of government: they may be called the public rights of citizenship. Citi- zenship does not necessarily carry with it the whole body of civil liberty. Minors and incapables do not have all the civil rights, and the political rights belong to only about one fifth of the total number of citizens. Who are Citizens. Who are American citizens? This ques- tion was left in doubt by the Constitution until the adop- tion of the fourteenth amendment in 1868. That amend- ment declares (150) that "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." Under this definition the following have been adjudged to be citizens of the United States : (1) All persons born in the United States excepting the children of diplomatic agents and of hostile aliens. (2) Children born in foreign countries whose parents at the time of their birth were citizens of the United States. 95 96 THE AMERICAN GOVERNMENT (3) Women of foreign birth married to citizens of the United States. (4) Indians who pay taxes and no longer live in tribal relations. (5) Naturalized persons. Persons who do not belong to any of the above classes are aliens (alienus, a foreigner). There are already seven millions of aliens living in our midst, and thousands of for- eigners enter the United States every week. Aliens may become citizens by complying with the regulations pre- scribed by Congress (48) for naturalization, the process by which foreigners lose citizenship in one country and ac- quire it in another. The process of naturalization is as follows: (1) At least two years before he can be admitted as a citizen the alien must appear before a State or a federal court and take an oath that it is his intention to become a citizen of the United States and ' ' to renounce forever all alle- giance and fidelity to any foreign prince or state and particularly to the one of which he may at the time be a citizen or subject." He must also swear to support the Constitution of the United States. (2) Not less than two years nor more than seven years after this declaration of his intentions the alien may apply to a federal or State court for full admission as a citizen. If the judge of the court is satisfied that the alien is able to speak the English language and write his own name, that he has resided in the United States for five years, and that he is a person of good moral character, fuU citizenship will be conferred. A person thus naturalized has the same rights as native born citizens of the United States except that he cannot become the President or Vice-President of the United States. The children of naturalized persons are considered as citizens if they were under twenty-one years of age and were dwelling in the United States at the time of the naturalization of their parents. Alien Chinese and Japan- ese are not entitled to be naturalized. Persons professing the doctrines of anarchy and openly opposing all form of organized government are also refused the gift of naturalization. The Civil Rights of State Citizenship. The rights of Amer- ican citizenship flow from two sources, from the State and from the nation. Since each State in a large measure de- CIVIL RIGHTS AND DUTIES 97 termines for itself the character of the civil liberty that is to be enjoyed within its borders, the rights of an American citizen are not everywhere the same. As we travel through the States our rights change every time we pass from one State into another. When the citizen of one State enters another State he has the rights of the citizens of that State (116), and those rights only. There are, however, certain civil rights which are enjoyed in every State in the Union and which may be called the civil rights of State citizenship. These are the rights guaranteed in the State constitutions. In the constitution of almost every State it is declared: (1) That all men have the right of enjoying and de- fending life and liberty, of acquiring, possessing and pro- tecting property and reputation, and of pursuing their own happiness : (2) That men have a right to worship God according to the dictates of their own conscience, and that no prefer- ence by law should be given to any religion, and that no person should be disqualified for office on account of his religious belief: (3) That trial by jury is a right inviolate: (4) That the printing-press shall be free, and that every citizen may freely print, write and speak on any subject, being responsible for the abuse of this privilege: (5) That people shall be secure in their persons, houses, papers and possessions against unreasonable searches and seizures, and that no warrant to search any place or seize any person shall issue without probable cause: (6) That in all criminal prosecutions the accused has a right to be heard by himself and his counsel, to meet wit- nesses face to face, to compel witnesses who are in favor to come to court and testify, and to a speedy trial by an impartial jury: (7) That no person can be compelled to give evidence against himself, nor be deprived of his life, liberty or prop- erty unless by the law of the land : 98 THE AMERICAN GOVERNMENT (8) That no person for the same offense shall be twice put in jeopardy of life and limb: (9) That all courts shall be open and that every man shall have justice without sale, denial or delay: (10) That excessive bail shall not be required, nor ex- cessive fines be imposed, nor cruel punishment inflicted: (11) That all prisoners shall be bailable by sufficient sureties, unless for capital offenses: (12) That the writ of habeas corpus^ shall not be sus- pended unless in time of rebellion or invasion : (13) That there shall be no imprisonment for debt, un- less in cases of fraud: (14) That citizens have a right to assemble in a peace- able manner and to apply to the rulers for a redress of grievances : (15) That the military shall at all times be kept in strict subordination to the civil power: (16) That no soldier in time of peace be quartered in any house without the consent of the owner. The Civil Rights of Federal Citizenship. The first section of the fourteenth amendment to the Constitution (150) creates a distinct federal citizenship, and provides that no State shall abridge the privileges of that citizenship. What are the privileges which a citizen of the United States enjoys and which no State can abridge? This is a ques- tion which has been constantly asked in the federal Su- preme Court since the adoption of the fourteenth amend- ment. The court will not undertake to enumerate all the rights arising under the amendment, but it has been de- claring them from time to time as cases have been brought ^Whenever a man is placed in confinement against his will and the fact is made known to a judge of a court, the judge, unless he knows the confinement is legal, is bound, upon application, to issue immediately a writ, called habeas corpus, commanding the prisoner to be brought before him for examination. If there seems to be cause for the deten- tion of the prisoner he is sent back to prison to await a full trial; if there seems to be no cause he is set free. CIVIL EIGHTS AND DUTIES 99 before it. Human rights are acquired slowly, and it may be many years before we shall know the full effect of the fourteenth amendment. At present it is possible to enu- merate the following as the rights of federal citizenship, — rights which flow from the Constitution, which belong to every citizen of the United States, and which cannot be denied by State authority: I. Due Process of Law. No person in the United States shall be deprived of life, liberty or property without due process of law. Here is a right which no State can abridge (151) and which the federal government itself cannot deny (152). A person seeking justice, whether in civil or crim- inal cases, under his right of due process may demand (1) that there be a court of law for the trial of his case; (2) that the proceedings of the trial be regular; (3) that the trial be fair. What the regular course of procedure in a State court shall be is a matter for the State itself to determine; but after the State has once decided upon the course that justice shall take, after it has once established the process of law, it cannot deprive any person of the benefits that arise from those processes. What due process in the federal courts is may be learned in the fifth, sixth, seventh and eighth amendments of the Constitution. II. Equal Protection of the Laws. ' ' Every person within the jurisdiction of any State, whether he be rich or poor, humble or haughty, citizen or alien, is assured of the pro- tection of equal laws (152) — applicable to all alike and impartially administered without favor or discrimination." ( Guthrie. ) III. Protection on the High Seas and in Foreign Coun- tries. A citizen of the United States, in whatever part of the world he may be, is entitled to protection against in- justice or injury, and this protection is a right of federal citizenship, and is extended by the federal government. IV. State Citizenship. Every citizen of the United States has a right to become a citizen of a State by a hona fide residence therein. 100 THE AMERICAN GOVERNMENT The above rights have been declared by the federal Supreme Court to belong to every person who is a citizen of the United States. Add to these rights of federal citizen- ship the rights enumerated as belonging to State citizenship and you have a list of the most important civil rights of the American citizen. The Duties of Citizenship. The duties of citizenship are always equal to its rights. If I can hold a man to his con- tracts, I ought (Z owe it) to pay my own debts; if I may worship as I please, I ought to refrain from persecuting another on account of his religion; if my own property is held sacred, I ought to regard the property of another man as sacred; if the government deals fairly with me and does not oppress me, I ought to deal fairly with it and refuse to cheat it; if I am allowed freedom of speech, I ought not to abuse the privilege; if I have a right to be tried by a jury, I ought to respond when I am sum- moned to serve as a juror; if I have a right to my good name and reputation, I ought not to slander my neighbor; if government shields me from injury, I ought to be ready to take up arms in its defense. Civil rights are inseparable from civil duties; the con- tinued and full enjoyment of the former depends upon the fulfillment of the latter. Since duty is largely a mat- ter of morals, good citizenship also would seem to be a question of morals. In the last analysis this is true. After all is said, good citizenship is reached only by the rough path of duty, and men will tread this path not because a legislature commands them, but because conscience leads them on. QUESTIONS ON THE TEXT 1. What is meant by civil rights? political rights? 2. What classes of people are citizens of the United States? 3. Describe the process of naturalization. 4. Explain how the rights of citizenship may differ in the different States. CIVIL RIGHTS AND DUTIES 101 5. Enumerate the civil rights guaranteed by the State. 6. What effect did the adoption of the fourteenth amendment have upon the character of citizenship in the United States? 7. Enumerate and describe the rights that grow out of federal citi- zenship. 8. What is the relation of civic right to civic duty? Name some of our civic duties. SUGGESTIVE QUESTIONS AND EXEECISES 1. Examine the Constitution for answers to these questions: (1) Can a person be compelled in a federal court to be a witness against him- self (138)? (2) What are the rights of an accused person in a fed- eral court (139)? (3) What is the rule in federal courts in reference to witnesses (140) ? (4) What is the rule in reference to trial by jury (141)? (5) in reference to bail (142)? 2. Under the fourteenth amendment what are the rights of an alien? Enumerate your individual rights as these are declared in the constitu- tion of your State. 3. Political philosophers frequently speak of natural rights. What is the root meaning of the word natural? Name the rights which you would be inclined to class as natural. 4. What is meant by the ' ' inalienable rights ' ' mentioned in the Dec- laration of Independence? 5. Joined with every right there is a duty. Name the duty which belongs to each of the rights of American citizenship. 6. Discover, if you can, a social or civil right to which there is not a duty attached. 7. Has a student a right to study so hard that his health is injured thereby ? 8. Do you as minors enjoy all the civil rights? Name those of which you are deprived. 9. What does the constitution of the State say about aliens? A Hint on Beading. — W. D. Guthrie, * ' The Fourteenth Amendment. ' ' Topics for Special WorJc. — Citizenship: 9, 241-249. Duties of Citi- zenship: 5, 525-530. The Writ of Habeas Corpus: 30, 105-110. The Eights of Citizenship under the Fourteenth and Fifteenth Amendments: 30, 100-105. XIV POLITICAL RIGHTS AND DUTIES The Origin of Political Rights. Political rights invest the citizen with the privilege of participating in government, and consist of the right of voting at elections and of holding public office. These rights are an outgrowth of the struggle for civil rights. In that struggle the people learned that a privileged ruling class could not be trusted. They saw that if their rights were to be respected, govern- ment must pass either into their own hands or into the hands of their chosen agents. Therefore in order that they might protect their civil rights they demanded the reins of government. At first the privilege of voting and holding office was granted only to the leaders among the people, to the high-born and wealthy and learned. Later a middle class consisting of small property-holders, trades- men and artisans and professional people, saw that its interests would be promoted by a participation ua govern- ment. It demanded political rights and obtained them. Finally the propertyless men and the ignorant men began to think that their civil rights would be worth more to them if they had the right to vote. They asked for the right and it was granted to them. From first to last, there- fore, political rights have grown out of men's efforts to preserve and promote their civil rights. The Elective Franchise. The suffrage, or the right of voting, is sometimes regarded as a natural right, as a right inherent in citizenship. Men will say that you might as 102 POLITICAL RIGHTS AND DUTIES 103 weU deny the right of acquiring property or of defending one's person from attack, as to deny the right of suffrage. This view is justified neither by the facts of history nor by the present policy of government. The right to vote is a franchise or privilege granted by the state to such citizens as are deemed worthy of possessing it. For a long time governments were accustomed to sell the elective fran- chise for a sum of money. Thus in the early days of New York City a man was not allowed to vote until he had first paid twenty-five dollars into the city treasury. With the growth of popular government the custom of selling the franchise was discontinued, and the right of voting was conferred upon certain citizens because they possessed certain qualifications. At the time of the Revolution a most important qualification was the possession of prop- erty. Before a man could vote, he must be possessed of a certain income or a certain amount of land. With the progress of democracy in the nineteenth century the prop- erty qualification was gradually removed. In the United States at the present time the qualifications of a voter relate chiefly to age, sex and nativity, although in a few instances an educational or property qualification is still required. Whatever the qualifications may be, it ought to be noticed that they are imposed by government, and that the elective franchise is a privilege which may be granted or withheld, and is not a right which the citizen enjoys simply because he is a citizen. Political Rights Conferred by State Authority. Authority for granting the suffrage and defining the qualifications of voters resides chiefly in the State. The only restriction upon the power of the State to regulate the elective fran- chise is found in the fifteenth amendment to the Constitu- tion, where it is declared that the right of citizens of the United States to vote shall not be abridged by any State on account of race, color or previous condition of servitude (159). As long as the State does not violate this amend- 104 THE AMERICAN GOVERNMENT ment it is free to regulate the suffrage in its own way. It may even grant the elective franchise to aliens and may withhold it from citizens. If the State should violate the fifteenth amendment it is difficult to say what would be done. It would seem that the State's representation in Congress would be decreased, for when the right to vote at any election for President or Vice-President, or for representatives in Congress, is denied to any of the male adult citizens of a State other than criminals, the basis of the State's representation in Congress may be reduced in the proportion which the number of disfranchised citi- zens bears to the whole number of male adults in the State (154). According to this rule, if a State with twelve repre- sentatives in Congress should disfranchise one-third of its male adult citizens it should lose four of these representa- tives. Its basis of representation, however, would not be reduced without action on the part of Congress (158). The Qualifications of Voters. In all the States the age qualification for voting is twenty-one years ; in all the States a previous residence within the State varying from six months to two years is required ; in thirty-eight States a voter must be a citizen of the United States; in ten States aliens may vote; in all the States but nine there is an absence of anything like an educational qualification. In all the States certain classes of persons are excluded from the privilege of voting. Chief among these are lunatics, idiots, paupers and convict criminals, EquaJ Suffrage. In recent years the question of extending the suffrage to women has arisen in legislatures and in con- stitutional conventions and almost everywhere there is a strong public opinion in favor of allowing women to vote. Leading men advocate granting the suffrage to women and political parties in their platforms declare for equal suffrage for men and women. In Colorado, Idaho, Utah, Wyoming, Oregon, Kansas, Arizona, Washington, Montana, Nevada, POLITICAL RIGHTS AND DUTIES 105 California and Alaska women may vote at all elections. In Illinois women may vote for presidential electors and for many important local officers. In several other States the sentiment for equal suffrage is very strong. The movement for woman's enfranchisement is not confined to the United States. The ballot has been granted to women in Norway, Iceland, Finland, Australia, Denmark and New Zealand, and with partial suffrage in Sweden. In Great Britain, a campaign in behalf of equal suffrage is being carried on. There can be no doubt that the universal adoption of equal suffrage would have a profound influence upon our political life but the precise nature of that influence can only be de- termined by an extended experience. Thus far in the States in which equal suffrage has been established the results upon the whole have been satisfactory. For example, in Wy- oming where women have had the ballot since 1890 the bene- fits of equal suffrage are acknowledged by all. "I do not know," says a Senator from Wyoming, "one man who re- gards suffrage as anything else than good. We feel that the vote of our women is valuable to us in many ways and I believe that fully 90 per cent, of them vote. Their in- fluence has compelled both parties to put up good men as candidates." Where women have the suffrage, their efforts in political matters seem to be directed largely to the ac- complishment of educational and social reforms, the very field of reform in which so much is to be done and in which the influence of women is most needed. The Right of Holding Office. The right of holding office is more indefinite than the right of suffrage. It may be stated as a general rule that any one who may vote is qualified to hold office. It does not follow, however, that because one may not vote one may not hold office, for women often hold office even in States in which they have no right to vote. Qual- ifications for the occupants of most officers are prescribed by law, and these of course must be met. When there are no special legal qualifications attached to an office it may usually 106 THE AMERICAN GOVERNMENT be held by any one who can get himself elected or appointed to it. A person who, as a State official, has taken an oath to support the Constitution of the United States and who has afterwards joined in rebellion against the United States is debarred from holding office (155). Duties of a Voter. The American voter should regard him- self as an officer of government. He is one of the members of the electorate, that vast governing body which consists of all the voters, and which possesses supreme political power, controlling all the governments, federal and State and local. When, therefore, the voter enters the poUing- booth and presumes to participate in the business of govern- ment, he assumes serious responsibilities. "What are the duties of a voter in a self-governing country? If an in- telligent man will ask himself this question and refer it to his conscience, as well as deliberate upon it in his mind, he will conclude that he ought at least to do the following things : (1) To vote whenever it is his privilege. (2) To try to understand the questions upon which he votes. (3) To learn something about the character and fitness of the men for whom he votes. (4) To vote only for honest men for office. (5) To support only honest measures. (6) To give no bribe direct or indirect, and to receive no bribe direct or indirect. (7) To place country above party. (8) To recognize the result of the election as the will of the people and therefore as the law. QUESTIONS ON THE TEXT 1. What has been the origin of political rights? 2. How does the right of voting differ from a natural right? What is the policy of governments in reference to the suffrage? 3. What restrictions are placed on the State in the matter of grant- ing suffrage? POLITICAL RIGHTS AND DUTIES 107 4. State the qualifications which are usually placed upon the suf- frage. 5. To what extent does female suffrage prevail in the United States and throughout the world? 6. What is the general rule in reference to the right of holding office? 7. Enumerate the duties of a voter. SUGGESTIVE QUESTIONS AND EXEECISES 1. Examine the constitution of your State for answers to the fol- lowing questions: (1) What is the qualification of voters as to age? as to residence — (a) in the State? (b) in the county? (c) in the elec- tion district? as to sex? as to education? as to the pos- session of property? as to citizenship? Can an alien vote in this State! (2) What special immunities have voters on election day? (3) What persons are disqualified to vote in this State? 2. Are the qualifications and disqualifications mentioned in the State constitution all just and proper? If not, state where you would have changes made. 3. After careful thought state the arguments for and against an educational qualification for voting. 4. Discuss the subject of female suffrage from the standpoint (a) of justice, (b) of woman's fitness for voting, (c) of the effect upon politics, (d) of the effect upon woman herself, (e) of the effect upon social conditions. 5. Give the meaning of the following words: elector, resident, in- Jiabitant, denizen, citizen, subject. 6. Would you vote for or against a bill that compelled citizens to vote? Give reasons for your answer. What proportion of the voting population of the United States voted at the last presidential election? 7. Of the duties of the voter mentioned in the last section which are the easiest to fulfil? 8. When you shall become qualified do you intend to vote? What personal advantage may you reap from voting? State the losses that society would sustain if you should be deprived of your right to vote. 9. Suppose the people of an absolute monarchy enjoyed to the fullest extent all civil rights, would they profit any by having the political right granted to them? 10. What are the constitutional provisions in this State in reference to holding public office? Topics for Special Worl^. — Political Eights: 1, 62-103. Suffrage and Elections: 5, 423-430. Qualifications for Voting: 25, 10-21. The Education of Voters: 30, 118-126. The Kesponsibility of Citizenship: 30, 126-128. XV A REVIEW The Characteristic Features of American Government. The essentials of our political system, have now been pre- sented. If we will review the previous chapters and ana- lyze their contents we shall find that the characteristic features of the American government may be indicated in the following propositions : I. It is democratic. It is "of the people and by them and for them." In small matters and in great matters the wishes of the people are consulted and their will obeyed. II. It is representative. In but few instances do we find the people governing as a pure democracy. They are content that the actual business of government shall be conducted by chosen officers. III. Its powers are sharply separated and nicely bal- anced. The law-maker has his peculiar duties, and so has the executive and the judge. Each department acts independ- ently of the others. One department may check another, but it may not control another or usurp its powers. IV. It is constitutional. Public business is conducted and laws are enacted according to the plain provisions of a formal instrument. Officers of government swear to support the Constitution, and the people are under a solemn obligation not to violate it. V. It is federal. Everywhere a central power admin- isters the great affairs which pertain to the national wel- fare, while other affairs are left to be administered by the 108 A REVIEW 109 authority of the State. The federal relation is firmly es- tablished and clearly defined: the State and the federal government working together give us a Union which can- not be dissolved, and a State which cannot be destroyed. VI. It is expansive. It is always extending the area of its influence. A community under the protection and authority of the Union is usually admitted as a State soon after it is prepared to govern itself in the American way. VII. It is decentralized as to local affairs. All power does not radiate from a central source. Large authority resides in the State as well as in the Union, and local self- government lodges power in places still further removed from the centre. VIII. It is conducted hy political parties. The popular will is ascertained by the efforts of political organizations, and the organization that gets the most votes is deemed the rightful possessor of political power. IX. It yields a full measure of civil liberty. The Ameri- can people are the political heirs of all the ages. Collec- tively they are provided with every means of resisting tyranny and injustice, while the individual citizen enjoys all the civil and political rights that can be enjoyed con- sistently with the safety and welfare of society. X. It rests upo7i the performance of individual duty. The more we study the American government the plainer this truth appears. We learned at the outset that the success of democracy depends upon the conduct of indi- viduals, and in the examination of the various political contrivances by which our government is operated we have discovered no device for relieving the individual of a personal performance of political duty. The American Spirit. Some one has said that in every high school and college there should be a "professor of America." There is just a little boastfulness in the utter- ance, yet it nevertheless contains a sane suggestion. One of the chief tasks of this "professor of America" would be to 110 THE AMERICAN GOVERNMENT trains his pupils to distinguish, between that which is American and that which is un-American. It should be confessed that as far as political matters are concerned such a training would be useful. It is good to be able to stamp instantly and unerringly a political act or move- ment or sentiment as American or as un-American. The student ought at this point to be able to tell what is truly American and what is not. It is American to trust the people, to have implicit faith in their ability to govern themselves; it is un-American to be always carping at democracy and predicting its downfall. It is American to recognize the moral and legal equality of men and to cherish the feelings of universal brotherhood; it is un- American to foster the spirit of aristocracy or of class hatred. It is American to give power abundantly to leaders who have been elected at the polls, for such leaders are real representatives ; it is un-American to submit tamely to the rule of a self-appointed ''boss." To encourage and sustain a department of government when it is contending for its rights is American; to aid in increasing the power of a usurping department is not. To accomplish a po- litical purpose by altering the Constitution in a formal, deliberate manner is American; to act in wanton disregard of constitutional restraint is not. It is American to exalt the Union, but it is un-American to belittle the State. It is American for the State authority to uphold and maintain justice and law and order, but it is un-American to give to the State government the management of affairs that are purely local. It is American to use the political party as a means of government, but to regard party as the end of government is un-American. To enjoy every right which belongs to a free and enlightened people is Ameri- can, but it is un-American to insist upon a liberty that runs into license and riot. By adhering to the American way we shall preserve the spirit of the American government, and the spirit of a government is as important as its form. "The letter kill- A REVIEW 111 eth, but the spirit giveth life." Indeed the form of the American government is only an outgrowth of the spirit which animated its founders. The American fathers loved liberty and believed the people should have a controlling hand in government, and they drew the Constitution in trend with their affections and beliefs. The spirit of the fathers became the spirit of the generations which followed, and is the American spirit to-day. As long as that spirit shall survive the American citizen may say: "Under my government I know and exultingly feel both that I am free and that I am not dangerously free to myself or to others. I know that if I act as I ought no power on earth can touch my life, my liberty, my property. I have that inward and dignified consciousness of my own security and independence which constitutes, and is the only thing which does constitute, the proud and comfortable sentiment of freedom in the human breast. I know, too, and bless God for my own mediocrity; I know that I cannot, by any special favor or by popular delusion or by oligarchical cabal, elevate myself above a certain very limited point so as to endanger [incur the risk of] my own fall or the ruin of my country. I know there is a constitution that keeps things fast in their place : it is made to us and we are made to it." {Edmund Burke.) AN EXEECISE Classify the following as American or un-American, testing each clas- sification by some fundamental principle: (a) The people of a State choose as their governor a man who does not reside in the State; (ft) a town with a population of .'500 has as many representatives as a city with a population of 100,000; (c) a man seeks a title of nobility; {d) a pupil seeks a medal awarded for scholarship; (e) the State government controls the police force of a city; (/) the State govern- ment controls the public schools of a city; {g) the local government constructs roads; {h) the federal government constructs roads; (i) the State government constructs roads; (j) a man always votes with his party; (fc) a man never votes at all; {I) the legislature raises the salary of public employees; (m) the executive raises the salary of public employees; (n) a man contends that democracy is the worst form of government; (o) a man is punished for contending that democracy is 112 THE AMERICAN GOVERNMENT the worst form of government; (p) a man was arrested for teaching the doctrine of Buddha; (q) a legislator would not receive a request to enact a certain law; (r) there was held a mass meeting at which the representatives of the people were requested to enact a certain law; (s) there was held a mass meeting at which the representatives were commanded to enact a certain law; (t) the legislature of a State passed a resolution denouncing the action of a foreign government; (m) a law provides that the governor shall appoint the county commissioners ; (v) a law provides that the governor shall appoint the county judges; (w) the federal government informed the drivers of its mail-carts that they might drive at a speed greater than that permitted by the local authorities; (x) a State made forty years the age qualifications for vot- ing; (y) a State made seventeen years the age qualification for voting; (s) a law forbidding adults to be on the street after midnight; (aa) a law forbidding children under twelve years of age to be on the streets after 10 p. m. A Hint on Beading. — C. G. Tiedemann, ' ' The Unwritten Constitution of the United States ' ' ; Wright 's ' ' American Constitutions. ' ' PART II THE ORGANIZATION OF THE AMERICAN GOVERNMENT: THE FORM XVI THE ORGANIZATION OF CONGRESS Introductory. Now that the fundamental principles of our government have been learned, we may pass to the subject of its organization. We shall study the organ- ization of (1) the federal government, (2) the State gov- ernment, (3) the local government, and (4) political parties. The organization of the federal government is deter- mined by the Constitution, Article I providing for the legislature. Article II for the executive, and Article III for the judiciary. We can learn in these Articles of the qualifications of federal functionaries, of the length of their terms of service, of the manner of their appointment or election, of their duties and privileges. Many of the facts of federal organization are stated in the Constitution so clearly and fully as to make it unnecessary to refer to them in the text. No important facts, however, ought to be neglected by the student, and he will neglect none if, in addition to answering the questions on the text, he will also answer those questions at the end of the chapters where reference is made to the Constitution. Representation in Congress. At the time when the Con- stitution was framed many novel theories of government were in circulation, but fortunately the men of the Con- vention avoided ideal schemes. As practical statesmen fhey knew that if their work was to be successful they must plan for a central government which should resemble as nearly as possible the government to which the people were already accustomed. Accordingly it was early determined 115 116 THE AMERICAN GOVERNMENT by the Convention to take the existing State government, with its three departments, as a pattern for the federal structure. Having determined upon this, the next prob- lem was to provide for a legislature. Since in all the States but two (Georgia and Pennsylvania) the legislatures were bicameral, and since a bicameral legislature is a charac- teristic institution of English speaking peoples, the senti- ment for a Congress of two houses easily carried the day (2) . Then arose the question, how shall the States be represented in Congress? Should they be represented as they had been under the Confederation — one State, one vote? Should they be represented according to wealth? Should they be represented according to population? These questions gave the Convention a deal of trouble. Some of the members wanted representation according to wealth, but the democratic spirit in the convention was too strong for them. Virginia and several large States wanted representation according to population, while New Jersey and several small states contended that each State ought to have equal representation in Congress. Here was a struggle between the large States and the small States, or, regarded from another standpoint, a struggle between the national principle and the federal principle. The national, or large-State, party insisted that the United States was a nation, one homogeneous political society consisting of thir- teen sections or geographical districts called States, and that each of these States ought to be represented in the fed- eral Congress according to its population. According to this view the new government was to be national, and if the national principle had fully prevailed a government re- sembling the centralized type (p. 74) would have been established. The small-State party contended that the United States were thirteen different political societies, each the judge of its own political competency, each the political equal of another, and that since the new gov- ernment was to be a union of equals, each State should be equally represented in the legislature. The supporters THE ORGANIZATION OF CONGRESS 117 of this idea desired the new government to be strictly federal and decentralized. The debate upon the Virginia plan and the New Jersey plan continued without the prospect of a satisfactory con- clusion until Connecticut came forward with this propo- sition: Let each State, regardless of its population, be rep- resented in the Senate by two senators (15) ; in the House let each State be represented according to its population (7). The aged Franklin supported this compromise: ' ' When a broad table is to be made, ' ' he said in his homely wisdom, "and the edges of the planks do not fit, the artist takes a little from both and makes a good joint." The Connecticut plan prevailed and a Congress was established that was partly federal and partly national. In the Senate the federal principle prevails, but not fully, for the two senators are not required to vote to- gether and cast a single vote, as they would be required to do under a purely federal plan. Nevertheless it is in the Senate that we must look for the federal element of our system, for there a State as a State is strong. The twenty-five smallest States with their three million voters can wield more power in the Senate than the twenty-three largest States with their fifteen million voters. In a federal republic there is nothing unjust in this. The decentralized features of our system cannot be maintained unless we keep the States equal in the Senate. The framers intended that this equality should never be destroyed, for when they prepared the clause relating to amendment they took care to provide that "no State without its consent shall be deprived of its equal suffrage in the Senate" (124). According to these words we can never amend the Constitution so as to give a State more or less than two Senators. Of course this is going too far. One generation cannot by a stroke of the pen bind all succeeding generations. If the people should want this provision changed, the change would have to be made. Nevertheless it is not likely that the "plighted 118 THE AMERICAN GOVERNMENT faith of past generations to the small States" will ever be broken. In the House of Representatives the national principle prevails, for representatives do not appear as representing States, but as representing people. But the House is not national in every respect, for in the event that it is required to take part in the election of a President (84) it votes by States, the representation of each State having one vote — a recognition of the federal principle. INIoreover, a State must have at least one representative (10), a con- dition that is not required under a purely national system. Upon the whole, however, the House is national; its 435 members represent not forty-eight States, but one hundred millions of people. The Apportionment of Representatives. When it was pro- posed to give to each State a number of representatives proportional to its population the question of enumeration arose: Should every human being count one? In the northern States there were but few slaves; in some of the southern States there were vast numbers of them. The northern States were unwilling to be outnumbered by having the slaves counted; the southern States wished them to be counted. This difference also ended in a com- promise. It was agreed that five slaves should be counted as three persons (8), a rule which was changed by the fourteenth amendment, which provides that in the appor- tionment of representatives to Congress all people except untaxed Indians should be counted (153). The number of representatives that each State was to have until a census could be taken was fixed by the Constitution (11). After the first census was taken the apportionment was to be regulated by Congress in accordance with the results of the census. At the establishment of the government one represen- tative was allowed for every thirty thousand inhabitants, but with the increase of population it was found necessary THE ORGANIZATION OF CONGRESS 119 to increase the ratio of representation. This was done to prevent the House from becoming unwieldy by reason of numbers. If the original ratio had been retained the House of Representatives would now consist of quite three thou- sand members — a body entirely too large for deliberate ac- tion. The present ratio of representation (211,877) gives a House of 435 members. The Election of Representatives. Any one who is quali- fied to vote for members of the more numerous branch of the State legislature is qualified to vote for a represen- tative in Congress (4). The members of the House are elected by a direct vote of the people. For more than half a century the States were allowed to elect their representatives in their own way, but in 1842 Congress, exercising its power (24), ordered that when a State was entitled to more than one representative, the representa- tives should be elected by districts composed of contiguous territory; that the number of these congressional districts should be equal to the number of representatives appor- tioned to the State; that no district should be entitled to more than one representative. The division of a State into congressional districts is left with its legislature. The districts may conform to such boundaries as the legislature may decide upon, but they must contain as nearly as pos- sible the same population. Sometimes the dominant party in the legislature "gerrymanders" the districts, that is, marks them out in a way that is grossly unfair to the minority party. A representative need not reside in the district which he represents, but public opinion is strongly in favor of residence within the district. It sometimes happens that a State, after receiving an increase in the number of its representatives, fails to be re-districted be- fore the next congressional election. In such cases the additional members (or member) are elected by the voters of the whole State as a general ticket, and are called ' ' congressmen-at-large. ' ' 120 THE AMERICAN GOVERNMENT The Election of Senators. For nearly a century and a quarter members of the Senate were elected by the legisla- tures of the several States (15). For more than three fourths of a century the legislature of each State chose United States senators in its own way; but, since disagree- ments were constantly arising as to the manner in which the election should be held, Congress, in 1866, in accordance with its rights (24), ordered that the two houses of the legislature should meet in joint assembly and elect by joint ballot; that if, on the first ballot no person should receive a majority of all the votes in each house, the balloting should continue from day to day (at least one vote being taken each day), until a senator should be elected by a majority of all the votes, a majority of each house being present. This rule, though doubtless as good as any that could have been devised, did not always work well. The position of United States senator being highly prized as an honor, the struggle for it became so keen as seriously to interfere with the regular business of the legislature. Sometimes, after a contest that had consumed much of the time and attention of the entire session, the legislature was compelled to adjourn without electing a senator. Thus at times, the rule not only did not work well, but did not work at all. It was proposed that senators be elected by a direct vote of the people. To do this with full governmental authority required an amend- ment to the Constitution. Accordingly, in 1912, Congress, by a two-thirds vote of both Houses (122) submitted to the States for ratification an amendment providing for the popu- lar election of senators. In 1913 the amendment was adopted and became a part of the Constitution (161). Congress the Focus of American Political Life. Congress, by virtue of its organization, is the political nerve-center of the Union. The members of the House come fresh and direct from the people of the whole country; the voice of the House is, therefore, the voice of the nation. The sena- tors are the federal ties which unite the State govern- THE ORGANIZATION OF CONGRESS 121 ment with the national government. In the halls of Con- gress have been done the things which have made the United States the country it is. As in the past ]\Iadison, Clay, Webster, Calhoun, John Quincy Adams, Sumner, Thurman, Blaine, workers in the House and Senate, shaped the policies and directed the course of the American nation, so in the present the fortunes of the Union are in the hands of the men we send to Congress. While we keep statesmen there we are safe, but if we should allow Con- gress to become a body of political gamesters we would doubtless advance rapidly to national ruin. QUESTIONS ON THE TEXT 1. What problems of representation arose in the Convention of 1787? 2. Explain the difference between the national principle of represen- tation and the federal principle. 3. What was the Connecticut compromise? 4. In what respect is Congress a national body? In what respect is it a federal body? 5. Why is it likely that the equality of the States in the Senate will not be disturbed? 6. In what manner are representatives apportioned to the several States? 7. Give an account of the election of representatives. 8. Give an account of the election of United States senators. 9. Why is Congress the center of national polities? SUGGESTIVE QUESTIONS AND EXEKCISES 1. Show from the history of the times that the people in 1787 needed a government which would accomplish just such objects as are men- tioned in the preamble (1). 2. What words in the preamble reveal the democratic feature of our Constitution? What words its federal feature? 3. In referring to the government which has its seat at Washington, why do we sometimes speak of it as being federal and sometimes as being national? 4. Give the history of the word ' ' gerrymandering. ' ' Is there any sign of gerrymandering in the boundaries of the congressional dis- tricts of your State? Point out the wrongs of gerrymandering. Bound the congressional district in which you live. 5. By referring to the Constitution answer the following questions, and give reasons for the constitutional provisions: How is a member 122 THE AMERICAN GOVERNMENT of the House of Eepresentatives elected, and what is the length of his term of office (3) 1 What are the qualifications of a member of the House as to age, citizenship and residence (5)? When is a person qualified to vote for representatives in the House (4) ? How is a va- cancy in the House of Eepresentatives filled (12) f What are the qualifications of a senator as to age, citizenship and residence (18)? When does the Vice-President have a right to vote in the Senate (20) ? Who presides at an impeachment trial when the President has been im- peached (22) ? If the right to membership in Congress is contested how is the question decided (26) ? How is the compensation of mem- bers of Congress determined (32) ? What special privileges do mem- bers of Congress enjoy (33) ? What circumstance will prevent a mem- ber of Congress from receiving an appointment to office under the federal government (34) ? What circumstance will disqualify a man for membership in Congress (35) ? 6. Should a member of the lower House consider the interests of his district as being of more importance than those of the nation? Should a senator place the interests of his State above those of the nation 1 7. Congressmen receive twenty cents for every mile of travel to Wash- ington and return to their homes. What is the amount of the mileage of the member of the House who represents your district? Topics for Special Work. — The House of Eepresentatives: 7, 33-70. The Senate: 7, 79-125. Eights of Senators and Eepresentatives: 6, 182-186. An Apportionment Bill: 30, 148-149. The House of Eepre- sentatives and the House of Commons: 30, 149-156. Popular Election of Senators : 30, 156-162. XVII CONGRESS AT WORK The Assembling of Congress and its Adjournment. Every year on the first Monday in December (25) Congress as- sembles in the Capitol at "Washington, the Senate occupying the north wing of the building and the House the south wing. It convenes and adjourns by virtue of constitu- tional authority, and not by virtue of a summons or an order from the executive. The self-convening and the self-adjourning feature of Congress is a valuable item of American civil liberty. The political history of England had taught the framers that it was dangerous to make the assemblage and adjournment of the legislature dependent upon the action of the execu- tive. Kings had refused to call Parliament together when the country needed its services, and had dissolved it as soon as it showed opposition to the royal will. So the framers placed the assembling and adjournment of Con- gress quite beyond the power of the executive (25). The President, however, may on extraordinary occasions convene Congress in an extra session (100), and he may also adjourn Congress if the two Houses cannot themselves agree upon a day for adjournment (101). When making laws the two Houses must carry on work during the same period of time, although either House may sit alone for a period not exceeding three days (31). The first Congress began its legal existence IMarch 4, 1789, and expired at the hour of noon March 4, 1791, when the term of the first elected representative ended; the sec- ond Congress came into power March 4, 1791, and ended its 123 124 THE A]\rERICAN GOVERNMENT career March 4, 1793; the third Congress began March 4, 1793, and ended March 4, 1795 ; and thus on to the present time. From this we learn (1) that Congresses are num- bered according to the biennial periods for which repre- sentatives are elected, and (2) that the legal existence of Congress begins on March 4 following the election of repre- sentatives and ends March 4 two years later. Representa- tives are elected in November,^ but, unless an extra session is called, they do not actually enter upon their duties until the December of the first year of their legal term — more than a year after their election. If a Congress should choose to do so, it could sit in continuous session from the time it first meets to the expiration of its term. In practice the work of a Congress is done in two regular sessions. The first session begins when a Congress assembles in December for the first time and usually ends late in the spring or early in the summer of the following year. This is the long session. The second or short session begins when the Congress assembles in December for the second time and ends at twelve o'clock meridian the following March 4. Extra sessions begin on a date fixed by the President and end at the pleasure of Congress. Tlie House at Work. The House consists of more than four hundred men, ambitious, enthusiastic, and for the most part in the prime of life. Every member has his heart set upon the passage of at least one bill, while many a member has a dozen which he wishes to push through. In the first few days after the assembling of the House several thousand bills are introduced. The ruling purpose of the individual members is to get his own measures passed. His reputation as a useful public servant, and even his seat in Congress may depend upon his success in this mat- ter. Every member, therefore, strives with all his might to get his favorite measure singled out and brought to ^ By a special provision of the law Maine and Vermont are permitted to elect their representatives in September. CONGRESS AT WORK 125 a consideration and a vote. But every bill must be duly discussed and must be disposed of in an orderly, decent way. Amid the stormy conflicts of interest which are bound to arise in the House, and in the confusion and strife which are attendant upon the proceedings of such a large and virile body, how can business be conducted in due form and order? The answer to this question involves the con- sideration of (1) the speakership, (2) the committee sys- tem, and (3) the rules of the House. (1) The Speakership. When the members of a new House assemble for the first time the clerk of the previous House calls them to order, causes a roll to be called, and, if a quorum (27) is present, invites the House to proceed with the election of a Speaker (13) who is always chosen from among the members of the House. After the election of the Speaker the other officers of the House, the sergeant- at-arms, the clerk and the doorkeeper are elected, and the work of the session begins. The character of the proceedings of the House depends largely upon the man selected as Speaker. The duties of the Speaker are defined by the rules of the House. He preserves order, he signs all bills, he decides questions of parliamentary law, he puts questions to the House to be voted upon, and he recognizes those members whom he regards as being entitled to be heard upon the floor. No member who fails to secure the recognition of the Speaker is entitled to be heard. This power of recognition, therefore, is most important. (2) The Committees. A large legislative body in full and open session cannot look into the merits and discuss all the items of every proposed bill. There must be a method of sifting proposed measures and rejecting worthless and absurd propositions so that the attention of the legis- lature may be given to serious and important matters. From time immemorial this preparation of measures has been accomplished through the agency of committees, small groups of members, to each of which is assigned the 126 THE AMERICAN GOVERNMENT duty of attending to a particular brancli of legislation. The more important committees of the House consist of from fifteen to twenty-one members. The principal stand- ing committees — committees which are provided for by the rules, and which continue in existence through the entire session — are those on ways and means (p. 274), appropri- ations, the judiciary, foreign relations, currency, com- merce, pensions, military affairs, elections, manufactures, agriculture, and rivers and harbors. The committees are elected by the House but before the vote is taken the mem- bership of each committee is determined by party action. The work of the House is effected through these com- mittees. When a bill is introduced upon the floor of Con- gress it is promptly referred to the appropriate commit- tee. Friends of the bill may appear before the committee and speak in its behalf. The committee may amend the bill, or reject it outright, or pay no attention to it what- ever. If a bill is rejected in committee, it has little chance of becoming a law. If it is reported favorably to the House, it has a chance at least of receiving serious consideration. A committee, besides reporting upon mea- sures that have been referred to it, may report bills orig- inating with itself. In practice, before a bill can become a law it must first receive the favorable judgment of a committee. For this reason much of the most important work of Congress is done in the committee rooms. (3) The Bides. When a bill is reported favorably by a committee it is usually placed upon the calendar along with hundreds, perhaps thousands, of other bills. The calendar is a kind of catalogue or register of bills, and has been called "the cemetery of legislative hopes," because so many bills are never heard of again after they reach it. When a bill has found its way to the calendar its fate henceforth rests with the rules of the House. The rules of procedure are determined by the House itself (28), and are framed with the view of conducting business in a fair and orderly manner. The general rule in reference to a CONGRESS AT WORK 127 bill on the calendar is that it must wait its turn for con- sideration, a rule which if strongly enforced might post- pone action indefinitely. Foremost among the agencies for controlling procedure in the House is the committee on rules, which consists of eleven members, six of whom belong to the political party which is in a majority and five of whom belong to the minority party. The committee on rules has the high privilege of bringing in at any time "a special rule" or order, by which a certain time may be appointed for the consideration of a bill. It can thus at any time without discussion or delay order any bill to be taken from the calendar for immediate consideration. This committee on rules can also determine the conditions of debate, how long members may speak, whether amendments to the bill may be offered or not, when a vote shall be taken. The course of legislation in the House is thus practically determined by the committee on rules. The first of commit- tees, therefore, is the committee on rules and the first of rules is the special rule. The committee on rules, like all the other committees, is elected by the House. Its membership, how- ever, is first determined by party action. The Senate at Work. — ^When a Congress expires two thirds of the members of the Senate retain their seats in the next Congress (16). The Senate is thus in part a continuous body; "always changing it is forever the same." It is not reorganized at the opening of every Congress. The Con- stitution provides for it a permanent presiding officer (20) ; the temporary President (21) and other officers hold their positions for indefinite periods. Senators on an average are much older ^ than members of the House, and they ex- ert a greater personal influence by reason of their right to be consulted in reference to the appointment of impor- tant executive officers (96). The continuity of its existence, the stability of its or- ganization, the maturity and experience of its members, ^ The average age of senators is sixty. 128 THE AMERICAN GOVERNMENT and its great power are all reflected in the Senate's pro- ceedings. The Senate goes about legislation in a repose- ful, dignified way. It does not have to hurry, for it al- ways has at least four years in which to accomplish its purposes. Senators take hold of legislation with a mas- terful hand, for they bring to the work the lessons of a long public career. The Senate sometimes wields power in a manner that appears to be arbitrary, and it is some- times accused of ignoring the rights of the House. It will ignore the rights of the House, of course, if the House does not defend itself, just as the House will ignore the rights of the Senate if it is permitted to do so. We must expect encroachments, and if a contest between the House and the Senate should arise the people should not be surprised, but should cheerfully settle the matter by sup- porting at the polls the branch which happens to be acting in accordance with the American spirit. The course of legislation in the Senate is smoother than it is in the House. The committees are elected by the vote of the Senate, the membership of each committee being deter- mined by party action before the vote in the Senate is taken. On the floor of the Senate there is the utmost freedom of debate. Any senator may talk as long as he pleases on any subject that comes up for discussion. The Senate could adopt rules (28) that would curtail debate and hasten meas- ures to a conclusion, as is done in the House, but it has not cared to do so. It proceeds upon the principle that the more fully a subject is discussed in a serious way the better, and it assumes that no senator will abuse the privilege of un- limited debate and talk merely to kill time. Senators, how- ever, occasionally do talk to kill time. In 1890 a senator, in order to keep a measure from coming to a vote, spoke for fourteen hours without interruption. In 1903 a senator, wishing to force the Senate to yield on a certain point, placed Lord Byron's complete works upon his desk and threatened to read every word of them if the Senate did not do what he wanted it to do. The Senate yielded be- CONGRESS AT WORK 129 cause the demand was made in the closing hours of a Con- gress and important business was ahead. The Powers of Congress. The strictly legislative powers of Congress have been referred to in a general way heretofore. They are enumerated in Article I, Section 8 of the Constitution. These powers will receive par- ticular attention at appropriate points in subsequent chapters. At present it is sufficient to notice that the powers granted by the framers to the new federal Con- gress are quite like the powers granted to the Congress of the old Confederation (p. 42), the most important additions being (1) the taxing power, which gave the new government its dignity and strength, and (2) the power to regulate commerce, the subject, it will be remembered, which led up to the calling of the Convention of 1787. As far as the legislative powers are concerned the House and Senate are coordinate branches: a bill passed by one house is not a law until it is passed by the other also, and either house can originate and pass such bills as it chooses, ex- cepting that bills for raising revenue must originate in the House of Representatives (36). Two matters not of a strictly legislative nature must receive attention here : I. Impeachment. When high public officials are charged with gross misconduct in office, as when the President is charged with not enforcing a law, or a federal judge is accused of habitual drunkenness, they may be reached by the process of impeachment. Impeachment begins in the House of Representatives, where the charges against the unfaithful officer must be laid (14). If in the judg- ment of the House the accused person is guilty, the im- peachment, or accusation, is carried to the Senate to be tried (22). The Senate, while trying the impeachment, sits as a court of justice. Witnesses are summoned and examined and evidence pro and con is presented. If by a two-thirds vote the Senate sustains the impeachment the 130 THE AMERICAN GOVERNMENT accused person is deprived of his office (23), He may afterwards be tried and punished in a court of law for his offense, but such a trial is not a part of the process of im- peachment. The main object of impeachment is to protect the government from the acts of faithless officers, not to punish crime. Its purpose, therefore, is fulfilled when the offending officer is removed. Impeachment is plainly a judicial rather than a legislative function. II. Confirmation of Treaties and of Presidential Ap- pointments. A treaty (p. 260) is a law of the land (126). It is only right, therefore, that the legislature should par- ticipate in the treaty-making power. The Constitution recognizes this principle to the extent that treaties shall be confirmed by a two-thirds vote of the Senate (95). The Constitution also provides that certain presidential appoint- ments must be confirmed by the Senate (96). In the ex- ercise of this power the Senate has established a custom of confirming only those appointments which are agree- able to the senator from the State in which the appoint- ment is made. The senator to be consulted belongs to the President's party. If the State in which the appointment is made has no senator of the President's party, the party leaders of the State must be consulted. This deference to the wishes of individual senators in the matter of con- firming appointments is called senatorial courtesy. The application of the rule of senatorial courtesy almost dou- bles the power of the Senate, for it has the effect of tak- f ing federal patronage from the President and bestowing it upon Senators. When confirming appointments the Senate regards itself as acting in an executive capacity. It holds its executive sessions behind closed doors. All purely legislative sessions, both of the House and of the Senate, are open to the public. QUESTIONS ON THE TEXT 1. How is Congress assembled? How is it adjourned? Why were these methods of assembling and adjourning adopted? CONGRESS AT WORK 131 2. On what principle are Congresses numbered? When does the legal existence of a Congress begin? When does it terminate? 3. Give an account of the two regular sessions of Congress. 4. What are the duties of the Speaker of the House? 5. Give an account of the committee system. 6. How is it possible for the committee on rules to control the course of legislation in the House? 7. Describe the Senate in its leading characteristic. On what prin- ciple is debate in the Senate conducted? 8. Discuss in a broad way the powers of Congress. 9. Describe the process of Impeachment. 10. What is the power of the Senate in reference to treaties and presidential appointments. What is meant by "senatorial courtesy"? SUGGESTIVE QUESTIONS AND EXEECISES 1. Answer the following questions by referring to the Constitution: How is a Speaker of the House of Eepresentatives chosen (13) ? When does the Vice-President have a vote in the Senate? When a President is impeached who presides at the impeachment trial in the Senate (20) ? What constitutes a quorum in the House (26) ? How may disorderly behavior in Congress be punished (29) ? How may a member of Con- gress be expelled (29) ? How may a yea and nay vote be secured (30) ? Give the history of a bill after it has passed Congi-ess (37). How may the veto of the President be overcome (40) ? Under what circum- stances may the President defeat a bill without vetoing it (41) ? To what things besides bills is the approval of the President necessary (42)? -^ 2. Give reasons for not allowing the Vice-President to preside at an impeachment trial when the President is accused. 3. Why is it unfortunate that so long a time should elapse between the election of Congress and its first regular session? 4. What are the advantages and disadvantages of "senatorial cour- tesy ' ' ? What is meant by ' ' filibustering " ? Topics for Special WorTc. — Congressional Procedure: 7, 71-78. The Powers of Congress: 5, 268-281. The Senate, its Workings and In- fluence: 2, 83-93. The House at Work: 2, 108-114. The Committees of Congress: 2, 115-122; also 30, 162-166. Freedom of Debate in the Senate: 30, 167-170. A Defense of the Senate: 30, 177-184. XVIII THE PRESIDENCY The Election of the President. As we have seen, a fatal weakness of the Union under the Articles of Confederation was the absence of an executive to enforce the laws. The Convention soon decided to remedy this defect by estab- lishing a strong executive department and vesting its powers in a President (78). How was this ofScer to be selected? This question gave rise to a vast amount of dis- cussion. Some wanted him elected by Congress, but it was said that this would make the executive dependent upon the legislature, and it was highly important that these two branches should be independent of each other. It was suggested that he be elected by the Senate, but this method was opposed as being too aristocratic. An elec- tion by a popular vote of the whole country was recom- mended; this plan was opposed as being too democratic. To end the discussion a plan of indirect election was adopted: the President was to be chosen by State colleges of electors, the electoral college of each State to have a number of electors equal to the combined number of sena- tors and representatives to which the State was entitled in Congress (81). Jlach State was permitted to select its electors in a way agreeable to the. legislature (80). Each of the electors was to vote for two persons (82) and the person who received the greatest number of votes (provid- ing it was a number equal to a majority of the electoral votes) was to be the President, and the one who stood second in the list was to be Vice-President (85). If more than one person received a number of votes equal to a majority of the 132 THE PRESIDENCY 133 electoral votes the election of the President was to be made by the House (84). The electoral plan as first adopted proved to be as clumsy in practice as it was excellent in theory. It worked well enough at the first and second presidential elections when Washington was the choice of every elector, but when in the third election it resulted in choosing a Federal- ist (John Adams) as President and a Democrat (Thomas Jefferson) as Vice-President, its efficiency as a means of expressing the popular will began to be questioned. In the fourth presidential election the electoral system as devised by the framers broke down almost completely and the Constitution had to be speedily amended (146). By Amendment XII, which was adopted in 1804, the work of the electoral college is simplified by making the election of Vice-President an affair distinct from the election of the President (147). The State legislature may appoint the electors itself, it may vest their appointment in some other body, or it may call upon the people to elect them. In the early days of the Union the States differed in their methods of select- ing electors. In some States they were elected by the legislature, in some they were elected by districts as repre- sentatives in Congress are at the present time, while in a few States they were elected on a common ticket. To-day every State elects its presidential electors in the same way — on a common ticket by a popular vote. Such uniformity is at first sight almost amazing. Why have all the States agreed to do this thing in the same way? Democracy and party organization must answer. We still adhere to the forms of the electoral system as provided in the twelfth amendment, but the spirit of that system has long since departed. The people long ago took the election of the President into their own hands. They have done this through the agency of political parties, and the require- ments of party organization have produced uniformity in the methods of electing the presidential electors. How 134 THE AMERICAN GOVERNMENT one hundred millions of people actually accomplish this stupendous and inspiring task of selecting one of themselves as their ruler may best be told when we come to speak of party organization (p. 227). The Powers and Duties of the President. The members of the Convention were distrustful of executive power and were disposed to clothe the new President with only so much authority as was absolutely necessary. Neverthe- less, they probably gave him fully as much power as an executive ought to have. They made him commander-in- chief of the military forces (92) ; they gave him the power of pardoning offenses against the government of the United States (94) ; they conferred upon him jointly with the Senate the treaty-making power (95) and the power of appointing foreign ministers, consuls, judges of the Supreme Court and many other federal officers (96) ; they imposed upon him the function of receiving foreign am- bassadors and representatives of foreign governments (101) ; they gave him authority to deliver to Congress in person, or to lay before that body in writing, messages set- ting forth the condition of public affairs and recommending measures for legislation (100) ; they gave him power to con- vene Congress in extraordinary session and to adjourn Con- gress when the two Houses cannot agree as to the mat- ter of adjournment (101) ; they gave him the veto power (38). The highest and the chief duty of the President is "to take care that the laws be faithfully executed" (102), This is a purely executive duty and one that the President cannot escape. A law may be distasteful to the President, he may regard it as hurtful or unconstitutional, yet as long as it is a law he must enforce it. "As the citizen may not elect what laws he will obey neither may the execu- tive elect which he will enforce." Should the President wantonly refuse to execute a law he would be removable by the process of impeachment. THE PRESIDENCY 135 The President's Share in Law-making. While the Presi- dent is bound to carry out laws that have been made whether he is in sympathy with them or not, he at the same time may do much to prevent the enactment of laws obnoxious to himself and much to secure the enactment of favorite measures. His power of prevention lies in the veto. How great this power is may be seen by a simple calculation. A bill may pass in the present House of 435 members by a vote of 218 to 217, and in the Senate by a vote of 49 to 47. Now, if the President should veto the bill it would require 72 more votes in the House and 15 more in the Senate (40) to pass the measure over his veto. The legislative weight of the President's veto, therefore, is nearly one sixth as great as that of Congress itself. In theory the veto is placed in the hands of the Presi- dent solely as a weapon for defending the Constitution and the executive department against the encroachments of the legislature ; it is not placed there for the purpose of making the President a law-maker. Early Presidents acted upon this theory, but Andrew Jackson set the ex- ample of using the veto power to prevent the passage of any measure to which he was opposed; he exercised his in- dependent judgment on every bill which Congress sent to him and vetoed all bills to which he objected, whether his objection rested upon constitutional reasons or upon partizan or personal reasons. In other words, Jackson assumed to share with Congress responsibility for legisla- tion, and his successors in the Presidency have not hesi- tated to use the veto as a real legislative engine. Taking it all in all, however, Presidents have not abused the veto power, and no President is likely to abuse it while Congress is faithful to the Constitution and to the interests of the nation. The President's share in law-making does not end with the negative power of the veto; he possesses several legis- lative powers of a positive nature. In making the laws known as treaties (p. 260) he takes the initiative and is 136 THE AMERICAN GOVERNMENT coordinate with the Senate. By convening Congress in extra session he can present to that body subjects for its special consideration. In annual and special messages he can give his views in respect to needed legislation, and through his influence as a party leader and as a distribu- tor of patronage he can often cause Congress to follow the suggestions contained in his messages. Besides his constitutional means of reaching Congress the President has another convenient method of approach- ing that body. He may, through the secretaries of execu- tive departments, communicate with the committees of Congress and cause them to consider measures in which he is interested. A secretary of the President may not appear on the floor of either House as the advocate of a measure, but he may appear in a committee-room and act as the mouthpiece of the President. When committees in good faith invite an executive officer to appear before them and inform them in reference to certain matters of administration there is no harm done, but if the execu- tive department should impose itself upon the committees there would be encroachment. Succession to the Presidency. A vacancy in the office of President may occur by the death, impeachment or resig- nation of the incumbent, or by his inability to discharge the duties of his office. The Constitution provides a Vice- President . (88) to succeed in the case of a vacancy. If for any reason neither President nor Vice-President can serve, an officer designated by Congress (89) succeeds to the Presidency. Under the presidential succession act of 1886 it is provided that members of the President's cabi- net shall succeed to the Presidency in the following order: (1) The Secretary of State, (2) the Secretary of the Treasury, (8) the Secretary of War, (4) the Attorney- general, (5) the Post-master-general, (6) the Secretary of the Navy, (7) the Secretary of the Interior. The one suc- ceeding to the Presidency serves for the remainder of the THE PRESIDENCY 137 four years, but any one thus succeeding must have the constitutional qualifications. Thus far in our history the only officer who has been called upon to fill a vacancy in the Presidency has been a Vice-President. Five times such a succession has oc- curred, the vacancy each time being caused by death. The office of Vice-President is, therefore, one of great potential importance. In selecting a Vice-President we ought to be almost as careful as we are when we select a President. A party convention, when nominating a candidate for the Vice-Presidency, should keep in mind the interests of the country as well as the interests of a party and refuse to name as candidate for Vice-President any man who would not be likely to acquit himself well in the presidential chair. The President as a Political Personality. The President is the most commanding political personage in the United States. He is not only the fountain of executive energy, he is also the representative of a great people. He reflects the ideals and aspirations and attributes of the American electorate. If the electorate should become vainglorious and selfish and low in its standard of morality, it might place in the presidential chair a man like unto itself. To the honor of our democracy only pure and honest men have been elected to the Presidency, and to the honor of party management no low or vile man has ever been named as a presidential candidate. Voters ought to demand that this high level of personal character in presidential as- pirants be maintained. The Presidency under the Con- stitution is attainable by any natural born citizen (86), but no citizen of smirched reputation or base character should feel that it is within the range of possibility for him to become President, The saneness and goodness of democracy will be assured only so long as it refuses to ally itself with evil — evil men or evil policies. 138 THE AMERICAN GOVERNMENT QUESTIONS ON THE TEXT 1. What methods of electing the President were suggested in the Convention of 1787? Explain the method which was adopted. 2. What were the defects of the original method of electing the President? 3. In what ways may presidential electors be chosen? Why has the present method been adopted in all the States? 4. What are the constitutional powers and duties of the President? What is his greatest duty? 5. Give an account of the share the President has in law-making. 6. In what way, other than constitutional, may the President in- fluence Congress? 7. How is a successor to the Presidency provided? 8. Why should the personality of the President be above reproach? SUGGESTIVE QUESTIONS AND EXEECISES 1. Examine the Constitution for answers to the following questions: What is the length of the President's term of office (79)? What are his qualifications as to residence, citizenship, and age (86)? If neither President nor Vice-President can serve, how is the office of President filled (89)? Can a President have his salary increased (90)? What is the President's oath of office (91) ? 2. Many people think that the President should be elected for a term of six years, and that he should be ineligible for a second term. Discuss this. 3. V/hat are the qualifications for the office of Vice-President? What are the duties of the Vice-President? 4. Name the qualities which should be found in a President. Name the four Presidents who have been the highest embodiment of these qualities. 5. How many Presidents have been elected a second time? Have the Jj second administrations of Presidents generally been successful? ' 6. Is Hhe pardoning power a judicial or an executive function? Is the veto power a legislative or an executive function? 7. Prepare a five-minute paper on ' ' Federal Impeachments. ' ' Woodburn, "American Eepublic, " 231-241; Callahan, "Impeach- ments," in Encyclopedia Americana under article "United States." 8. What Vice-Presidents have succeeded to the Presidency? Of these how many were especially fitted for the higher position? Topics for Special Worh. — The President: 8, 185-226. Presidential Powers and Duties: 2, 36-51. Parliamentary vs. Eepresentative Gov- ernment: 30,192-196. Executive Supremacy : 30,196-202. XIX THE FEDERAL EXECUTIVE DEPARTMENTS The Cabinet. The operations of the executive department of the federal government affect the welfare 'of nearly a hundred millions of people and involve the annual expen- diture of approximately a billion of dollars. Responsi- bility for the smooth and efficient working of the great federal machine rests wholly on the President, but in the supervision of the executive business there must, of course, be division of labor. To assist him in governing, the President summons to his aid assistants known as sec- retaries. Washington began his administration with three secretaries, a Secretary of State, a Secretary of the Trea- sury and a Secretary of War. As the business of govern- ment increased the work of the administration was further divided and new secretaries were brought in. The chief assistants of the President now number ten and are : 1. The Secretary of State. 2. The Secretary of the Treasury. 3. The Secretary of AVar. ^ 4. The Attorney- general. 5. The Postmaster-general. 6. The Secretary of the Navy. 7. The Secretary of the Interior. 8. The Secretary of Agriculture. 9. The Secretary of Commerce. 10. The Secretary of Labor. Each of these secretaries is appointed by the President and is responsible to him for the management of one of the great departments of executive business. At stated times 139 140 THE AMERICAN GOVERNMENT the secretaries meet the President for consultation. This executive council is known as the cabinet. The cabinet as a body has no legal functions and is unknown to the Constitution, although its existence is foreshadowed in the words, "the President may require the opinion in writing of the principal officers in each of the executive depart- ments upon any subject relating to the duties of their respective offices" (93). "Washington, following the let- ter of the Constitution, sometimes communicated with his secretaries individually and required the opinion of each in writing. On many occasions, however, where important matters of administration were to be settled he called his secretaries together around a council board. It is said of Jefferson : ' ' When a question occurred of sufficient magnitude to require the opinion of all the heads of de- partments he called them together, had the subject dis- cussed and a vote taken in which he counted himself as but one." From out of these early meetings of the Presi- dent and his secretaries has grown the cabinet meeting of to-day. The cabinet meets at the White House at the call of the President. Records of its meetings are rarely kept, and the public does not know what takes place at them. The President is not bound to act according to the wishes of the cabinet, nor does he always do so. The function of the cabinet is to discuss and advise; it is for the President to decide and act. The Work of the Departments. It is through his cabinet officers as heads of departments (98) that the President governs. The names of these departments and a brief description of the work done by each will now be given : I. The Department of State under the management of the Secretary of State attends to foreign affairs. It con- ducts the negotiations which lead up to the making of treaties (p. 261), instructs our foreign ministers and con- suls in their duties, extends official courtesies to the min- isters from other countries, gives passports to those in- THE FEDERAL EXECUTIVE DEPARTMENTS 141 tending to travel abroad, protects American citizens in other lands, and transacts all other business arising between our government and other governments. II. The Department of the Treasury under the Secretary of the Treasury manages the financial business of the coun- try. It collects the internal revenue raised from whisky and tobacco (p. 276), the revenue raised from the income tax and the corporation tax, and the custom duties levied on foreign goods (p. 275) ; it attends to the expenditure of money appropriated by Congress; it manages the public debt; it organizes and inspects national banks; it controls the mints and supervises the making of paper money. In addition to its purely financial duties this department controls the life-saving service maintained for the rescue of persons from shipwreck, supervises the construction of public buildings, and manages the marine hospitals main- tained for disabled soldiers. III. The Department of War under the Secretary of War has charge of the land forces. It purchases supplies for the soldiers, controls the transportation of troops, directs the improvements of rivers and harbors, superin- tends the signal service and controls the Military Academy at West Point (p. 357). IV. The Department of Jusiice under the Attorney- general is the law department of the national government. When the President or a member of the cabinet desires legal advice it is furnished by this department. When the government of the United States is interested in a case in court, an officer of the Department of Justice defends or prosecutes the suit. V. The Post-office Department under the Postmaster- general, in addition to collecting, carrying and distribut- ing the mail, maintains a parcel post, manages a system of postal savings-banks, establishes and discontinues post- offices, provides the public with stamps and postal cards, and conducts a money postal-order system by which money may be safely transmitted to all parts of the world (p. 311). 142 THE AMERICAN GOVERNMENT There are about three hundred thousand people employed in this department. VI. The Department of the Navy under the Secretary of the Navy purchases naval supplies, provides for the construction and equipment of vessels, supervises the navy yards and docks, and controls the Naval Academy at Annapolis.^ VII. The Department of the Interior under the Secretary of the Interior has charge of national affairs that are of a purely domestic nature. It examines pension claims and grants pensions, controls Indian affairs, directs the sale of public lands, issues patents and copyrights, superin- tends such educational interests as are of a national con- cern (p. 357), and directs the work of the geological sur- vey. VIII. The Department of Agriculture under the Secre- tary of Agriculture diffuses among the people of the United States useful information on subjects connected with agri- culture in the most general and comprehensive sense of that term, and procures, propagates and distributes among the people new and valuable seeds and plants. IX. The Department of Commerce under the Secretary of Com.merce fosters, promotes and develops foreign and domestic commerce, mining, manufacturing, shipping and fishing industries, and transportation facilities. X. The Department of Lator, under the Secretary of Labor, promotes and develops the welfare of wage earners, and also through the agency of the Children 's Bureau reports upon the welfare of children. The Organization of a Department. Each of the ten de- partments has the control of a vast amount of executive business, and it is necessary to subdivide the work of a department and place an officer at the head of each sub- *For the duties of the Secretary of War and the Secretary of the Navy in times of actual war, see p. 252. THE FEDERAL EXECUTIVE DEPARTMENTS 143 division. A subdivision of a department is usually called a bureau, and the head of a bureau is called a director or commissioner or superintendent. For example, in the de- partment of Commerce there is a Bureau of the Census, a Bureau of Foreign and Domestic Commerce, a Bureau of Standards, a Bureau of Fisheries, a Bureau of Navigation, and a Bureau of Light Houses. "When the work of the secre- tary of a department becomes too heavy for one man he is provided with as many assistant secretaries as may be needful. Executive Work Outside the Departments. A few items of executive business have not been assigned to any one of the ten great departments. The work of the Interstate Commerce Commission (p. 339) is performed by seven com- missioners who act independently of any department. The Civil Service Commission, whose duty is to regulate and improve the civil service of the United States, consists of three commissioners who are responsible directly to the President. The Federal Reserve Board, which consists of the Secretary of the Treasury, the Comptroller of the Cur- rency, and five members appointed by the President, and which controls the organization and operation of the Federal Reserve Banks, is an extra-departmental agency. The Federal Trade Commission, which consists of five com- missioners appointed by the President, and which has for its chief purpose the prevention of unfair methods of competi- tion in commerce, is outside the control of any department. The Board of Mediation and Conciliation, which consists of a commissioner appointed by the President and of two other officers of the Government designated by the President, and which has for its aim the settlement of disputes between the employees of railroads and their own employers, is respon- sible only to the President. The Government Printing Office, the Library of Congress and the Smithsonian Institu- tion are also outside of departmental control. The chief 144 THE AMERICAN GOVERNMENT officers in all these eases of extra-departmental activity are nominated by the President and confirmed by the Senate, just as other principal officers are. The National Civil Service. There are more than four hun- dred and seventy-five thousand persons employed in the exec- utive civil service of the federal government, and every person on the list, from the secretary of a department down, receives his position directly or indirectly from the Presi- dent. Congress creates positions, but it cannot name the persons who are to fill them. It may vest the appointment of inferior officers elsewhere than in the President (98), but it cannot place the appointing power beyond the Presi- dent's reach. Through his secretaries the President's power to appoint extends to all the ramifications of the civil service. And the presidential power to remove is even greater than is his power to appoint. Most of his appointments to the higher offices must be agreed to by the Senate (96), J but in the matter of removal the Senate need not be con- sulted. The President may remove any person employed in the federal executive service at any time for any reason or for no reason. Of course the President cannot give special attention to every case of appointment and removal. In these matters, as in everything else, he must be guided by the heads of the departments. He must also consult with the senators and representatives of the several States, and he must take care to allot to each State a number of appointments pro- portioned to its population. Questions connected with the appointment of the great army of government employees and with the tenure of their employment have received much attention in recent years. It is generally agreed that the incoming President should fill the higher offices wdth men of his own party, for these help to shape public policy and should, there- fore, be members of the political party that is in power. THE FEDERAL EXECUTIVE DEPARTMENTS 145 But should inferior officers, clerks and employees per- forming routine duty also be removed when the admin- istration changes? or should they be allowed to continue in their places so long as they do their work well and conduct themselves properly? For a long time in our history these positions were regarded as the spoils of po- litical warfare, and when a party came newly into power, practically all the employees under the old administration were dismissed and adherents of the victorious party were put into their places. During the last thirty years, how- ever, there has been developing a new policy in respect to civil service. In 1883 Congress provided for the com- petitive examination of a large class of employees in the civil service, and for appointment according to merit rather than according to party affiliation. It also provided that removals shall not be made for political reasons. The rule of appointment according to ascertained merit has been extended until it now reaches almost every depart- ment of the national civil service and embraces about two thirds of all the employees. Appointees under the competi- tive system hold their positions during good behavior and efficient service. No employee, however, is placed beyond the President's power to remove. Note. — The salaries of the principal officers of the federal govern- ment are as follows: President $75,000 Vice-President 12,000 Members of the cabinet 12,000 Chief Justice of the Supreme Court 15,000 Associate Justices of Supreme Court 14,500 Judges of Circuit Courts 7,000 Judges of District Courts 6,000 Eepresentatives 7,500 Senators 7,500 Ambassadors 17,500 Ministers 10,000 Members of Interstate Commerce Commission .... 10,000 Members of Federal Trade Commission 10,000 Members of Federal Eeserve Board 12,000 Heads of Bureaus and Divisions 3,000 to 6,000 146 THE AMERICAN GOVERNMENT QUESTIONS ON THE TEXT 1. Name the officers who form the President's cabinet. What is the function of the cabinet? 2. Give a brief account of the work of each of the nine great federal executive departments. 3. In what manner is an executive department organized? 4. Mention several examples of executive business which does not come under departmental control. 5. To what extent does the President possess the power of appoint- ment? the power of removal? 6. What is the policy of the government in reference to the appoint- ment and the retention of employees? SUGGESTIVE QUESTIONS AND EXEECISES 1. It is often proposed that the members of the cabinet be allowed to appear in Congress and urge upon that body the passage of measures which are desired by the executive. What characteristic principle of our government would such a course violate? 2. What is meant by the words : " To the victor belong the spoils ' ' ? 3. To which of the executive departments would you take a claim for pensions? a request for a passport in foreign countries? an application for a patent? an application for admission to the academy at West Point? a request for a sample of a new kind of seed? an application for a position in the life-saving service? a complaint of ill treatment in a foreign land? a request for a copyright on a book? an application for service as an architect? 4. What is a bureaucracy? 5. Prepare a five-minute paper on "The organization and work of the Department of the Treasury." Consult the "congressional direc- tory," a copy of which may be obtained from your representative in Congress. 6. How could you secure a position as a stenographer in the federal service? Consult report of the Civil Service Commission, a document which may be obtained by writing for it to Washington. Toincs for Special TForfc.— The Cabinet: 8, 227-245; 2, 64-70. For an account of the workings of the several executive departments of the National Government: 16. The Cabinet: 30, 211-218. Civil Service Eeform: 30, 232-237. XX THE FEDERAL JUDICIARY The Independence of the Federal Judiciary. Under the Articles of the Confederation disputes between States as to boundaries and cases involving charges of piracy or felony committed on the high sea could be tried by Con- gress, but since there was no executive to enforce the de- cisions the judicial power of the old government was a mere shadow. The framers of the Constitution completed the machinery of the new government by establishing a judicial department independent of the other departments and equal to them in rank and dignity. They regarded the independence of this third department as of the highest importance. The new federal judges were^to administer jus- tice not only between man and man, but between State and State. Even conflicts of section with section might reach a settlement in the decisions of the federal judiciary. It was necessary, therefore, that a federal judge in render- ing a decision should fear neither the President nor Con- gress, that he should incline neither to this political party nor to that, that he should avoid anything like partiality towards a particular section or locality, that he should be, as far as possible, uninfluenced by personal considerations of any kind. The Constitution does all that can be done to secure an independent judiciary. It is true the Presi- dent appoints the federal judges (96), but once appointed they cannot be removed except for cause (106), and then only by the solemn process of impeachment. Moreover, the salary of a federal judge is secure; it may be increased, but it can never be decreased (106). Indeed, the condi- 147 148 THE AMERICAN GOVERNMENT tions whicli surround the federal judiciary render it as independent as it is possible to make it. The Orgajiization of the Federal Courts. In the adminis- tration of justice there is always a gradation of courts, lower courts for the least important cases, higher courts for the weightier cases and a highest or supreme court. The men of the Convention doubtless had the existing graded system of State courts in mind when they planned for the federal judiciary, but in the Constitution they indicated the organization of the federal courts only in the broadest manner. They provided for the Supreme Court (105) and left the establishment and the gradation of the lower courts to the action of Congress. A Supreme Court there must be, just as there must be a President, but the existence of the lower courts depends upon legis- lation. One of the first things done by the first Congress was to pass (1789) the Judiciary Act by which the Supreme Court and the lower federal courts were organized. This famous law provided that the Supreme Court should consist of a chief justice and five associate justices. The ofiice of Chief Justice is established by the Constitution (22), but the further organization of the Supreme Court rests with Congress. The law of 1789 also created thirteen judicial districts — the boundaries of a district coinciding as a rule with those of a State — in each of which a district judge was to hold a District Court. It then grouped these dis- tricts into larger divisions called circuits — a circuit em- bracing several States. In each judicial circuit a district judge and an associate justice of the Supreme Court were to hold a Circuit Court. The Circuit Court was to be (as its name implies) a wandering court, and was to go from district to district to hold its sessions. The Act of 1789 further created the office of Attorney-general (p. 141) and provided a marshal (sheriff) for each judicial district. Although under the Judiciary Act of 1789 there were * THE FEDERAL JUDICIARY 149 three grades of courts, — the District, the Circuit and the Supreme Court, — there were only two grades of judges, district judges and justices of the Supreme Court. In 1801 Congress provided for sixteen circuit judges for the circuit courts, but through the influence of Jefferson, who was jealous of the power of the federal judiciary, the office of circuit judge was abolished hi the following year. Jeffer- son could not remove the circuit judges, and their salaries could not be taken from them, but the act creating the office could be repealed and was repealed. With the growth of the population and the admission of new States the work of the courts became very heavy, and in 1869 Congress found it necessary to revive the office of circuit judge. It provided for nine circuit judges, one for each of the nine circuits then existing, and at the same time made the Supreme Court to consist of a chief justice and eight associate justices. Each member of the Supreme Court was assigned to one of the nine circuits as its circuit justice. A session of the Circuit Court could now be held by the circuit justice or by a circuit judge or by two of the district judges within the circuit. In practice it was rare that a member of the Supreme Court sat as a circuit justice. In 1891 Congress provided for the appointment of an ad- ditional circuit judge in each circuit, and additions were afterward made in particular circuits. Every circuit now had at least two circuit judges and several circuits had four judges each. The act of 1891, providing for the addi- tional judges, also created a Circuit Court of Appeals de- signed to relieve the Supreme Court of a part of its work. This court consisted of three judges selected from the cir- cuit judges and district judges within the circuit, although one of the three could be the justice of the Supreme Court who was assigned to the circuit. In 1911 Congress abolished the circuit courts, but retained the office of circuit judge and provided that circuit judges should sit as members of the Circuit Court of Appeals. 150 THE AMERICAN GOVERNMENT The federal judiciary, therefore, as organized under the act of 1911, consists of three grades of courts : I. One Hundred and Two District Courts, each with a district judge. The boundaries of a federal judicial district frequently coincide with those of a State, although the larger States are divided into several districts. II. Nine Circuit Courts of Appeal, composed of regular circuit judges and of judges of the other courts, three judges being necessary to try a case. The First Circuit consists of Maine, Massachusetts, New Hampshire, Ehode Island. Second — Connecticut, New York, Vermont. Third — Delaware, New Jersey, Pennsylvania. Fourth — Maryland, North Caro- lina, South Carolina, Virginia, West Virginia. Fifth — Alabama, Flor- ida, Georgia, Louisiana, Mississippi, Texas. Sixth — Kentucky, Michi- gan, Ohio, Tennessee. Seventh — Illinois, Indiana, Wisconsin. Eighth — Arkansas, Colorado, Oklahoma, Iowa, Kansas, Minnesota, Missouri, Nebraska, New Mexico, North Dakota, South Dakota, Utah, Wyoming. Ninth — Alaska, Arizona, California, Idaho, Montana, Nevada, Oregon, Washington, Hawaii. III. The Supreme Court, consisting of the Chief Justice and eight associate justices. This court holds its regular sessions in the Capitol at Washington, sitting from October to July. The presence of at least six judges is required in the trial of a case, and the judgment of a majority is necessary in rendering a decision. The Chief Justice pre- sides at the sessions of the court, but when the court is forming its decision he is on an equality with the other judges. He has but one vote, and that is often cast with the minority. In authority and dignity the Supreme Court of the United States transcends all other judicial tribunals. Federal Courts Outside the Federal System. Exercising federal authority, but not a part of the federal judicial system described above is the Court of Claims, established in 1855 for the purpose of hearing claims founded upon contracts made with the government of the United States. THE FEDERAL JUDICIARY 151 The judgments of this court being against a sovereign state cannot be enforced against the government as judg- ments are enforced against private persons. They are satis- fied out of money appropriated by Congress for the purpose. The Court of Claims holds its sessions in Wash- ington. Other courts outside of the regular federal system are the territorial courts (p. 186), and the courts which have been established by the District of Columbia. These are not the federal courts contemplated in the Constitution; they are ordinary law courts established by Congress in pursuance of its power to govern the Territories (119) and the District of Columbia (61). Their functions correspond to that of the law courts of a State (p. 178). Officers of the Federal Courts. Every district must be supplied with a district attorney, a marshal and a clerk. The district attorney prosecutes and defends in the federal courts suits to which the United States is a party. The marshal is the federal sheriff (p. 198). He executes the judgments and orders of the court. The marshal is the connecting link between the judiciary and the executive. He acts under the order of the court, but in the name of the President. In the enforcement of a decision of the court he may call to his aid a posse of citizens and even the federal army. If the President should refuse to fur- nish the force necessary to execute a decree of the court, he would thereby paralyze the arm of the judiciary. The clerk (appointed by the court) keeps a record of the pro- ceedings of the court. The officers of a district court serve also as officers of a circuit court. District attorneys and marshals are appointed by the President. The Kinds of Cases Tried in the Federal Courts, The Constitution plainly enumerates the kinds of cases that may be tried in the federal courts (Article III, Section 2), The reason for trying these cases by federal authority in- 152 THE AMERICAN GOVERNMENT stead of trying them in State courts have been stated in a decision rendered by John Jay, the first Chief Justice of the Supreme Court: (1) "The judicial power extends to all cases affecting ambassadors, other public ministers, and consuls (107), because, as these officers are of foreign nations, whom this nation is bound to protect and treat according to the laws of nations, cases affecting them ought to be cognizable only by national authority : (2) "To all cases of admiralty and maritime jurisdic- tion (108), because, as the seas are joint property of na- tions, whose rights and privileges relative thereto are regu- lated by the laws of nations and treaties, such cases neces- sarily belong to national jurisdiction: (3) "To controversies to which the United States shall be a party (108) ; because, in cases in which the whole people are interested, it would not be equal or wise to let any one State decide and measure out the justice due to others : (4) "To controversies between two or more States (109) ; because domestic tranquillity requires that the con- tentions of States should be peacefully terminated by a common judicatory, and because, in a free country, justice ought not to depend on the will of either of the litigants: (5) "To controversies between a State and citizens of another State (109) ; because, in case a State — that is, all the citizens of it — has demands against some citizens of another State, it is better that she should prosecute their demands in a national court than in a court of the State to which those citizens belong, the danger of irritation and crimination arising from apprehensions and suspicions of partiality being thereby obviated: (6) "To controversies between citizens of the same State claiming (109) lands under grants of different States; be- cause, as the rights of the two States to grant the land are drawn into question, neither of the two States ought to decide the controversy: THE FEDERAL JUDICIARY 153 (7) ''To controversies between a State, or the citizens thereof, and foreign States, citizens, or subjects (109) ; be- cause, as every nation is responsible for the conduct of its citizens toward other nations, all questions touching the justice due to foreign nations or people ought to be ascer- tained by and depend on national authority." The fifth and seventh classes of cases enumerated above re- quire a word of explanation. In 1793 one Chisholm of South Carolina sued the State of Georgia in the federal courts for the recovery of a claim and won his case. Here a State was dragged into a federal court by an individual from another State. This was resented by the States and the eleventh amendment was speedily adopted (1798), and since its adoption a State cannot be sued against its will in a federal court by a citizen of another State (145). QUESTIONS ON THE TEXT 1. Why is the independence of the federal judiciary important? How is this independence secured? 2. Explain the provisions of the Judiciary Act of 1789. 3. What change w&s made in the organization of the federal judici- ary in 1869? in 1891? 4. Name the four grades of federal courts and tell what judges sit -^ in each of these courts. 5. Give an account of the federal courts which are outside the regular federal system. 6. Name the officers of the federal courts and state the duties of " each. 7. Enumerate the kinds of cases that may be tried in the federal courts and give reasons for trying these cases by federal instead of by State authority. 8. What is the effect of the eleventh amendment? SUGGESTIVE QUESTIONS AND EXERCISES 1. Name three famous men who have been Chief Justices of the Supreme Court, giving a brief sketch of the life of each. 2. What is the number of the federal circuit which holds sessions in your State? What are the boundaries of this circuit? Name the judge of the district in which you live. 154 THE AMERICAN GOVERNMENT 3. What are the salaries of the judges of the several federal courts'? Do these salaries seem to be sufficient? 4. Thomas Jefferson proposed that the terms of the judges of the Supreme Court be limited to four or six years. Discuss the proposition. 5. How many of the present judges of the Supreme Court are Demo- crats? How many are Republicans? Should a President in appointing a judge consider the party affiliations of the appointee? 6. Name the Chief Justice of the federal Supreme Court and the eight associate justices. Topics for Special Work. — The Federal Courts: 2, 167-177. The Courts and the Constitution: 2, 178-187. The Organization of the Courts of the United States: 10, 137-152. The Tenure of Office in the Federal Courts: 30, 250-255. The Character of the Good Judge: 30, 247-250. i XXI THE FEDERAL JUDICIARY AT WORK Explanation of Terms. In the last chapter we learned how the federal courts are organized and what kind of cases come before them to be settled. In this chapter we shall learn how the federal cases are distributed to the several grades of courts, but before we proceed several terms need to be explained. Cases or actions that come before courts are either criminal or civil. A criminal case is one in which a person is tried for crime. In a federal court a person accused of crime is guaranteed a trial by jury (139) in the State within which the crime was committed. A civil case, broadly speaking, is a controversy between private in- dividuals concerning the rights of property. When a civil case is tried before a judge and jury (141) it is a case at law; when a civil case is tried before a judge only, it is a case at equity. The jurisdiction of a court is its power or authority to hear and determine controversies. When a court may deal with an action from its commencement it has original jurisdiction; when it reviews a case that has been tried in a lower court it has appellate jurisdiction; when a case may be tried either in one court or another the two courts are said to have concurrent jurisdiction; when a case is carried from a lower court to a higher one to be heard, an appeal is said to be taken. The Jurisdiction of the Three Grades of Federal Courts. The jurisdiction of the several classes of federal courts has been determined from time to time by acts of Congress 155 156 THE AMERICAN GOVERNMENT (110). Congress cannot increase or diminish the federal judicial power, but with the exception of certain specified cases where jurisdiction is provided in the Constitution (110) it can assign to each of the several courts its own peculiar jurisdiction. Under the act of 1911 the jurisdiction of the three grades of courts was distributed as follows : I. The Jurisdiction of the District Courts. The District Court has original jurisdiction in nearly all those classes of cases both civil and criminal which arise under the laws of the United States. In this court are tried admiralty and maritime cases, counterfeit cases, copyright and patent cases, cases arising under the postal laws, under the revenue laws, under the pure-food law, under the public-land laws, under the laws regulating immigration and naturalization, under the interstate commerce laws. Cases involving controversies between citizens of different States may also be tried in the District Court when the defendant in such a case so desires. In fact almost every kind of case cognizable by the authority of the United States is tried in the first instance in the Dis- trict Court. A case appealed from a District Court is car- ried either to the Circuit Court of Appeals or to the Supreme Court. II. The Jurisdiction of the Circuit Court of Appeals. This court, as would be inferred from its name, has appellate jurisdiction only. As we have seen, it was established for the purpose of trying certain classes of cases which had hitherto been tried by the Supreme Court. With this purpose in view Congress has provided that all appeals from the District Court shall be taken directly to the Circuit Court of Appeals, except in the five following instances : (1) When the case in- volves a question of jurisdiction; (2) when it involves the construction of the Constitution of the United States; (3) when it involves a question of the constitutionality of a law ; (4) when it involves the construction of a treaty; (5) when it involves conviction for higher crimes. These excepted classes of appeals must be taken direct from the District I ' THE FEDERAL JUDICIARY AT WORK 157 Court to the Supreme Court. In all other cases than these the appeal lies to the Circuit Court of Appeals. The de- cisions of this court are made final in certain enumerated classes of cases, including copyright, patent and admiralty cases, thus relieving the Supreme Court entirely of those cases. The cases not enumerated as final are still appealable to the Supreme Court. III. The Jurisdiction of the Supreme Court. This great tribunal has original jurisdiction in all cases affecting am- bassadors, ministers and consuls, and in those cases in which a State is one of the parties to the controversy (110). Its appellate jurisdiction includes certain cases which are brought up to it from the Circuit Court of Appeals, and all those cases which must be brought to it direct from Ihe District Court. As there is no higher tribunal a de- cision of the Supreme Court of the United States is ac- cepted as being the law of the land. The Supreme Court and the Constitution. The Supreme Court has been called "the guardian of the Constitution." Of course the real guardian of the Constitution is the elec- torate, yet the Supreme Court may do much and has done much to preserve our fundamental law in its integrity. The place of the Supreme Court as a defender of the Con- stitution is seen in its power to declare as void and with- out force all acts which are repugnant to the Constitution. If a State law or a law of Congress seems to the Supreme Court to conflict with the Constitution, that tribunal, when a case arising under the law is brought before it, will declare the law unconstitutional, and its existence will be blotted out. "When a statute is adjudged to be unconstitutional it is as if it had never been. Rights cannot be brought up under it; contracts which depend upon it for their con- sideration are void; it constitutes a protection to no one who has acted under it, and no one can be punished for having refused obedience to it before the decision was made." (Cooley.) 158 THE AMERICAN GOVERNMENT When the Supreme Court declares an act of Congress unconstitutional we see the judiciary undoing the work of the legislature, and at first sight we are inclined to accuse the judiciary of assuming more power than belongs to it. But when we look at the matter closely we find that this is not so. Courts of law, whether low or high, are established to settle disputes between litigants. They do not seek cases, but wait until cases are brought to them. The Missouri Compromise was placed on the statute books in 1820, but it was not until 1857 that it was declared un- constitutional. When a case is brought into court the judge must settle it strictly according to the law. His will, his opinion, his prejudices, his preferences, must not enter into his decision. Now there are four kinds of laws in the United States which every judge, high or low, must consider when rendering a decision, viz., (1) laws of the State, whether made by the legislature or through the initiative and referendum, (2) the State constitution, (3) the laws of Congress, and (4) the federal Constitution. The court, whether the Supreme Court of the United States or the petty town court, has these laws before it when it decides a case, and if there is a conflict between two laws the lower law must give way. If the conflict is between a law of Congress and the Constitution of the United States the former must give way because the Constitution is the su- preme law of the land (127). So when the Supreme Court decides that a law of Congress is unconstitutional it does only what a justice of the peace might do: it selects from conflicting laws the law of greatest authority and ren- ders a decision in accordance with this highest law. There is, however, this great difference between a justice of the peace declaring a law of Congress unconstitutional and a similar decision of the federal Supreme Court ; there is an appeal from the decision of the justice, but there is no ap- peal from the decision of the Supreme Court. The reasons for reposing in courts the power to declare acts of legislatures null and void are to be sought in the THE FEDERAL JUDICIARY AT WORK 159 principles which underlie a government whose powers are enumerated in a written constitution. These reasons are set forth with wonderful clearness in a celebrated decision^ of the great Marshall: "The original and supreme will (the people) organizes and assigns to different departments their respective powers. The powers of the legislature are defined and limited; that these limits may not be mis- taken or forgotten the Constitution is written. To what purpose are powers limited, and to what purpose is that limitation committed to writing, if these limits may at any time be passed by those intended to be restrained? Certainly all those who have framed written constitutions contemplate them as the fundamental paramount law of the nation, and consequently the theme of every such gov- ernment must be that an act of the legislature repugnant to the constitution is void. It is emphatically the prov- ince and duty of the judicial department to say what the law is. If a law be in opposition to the Constitution the court must either decide the case conformably to the law disregarding the Constitution or conformably to the Con- stitution disregarding the law. The court must determine which of the conflicting rules governs the case. This is the very essence of the judicial duty. The courts cannot close their eyes to the Constitution and see only the law. This doctrine would subvert the very foundation of all written constitutions. It would be giving to the legis- lature a practical and real omnipotence with the same breath which professes to restrict their powers within narrow limits. It is prescribing limits and declaring that these limits may be passed at pleasure." This reasoning alarmed those who were opposed to a strong central government, for they saw in the doctrine of the chief justice an attack not only upon the rights of Congress but upon the rights of the States as well. If the Supreme Court could set aside an act of the federal legis- lature with greater ease could it set aside an act of a State ^ Marbury vs. Madison. 160 THE AMERICAN GOVERNMENT legislature or a clause of a State constitution, and if it could do this what would become of the rights of the State? Marshall was attacked bitterly by the opposition, but he stood by his guns and in decision after decision he con- tinued for more than thirty years to assert the supremacy of the federal Constitution and to declare void any law that was repugnant to it. In this he was supported by public opinion, and his doctrine became embedded in the thoughts of the people as a cardinal tenet, of American political faith. In the one hundred and twenty-five years of its existence the Supreme Court has pronounced thirty- three acts of Congress and more than two hundred and twenty State laws to be in conflict with the Constitution. The Supreme Court and the People. When the Supreme Court renders a decision in a case the litigants must obey and the whole body of the American people must com- pletely and peacefully acquiesce in the decision. This does not mean, and it ought not to be regarded as meaning, that the Supreme Court has the last word on any and every constitutional question, and that its decisions shall be binding forever and forever. The last word is always with the people. The Supreme Court when expressing an opinion simply utters the will of the people as it is expressed in the Constitution. If the people do not like the sound of their own voice, if they are no longer satisfied with their Constitution, they can amend it. When they shall have amended it the Supreme Court will instantly recognize the amendment as the supreme law of the land and will render judgment in accordance with the letter and spirit of the amendment. QUESTIONS ON THE TEXT 1. What is a criminal case? A civil case? A case in equity? What is meant by original jurisdiction? concurrent jurisdiction? 2. How is the jurisdiction of the federal courts determined? THE FEDERAL JUDICIARY AT WORK 161 3. In what cases has the District Court jurisdiction? The Circuit Court? The Circuit Court of Appeals? The Supreme Court? 4. What is the effect of declaring a statute to be unconstitutional? 5. What four kinds of laws must be considered by every judge? 6. What are the reasons given by Marshall to sustain the power of the Supreme Court, to declare an act of Congress unconstitutional? 7. What has been the result of Marshall's decision? 8. In what relation does the Supreme Court stand to the people? SUGGESTIVE QUESTIONS AND EXERCISES 1. Give an account of two famous decisions of the Supreme Court of the United States. 2. If Congress should pass a law that the people wanted and the Supreme Court should set the law aside, what remedy have the people? 3. Explain each of the following checks and balances mentioned by John Adams: * (1) The House of Representatives is balanced against the Senate and the Senate against the House of Representatives. (2) The Executive authority is balanced against the legislature. (3) The judiciary power is balanced against the House, the Sen- ate, the executive power and the State governments. (4) The Senate is balanced against the President in all appoint- ments of office and in all treaties. (5) The people are balanced against their representatives by bi- ennial elections. (6) The legislature of the several States are balanced against the Senate by sextennial elections. (7) The electors [presidential] are balanced against the people in the choice of president. Topics for Special Worh.— The Workings of the Courts: 2, 188-200. The Judicial Power of Declaring what has the Form of Law not to be Law: 10, 98-125; also 30, 250-255. ^ Works, Vol. VI, 407-408. XXII THE STATE LEGISLATUKE Introductory. In this chapter and the two chapters that follow we shall discuss the organization of the State gov- ernment. As we have already learned (p. 55), one State is quite like another in its political characteristics. No State, however, is precisely like another, and the organ- ization of the government of any particular State can be learned in detail only from the constitution of that State. All that a text-book can do, therefore, is to treat the sub- ject in a general way. The particular facts may be learned by answering the questions which refer to the State con- stitution. The Origin of State Legislatures. The first legislature that ever sat in America met in Jamestown, Virginia, in 1619. This was the Virginia House of Burgesses, in which eleven settlements, which the planters were pleased to call boroughs, were represented. Two years later Virginia had a governor, an advisory council, and a legislative assem- bly. This was the type of all succeeding colonial govern- ments. At the time of the Eevolution, in all the colonies the legislature was elected by the people, and in all but two (Pennsylvania and Georgia) it consisted of an upper and a lower house.^ When the colonies assumed the rank of States the new legislatures were modeled faithfully ^ The federal Constitution assumes (4) but does not require that the State legislature shall consist of more than one branch, Georgia in 1789, Pennsylvania in 1790, and Vermont in 1836 changed to the bicameral system. 162 THE STATE LEGISLATURE 163 after the old. The legislatures of the United States have invariably been fashioned after those already in exist- ence. General Features of State Legislatures. In outward form, at least, the legislature of one State, although it may be widely separated by distance, and although it is created independently, is very much like that of another State. All legislatures meet at the State capital; the upper house is always called the Senate and is always about one third as large as the lower house, which is usually called the House of Eepresentatives ; in all the States members must reside in the district which they represent; in all but eight States the legislature meets every two years ; in all the States the compensation of members is the same for both houses ; in forty-seven States a law passed by the legislature can be vetoed by the governor, and the veto can be overcome by a majority vote, or by a three-fifths or a two-thirds vote, of both houses; in every State each house is the judge of the qualifications and election of its own members; in nearly every State members of both houses are apportioned strictly according to population. The Passage of Bills. Upon assembling, each house of a newly elected legislature elects its presiding officer. In the lower house this officer is called the speaker; in the Senate he is called chairman or president. In some States there is a lieutenant-governor, who presides in the Sen- ate but does not vote except when there is a tie. As soon as a clerk, a sergeant-at-arms, doorkeepers, messengers and other minor officers have been elected the presiding officer of each house announces the committees, which are as numerous as the interests and subjects that engage the attention of the legislature, the most important being those on finance, corporations, municipalities, the judi- ciary, appropriations, elections, education, labor, manufac- tures, agriculture, railroads. The committees are agencies 164 THE AMERICAN GOVERNMENT of the utmost importance, for they are the channels through which all legislation must pass. Any proposed law, called a bill, immediately after it is introduced and read, is referred to its proper committee. The committee considers the bill in a private room where citizens may appear to defend or oppose it, and if it thinks the bill ought not to become a law it reports it unfavorably, and thus usually kills it. It is possible to pass a bill after it has been thus unfavorably reported, but this is rarely done. The judgment of the committee is practically final. If the bill is reported favorably its title is read and it is allowed to pass upon its second reading. In its regular order it comes up for its third and last reading. Now it is read in full, amended, perhaps, and voted upon. If it fails to get a majority of the votes that is probably the last of it. If it receives a majority of the votes it is sent to the other branch to be acted upon. Here it is referred by the presiding officer to its proper committee, is read three times upon three different days, is fully discussed upon its last reading, and is then voted upon. If it passes without amendments made in this second branch it goes to the governor to be signed by him. If it passes with amendment it must be returned to the house in which it originated to be voted upon in its amended form. If it passes in the house in that form it becomes, as far as the legislature is concerned, a law. If there is trouble over the amendment a joint committee, or conference committee, consisting of three members from each house, is appointed to see what can be done to settle the matter. The action of this committee, if it reaches an agreement, is usually ac- cepted by both houses. A bill may originate in either house, but, as a rule, bills for raising revenue must originate in the lower house, because this branch is supposed to be closer to the taxpayers. After a bill has passed both houses it is sent to the gov- ernor for his approval. In order to guard against hasty and unwise legislation, and especially against encroach- THE STATE LEGISLATURE 165 ments of the legislature upon the other two departments, the governor, like the President of the United States, can (in all but one State) forbid the passage of a bill by his veto. When he does this he sends the bill back, with his objections stated in writing, to that branch of the legisla- ture that sent it to him. The bill may be voted upon again, and if it can secure the number of votes required by the constitution in such cases it becomes a law in spite of the governor's veto. The Importance of State Legislation, We have seen how wide is the range of power reserved to the State govern- ment (p. 56). The State legislature determines how these powers are to be exercised. The only limitations of its power are those imposed by the constitution of the State, and by the Constitution, laws and treaties of the United States (127). Within these limits it is at liberty to enact laws upon any subject that may come within the scope of governmental authority. The powers of Congress are enumerated; the powers of a State legislature are innumer- able. When we say that a State legislature grants charters to cities, boroughs, towns, villages, railroads, banks, col- leges, seminaries, and other institutions public and private; that it defines the boundaries of counties and towns ; that it regulates taxes, licenses, fees; that it enacts pimishment for treason, murder, arson, theft, kidnapping, bribery, forgery, fraud, perjury, and other crimes; that it makes laws con- cerning the sale of land, the giving of mortgages, the grant- ing of deeds, the making of wills, the settlement of the estates of bankrupts, the management of the estates of the dead; concerning education, charity, health, marriage, divorce; concerning voting and elections; concerning steamboats, canals, telegraph, and telephone companies; concerning farming, fishing, mining, manufacturing, trad- ing, — when we say this much of the legislature, we may make it plain that its authority is very great, but we by no means exhaust the list of things it does. 166 THE AMERICAN GOVERNMENT The State Legislature and the State Constitution. There is a tendency in recent years to strip the legislature of some of its power by inserting into the constitution, either by way of amendment or in constitutional convention, specific provisions concerning such matters as the manage- ment of railroads, the sale of intoxicating drinks, the chartering of corporations. The constitution of one State prescribes to the legislature how it shall purchase its sta- tionery, as if this body could not be trusted to do this wisely. It is quite certain that a constitution is not the place for such special provisions. A constitution should mark out a path for legislation, but should not contain the laws themselves. A legislature should be restrained by the constitution in all fundamental matters, in all mat- ters that involve the framework of government and the principles of civil liberty, but in all other matters it should be given a wide discretion. Frequently a legislature is so hampered by the constitution that it cannot pass needful laws. When this is the case there have been placed in the constitution items of a non-constitutional nature. These details are placed in the constitution beyond the reach of the legislature because of the distrust that has overtaken that body. For many years in private con- versation, in newspapers and in books, on the platform and in the pulpit, law-makers have been denounced as grasping, stupid and corrupt. It has become almost a fixed habit for the American people to abuse their legislatures. The habit is unreasonable and unjust: unreasonable, be- cause the legislatures, taking them one after another through a considerable period of time, fairly represent the people who elect them; unjust, because, as a matter of fact, no legislature is largely stupid or corrupt. In all legislatures the average ability of membership is high, and in the worst legislature an overwhelming majority of the members are honest men. Perhaps the quality of our law-making bodies would be improved if we would trust them more and stop scolding THE STATE LEGISLATURE 167 them and calling them bad names. Censure and distrust will only make them worse; honor and respect would tend to elevate them. It is true that if you treat people as if they were better they will be better ; it is equally true that if you treat them as if they were worse they will be worse. The Initiative and Referendum. As a remedy for the real and supposed shortcomings of the State legislatures many students of political science urge the use of the political device known as the "initiative and referendum." The imtiative enables the people to propose a»law to the legis- lature; the referendum enables them to vote upon a law which they have commanded the legislature to refer to them. Where the initiative and referendum are in use a certain per cent, of the voters may propose to the legis- lature a measure which must be enacted by that body as a law and then be referred back to the people to be voted upon. Further, where this system prevails, a certain per cent, of the voters may demand that a law which the legislature has passed be referred to the people, although it be a law which was not at first proposed by the people. Thus by means of the initiative and referendum the voters, if they choose, can participate directly in the work of law-making. The referendum in one form or another has been in use in the United States from the beginning. Every State con- stitution that provides for the submission of amendments to a popular vote recognizes the principle of referendum. The principle is also quite generaly recognized where such mat- ters as the incurring of debt or the selling of intoxicants are concerned. Direct legislation is provided for in South Dakota, Oregon, Oklahoma, JMaine, Missouri, California, Colorado, Ohio, Idaho, Nebraska, Washington, Montana, New Mexico, Michigan, Arkansas and Arizona. The constitution of South Dakota Says: The people expressly reserve to themselves the right to propose meas- ures which measures the legislature shall enact aud submit to a vote 168 THE AMERICAN GOVERNMENT of the electors of the State, and the people reserve to themselves the right to require that any law VFhich the legislature may have enacted shall be submitted to a vote of the electors of the State before it goes into effect.^ In Switzerland, where the people have had centuries of training in public affairs, direct legislation has been a success. In the United States it is probable that the initia- tive and referendum will succeed only in those States where the people by instinct and tradition are intensely democratic, where the popular interest in public affairs is keen, universal and sustained, and where the average of popular intelligence is very high. QUESTIONS ON THE TEXT 1. What has been the historical development of State legislatures? 2. In what respect do the legislatures of the different States resemble each other? 3. Give a general account of the organization of a State legislature. 4. How does a bill become a law? 5. Upon what subjects may the legislature pass laws? 6. In what way is the action of legislators sometimes hampered? 7. Give reasons why the constitution should not fetter the legislature in respect to small matters? 8. Why should legislatures receive the support of public opinion? 9. What is the ' ' initiative and referendum " ? To what extent is this system of legislation in use in the United States? SUGGESTIVE QUESTIONS AND EXEECISES (Answers to many questions in this chapter and also in several of the following chapters may be found in the State constitution.) 1. What is the name of the lower house of the legislature of this State? What is the name of the legislature taken as a whole? Where and how often does the legislature meet? 2. What are the qualifications of senators in this State as to age, citizenship and residence? What are the qualifications of members of the lower house? Under what circumstances is a person disqualified for membership in the legislature? What pay do the members of the legislature receive for their services? 3. What is the nature of the oath taken by a member of the legis- lature in this State? ^ Five per cent, of the qualified voters may invoke either the initiative or the referendum. f THE STATE LEGISLATURE 169 4. What provision does the constitution make in respect to the num- ber of senators? In what manner are the senators apportioned to the cities and counties? What provision is made in respect to the number of representatives? How are they apportioned to the cities and coun- ties? Is there any question as to the fairness of this method of ap- portionment in this State? If the method is unjust how may a remedy be found? 5. Describe the manner in which each of the houses is called to order and organized on the first day of a session. What constitutes a quorum in each house? How may a person who is disorderly or disre- spectful in the presence of the senate or the lower house be punished? Does the legislature sit in secret or in open session? 6. In whose name are the laws of the State enacted? Describe the passage of a bill from the time it is introduced until it becomes a law. To what extent is the initiative and referendum recognized in the con- stitution of the State? 7. (In many States the constitution forbids the legislature to pass special laws in reference to certain enumerated subjects, that is, when it passes a law in reference to any one of such subjects the law must operate not upon certain specified individuals or localities, but must be uniform in its operation throughout the State.) Name the subjects upon which the legislature of this State is not permitted to pass special laws. 8. Describe the process of impeachment in this State. How may a member of the legislature be punished for unfaithful service? 9. What general prohibitions are placed upon the powers of the legislature of this State by the constitution? Does it seem that some of these prohibitions are unreasonable? 10. Bound the senatorial district in which you live and name your State senator. 11. Is the capital of this State conveniently located? How can its location be changed? 12. Discuss fully each of the following sentences: (a) For good or for evil the legislature affects us in almost every relation of daily life. (6) When the people generally condemn their legislators they virtually condemn themselves, (c) We cannot elect able and skilful legislators; we can elect able and prudent men and reelect them until they become able and skilful legislators, (d) The position of the law-maker is a difficult one, for he must try to promote the interest of his locality and also the general welfare, and these often clash, (e) When we hear that legislators have received bribes a part of our indignation should be hurled against those who have given bribes. Topics for Special Worlv. — Procedure in State Legislature: 7, 183- 195. Influencing Legislative Action: 7, 275-298. The Workings of State Government: 2, 366-378. The Initiative and Eeferendum: 5, 432-435 J also 30, 295-302. XXIII THE STATE EXECUTIVE The Distribution of Executive Functions. The adminis- tration of a State differs considerably from that of the nation. In the administration of the federal government great power is given to the President. He appoints the heads of the departments and, directly or indirectly, al- most all subordinate officers. His responsibility is, of course, as great as his power. If the administration of the affairs of the United States is successful the President receives the credit; if it is ill-fated he receives the censure. It is not thus in the State. The execution of the laws of a State is not given to one person or to one body of persons, but is intrusted to various officials and various bodies. The greater part of the public business in a State is administered by local governments, by cities and town- ships and counties (p. 195.) Those laws which pertain to special branches of State administration are distributed to State officers and State boards to be executed, and very often these officers and boards are elected by the people and are not responsible to a higher authority for their conduct. Cases of gross wrong-doing on the part of these high officials, however, may be reached by the legislature through the process of impeachment. The Executive Departments. The State officers and boards whose duties consist in managing special branches of the State's business constitute the executive department. Since this department is organized according to the par- ticular needs of each State, we are prepared to find it dif- 170 THE STATE EXECUTIVE 171 fering in its details in the several States. The outlines of the executive department, nevertheless, are nearly the same in all the States. Every State has a governor (thirty- three States have a lieutenant-governor), a secretary of state and a treasurer ; almost every State has a comptroller, or auditor, an attorney-general and a superintendent of education. The length of the terms of service of these offi- cers, the manner of their election or appointment, and their qualifications and salaries are regulated by the con- stitution or by statute. Their duties, which do not vary widely from State to State, are as follows: I. The Governor. (1) The first duty of the governor is to take care that the laws are faithfully executed. This may mean much or little. In reference to private law, the law that regulates the relations between man and man, and in reference to the peace and good order of the State, it means much, for the governor is commander-in-chief of the military forces of the State, and he can call upon the soldiers to assist him in enforcing the judgment of a court or in suppressing riots and disorderly proceedings (p. 253). In reference to the laws regulating the business of the special departments it frequently means but little, for, as we have seen, the officers of these departments are often elected independently of the governor and are themselves the authorized executors of the laws relating to their respective departments, and whether they administer the law well or ill the governor has no control over them. (2) Another duty of the governor is to transmit to the legislature a message, informing it of the condition of af- fairs within the State and suggesting such legislation as he may deem wise. The legislature, however, is not bound to follow the suggestions made in the message or even to consider them. If the legislature is not in session and the governor thinks certain legislation urgent, he may sum- mon it to meet in extra session and lay before it the meas- ures that demand immediate consideration. (3) In many States the governor has the pardoning 172 THE AMERICAN GOVERNMENT power which it is his duty to exercise when he thinks a person has been unjustly convicted of crime. His pardon may be absolute or he may commute the punishment. For good reason he may grant reprieves. In a few States the power of pardon, commutation and reprieve is not left to the governor, but is vested in a special body of officers known as the board of pardons. (4) In every State it is the duty of the governor to appoint many officials whose selection is not otherwise pro- vided for. When an elective official dies or resigns before his term ends the governor fills the vacancy by appointing some one to serve until another election is held. When vacancies occur in the representation of the State in Con- gress, he issues writs for a new election (12, 162). In the case of a vacancy in the Senate he may make a temporary appointment, if so authorized by the legislature (162). (5) It is the duty of the governor to check hasty or cor- rupt or unwise legislation by interposing his veto. Ex- perience seems to prove that the possession of the veto power enables the governor to exercise a wholesome re- straint upon the legislature, and accordingly the veto power is given to him in all the States but one. (6) The governor performs numerous social duties. He opens fairs, dedicates public buildings, presents diplomas to the graduates of normal schools and colleges, and honors important celebrations and meetings with his presence. II. The Lieutenani-governor. This officer serves when the governor is out of the State or is incapacitated for duty. He is ex officio president of the Senate, and when a vacancy occurs in the governorship he succeeds to the office. In those States where there is no lieutenant-gov- ernor the president of the Senate usually succeeds to the governorship in case of a vacancy. III. The secretary of state records the official acts of the governor and files the laws passed by the legislature. He has charge of all State papers, of the journals of the legis- lature, and of the historical documents, statuary, paintings, THE STATE EXECUTIVE 173 relics, etc., owned by the State. This officer may properly be called the chief clerk of the executive department. IV. The State comptroller or auditor manages the finan- cial business of the State. He prepares plans for the im- provement and management of revenue, reports estimates of the revenue and expenditure of the State, and enforces the prompt collection of taxes. He keeps an account of all the money paid into the treasury and all drawn from it. Not a dollar can be taken from the treasury without his order. As a rule it is his duty to see that those charged with the collection of revenue of the State are responsible persons and are properly bonded. In a few States the comptroller serves on one or more State boards. V. The State treasurer has in his keeping the money paid into the State treasury. His principal duties are to receive the State funds, place them where they will be safe, and pay them out as he is ordered by the comptroller. Like the comptroller, the treasurer sometimes serves upon State boards. VI. The attorney-general is the law officer of the State. He appears in court for the State when it needs the services of a lawyer, and he gives legal advice to executive officers when he is caUed upon to do so. VII. The superintendent of puMic instruction stands at the head of the public-school system of the State. He reports to the governor or to the legislature the condition of educational affairs throughout the State, visits teach- ers' institutes and other educational meetings, and delivers lectures upon educational topics, inspects schools, suggests methods of teaching and courses of instruction and pro- motes the cause of education in many ways. In some States he prescribes the qualifications of teachers and issues their certificates, and supervises the distribution of the school funds. In a few States the executive authority in refer- ence to the public schools is vested in the State Board of Education. Where this is the case the superintendent of instruction is simply an agent of the board. 174 THE AMERICAN GOVERNMENT The above officers are found in almost every State. The governor and lieutenant-governor are always elected by the people, but the method of choosing the others varies; sometimes the people elect, sometimes the governor ap- points and sometimes the legislature elects. In addition to these principal officers we find in the different States such minor officers and boards as special conditions may require. The titles of these suggest the nature of their duties and may be mentioned without comment: State insurance commissioner ; State librarian ; State commissioner of agriculture; State inspector of mines; State commissioner of immigra- tion; State surveyor; State tax commissioner; State fire marshal; State factory inspector; State commissioner of fisheries; State dairy inspec- tor; State inspector of steam boilers; adjutant-general; State vaccine physician; State board of health; State board of medical examiners; State board of public works; State board of dentistry; State board of railroad commissioners; State board of public utilities; State liquor license commissioners; State board of charities; State board of par- dons. No State has aU of the above officers, but every State has a few of them. Besides the major and minor officials that have been mentioned there are in the service of the State such assistants, secretaries, clerks and employees of various kinds as may be necessary for the efficient working of the several departments. The Concentration of Power in the Hands of the Governor. Many writers criticise the organization of the executive departments of our State governments. The powers ac- corded to the governor seem to them to be entirely too small. They contend (1) that the chief State officials should not be the governor's colleagues, each managing his part of the State's business to suit himself, but that they should be his subordinate and dependent assistants; (2) that if you scatter power, you scatter and weaken responsibility; (3) that if you will place the whole power of administra- tion in the hands of the governor, giving him the appoint- ment of all State officials and the power of removing them, THE STATE EXECUTIVE 175 you will have better government, for you will have a person (the governor) Avhom you can hold responsible. Others object to such a concentration of power in the governor's hands, claiming: (1) that the mischief that could be done by a bad governor with great powers might easily prove to be greater than our present evils, which are really not great; (2) that we should not risk giving the most extensive power to one man unless we are sure that the man has knowledge and skill co-extensive with his powers — in other words, that omnipotence implies omni- science; (3) that concentration of great power in the hands of rulers has not in the past worked for the happiness of mankind. QUESTIONS ON THE TEXT 1. How are the executive functions of the State government dis- tributed? 2. Name the State officials that are found in almost every State. 3. What are the duties of the governor? 4. What are the duties of the lieutenant-governor? of the secretary of State? of the State comptroller? of the State treasurer? of the attorney-general? of the superintendent of public instruction? 5. Name some of the minor officers of the State executive department. 6. What services are rendered by the State executive department? 7. Give reasons for and against the concentration of power in the hands of the governor. SUGGESTIVE QUESTIONS AND EXEECISES 1. Which of the higher officials of this State mentioned in the text derive their authority from the constitution? From what source do the others derive their authority? 2. State the qualifications, term of office, salary and chief duties of the several State officials provided for in the constitution; also state which of these are elected by the people and which are appointed. 3. Which of the minor officials mentioned in the text are found in this State? Why do not all the States have minor officials of the same character? 4. Has the governor of this State the veto power? If so, how may his veto be overcome? 5. Under what circumstances may the governor remove an official? 6. Is the tendency in this State to give much or little power to the governor? Is this tendency fortunate or unfortunate? 176 THE AMERICAN GOVERNMENT 7. Name the chief executive officials of this State. In what sense are these officers representatives? 8. What are some of the qualifications of a good governor? a good comptroller? a good attorney-general? a good State superintendent of instruction? 9. Has the governor of this State the pardoning power? Is the pardoning power an executive or a judicial function? 10. In which of the three departments of the government of this State do the people take the most pride? In which do they take the least pride? 11. What officers of this State would be best fitted to serve as the President of the United States? What officer would be best fitted to serve in the President's cabinet? 12. What provision is made in the constitution of this State for the impeachment of officers? Compare the process of impeachment with the procedure of the recall (p. 23). 13. Fill out the following scheme for the executive department of the State: Name? Appointed OR Elected? Term op Office? Salary? Duties? Governor Lieutenant- Governor Secretary of State Treasurer Comptroller or Auditor Attorney - General Superintendent of Education Topics for Special Work.— The Power of Pardon: 8, 83-92. The Governor 's Part in Legislation : 8,181-184. The State Governor: 30, 271-275. Public Service Commissions: 30, 275-281. XXIV THE STATE JUDICIARY The Selection of the State Judiciary. Under England's rule each colony had its own judicial system. The judges —excepting those of Rhode Island and Connecticut — were appointed by the colonial governor. After independence was declared each State retained the system of courts to which it had been accustomed, but under the new constitu- tions eight States vested the election of judges in the legislature, while five gave the appointment of them to the governor. Early in the nineteenth century, Georgia, ven- turing upon a policy hitherto unknown in the history of politics, entrusted the election of its judges to the people. As democracy grew stronger the people began to demand the privilege of electing their judges as well as their other officers, and the example set by Georgia came to be gen- erally followed, especially in the new States. At the pres- ent time in more than three fourths of the States the judges are chosen by the voters. In the other States they are either appointed by the governor or chosen by the legislature. The Several Grades of State Courts. The names of the several grades of State courts and the jurisdiction of each, the method of choosing the judges, their qualifications, their salaries, their term and tenure of office, and other important matters pertaining to the judiciary are usually prescribed in the State constitution. Since the judicial department of a State is organized in accordance with the necessities and traditions of a par- 178 THE AMERICAN GOVERNMENT ticular region, we must not expect to find the system of any two States precisely alike. The work of a State court, however, is everywhere the same: it administers justice in cases that come within the scope of State laws, and these are the laws which relate to most of the affairs of daily life (p. 56). In the administration of justice in the State it has been found convenient in all the States to have at least three grades of courts : I. The Justice's Court. This court, the lowest in the series, is held by a justice of the peace and may be called the court of the neighborhood, for in every community it is near at hand to administer justice in small affairs. In it are tried petty misdemeanors and civil cases involving small sums of money. In the trial of trivial offenses and of civil cases involving but a small sum of money the decision of the court is usually final, but when its judgment inflicts a severe penalty or involves a considerable sum of money an appeal may be taken to a higher court. In cities, police courts, sometimes called municipal, some- times magistrates', courts, are often established for petty criminal cases. "Wliere the police court exists side by side with the justice's court the latter tries only civil cases. II. The Circuit or District Court} This is the tribunal next above the justice's court, and it may be called the court of the county, for it is held in every county at the county-seat. It must not be understood, however, that the jurisdiction of the judges of this court is limited to a single county. A circuit (or district) usually includes several counties, and the judges of a circuit go from county to county to hold court. In rural districts this court tries both civil and criminal cases, but in the larger cities there ^ This tribunal is called the circuit court in 19 States, the district court in 12 States, the superior court in 9 States, the court of common pleas and oyer and terminer in 2 States, the court of general sessions in one State, and the county court in one State. The student should be careful not to confuse the circuit or district court of the State with the circuit and district courts of the federal system. , THE STATE JUDICIARY 179 is generally a criminal court of corresponding grade for the trial of the criminal cases. These courts of the second grade are the centres of most of the judicial activity of the State. In them are tried the weightier cases of the law. They review the cases appealed from the justice's court and they have original jurisdiction in serious criminal cases and in important civil cases. It is in these courts, too, that the jury figures most prom- inently as an agency of justice. Juries are of two kinds, grand and petit. The grand jury is a body of men vary- ing from 12 to 23 in number, chosen by court officials to inquire whether there have been any violations of the law in the community and to determine whether or not these persons under suspicion should come up for trial. When making an inquiry into a criminal charge the grand jury sits in secret and hears only the evidence against the ac- cused. Its function is not to try the accused, but to decide whether on the face of things there is sufficient evidence of guilt to warrant a trial. When a majority of the grand jury are satisfied that the case ought to be tried the in- dictment is endorsed with the words "a true bill," and the case goes to the petit jury to be tried. This body (in all the States but one) must consist of twelve men. It sits in open session, hears evidence on both sides of the case. During the progress of the trial questions of law are determined by the court; the jury determines only questions of fact. After the evidence has all been given and counsel on both sides of the case have been heard, the jury retires from the court-room and is locked into a small room where it remains until it finds a verdict, or until the judge decides that no verdict will be reached. All the twelve ^ members must agree upon the verdict. When no agreement is reached a new trial may be ordered. As a general rule the verdict of a jury is decisive. Juries are chosen from the ordinary citizens in the neigh- * In a few States the agreement of three-fourths of the members of a jury is sufficient to render a verdict. 180 THE AMERICAN GOVERNMENT borhood in which the trial is conducted — from farmers, mechanics, merchants — and this is the feature doubtless that makes trial by jury so popular. When a man is tried by men who are neither too far above him nor too far below him to have sympathy with him, he has a good chance for a fair trial. The jury system, like every other human institution, has its defects, but notwithstanding its shortcomings it is one of the greatest safeguards of civil liberty ever invented. III. The Supreme Court. ^ In this court resides the su- preme judicial authority of the State. It sits at the State capital,^ where it holds sessions the greater part of the year. Its jurisdiction is for the most part appellate, although there are a few instances in which it has original jurisdic- tion. For example, a case involving the official action of a State officer is usually begun in the supreme court. Most of the cases, however, tried in the supreme court come up to it from the courts below. When a decision of this court conflicts in no way with the federal authority it is final, and is binding upon the people of the State as long as the State constitution remains unchanged, but when the decision conflicts with federal law or with the federal Constitution it may be reversed by the Supreme Court of the United States. Intermediate Courts of Appeal. In several States where the work of the courts is unusually heavy there has been inserted between the court of the second grade and the supreme court an intermediate court of appeals.^ This additional tribunal has been established to relieve the State ^ In four States (Kentucky, Maryland, New Jersey and New York) this court is called the Court of Appeals. In Texas there are two su- preme courts, one for civil and one for criminal cases. ^ In a few States the supreme court, for the convenience of the pub- lie, holds sessions at several different places in the State. * Pennsylvania, Illinois, Louisiana and Missouri have courts of this kind. In New York there is below the court of appeals, the highest court of the State, a supreme court, one division of which is an inter- THE STATE JUDICIARY 181 supreme court of some of its burden, just as the federal Circuit Court of Appeals (p. 156) was established for the purpose of making easier the work of the federal Supreme Court. The jurisdiction of this intermediate court is purely appellate, and its decisions are final, except in a few speci- fied cases which may be carried from it up to the higher court. Probate, County and Chancery Courts. In many of the States we find in every county a probate court— sometimes called the orphans' court (p. 199). In States where there is no separate court, the probate business is given to the county court, an institution found in many States. This county court in a few States has functions which are purely judicial and may try misdemeanors and small civil cases. In six States we find chancery courts separate from the law courts. In these chancery courts the equity cases are tried. As a rule, however, equity cases are tried in the regular law courts of the system. The Relation of the State Judiciary to the Federal Judi- ciary. The State courts are entirely independent of the federal courts. They have their own judges and court officers — sheriffs, clerks and prosecuting officers (p. 198) — and their own court-houses. They attend to the judicial business of the State and cannot be compelled to perform judicial duties of a federal nature. Their decisions, how- ever, may be reviewed and reversed by the federal courts. When one of the parties to a case in a State court claims that the decision of the court is contrary to the federal Constitution or to federal law the case may be carried over to the federal courts for trial, but when a ease is wholly outside of federal authority it must receive its final settlement in a State court. mediate court of appeals. The other division of the supremo court does for the most part the work of a court of the second grade, that is to say, of a circuit or district court. 182 THE AMERICAN GOVERNMENT The Powers of the State Judiciary. The part played by the State judiciary in our civil life is of the highest im- portance. Most of the cases that come up for settlement are tried in the State courts. The volume of State judicial business is probably ten times as great as the business of the federal judiciary within the State. Among the powers of the State judge are the following: (1) He may declare a statute of the legislature invalid on the ground that it conflicts (a) with the Constitution of the United States (127), or (&) with a statute or treaty of the federal government, or (c) with a decision of the Supreme Court of the United States, or (cZ) with the consti- tution of the State. (2) When the case before the court is novel, and there is no law, either customary or written, which will fit the case the judge may nevertheless render a decision, and this decision is not only law for the case in hand, but it will also generally be regarded in other courts of the State as the law for similar cases when they shall arise. Laws thus established by judicial decisions are distinguished from those enacted by the legislature and are called judge- made laws or case laws. (3) Judges in courts of equity — and in most States the regular law courts are also courts of equity — have the power to issue the writ of injunction forbidding a person to do, or commanding him to do, a certain thing. If the injunction is disobeyed the person disobeying it is liable to punishment. The injunction is generally used to prevent the commission of wrongs which could not be prevented by the ordinary work- ings of a lawsuit. Thus, if a railroad company begins to lay its tracks across a man's property without first securing a right of way, a judge in a court of equity, at any time of the day or night, will issue an injunction forbidding the railroad to continue the laying of the tracks. In recent cases courts have forbidden labor leaders and others to induce or coerce workingmen to strike where the strike would cause irrepar- able injury and damage to the employers. This use of the THE STATE JUDICIARY 183 injunction has met with fierce opposition and is regarded by many as unwarranted and unjust. The power of injunction is exercised by federal as well as by State judges. (4) In certain cases State judges may issue the writ of mandamus. This writ is issued to an officer, or corporation, requiring the performance of a public duty which the offi- cer or corporation has refused to perform. The purpose of this important writ is to compel the officer to go forward and do that which his position plainly requires him to do. Federal judges also may in certain cases issue the writ of mandamus. QUESTIONS ON THE TEXT 1. How were judges selected in colonial times? How are they se- lected at the present time? 2. What is the function of the State judiciary? 3. Give an account of each of the three grades of State courts. 4. What is the function of an intermediate court of appeal? 5. What is a probate court? a chancery court? 6. In what relation does the State judiciary stand to the federal judiciary? 7. Name four important powers of the State judiciary. SUGGESTIVE QUESTIONS AND EXEKCISES 1. Examine the constitution of this State for answers to the follow- ing questions: (o) What are the names of the several grades of courts beginning with the lowest? (6) How do justices of the peace and police magistrates receive their oiBce, by election or by appointment? (c) What is the name of the court corresponding to the circuit court described in the text? State the qualifications of the judges of this court, the term of their office, the mode of their election or appointment and the salary received. What is the number of the circuit (or dis- trict) in which you live? Bound this circuit and name the judges. (d) What is the name of the court corresponding to the supreme court described in the text? State the qualifications of the judges of this office, the term of the office, mode of election or appointment and the salary received. 3. Why should the term of office of a judge be longer than that of other officers? 4. Which are the most important, good law-makers, good executive officers, or good judges? Tojncs for Special WorTc. — Trial by Jury: 10, 184-197; 30, 320-327. The American Lawyer: 10, 344-364. The Writ of Injunction: 10, 47. XXV TERRITORIES AND DEPENDENCIES Introductory. The account of the organization of the State may appropriately be followed by an account of the organization of the Territory, for the Territory is simply an infant State, — a State in the first grade of government. This chapter, therefore, will treat of territorial govern- ment, but the treatment will include both Territories prop- erly so-called and also those other territorial possessions that do not as yet bid fair to be incorporated into the Union. In the account it will be convenient to speak of Territories and Dependencies, but it need not be supposed that the distinction between a Territory and a Dependency is always sharp and clear. The student, however, will do w^ell to bear in mind that a Territory is incorporated into and forms a part of the United States, while a Dependency belongs to but it is not an integral part of the United States. Moreover, it may be broadly stated that the in- habitants of a Territory are citizens of the United States, while the inhabitants of a Dependency are not. Territories and Dependencies Governed by Congress. All territory not included within the boundaries of a State, yet subject to the dominion of the United States, is wholly dependent upon Congress for its governmental powers. This is the fundamental principle underlying all questions relating to the government of territory subject to the sover- eignty of the United States and not included within a State. "The Congress," says the Constitution, "shall have power to dispose of and make all needful rules and regulations respecting the Territory or other property belonging to 184 TERRITORIES AND DEPENDENCIES 185 the United States" (119). The power of Congress over federal territorial possessions of whatever kind or wherever located is practically supreme. "The Territories of the United States are entirely subject to the legislative au- thority of Congress. They are not organized under the Constitution nor subject to its complex distribution of powers of government as the organic law, but are the crea- tion exclusively of the legislative department and subject to its supervision and control. The United States, having rightfully acquired the territories, and having become the only government that can impose laws upon them, have the entire domain and sovereignty, national and municipal, federal and State. It may legislate in accordance with the special needs of each locality and vary its regulations to meet the circumstances of the people. ... In a Territory all of the functions of government are within the legisla- tive jurisdiction of Congress." ^ When planning for the government of federal territory from time to time. Congress has dealt with each case ac- cording to its merits. Now it has permitted a newly ac- quired possession to enter into an immediate enjoyment of statehood; now it has provided liberally for local self- government; now it has held the reins of government tightly in its own hands. This policy of giving to each community a government suitable to its needs has led to the establishment of so many different kinds of govern- ments in the Territories and Dependencies that a satisfac- tory classification of them cannot be made. Nevertheless, the inferior governments may be conveniently studied under two headings, namely: (1) Territories and Depen- dencies on the American Continent, and (2) Insular Ter- ritories and Dependencies. Territories and Dependencies on the American Continent. These are : Indian reservations and National Parks ; Alaska, ^Endlemen, et al, v. United States. Quoted in Willoughby 's "Territories and Dependencies." 186 THE AMERICAN GOVERNMENT purchased from Russia in 1867; the District of Columbia, ceded to the United States by Maryland and Virginia^ in 1790 as the permanent seat of the federal government ; and the Panama Canal Strip, acquired from the Republic of Panama in 1904. I. Indian Reservations and National Parks. In the management of the territory that has been under its control the national government has from time to time marked off and reserved certain lands for the use of the Indians. Scat- tered over the country there are in all about 160 of these Indian reservations. Some of them have a very large area. The Navaho reservation in Arizona has an area considerably larger than the State of Maryland. An Indian reservation is a kind of Dependency of the United States. The tribes living on a reservation are under the control of Congress. The national government protects the Indians on the reser- vation against injustice at the hands of the white man, gives them food supplies, and supports schools among them. The expenditures of the United States on account of the In- dians in the fiscal year ending June 30, 1914, were nearly $20,000,000. Of this sum more than $4,000,000 was spent for the support of Indian schools. Indian affairs are under the management of the Indian Office, a bureau in the De- partment of the Interior. In the management of its public domain the national government has also set off several large tracts of land to be used as parks. These parks and reservations are under the supervision of the Secretary of the Interior. Some of them have an area of vast extent. The Yellowstone Na- tional Park, located in Wyoming, Montana, and Idaho, has an area of over 2,000,000 acres and is much larger than the State of Delaware. The Glacier National Park, in Mon- tana, has an area of nearly 1,000,000 acres and is larger than the State of Rhode Island. Other large parks of this kind are the Piatt National Park, in Oklahoma; the Yo- ^ The portion of the District granted by Virginia was afterwards retroeeded to that State by the United States. TERRITORIES AND DEPENDENCIES 187 Semite National Park, in California; the Mount Ranier National Park, in Washington; the Crater National Park, in Oregon. Each of these parks has a resident superin- tendent. II. Alaska. After neglecting this region for a long time Congress at last, in 1900, provided for it a code of laws and a suitable form of government. In 1912 Congress vested the legislative power of the Territory of Alaska in an elec- tive Legislature consisting of a senate and a house of rep- resentatives. The governor of the Territory is appointed by the President. The governor has the veto power but his veto may be over-ruled by a two thirds vote of all the mem- bers of each house. All laws passed by the Territorial legislature must be transmitted by the governor to the President of the United States and by him submitted to Congress. If a law of the Territorial Legislature is disap- proved by Congress it becomes null and void. In addi- tion to the governor, Alaska has as its other executive offi- cers a secretary of territory, a treasurer, and a superin- tendent of education. The Territory is divided into four judicial divisions with a judge for each division. Alaska has a territorial delegate in the House of Rep- resentatives at Washington. The delegate is the political tie which binds the Territory to the federal government. The territorial delegate is elected every two years by popular vote. He has a right to a seat in the House of Representa- tives, and receives the same salary as other members of Congress. He serves on committees and may speak on all questions pertaining to his Territory, but he has no vote. III. The District of Columbia.^ The government of the District of Columbia, by the Constitution, is vested exclu- sively in Congress (61). Several methods of governing the District had been tried when in 1878 Congress estab- lished the x^resent form of government, — a form as simple * Strictly speaking the District of Columbia is neither a Territory nor a Dependency ; it is simply a ' ' municipal corporation with such powers as are common to municipal corporations in general. ' ' 188 THE AMERICAN GOVERNMENT as anything known to American politics. The District is governed by a board of three commissioners appointed by the President. Two of the commissioners must be ap- pointed from civil life, and one must be an officer of the army. This board exercises not only the executive power, but acts in many respects as a legislature. Its reasonable regulations in respect to matters affecting the life, health and comfort of the people have the force of laws. Al- though Washington — the District of Columbia is but an- other name for the city of Washington — has no distinct legislature of its own, it nevertheless enjoys the services of the greatest legislative body of the country, for Con- gress keeps its eye upon the affairs of the District and devotes certain days to the consideration of District busi- ness. When legislating for the District, Congress acts as a city council, and visitors to the Capitol may hear sena- tors and representatives discussing such topics of local government as the repairing of the streets or the regu- lation of trolley lines or the adjustment of teachers' salaries. The judicial system of the District consists of a court of appeals, a regular trial court called the supreme court, and a police court for the trial of pettj^ offenses and municipal regulations. Justices of the peace are provided for the trial of certain kinds of civil cases. All these judicial officers are appointed by the President. The District of Columbia has no delegate in Congress. V. The Panama Canal Strip. This consists of a zone of land of the width of ten miles, extending to the distance of five miles on each side of the central line of the route of the Panama Canal. The region has been placed under the control of a governor who is appointed by the President. The canal itself is absolutely neutral, being free and open to the vessels of commerce and war of all nations. The toll rates on the canal are the same for the vessels of all nations and the vessels of no nation, not even those of the United States, are exempted from the payment of tolls. It is pro- TERRITORIES AND DEPENDENCIES 189 vided by treaties that the canal shall never be blockaded and that no act of hostility shall ever be committed in it. Warships must pass through the canal with the least possible delay and no belligerent vessel while in the canal may em- bark or disembark troops or munitions of war. Insular Territories and Dependencies. These are : Hawaii, annexed by a joint resolution of Congress in 1898 (July 7) ; Porto Rico, occupied July 25, 1898 by military forces of the United States under General Miles; the Philippine Is- lands, occupied August 13, 1898, by military forces under Admiral Dewey; Guam, seized by the United States navy during the war with Spain in 1898; certain islands of the Samoan group acquired by treaty in 1900.^ I. Hawaii. The Hawaiian Islands are governed under the name of "The Territory of Hawaii" by an act of Con- gress passed in 1900. The act provides for a territorial form of government consisting of a legislative, an executive, and a judicial department. The legislature consists of a senate and a house of representatives whose members are elected by the voters of Hawaii. The executive power is lodged in a governor and a territorial secretary appointed by the Presi- dent. An attorney-general, a treasurer, a superintendent of public instruction, an auditor and several other ad- ministrative officers are appointed by the governor and con- firmed by the senate of Hawaii. The territorial courts con- sist of a supreme court and circuit courts, the judges of which are appointed by the President. Hawaii is repre- sented in Congress by a delegate who is elected biennially by the people. The act annexing Hawaii conferred upon the citizens of Hawaii the rights of citizens of the United States. * Wake Island, Midway or Broad Island, Howland and Baker islands and the Guano islands oflficially belong to the United States, but since they are practically uninhabited they have not been provided with governments. 190 THE AMERICAN GOVERNMENT II. Porto Bico. The organic act establishing a govern- ment for this island was passed in April, 1900. It provides for the appointment by the President of a governor, a secre- tary, an attorney-general, a treasurer, an auditor, a com- missioner of the interior and a commissioner of education. All these officers hold their positions for four years. The legislature of Porto Rico is bicameral. The upper house, known as the executive council, consists of the exec- utive officers mentioned above (not including the gov- ernor), and of five other persons, native inhabitants of Porto Rico, appointed by the President of the United States. This branch of the legislature is therefore not constituted in accordance with American ideas of representation, for it is not elected by the people. The lower branch consists of delegates elected by the voters of the island for the term of two years. The governor can veto the act of the legisla- ture. The judicial system of the island consists of a Supreme Court composed of judges appointed for life or good be- havior by the President ; of district courts presided over by judges appointed by the governor; and of municipal courts whose judges are elected by the people. The organic act for Porto Rico provides that the voters of the island every two years shall elect a commissioner, who shall be entitled to official recognition as such by all the departments at Washington. This commissioner in the intention of the law is plainly not a delegate, yet by the grace of the House of Representatives he has been accorded the right to speak in that body and to serve on its committees. For all practical purposes, therefore, he is in reality a territorial delegate, although Porto Rico can hardly be said to be a Territory, for it is not a part of the United States. Its inhabitants are citizens of Porto Rico and are entitled to the protection of the United States, but they are not American citizens. III. The Pliilippine Islands. In February, 1899, after TERRITORIES AND DEPENDENCIES 191 the Philippine Islands had been ceded to the United States by the treaty of Paris, the following resolution was passed by Congress: Resolved, etc., That by the ratification of the treaty of peace with Spain it is not intended to incorporate the in- habitants of the Philippine Islands into citizenship of the United States, nor is it intended to permanently annex said islands as an integral part of the territory of the United States; but it is the intention of the United States to establish in said islands a government suitable to the wants and conditions of the inhabitants of said islands to prepare them for self-government, and in due time to make such disposition of said islands as will best promote the interests of the citizens of the United States and the inhabitants of said islands. In accordance with the spirit of the above resolution, Con- gress has given to the Filipinos the form of government W'hich has seemed best suited to their needs, changing the form from time to time as conditions on the islands have changed. At present (1915) the islands are virtually gov- erned by the Philippine Commission which consists of nine members appointed by the President, five members being Filipinos and four being Americans. One of the members of the Commission is known as the Governor- General and is the chief executive officer. There are four executive de- partments, namely, the department of the interior, the department of finance and justice, the department of com- merce and police, and the department of public instruction. The legislature, known as the Philippine Assembly, consists of a lower house elected by the people and an upper house composed of the members of the Philippine Commission. It will be observed that the government of the Philippine Islands closely resembles the government of Porto Rico. The Filipinos are not citizens of the United States, but they enjoy many of the rights of American citizenship. The Philippine Islands have no delegate in Congress, yet 192 THE AMERICAN GOVERNMENT they are permitted to send to Washington two commissioners who appear before the committees of Congress and represent the interests of the islands. The judicial system of the Islands includes a supreme court, consisting of a chief justice and six associate justices, courts of general trial for the provinces, and justices' courts for the municipalities. The judges of the supreme court are appointed by the President of the United States, but the judges of the provincial courts and the justices of the peace are appointed by the governor of the island. Cases may be carried by appeal from the supreme court of the island to the Supreme Court of the United States. The archipelago is divided for governmental purposes into provinces, and the provinces into municipalities. Each province has a governor, a secretary, a treasurer and a supervisor of public buildings, roads, bridges and ferries. The provincial officers, with the exception of the governor, are appointed by the commission. The municipality has a mayor and a body of municipal councillors elected by the qualified voters of the municipality. These municipal councillors elect the governor of the province. In respect to local affairs government in the Philippines is of the cen- tralized type, for the commission has large control over the province and the province has large control over the municipality. IV. Guam and Samoa {Tutuila). Governmental power in these islands is vested in the naval officers who happen to be in command of the naval station. As a matter of fact the inhabitants of the islands in a large degree govern themselves. At times, however, it is necessary for the naval officer to interpose his authority, and upon such occasions his orders have the force of laws. The Attitude of the United States toward Dependencies. The extension of our political influence into Porto Rico and the Philippines was perhaps an unavoidable incident in our growth as a nation. Certainly for good or for evil TERRITORIES AND DEPENDENCIES 193 we have made these islands our wards, and our duty in respect to them ought to be clear: we ought to adrajnister their affairs, not with a view to our own advancement, but with a view to their advancement and profit. Such a policy is in accordance with the American spirit. The United States has always been the possessor of large regions of dependent territory, but it has never oppressed its depen- dencies, and has never regarded them as fields to be ex- ploited for the sole benefit of citizens at home. It has al- ways promoted the welfare of its wards and accorded to them as large a measure of self-government as was prac- ticable. This has been our policy in the past, is our avowed policy now, and will continue to be our policy as long as we are true to our best political instincts. QUESTIONS ON THE TEXT 1. In what two respects does a Territory differ from a Dependency? 2. To what extent has Congress power over Territories and Depen- dencies? How has it used this power? 3. Name the Territories and Dependencies on the American Conti- nent. 4. Give an account of the Indian reservations and national parks; describe the government of Alaska; of the District of Columbia; of the Panama Canal Strip, 5. Name the Insular Territories and Dependencies. 6. Describe the government of Hawaii; of Porto Eico; of the Philip- pine Islands; of Guam and Samoa. 7. Describe the attitude maintained by the United States toward its dependencies. SUGGESTIVE QUESTIONS AND EXEECISES 1. Name the Territories properly so called; name the Dependencies. 2. Prepare a table showing the population and area of each of the Territories and Dependencies and give the totals. 3. Name the Territories in the order in which they are likely to be admitted as States. 4. Name the five Indian Tribes of Indian ' ' Territory. ' ' 5. What does the Constitution say about Indians? 6. Why was the capital of the United States placed under the exclu- sive control of Congress? 7. Prepare a paper about the city of Washington, giving the munici- 194 THE AMERICAN GOVERNMENT pal history of the city, and describing its public buildings, its monu- ments, and its environs. 8. What measures are usually taken by Congress for the admission of a Territory into the Union? (See p. 66.) Topics for Special Worlc.— The TeTTitOTies: 2,397-402. The Trans- marine possessions: 2, 402-409. For a full account of our Territories and Dependencies see "Territories and Dependencies of the United States " by W. P. Willoughby XXVI THE COUNTY The Importance of Local Government. Most of the every- day work of government rests upon the localities, — upon cities, villages, counties, townships. It requires about five times as much money to support local government as it does to support the State government. This means that the former renders about five times as much service as the latter. The federal government and the State government are far away; the local government is at one's back door and front door. The larger governments may act ineffi- ciently or corruptly without immediate inconvenience to the citizen, but if the local government neglects the roads and streets, or manages the schools unwisely, or wastes money, the results of its evil course are felt at once. Be- cause it touches one at so many points, and is so near to one, local government is a subject which may rightly demand a liberal share of our attention. We have already considered local government in its broad aspects, and in respect to its relations to the higher State government. We shall now study the organization of the several kinds of local government beginning with the county. The County in the South and Southwest. The county as a unit of local government is the most widely established of American political institutions. Excepting the inhabi- tants of the cities of Washington, St. Louis and Baltimore, everybody in the United States lives in a county, for every State and Territory is divided into counties. Altogether there are about three thousand counties in the United States. County government in America had its origin in the 195 196 THE AMERICAN GOVERNMENT colony of Virginia. Very early the settlers of Virginia felt the necessity of some kind of local government, and they chose the English shire or county as the form most suitalDle to prevailing conditions. The Virginia county was suitable to the civilization of the other southern colonies, and it was adopted by them as a unit of local government. Later, when the southwest- ern regions were organized, they were divided into counties of the Virginia type. That type, of course, has changed with changed conditions, and, since the county is a crea- tion of the State, the type varies from State to State, yet looking at the subject broadly we may say that the follow- ing States have modeled their counties on the Virginia plan: Maryland, "West Virginia, North Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi, Tennes- see, Kentucky, Louisiana, Arkansas, Texas, Colorado, Ore- gon, Oklahoma, New Mexico and Arizona. In these States practically all the services of local government are per- formed by the county, for, excepting the chartered munici- palities, there is no other local government in existence. It is true that in these States the county is usually divided into minor districts, into beats or wards or election precmcts, or the like, but these divisions are simply convenient areas for voting or performing some public service regulated and con- trolled by county authority. In the States named above the county government, and it alone, is the agency through which the people outside of municipalities manage their local affairs, and in these States local government centers around the county court-house. The County of the Middle States and the West. Beginning with New York, New Jersey and Pennsylvania and pass- ing westward, keeping north of Mason's and Dixon's line (40th parallel of latitude), in nearly all the States there have been established within the county inferior local governments known as townships (p. 210). These town- ships perform many local services that in the South and THE COUNTY 197 Southwest are performed by the county. The functions of the county government in the IMiddle States and in the West are therefore not so numerous as they are in the South and Southwest, and the county is not so highly organized. Moreover, in New York, and in several of the western States the governing body of the county — the county board of supervisors — consist not of representatives of the people, as in most States, but of representatives of the town- ships, a peculiarity of organization that will be noticed more fully in the chapter on townships. The County in New England. When we turn to New Eng- land we find that the county is not a very important factor in the business of local government. This is because of the presence of the ''town." This characteristic institution of New England, as we shall see, takes to itself nearly the whole burden of local government and leaves little for the county to do. The county in New England exists princi- pally for judicial purposes — in Rhode Island it exists for no other purpose. Nevertheless, it has a few officers and exercises a few powers similar to those exercised by the county in other States. It has (except in Rhode Island) a board of county commissioners which has charge of the county buildings, controls the erection of those bridges which extend from one town to another, and manages other matters of an inter-town nature. There are also a county register of deeds, a high sheriff of the county, a county clerk of the court and a probate judge, but these are really a part of the judicial outfit. The Organization of a Typical County Government. Al- though county government differs as we go from State to State there is nevertheless a certain uniformity in the organization of counties throughout the Union. The official outfit of a typical county is as follows : ^ ^ In no State has the county all these officers, yet every officer mentioned in the list is a typical county official. 198 THE AMERICAN GOVERNMENT I. The Board of County Commissioners or Supervisors.^ This is the governing body of the county. It consists usually of three or more members who serve for a term varying from one to six years. It holds its sessions at the county-seat, where all the county officials have offices. Like most of the other county officers the commissioners are elected by the people. The county commissioners usu- ally do the following things : (1) They fix the rate of taxation for the county. (2) They appoint tax assessors, tax collectors, road su- pervisors, and other subordinate officials. (3) They make contracts for repairing old roads and opening new ones, and also for building and repairing bridges. (4) They make contracts for building and repairing public buildings, such as court-houses, jails and alms- houses. (5) They appropriate money for the support of schools, for the support of the poor, for the payment of the salaries of county officers, for the maintenance of the roads, and for all necessary expenses of county government. (6) They represent the county when it is sued for dam- ages. (All local governments are corporations in some re- spect and can be brought into court to defend a suit as if they were persons.) II. The Sheriff. In England, anciently, the sheriff was the most powerful officer in the county. In modern times, however, his power is not so great either in England or in this country. Nevertheless, he is still an important officer. He has been called the "arm of the judge." If the judge orders a man to be taken to prison, or orders property to be sold, or sentences a man to be hanged, the sheriff executes the command. It is his duty also to pre- serve peace and order, and when necessary he may call to his aid deputies. In times of great danger or disturb- * Still called the county court in some of the Southern States ; in several States it is called the levy court. THE COUNTY 199 anee he may call to his aid the posse comitatus, which in- cludes every able-bodied man in the county (p. 253). The sheriff usually lives at the county-seat and has charge of the county jail and its prisoners. III. The Clerk of the Circuit, or District Court. Any court above a police court, or above that of a justice of the peace, is a "court of record"; that is, its proceedings are enrolled in permanent form. In every county there is a court of record, and the keeper of its records is the clerk of the court, or prothonotary. This officer often keeps a record of deeds and mortgages given in the county, issues marriage certificates, and records all births and deaths. IV. The Probate Court — the Orphans' Court. It is the business of this court to examine the wills of deceased per- sons and decide whether they have been made as wills by law ought to be made. When a person dies without having made a will, and leaves no one -to take charge of his estate, the probate court will appoint an administrator to take charge of it. When a child is left without father or mother, the probate court will appoint a guardian, who will manage the estate until the child comes of age. In general, the business of the probate court is to see that the property of the dead falls into rightful hands. In some States the probate court is called the orphans' court. In New York it is called the surrogate's court. V. The Recorder keeps a record of mortgages, deeds and leases. VI. Tax Collectors and Assessors (p. 282). VII. The County Treasurer pays out as well as receives all money raised by taxation. VIII. The Auditor. Sometimes the county elects an auditor, whose duty it is to examine the books of the treasurer and other officers and report whether the public accounts are properly and honestly kept. In some States he has a check upon payments from the county treasury. IX. The Coroner. When a person is murdered, or is found dead, or dies mysteriously, this officer takes charge 200 THE AMERICAN GOVERNMENT of the corpse and inquires at once into the cause of the death. If he thinks there has been foul play, he summons six or twelve men to act as a jury and holds a "coro- ner's inquest." Witnesses are summoned, and the jury, after having evidence, states the probable cause of the death. X. The State's Attorney is a lawyer whose duty is to give legal advice to county officers, and to appear in court at the trial of one who is charged with crime and present the side of the State. This officer is sometimes called a district attorney or prosecuting attorney; sometimes he is called the solicitor. XI. The School Board has the general management of the schools of the county. It regulates in whole or in part the salaries of teachers; it grants certificates to those who are competent to teach; it sometimes makes out the course of study that pupils are to pursue; it provides for the health and comfort of teachers and pupils. XII. The Superintendent of Schools is the executive officer of the school board. He sets the examinations for teachers, visits the different schools of the county, and reports their work to the school board; he grades the work of the schools and devotes his time to improving them in every way he can (p. 354). XIII. The Overseers of the Poor attend to the needs of paupers and other unfortunates (p, 386). XIV. The Surveyor makes surveys of land when the county has need of such. The Citizen and His County. Practically every American citizen is directly and closely interested in the adminis- tration of the affairs of some county, but citizens are by no means everywhere as watchful of their county govern- ment as they ought to be. They allow the management of county affairs to fall into the hands of a "court-house ring," and this too often means mismanagement and cor- ruption. Where the county government is bad roads are THE COUNTY 201 bad, bridges are unsafe, schools are inefficient, crime is un- punished and taxes are high. County affairs are often neglected because they are re- garded as too commonplace for serious attention. The citi- zen in his interest in the greater affairs of the State and nation overlooks the small politics of the locality. Such oversight is one of the most dangerous errors of citizen- ship. The county is one of the political units which go to make up the State, just as the State is one of the units of which the nation is composed. Keep the government of all the counties pure and good and good government in State and nation will almost certainly follow. QUESTIONS ON THE TEXT 1. Why is local government so important? 2. Give an account of county government in colonial times. 3. In what States does the county perform most of the services of government? 4. How does the county of the Middle and Western States differ from the southern county? 5. Describe the New England county. 6. Name the duties of the county commissioners. 7. Name the typical county officers and name the duties of each, 8. Why is the county government of great importance? SUGGESTIVE QUESTIONS AND EXERCISES 1. What are the provisions in the constitution of this State relating to the government of counties? Do these provisions restrict the power of the legislature in reference to counties, or do they leave that body free to govern counties pretty much as it pleases? Can the legislature of this State pass special laws as to counties? 2. How many counties in this State? Are their boundaries artificial or natural? Have their names any historical significance? 3. Bound the county in which you live and give its area and popu- lation. What is the distance of the county-seat from the most remote point in the county? In what year was this county organized? 4. Prepare a list of the county officers of this State and compare it with the list given in the text. (In those States in which county is the predominant type of local government the two lists will probably resemble each other closely; in other States there may be a consider- able difference between them.) 5. State the powers of the county board of commissioners in this State. Is the board a legislative or an executive body? 202 THE AMERICAN GOVERNMENT 6. What are the constitutional provisions relating to the term of the several county officials, the manner of their election or appointment, and their salaries? 7. Are the representatives in the legislature of this State appor- tioned by counties? If so, state the rule by which they are apportioned. Is the rule agreeable to the principle, ' ' so many people, so many repre- sentatives?" 8. Is this county well governed? State particulars. 9. Of the functions of local government mentioned on p. 72 name those that are not exercised by county officials in this State. 10. What is the name of the smaller political divisions into which counties in this State are divided? 11. Home Rule for Counties. — In California each county is given the right to adopt a charter for its own government, just as in many States cities enjoy a similar right. What do you think of the prin- ciple of home rule for counties? 12. In Los Angeles County, California, there is an officer known as the public defender, whose duty is to defend in the courts all persons financially unable to employ an attorney and who are charged with crime. Should every county have a public defender as one of its officers? Topics for Special Worlc. — General Characteristics of County Govern- ment: 18, 57-74. The County Board: 18, 75-94. The SherifP: 18, 106-112. County Districts in the South and West: 18, 186-199. XXVII THE TOWN The Origin and Character of the Early New England Town. At the time when the planters of Virginia were organizing newly settled communities into counties, the colonists of New England w^ere developing a system of local govern- ment that differed widely in form and spirit from the southern type. The English shire that served for the model for the Virginia county did not suit the conditions of the earliest Puritan settlements. The tillable land of the New England country was divided by nature into small areas marked off by bold hills and troublesome streams; the settlements were constantly harassed by Indians ; the settlers themselves were bound together by personal as well as social and religious experiences. These circum- stances led the Puritans to build their houses as close to- gether as possible and to settle in compact villages rather than to spread out on large plantations. The form of government adopted for these thickly settled communities was one that had almost perished from the earth. The old town- (tun) or village-meeting (p. 17) that the Anglo-Saxons had brought with them to England a thousand years before and that had been so changed by the influences of feudalism that it was no longer recog- nizable, was revived, unconsciously perhaps, in its ancient form and vigor, and the town instead of the county was established. The early New England town was a pure democracy, in which all the male adult inhabitants who attended church — and everybody was required by law to attend church — 203 204 THE AMERICAN GOVERNMENT participated in the management of public affairs — a strong contrast to the Virginia county, which was for a long time a close corporation/ and was practically an aristocracy of large land-holders. The deep religious nature of the Puritans affected their civil institutions, and for a long time their religion and politics were completely blended. Political life in Vir- ginia centered around the county court-house; in New England it centered around the church or meeting-house, which was situated in the center of the town. A glance at the proceedings of one of the early town-meetings will illustrate how intimately civil and religious matters were mingled. Thus the people of Dorchester, Massachusetts, in town-meeting assembled, in 1666 voted that the "men's seats in the body of the meeting-house be enlarged to the women's seats, and that the space between Judge Jami- son's heirs and Lieut. Steam's pew be divided and added to their pews, they consenting, and that the doors to their pews be made to come out into the hind alley, and that men and women be placed in each of these pews by the committee for seating the meeting-house." In these days this would seem to be strange business for government to be engaged in, but we must remember that church and state were as yet united in all parts of the world, although Rhode Island, under the leadership of Roger Williams, was making efforts about this time to separate them. The town was chosen as an agency for local govern- ment throughout all New England, and under its stimulat- ing and healthful influence there was developed a citizen- ship that has received the admiration of the world. The religious features of the town organization and control have disappeared ; church membership is no longer a quali- fication for voting; citizens are no longer compelled to attend divine worship ; the church and the minister are no *A close corporation is one in which vacancies are filled by the votes of the members of the corporation. THE TOWN 205 longer supported by the public money. Excepting the fact that it is no longer concerned with matters of religion the New England town of to-day remains what it was in the early days. The Town-meeting'. The central fact of local government in New England is the town-meeting, the old village moot or tungeniot of the Teutons. Once a year all the qualified voters of the town meet together to discuss measures re- lating to town affairs, and to take action thereon. The meet- ing is no longer held in church, but in the town-house, or town-hall. When the people have assembled, the town clerk calls them to order, and states the purpose for which the meeting is called. A moderator is then chosen to preside over the meeting, and business proceeds according to parliamentary rules. In a town-meeting we see democ- racy in its purest form. Instead of sending men to con- duct affairs for them, as in a representative government, the people are there in person. Young and old, rich and poor, take part in the proceedings, and any citizen present may exert the full force of his character and influence. Every measure that is brought before the meeting is dis- cussed and criticized. Those in favor of the measure state their argument for it; those opposed to it state their ob- jections. When the discussion is at an end a vote is taken, and whatever the results may be, all present feel that the will of the people has been expressed. Thus the town-meet- ing settles all matters relating to the public affairs of the towTi. The most important things done are these: (1) The rate of taxation is fixed. ]\Ioney is appropriated for the schools, for the care of the roads, for the support of the poor, for the salaries of officers, and for other neces- sary expenses. (2) By-laws are passed for the regulation of local mat- ters. The word hy originally meant toivn; hence a by-law is a town law. A law passed in town-meeting forbidding 206 THE AMERICAN GOVERNMENT the use of the sidewalks of the town for bicyclmg is an example of a by-law. (3) Town officers are elected. It would be impossible for all the people of a town to meet together every day for the transaction of public business. For this reason, at the annual town-meeting, officers are elected to manage the af- fairs of the town in the name of the people for one year. Town Officers: (1) The Selectmen. The general management of town affairs during the year is placed in the hands of three or five or seven or nine citizens, called selectmen. These officers carry into effect the measures passed at the town- meeting. They supervise the laying out of roads; they grant licenses; they care for the poor; they take measures to abate nuisances, check the advance of contagious dis- ease, and otherwise preserve the health of the town; they listen to complaints against the management of town af- fairs; they represent the town in court when it is sued; they make out the warrant when a special town-meeting is to be called. The town-meeting is the legislature of the town, and the selectmen are its chief executive officers, (2) The Town Clerk. This officer has numerous duties. We have seen that it is he who calls the town-meeting to order. He must always be present at a town-meeting, and keep a record of the proceedings. In addition to this he keeps a record of the births, marriages and deaths in the town, and grants certificates to those wishing to marry. In fact, most matters of town record are in his keeping, including sometimes the recording of deeds and convey- ances. (3) Assessors (p. 282). (4) Tax Collectors (p. 284). (5) A Town Treasurer. (6) Overseers of the Poor. These officers have charge of the town almshouse and give relief to the deserving poor. 1 THE TOWN 207 (7) The School Committee,^ or Board of Education. (p. 354). (8) Co?istahles. These are peace officers, and every town has one or more of them. They arrest for crime, and assist the selectmen in executing the law. In some towns the constable serves as tax collector. (9) Surveyors of Highways. These officers inspect roads and bridges, and are responsible for keeping them in repair. (10) Fence Viewers. These officers settle disputes that may arise between neighbors about partition fences or walls. (11) Field Drivers. When cows or horses or other ani- mals are found wandering about the town the field driver puts them into a pound, and keeps them until their right- ful owner is found. This list of officers is not complete ; yet it is long enough to show that a great many people take part in the gov- ernment of a town. It is quite possible that there are towns in which there is not one intelligent citizen of advanced years who has not at some time in his life held public office. It is this general participation in the business of government that makes the people of New England such a wide-awake and progressive body of citizens. The Town as a Factor in the Civic Life in New England. It is difficult for one not residing in New England to under- stand how powerfully its system of local government in- fluences its civic life. Every voter of a town is a law- maker, and almost every one either has been, is, or very reasonably expects to be, a town officer of some kind. This direct contact with government keeps public spirit keyed up to a high pitch. If the town affairs during the year are managed unwisely or corruptly there is sure to be a speedy exposure in town-meeting by merciless ^ In many towns a school committee manages the schools of a district, which forms only a part of the town. When this is the case school affairs are separated from town affairs. 208 THE AMERICAN GOVERNMENT critics. If improvements are needed, or if the town lags behind its neighbors in progressiveness the discussions in the folkmoot are sure to be directed towards a remedy, and when a remedy is found it usually proves to be wise and effective. The keen, vigilant citizenship fostered by these little New England democracies awakened the ad- miration of Thomas Jefferson and led him to pronounce them to be the "wisest invention ever devised by the wit of men for the perfect exercise of self-government and for its preservation." Town Government outside of New England. In those Western States which were settled largely by emigrants from New England local government is modeled to some degree on the plan of the New England town. This is es- pecially true of Michigan, Illinois, Wisconsin, Minnesota, North Dakota, South Dakota and Nebraska. In Michigan the voters of the townships, after electing the local officers, assemble in town-meeting and after voting the taxes for township purposes make regulations concerning such mat- ters as the licensing of dogs, the vaccination of children, the purchase of books for the library. In certain parts of Illinois also the voters hold a town-meeting after the elec- tion of officers has been held. The town-meetings of the Western States may resem- ble the New England town-meeting in form, but they lack the spirit of the original type. It is doubtful whether an institution like the New England town can be successfully transplanted. Certainly the efforts that have been made to establish local governments in the West after the New England pattern have not been attended with marked suc- cess. Local government in the West has been strongly in- fluenced by New England ideas, but town government in its pure form has never flourished outside of New England. THE TOWN 209 QUESTIONS ON THE TEXT 1. What circumstances led the Puritan settlers to choose a form of local government different from that chosen by the Virginians? 2. Describe the early New England town. 3. Illustrate how the affairs of church and state were blended in the early days of New England history. 4. Describe a New England town-meeting. 5. What are the powers of a New England town? 6. Name the officers of the New England town and state their duties. 7. What influence does town government have upon civic life in New England? 8. To what extent has town government of the New England type been adopted in other States? SUGGESTIVE QUESTIONS AND EXEECISES (for students in new ENGLAND) 1. Examine the constitution of your State for provisions respecting the government of towns and state these provisions. 2. Of the services of local government mentioned on page 72, which are performed by your town government? 3. Bound the town in which you live and tell when it was orga- nized. Name all the towns in the county in which you live. Have these names historical interest? Name the boroughs or cities, if any, located within the borders of your town. 4. Make out a list of the officers of your town. Which one of these plays a most important part in town government? (Elect a committee to wait upon some town officer and invite him to give the class a talk upon tovra government.) 5. How may a special town meeting be called? 6. What influences are at work to make town government a less important feature of New England life than it has been in the past? 7. How many representatives has your town in the legislature? Has this apportionment been made according to the population of the town? 8. Is the town meeting a legislative or an executive body? 9. Are women and children represented in town government? 10. In what matters does the government of your town excel? In what respect is your town excelled by its neighbors? 11. How many towns in this State? What is the population of the largest town? of the smallest town? Is the largest too large for a pure democracy? Is the smallest too small for self-government? Topics for Special WorJc. — New England Towns: 18, 141-146. The Town Meeting: 18, 147-163. XXVIII THE TOWNSHIP The County-township System. We have learned that in the Middle States and in most of the States in the West the county shares the business of local government with a minor civil division known as the township.^ The pres- ence of townships in the county results in a compromise system of local government often called the county-town- ship system. Under this system the county government attends to those affairs which interest the whole body of the people of the county, while the township administers the affairs of a small area. The township, like the New Eng- land town, provides a government for a neighborhood. The Two Types of the County-township System. County- township government has had two sources, and has . devel- oped into two distinct types — the New York type and the Pennsylvania type. In New York, as in New England, small self-governing communities known as towns (town- ships) appeared at a very early date in the history of the colony. These towns had their town-meetings and elected a full set of officers, but their powers were at no time so great as those of the New England to^\ai. In 1703 the colonial assembly of New York passed a law that has had far-reaching influence upon local government in the United States. This law provided for the annual election by each township of an officer to be known as the supervisor of ^ In Delaware, townships are called hundreds, a name that has come down from the Anglo-Saxon period of English history. 210 I THE TOWNSHIP 211 the township, and further provided that the supervisors of the several townships should meet at the county-seat as a Board of County Supervisors (p. 197). Here was a reproduction of the old hundred-village system of early England, when the representatives of the village met in shire moot (p. 18). Following this law of 1703, there have been evolved in New York strongly democratic local gov- ernments of small area, conveniently classed as townships, and along with these a strong county government, whose chief administrative body — the Board of County Super- visors — consists of representatives of townships. Villages and the wards of cities are also represented on the board of county supervisors. This type of the county-township sys- tem, known as the supervisor plan, has served as the pat- tern for local government in those new States that were settled largely by emigrants from New York. This is true of Michigan, Illinois and Wisconsin. In the early days of Pennsylvania the prevailing form of local government was the county organized on the Virginia plan. Gradually the officers of the county came to be elected by the people, and when the township made its appearance the county was too strong to suffer encroach- ments upon its organization. It retained its board of county commissioners elected by the people of the county. Thus the townships in Pennsylvania were not allowed to conduct the business of the county through their repre- sentatives, as in New York. Moreover, the people of the townships in Pennsylvania did not hold their annual town- meetings and participate directly in the management of their local affairs, as in New York; they elected their local officers annually, and with the act of election their power was at an end. In other words, the township in Pennsyl- vania was a representative government. The county-township system of Pennsylvania naturally spread to Ohio, and thence to Indiana. Later it was adopted by Iowa, Kansas, Missouri, Nebraska, North Da- kota, South Dakota, and Oklahoma. 212 THE AMERICAN GOVERNMENT Local government in Illinois has had an instructive experience. When this State was admitted into the Union its people were largely of Southern origin and, consequently, local government of the pure county type was established. As time went on, the northern part of the State filled up with people from the North. These desired the county-to^vnship plan, and in 1848 the new constitution gave the people of the county the right to determine whether they wished townships or not. Taking advantage of this right, more than five sixths of the counties of Illinois have decided for townships, and are now under the county-township system. Michigan furnishes another excellent illustration of how the character and habits of the people influence the form of government. In Michigan, at first, the county-township system of the Pennsylvania kind was established, but as emigrants from New York and New England moved into the State and changed the character of the population, the people became more and more dissatisfied with their local government, and finally changed it to the supervisor or New York plan. Such experiences teach that local gov- ernment must above all things be acceptable to the people who are immediately affected by it and who must person- ally conduct it. The Powers of the Township. Why have so many States found it desirable to erect within the county another fully organized government? Because the township has been found to be an institution of great convenience. For a sparsely settled society the county is, perhaps, the only practicable form of government; but as population in- creases the needs of the neighborhood multiply, and many of these needs are such as can be attended to by the peo- ple directly interested if they only have the power granted to them. It is not necessary to travel twenty miles to the county-seat to see an officer about the repair of a wash- i THE TOWNSHIP 213 out in a road, or about the purchase of a stove for a school-house, when we can have a government near at hand to attend to such things. The township has been intro- duced as an agency by which the needs of the immediate locality may be attended to. Especially has the public school been a factor in the development of the township system. Local government in the South developed around a court-house, and in New England around a church ; in the Middle States and in the West it developed around a school-house. Then, too, the care of the roads, and the support of the poor are services that may most conveniently be rendered by the government of the neighborhood. The powers of the township vary slightly in the differ- ent States, but as a rule where the county-township system prevails the township (1) supports the public schools, (2) cares for the roads and (3) helps the poor, leaving other matters of local government to the county. The taxes necessary for doing these things are levied by town- ship authority. The Organization of the Township. The names of the officers of the township are not the same in all the States, but its organization is practically the same and may be in- dicated as follows: 1. The Supervisors (sometimes called Trustees) resem- ble the selectmen of the New England town, only their powers are not so great. Their duty is to take care of the roads and bridges, erect and keep in repair guide-posts and watering-troughs, and plant shade trees along the roadside. They may build and keep in repair a town house, in which elections may be held and officers of the town may transact the public business. 2. School Directors or School Trustees have control of the public schools within the township. In some States the directors of all the townships in a county meet every second or third year and elect a superintendent of schools 214 THE AMERICAN GOVERNMENT for the county; in other States the township supervisor or trustees are also the school directors. 3. The Township Clerk keeps the records and accounts of the township. 4. The Assessors. 5. The Tax Collector. 6. The Auditors. These officers examine the accounts of the township to see that all money has been properly and honestly expended. 7. The Justice of the Peace. 8. The Constable. 9. Overseers of the Poor. 10. Election Officers (p. 345). The Township a School for Good Citizenship. When we consider that in some of the States there are as many as fifteen hundred townships officered perhaps by fifteen thou- sand citizens we can see how great is the influence of the little local governments upon the civic life of the State. Like the New England town, the township is the training- school where citizens learn the principles of civil liberty and the art of self-government. Thus while it might be possible to dispense with the township yet to do so would be to incur a heavy political loss. There is no likelihood, however, that this valuable institution will decay. The township is making its way into many States that have heretofore adhered to the pure county system. As the rural population in a State becomes denser the necessity of a government of smaller area than the county will always be keenly felt, and sooner or later such a government will be established. Among the various types that may be se- lected the township bids fair to remain the favorite. A high authority says : ' ' The Western method of local govern- ment (the county-township system) for simplicity, sj^m- metry, flexibility and administrative efficiency is superior to any other system which the Teuton mind has yet pro- duced." {Howard.) THE TOWNSHIP 215 QUESTIONS ON THE TEXT 1. What is meant by the county-township system? 2. Name the two types of the county-township system and describe each. 3. Name the States that have the New York type of the county- township system; the States that have the Pennsylvania type. 4. Give an account of the development of local government in Illi- nois; in Michigan. 5. What are the usual functions of the township? 6. Name the typical township officers and state the duties of each. 7. Describe the effect that township government has upon civic life. SUGGESTIVE QUESTIONS AND EXEKCISES (for students -wheke the county-townships system prevails) 1. What is said in the constitution of this State concerning the or- ganization and powers of townships? 2. Name the officers of this township. What are the duties of each of these officers? For what length of term does each one serve? 3. Do townships of this State belong to the Pennsylvania or to the New York type? 4. What functions does the township in this State perform? Would it be wise to give it more power? Why? 5. How many townships in this county? Name them. Bound the one in which you live. 6. Are there any villages or towns within this township? If any, how are they governed? (p. 218.) 7. May women vote for township officers in this State? May they serve as township officers? For what offices are women especially fitted? 8. Compare the merits of the supervisor plan with those of the commissioner plan, 9. Are the people of this township proud of the manner in which local affairs are conducted? If so, why? If not, why not? 10. Compute the number of township officers in this county. Esti- mate the number of such offices in the entire State. Describe the effect that would be produced upon the citizenship of the State if the town- ship government were abolished. 11. Is a love of locality inconsistent with love of country? Topics for Special WorTc. — Townships in the Central States: 18, 164-185. XXIX MUNICIPALITIES The Necessity for Municipal Incorporations. Thus far we have described those forms of local government that are most efficient when administering to the needs of rural and sparsely settled communities. For thickly settled communities, for the thousands of villages and towns ^ and cities which have sprung up within the boundaries of counties and towns and townships, a distinct type of local government is provided. It is plain that a large number of people living closely together, say a thousand persons upon a square mile of territory, has special needs and, therefore, should have a government with special powers. Such a densely settled community needs street-lights, side- walks, sewers, waterworks, fire engines, and the govern- ment of the township, or county or town within which it is located cannot furnish these things conveniently. It also needs special officers of government clothed with special powers. As long as it is governed precisely as the thinly settled region around it, it will suffer. Its taxes will be greater than the benefits which it receives in return ; its citizens will often act without regard to the public welfare or comfort; its sidewalks will be unpaved, its streets will be unlighted; its offenses against the health and the peace and the good order of the community will be ^ The word ' ' town ' ' is frequently used to denote simply a collection of houses and in this sense it is used here. The New England town is sometimes a purely agricultural area without so much as a considerable cluster of houses within its borders. 216 MUNICIPALITIES 217 committed, and there will be neither law nor officers to hinder. The State, as we have seen, comes to the relief of such a community and confers upon it the privilege of a municipal corporation. The Two Classes of Municipalities. Municipal corpora- tions, for convenience of treatment, may be divided into two classes. In the first class may be included all those chartered communities that have a simple form of or- ganization, limited local powers, and a small population, although population of itself is an untrustworthy guide for their classification. Such communities bear different names in different parts of the country, being called boroughs in some States, and towns or villages in others. The second class of municipalities is the cities. A city is almost always an enlarged town or village, and in out- ward appearance it is sometimes difficult to distinguish a small city from a large town, although between the govern- ments of the two there is a sharp difference. The govern- ment of the city is more complex than that of the town, its powers are greater, its officers are more numerous, and its local independence is more clearly defined. At what point in its growth a town or village shall cast off its simple organization and assume the dignity of cityhood de- pends upon State law. In many States a place must have ten thousand or more inhabitants before it is entitled to the privileges of a city, while in other States we find cities with less than three thousand inhabitants. Villages, Boroughs, Towns. It is customary to give a com- munity a municipal charter whenever its population be- comes large enough and dense enough to justify a separate organization. In some States when a district of less than a square mile in extent comes to have as many as three hundred inhabitants it is entitled under a general law to a village or town charter, and this it usually obtains from a judge of a court, or from a secretary of state. In a few 218 THE AMERICAN GOVERNMENT States, however, there are no general laws in reference to municipal corporations, and in these the legislature grants special charters giving to each municipality such a charter as it (the legislature) thinks it ought to have. The organization and powers of a village (or town, or borough) do not differ widely in the different States. Most of the officers are elected by the voters of the village. The governing body consists of a president, or mayor, or chief burgess, and a body of three or more trustees or burgesses or commissioners. In addition to these there is always a clerk, and frequently a treasurer, tax collector, a constable, a justice of the peace and a board of street commissioners. The village government usually renders the following serv- ices: (1) It keeps the peace. (2) It holds a court for the trial of minor civil and criminal cases. (3) It keeps the streets in order and provides good side- walks. (4) It lights the streets. (5) It furnishes a supply of water. (6) It supports the public schools. (7) It cares for the public health. (8) It purchases apparatus for the extinguishing of fires. The Organization of Cities. Since cities are controlled by the State legislature there are not only great differences in their organization in different parts of the Union, but even in the same State it is sometimes impossible to find two cities with the same form of government. Still, there are two well defined types of city government in the United States, the council system and the commission system. I. The Council System. In most American cities the municipal power is divided and given to a city council and a mayor, the council exercising the legislative power, and the mayor exercising the executive power. This organiza- tion is usually known as the council system. I^IUNICIPALITIES 219 The organization of the city council varies with the temper of State legislatures and with the theories of mu- nicipal reformers. It is always a representative body and its members are usually elected from municipal divisions known as wards. In a few large cities the council consists of two branches, but in a great majority of our cities, both gi'eat and small, it consists of a single body. The term of office of a councilman is sometimes as short as one year but it is never longer than four years. The council as the legis- lature of the city regulates the almost innumerable activities of the city government. A perusal of its proceedings as re- ported in the daily newspaper will show how closely its ac- tions are connected with the daily life of the urban resident. Its laws, called ordinances, affect profoundly the health, safety, peace, comfort, prosperity, intelligence and morality of the city. In cities where the council system prevails the executive power is vested in a mayor who is elected by the voters for a term varying from one to four years. The powers and duties of the mayor within the city are comparable to those of the governor within the State. The chief duty of the mayor is to carry into effect the laws and ordinances affect- ing the municipality. Associated with the mayor in the executive branch of a large city, there are numerous heads of departments and boards. Some of these are elected by the people, others are appointed by the mayor ; in a few States some of them (for example, the police and health com- missioners) are appointed by the governor, or by the State legislature. Serving under these chiefs and boards are as- sistants and employees, the number of whom increases with the size of the city, and sometimes consists of many thou- sands. A large, well organized city will usually have such departments and officers and boards as are indicated by the following outline: (1) Department of Finance: comptroller, board of esti- mates, collector of taxes. (2) Department of law: city solicitor, or attorney. 220 THE AMERICAN GOVERNMENT (3) Department of Public Safety: board of fire commis- sioners, commissioner of health, inspector of buildings, com- missioner of streets. (4) Department of Public Improvement: city engineer, water board, inspector of boilers. (5) Department of Parks and Squares: board of park commissioners. (6) Department of Education: board of school commis- sioners. (7) Department of Charities and Correction: trustees of the poor, supervisors of city charities. (8) Department of Taxes and Assessments. (9) Board of Police Commissioners. (10) Miscellaneous: city librarian, superintendent of lamps and lighting, surveyor, constables, superintendent of public buildings, public printer. In every large city there is a system of courts extending from the police or magistrate court up to the higher courts, but the judges of these courts, although they may be elected by the people of the city, are not strictly officers of the municipal government. Justice is administered in the name of the State, and the judicial department of a city is merely a portion of the State judiciary acting within the borders of the city. Appeals from courts of the city are taken to the supreme court of the State. II. The Commission System. In many of our cities the municipal power both legislative and executive is vested in a single body, usually known as a commission, although this body is sometimes called the city council. Under the com- mission system the governing body usually consists of five commissioners (or councilmen) elected by the voters of the city at large, there being no ward lines recognized in the selection or in the election of this commiission. Party lines as well as. ward lines are disregarded in the election of the commission, for candidates are nominated without the aid of party machinery and the election is conducted without regard to partisan results. One member of the commission is MUNICIPALITIES 221 the mayor who presides at the meetings of the commission (council) but who has no power to veto any measure. The commission passes the ordinances for the government and administration of the city and also carries the ordinances into effect. The executive and administrative authority and duties are distributed among several departments. These departments are usually five in number and are known as (1) the department of public affairs, (2) the department of accounts and finances, (3) the department of public safety, (4) the department of streets and public improve- ments, and (5) the department of parks and public prop- erty. At the head of each of these departments is placed one of the members of the commission, who is the super- intendent of his department and who is responsible for its workings. The mayor, by virtue of his office is the superintendent of the department of public affairs. The superintendents of the other four departments are desig- nated by a majority vote of the commission itself. All city officers such as the city clerk, the solicitor, the assessor, the treasurer, the auditor, the chief of the fire department and the like, are appointed by the commission. Thus it is seen that under the commission plan very great power is lodged in a small body of men. But the com- mission (council) is not likely often to abuse its power for wherever the commission system has been installed the people have usually reserved for themselves the powers residing in the initiative and referendum, and in the recall (p. 167). Where these devices are in operation the commission is held directly responsible and accountable to the electorate. The commission system is a development of recent years. It originated in Galveston after the great inundation of 1900. Des Moines followed Galveston in adopting this sys- tem and other cities followed in rapid succession. In 1914 about four hundred cities were governed under the com- mission plan, Buffalo, Denver, Duluth, St. Paul, Portland (Oregon), Spokane, Omaha, Oakland, Kansas City (Kan- sas), Lowell, Lincoln, Jersey City, Trenton, Memphis, Nash- 222 THE AMERICAN GOVERNMENT ville, Dallas, and Salt Lake City, being among the number. Another municipal reform of recent years is the city- manager plan. This has for its aim a greater concentration of the executive authority than that provided by the com- mission form. Where the city manager plan has been adopted the entire administration of the affairs of the city is entrusted to a single officer — the city manager — appointed by an elective commission or council. The power of the city manager extends even to the appointment of all the city officers and employees; the activities of the council being confined strictly to the passage of ordinances. Among the cities that have adopted the city manager plan are Dayton, Sandusky, and Springfield in Ohio, Sumter in South Caro- lina, Phoenix in Arizona, and Jackson and Manistee in Michigan. The Sphere of Municipal Activity. In the early days of our history the powers granted by a charter were such as were necessary to satisfy special local needs and these re- ferred chiefly to the preservation of law and order. As the cities grew larger it became necessary for municipal govern- ment to render additional services. When it was learned that as an agency for the suppression of crime one street lamp was worth two policemen, cities generally undertook the business of street lighting, and when it was discovered that an engine for the extinguishment of fire was worth many times its cost, they began to purchase fire engines and other apparatus for the volunteer fire department. During the last fifty years the percentage of our urban population has grown with astonishing rapidity, and with the increase in the number and size of cities municipal government has become more and more complex, and the range of municipal activity has widened. It would be difficult to enumerate all the things done by a progressive municipality of to-day. The city government furnishes police protection, supports fire brigades, provides water supplies, lights the streets with gas or electricity, and paves ^ MUNICIPALITIES 223 and cleans them, constructs sewers, helps the poor and unfor- tunate, maintains a system of elementary and high schools, preserves the public health, abates nuisances, inspects food, removes garbage, supports parks, libraries, hospitals, ceme- teries, fosters music and literature and art, provides and equips playgrounds for children, and does a score of other things that would have, amazed our forefathers. QUESTIONS ON THE TEXT 1. TJnrler what circumstances does government under a municipal incorporation become necessary? 2. Into what two classes may municipal incorporations be divided? 3. Describe the organization of the village or borough. What are the services of municipalities of this class? 4. Give an account of the organization and power of the city council. 5. What are the powers and duties of the mayor? 6. Name the usual municipal executive departments. 7. What is the relation of the city courts to the municipality? 8. Describe the commission system; the city manager plan. 9. What are some of the things done by the modern municipality? SUGGESTIVE QUESTIONS AND EXEECISES (for students living in smaller municipalities) 1. Secure, if possible, a copy of your municipal charter and learn the boundaries, the titles of the officers, and the powers of your muni- cipality. 2. Secure the names of the officers who are now serving in the offices in your town. Which of these are serving without pay? 3. What can you say of the condition of the streets of your town? of the efficiency of your fire department? of the efficiency of your police department? of the success of your school system? 4. Look around you and discover something that you as pupils may do to improve your town, (Let each student mention one thing.) 5. You have discovered a few things which you as students may do for the betterment of town affairs. Now organize as a civic club and set about doing these things. 6. Would you vote for a town officer regardless of the political party to which he belongs? Give reasons for your answer. 7. Name all the chartered municipalities situated in the county in which you live. 8. To what extent is your town under county government? 224 THE AMERICAN GOVERNMENT n (foe students living in cities) 1. Compare the organization of your city with the one outlined in the text. As your city increases in population what changes will have to be made in its government? 2. What is the length of the mayor's term of office? What is his salary? What officers and boards does he appoint? 3. Describe the organization of your city council. What is the method of representation in this council? Do you know the name of the person who represents your ward in the council? Bound the ward in which you live. 4. (See exercise 5 above, substituting "city" for "town.") 5. (See suggestion 6 above.) 6. A citizen of a city said: "I always vote at State and national elections, but I never vote at municipal elections. ' ' In what particular was this citizen neglecting his personal interest? What special quali- ties of citizenship are necessary in a city? 7. Make out a list of the services performed by the national, State and municipal governments respectively. 8. Name a few of the influences that make for bad city govern- ment. Can any of these be overcome? 9. What agencies are now at work in your city for the improvement of its government? Topics for Special Worlc.— The City Council: 14, 137-176. The City Beautiful: 15, 239-248. The City for the People: 15, 280-299. Popular EesponsibiUty: 17, 244-274. Civic Education: 17, 91-120. Home Eule for Cities: 30, 336-344. The "Commission" System: 30, 356-360. The City the Battle-Ground of Democracy: 30, 503-506. XXX PARTY ORGANIZATION The Nomination of Candidates. One of the most important of the services performed by a political party is to nom- inate candidates for office. A person may announce him- self as a candidate and secure votes for himself without being named as the candidate of a party, but it seldom happens that any one is elected to an important office in this way. Before one can hope for success at the polls one must first receive the endorsement of a political party. A nomination by a party is an announcement to voters from a responsible source that the candidate named pos- sesses personal fitness for the office to which he aspires, and that his political views agree with the doctrines pro- fessed by the party. In a great democracy intelligent voting is almost impossible unless candidates are agreed upon before election day. The Development of Party Organization. A history of presidential elections would be a history of party organiza- tion. The early presidential elections were conducted with- out the aid of elaborate party machinery. In 1804 the democratic members of Congress assembled as a caucus and nominated a candidate for the presidency. In making this nomination they acted as private citizens and not, of course, as members of Congress. Presidential candidates continued to be named by the congressional caucus for several elections, although dissatisfaction with the method soon began to show itself. The people were not content 225 226 THE AMERICAN GOVERNMENT that their candidate for the presidency should be named by members of Congress, and they soon began to clamor for the privilege of making their own nominations. In 1823 the people of Blount County, Tennessee, at a mass meeting nominated Andrew Jackson for President. From this time on nominating influences began at the bottom instead of at the top. Mass meetings, State legislatures and State conventions began to express their views as to presi- dential candidates, and by 1832 the congressional caucus had disappeared and a national convention consisting of party delegates from all the States had begun to name the party candidate for President and Vice-President. Along with the popular method of naming the presiden- tial candidates there was established the custom of elect- ing the presidential electors by the direct vote of the peo- ple. At the beginning of the nineteenth century, in a majority of the States, the electors were chosen by the legislature, but by 1832 all the States but one (South Caro- lina) were electing the electors by a popular vote This change was made necessary by the requirements of party organization. If a presidential election was to be a party affair and a popular affair, the party must not only name the presidential candidates, but it must also elect the electors who were to choose the President. Thus party organization in the United States was built up while men were finding a way to nominate a candidate for the presidency, and the presidential nomination is still the central subject of party activity. Since this is so, we may most conveniently study the subject of party or- ganization by following the workings of a party in a presi- dential year. Permanent Party Organization. The work of a political party does not end on election night when the ballots have been counted. The life of a party must be supported from one election to the next, and this is done by means of a permanent organization, which is maintained throughout PARTY ORGANIZATION 227 the length and breadth of the land. In almost every town- ship, village, election district, and city ward, each of the great parties has its permanent local committee of manage- ment. Likewise it has its permanent county, city and State committees. Above all these it has a permanent National CoTnmittee, consisting of one member from each of the States and Territories. These permanent committees do the heavy work of poli- tics. Indeed, they do all the work of politics except voting. They issue calls for the nominating conventions to be de- scribed below; they organize political clubs; they arrange for political mass meetings and processions; they solicit funds for conducting campaigns; they urge voters to be registered, and then urge them to come to the polls; in many other ways they promote and defend the interests of the party, through good and ill report, after defeat as well as after success. The members of these party committees are generally experienced politicians, and they know how to organize and control men. They are skillful in determining what the rank and file of the party desire, and they are quick to respond to the comjnands of public opinion. Their services are generally performed without compensation. In many instances, however, in the event of party success, they expect either to hold office themselves or to assist their friends to office, or to profit personally in some other way. Party Conventions. The chief work of the permanent com- mittees is to keep the nominating machinery in motion. This consists of a series of party conventions which in a presidential year are all called into action. These conven- tions, beginning with the lowest of the series, will now be described : I. The Primary. In the spring of a presidential year the permanent local committees of the lowest grade, in response to an order which has come down to them through 228 THE AMERICAN GOVERNMENT the State committee from the National Committee, call together the voters of the party within the town or elec- tion precinct or ward to confer and act upon party mat- ters — especially upon matters relating to the nomination of a candidate for President — in a primary meeting.^ At the primary two things at least are likely to be done: (1) the permanent local committee is either reelected, or a new one is chosen, and (2) delegates to a county (or city) con- vention are elected. These primary meetings are quite in the nature of pure democracies. Sometimes they are held in a hall and are so conducted that any voter, in addition to voting, may ex- press his opinion in discussion. They are the meetings where the voting masses of the party have a direct voice in the management of the party's affairs. They can be con- trolled by the voters of the party, and if they are controlled by the party managers (the permanent committee) it is the fault of the voters. After the people have expressed themselves at the pri- maries they have nothing further to do with party man- agement. Everything henceforth is in the hands of the delegates and managers chosen in the primaries. It is only natural that the permanent organization should seek to control the primaries, for if they can do this they can name the delegates to the higher conventions, and thus control the nominations for all the higher offices, and can secure for themselves and friends appointments to office. If the voters of a party do not like the nominations which il are made they can, of course, vote against the candidates 'f at the polls, but voters are loath to do this. It seems to • be much easier to neglect one's duties at the primaries than it is to rebuke the party management on election J For many years the primary, like the entire party or- ganization, was an extra-legal, voluntary institution. It was controlled by rules made by party managers and ^ Sometimes called a caucus. PARTY ORGANIZATION 229 whether it was conducted honestly or otherwise was not an affair of governmental concern. If at the primary election there was cheating or irregularities no one could be pun- ished. But in recent years, in most of the States, primaries have been placed under the control of the law and have been conducted as regularly and as honestly as other elec- tions (p. 345) are conducted. It is the part of good citizen- ship to give these primary election laws the heartiest sup- port, for the primaries are the springs in which the great stream of politics rises, and that stream will be pure or impure according as the source is pure or impure. il. The County (or City) Convention. We left the pri- mary sending delegates to the county convention in a presi- dential year. These delegates may be instructed at the primary to act in the interest of a certain man as the party candidate for President, and to support certain po- litical measures, or they may go to the convention free to act as their judgments direct. In a short time after the primary election they assemble (usually at the county- seat) as the county convention of the party which they represent. This body, consisting perhaps of forty or fifty men, elects three or four or five delegates to represent the party in a State convention. If the county convention is in favor of a certain man for President it may instruct these delegates for this man in the State convention. III. The State Convention. A few weeks after the county convention, delegates from all the counties (and cities^) assemble at some convenient place as the State convention of the party. This body, consisting sometimes of several hundred men, passes resolutions expressing the political views of the party in the State, names its choice for presi- dential candidate — if it happens to have a choice — and, in a few States, elects delegates to a National Convention, the number of delegates allotted to each State being twice the * In a city each ward in primary meeting sends delegates to a city convention and this body elects delegates to the State convention to meet with the delegates from the counties. 230 THE AMERICAN GOVERNMENT number of its representatives in both Houses of Congress.^ Sometimes it also selects candidates for presidential elec- tors. Although the men in this convention are several degrees removed from the voting mass, yet if the sentiment at the primaries was pronounced and definite it will find expression in the State convention. If, on the other hand, the voters at the primaries gave no direct indication of their will the delegates in the higher conventions must act according to their judgment. IV. The National Convention. In June or July, all the State conventions having been held, the delegates from the States (and Territories) assemble as the great National Con- vention. This body, consisting of more than a thousand men, meets in some convenient city, and after several days of discussion, expresses the views of the party upon public questions in the shape of a platform and chooses candidates for President and Vice-President. The Presidential Campaign. After all the political parties have named their candidates > the struggle for election be- gins. Political meetings are held, the claims of the candi- dates are urged, the platforms are explained and de- fended, and everything that can be done to influence voters is done. The campaign, with all its faults, is a most wholesome element in our public life. It is the school-time of de- mocracy. By it, men's attention is strongly attracted to public affairs, civic spirit is awakened, and voters are edu- cated. The greatest objection to lengthening the presi- dential term is that to do so would be to deprive the peo- ple of the great educational advantage of frequent presi- dential campaigns. ^ In most of the States the State convention elects only four delegates (called delegates at large) to the National Convention, the other dele- gates being elected at congressional district conventions, two delegates being chosen from each district. Where this is the practice the district convention selects a candidate for presidential elector. PARTY ORGANIZATION 231 The Election of the President. The campaign continues until the election day in November, when the voters render their decision. They do not vote for a President directly, but for electors as the Constitution provides (146). Since these electors are nominated and elected by a party they are morally bound to vote for the candidate of the party which elected them, and no elector has ever proved unfaith- ful to the party that elected him. The President is, there- fore, really elected at the polls. The electors chosen in November meet in their respective States in January and vote for President and Vice-Presi- dent. The results of this vote are despatched from the several States to the President of the Senate at Washington and on the second Wednesday in February Congress meets to count the votes. The person receiving the majority of the votes cast for President is declared to be elected, and the person receiving the majority of the votes cast for Vice- President is declared to be elected. When no person receives a majority of all the electoral votes, the Constitution provides that the House of Representatives shall choose a President and the Senate a Vice-President, and states precisely how the election shall be conducted (148). Direct Nomination. In many States the convention sys- tem of nominating candidates has been abandoned and nominations are made by a direct vote of all the voters of the party. Under the plan of direct nominations the voters "go to a primary meeting, which is managed in practically the same way as a regular election, and vote directly for the candidates whom they wish to represent their party at the next election." In other words, under the direct system the voters select their own party candi- dates; they do not entrust the selection to party repre- sentatives, or to the action of party conventions. When county officers, for example, are to be nominated, the voters of a party, instead of electing delegates to a county convention authorized to nominate these officers, express 232 THE AMERICAN GOVERNMENT their choice for candidates at primary elections held throughout the county, and the candidates who win at the primaries are put on the ticket as the regular party nom- inees. If a candidate for governor is to be chosen the voters of the party throughout the State express their choice at the primaries and the person most in favor at the pri- maries becomes the regular party candidate for governor. The system of direct nomination has been adopted by a great many States and is growing in popularity. Some leaders even propose that the system be extended to the nomination of presidential candidates. Indeed, in some States, presidential primaries are held and voters are given an opportunity to express by direct vote their preference in respect to presidential candidates. QUESTIONS ON THE TEXT 1. What services do political parties render when they nominate candidates for office? 2. Give an account of the development of party organization in the United States. 3. Describe the permanent organization of a political party. 4. Give an account of the primary meeting and point out the im- portance of the meeting, 5. Describe the party conventions above the primary meeting. 6. Give an account of a presidential campaign. 7. What is the duty of a presidential elector? 8. Describe the system of direct nominations. SUGGESTIVE QUESTIONS AND EXEECISES 1. Are primaries in this State legalized? If they are not is there a strong sentiment in favor of legalizing them? 2. Are the politicians -whom you personally know better or worse than their neighbors? (Avoid using or suggesting any names.) 3. How many electoral votes has this State? 4. What Presidents were elected by Congress? 5. Show that it is possible for a man to be elected President without receiving a majority of the votes cast. 6. Show that it is possible for a single vote at the polls to decide a presidential contest. Topics for Special WorTc. — The Nomination of Candidates: 25, 34- 78. Presidential Leadership: 12, 25-41. The National Convention: 2, 473-485. The Party Machine: 30, 373-378. PART III THE FUNCTIONS OF THE AMERICAN GOVERNMENT: ITS SERVICES XXXI THE FUNCTIONS OF GOVERNMENT Introductory. In the first part of this treatise the great principles and fundamental ideas of the American political system were considered, and in the second part of the formal organization of the several grades of government which are included in that system were studied. In this, the third part, we shall be concerned with the functions, or, as we may say, the services, of our government; but be- fore we take up the particular topics of this division of our work it will be best to glance at the subject of govern- mental functions in general. The Scope of Governmental Activity. The services ren- dered by the different governments of the earth vary with the racial instincts and the character of the civilization of the people whom the governments serve. As a general rule Teutonic and Anglo-Saxon peoples who are true to their political instincts are jealous of governmental au- thority, and are inclined to be chary of increasing the governmental functions, while Latin and Oriental peoples regard government with kindlier feelings, and are lavish in according power to it. The functions of government vary not only from country to country, but they also change in the same country from year to year. It follows, therefore, that any enumeration of the functions of govern- ment must be more or less typical in character. Such an enumeration is nevertheless useful, for it gives a general notion of the scope and nature of governmental activity. A typical progressive government does the following things : 235 236 THE AMERICAN GOVERNMENT (1) It makes new laws to meet the ever changing con- ditions of society. (2) It renders justice between man and man, and be- tween man and the State. (3) It provides a defense against foes. (4) It protects and promotes its international interests. (5) It supports itself by means of taxation. (6) It borrows money in time of stress. (7) It coins money and establishes standard weights and measures. (8) It regulates commerce, domestic and foreign. (9) It maintains a postal system and provides thorough- fares for travel and transportation. (10) It conducts the election of public officers. (11) It preserves the family as an institution of society. (12) It provides for the education of the young. (13) It regulates commerce and industry. (14) It defines and punishes crime. (15) It helps the poor and incapable. (16) It cares for the morality, health, comfort and con- venience of citizens. Nearly every modern civilized government does all the above things, and some governments do much more. In most of the countries of Europe the railroads, the telephone and telegraph systems, and, in some instances, the mines, are operated by the government. In many of the cities of Europe the scope of governmental authority is still fur- ther enlarged, embracing not only such functions as the supplying of gas and water, but extending to such ser- vices as the maintenance of public baths, laundries, pawn- shops, savings-banks and lodging-houses. In London the city government has gone so far as to supply sanitary milk to the poorer classes. Government and the Individual. The functions of govern- ment in all progressive countries are increasing and must continue to increase. Civilization is growing more com- THE FUNCTIONS OF GOVEKNMENT 237 plex, human interests are multiplying and conflicting with each other as never before, population is increasing with startling rapidity and is crowding into the cities, inven- tion and processes of manufacture and methods of busi- ness are changing the face of the industrial world. The circumstances of this modern life do not permit the large individual freedom of former days. In order to make the proper social adjustments under the new conditions government must step in and do things that it has not done before, and that in a past age it would not have ventured to do, and with each new function added to government personal liberty is to some degree curtailed. The individual withers as the state grows more and more. But government in a democracy cannot assume an addi- tional function without the consent of the voters. The voter, therefore, is constantly called upon to determine the proper limits of governmental activity. Shall the gov- ernment operate the railroads, or shall individuals con- tinue to operate them? Shall the municipal government furnish the people with ice as it furnishes them with water, or shall the ice be furnished by private enterprise? Shall the government carry telegraphic messages as it carries letters, or shall the telegraph business remain in private hands? Shall the municipality provide a free lunch for school children as it provides free text-books, or shall par- ents attend to the lunches? Shall government regulate the hours of labor, or shall each man be permitted to work as many hours or as few hours as he pleases? In all such questions the voter must decide either in favor of the in- dividual or in favor of the state. Political science cannot point out to the voter precisely what government should do and what it should not do, for the sphere of government cannot be circumscribed ''by the ring fence of a definition," but political science can sound a note of warning. The most judicious of all men who have written on the subject of human liberty, John 238 THE AMERICAN GOVERNMENT Stuart Mill, has sounded this note in the clearest tones.^ "Whatever theory," he says, "we may adopt respecting the foundation of the social union, and under whatever political institutions we live, there is a circle around every individual human being which no government, be it that of one, of a few, or of the many, ought to be permitted to overstep ; there is a part of the life of every person who has come to years of discretion within which the individu- ality of that person ought to reign uncontrolled either by any individual or by the public collectively. This reserved territory ought to include all that part which concerns only the life, whether inward or outward, of the individual, and does not affect the interests of others, or affects them only through the moral influence of example." Here is a test that should be applied to every proposed extension of governmental authority. When government is permitted to invade one's private life and make regulations in re- spect to matters that do not directly and closely and power- fully affect the outer social world, human liberty suffers a loss for which no governmental service however great is likely to be a full compensation. Besides the broad principle stated above, there are sev- eral other considerations that should always have weight when the extension of governmental authority is proposed: (1) The more we give government to do, the more habitu- ally will we look to government to help in the solution of the difficulties of life, and the habit of looking to the state as the great deliverer and provider tends to dwarf the faculties of self-reliance and self-help. (2) The more the government has to do the greater the army of government officials and the greater the danger of a bureaucracy, which is another word for official tyranny. (3) If the government is not doing well what it is now undertaking to do it is hardly probable that an extension of its functions would result in success. (4) When a private enterprise is ren- dering a certain service to society in a way that is generally ^Mill, "PoUtieal Economy," Vol. II, p. 560. THE FUNCTIONS OF GOVERNMENT 239 satisfactory it would be unwise to burden government with that service. Individualism, Liberalism and Socialism. In the field of practical politics we find men differing widely in their views as to the proper sphere of government. Some would limit the province of government strictly to the defense of the nation against foreign foes, and to the protection of persons and property against fraud and violence, leav- ing all other social interests to be attended to by private enterprise and effort. Those who believe in this let-alone (laisser-faire) policy may be styled the individualists of politics. They now form but a small part of the voting population of any free country. Next to the individualists may be classed those who would add to the merely protective functions of govern- ment certain others, such as the management of the post- office, the establishment of public schools, the improvement of rivers and harbors, the maintenance of thoroughfares — social services that can without doubt be performed by the state better than by the individual. Those who favor this moderate extension of the functions may be called liberalists. They constitute by far the largest class of voters in almost every country of the world. Lastly, there are the socialists who believe in an enor- mous increase in the functions of government. Under socialism the state would own and control not only all the means of transportation and communication, railroads, steamboats, canals, telegraph and telephone lines, but it would also own and control all the means and instruments of production, the mines and forests and farming lands, and shops and factories and mills. Under such a program individual enterprise would disappear almost entirely, and there would be substituted in its place the collective effort of society. The state would be a great joint stock company whose membership would comprise the whole body of citi- zens, and whose object would be to provide for the material 240 THE AMERICAN GOVERNMENT wants of its membership. Of course if the state should be the sole producer it follows that it would also make a distribution of the products, giving to each person (each member of the joint stock company) his just portion of the goods produced. What the portion of a given individual would be would depend upon the quantity and quality of the labor which the individual performed. If a person able to work performed no labor at all he would get no portion at all and would consequently starve to death. Under the socialist program everybody able to work would be compelled to work. Socialism is exceedingly strong in some of the countries of Europe, especially in Germany, where the socialist party outnumbers any other political group. In the United States the socialists are organized as a political party and are increasing in numbers. QUESTIONS ON THE TEXT 1. Enumerate the functions of a typical progressive government. 2. What circumstances of modern life tend to strengthen the state at the expense of the individual? 3. What rule does Mill give in respect to the limitation of govern- mental authority? 4. What four considerations should have weight when deciding for or against a proposed addition to the functions of government? 5. What is meant by individualism in politics? 6. Who are the liberalists in politics? 7. What is meant by socialism? SUGGESTIVE QUESTIONS AND EXEKCISES 1. Enumerate the functions of your town or city government. Is it doing anything that could be better done by private enterprise? What things are now being done by private enterprise that could be better done by the municipal government? 2. WTiere is there more individual liberty, in the city or in the coun- try? 3. Prepare a ten-minute paper on, "The Municipal Functions of Glasgow." (Consult Shaw's "Municipal Government in Great Britain.") 4. Determine in which of the following instances there would be a violation of the rule laid down by Mill and given in the text: The Government — (a) compels everybody to be vaccinated; (&) forbids the THE FUNCTIONS OF GOVERNMENT 241 reading of certain books; (c) forbids the sale of certain books; (d) furnishes the milk that must be drunk; (e) furnishes the virus that must be used in vaccination; (/) compels everybody to attend church; (g) compels everybody to attend a certain church; (h) forbids the sale of oleomargarin; (i) compels dealers to label oleomargarin as such; (j) forbids the use of oleomargarin altogether; (fc) compels parents to send their children to school; (l) compels parents to send their chil- dren to certain schools. 5. Of the following enterprises name one, if there is one, which should be undertaken by government in this country: (a) The operation of telegraph lines; (&) the operation of railroads; (c) the operation of trolley lines in cities; (d) the operation of coal mines; (e) the manufacture and sale of gunpowder; (/) the manufacture and sale of illuminating gas; (g) the manufacture and sale of ice. 6. If government should undertake the enterprises named above to which of the several grades of government, local. State or federal, would each enterprise be assigned? 7. Public Oyinion Laiv. — In Illinois it is provided by law that upon petition of ten per cent, of the voters of the State any question of public policy may be submitted to the voters of the State. The vote upon a question thus submitted does not bind the legislature but merely serves as an expression of public opinion; and it is an indica- tion of what the people want. What do you think of this device? Compare its merits with those of the initiative. Topics for Special Worlc. — The Functions of Government: 21, 514- 528. Socialism: 21, 500-512. Outlines of the Socialist State: 24, 277-323. Personal Liberty vs. Governmental Authority: 30, 392-397. Governmental Enterprise in the Non-Essentials : 30, 402-410. XXXII LAWS Introductory. A constant service of a popular govern- ment is to make laws suitable to the ever changing con- ditions of society. Since the American voter is indirectly a law-maker — frequently he is a direct law-maker — he ought to have clear and just notions respecting the nature of laws. He ought to know what law is, what are the dif- ferent kinds of laws, what are the characteristic features of a law, and above all he ought to have sound ideas in respect to what law can do and what it cannot do. In this chapter we shall consider those phases of the subject of law which are of practical interest to the voter. What a Law is ; the Different Kinds of Laws. A law is a formal expression of the will of society in respect to some matter of social concern : it is a rule of action made by government and enforced by the sovereign authority of the state. A rule of action that cannot invoke for its enforce- ment the whole power of the state is not a law in the sense in which the word is here used. A satisfactory classification of the thousands of laws that are now in operation is difficult to make. A lawyer classi- fies laws in one way, a political scientist in another. The broadest classification of laws is made when they are divided into puhlic laws and private laws. All laws may be regarded as defining and protecting the rights of per- sons, and persons may be regarded as either public or private. By a "public person" is meant either the state 242 LAWS 243 or a body holding authority under it; by a "private per- son" is meant the individual citizen. A public law is one which regulates rights where one of the persons concerned is a public person, that is to say, the state, and a private law is one which regulates rights where both of the parties concerned are private persons, "The punishment, for in- stance, of a traitor is a matter of public law. The right violated by him is a public right, because the person in whom it resides is the state. The state has a right not to be conspired against. ... If, on the other hand, a car- rier damages my goods, the question raised is one of pri- vate law. My right to have my goods safely carried is a private right because both the carrier and myself are pri- vate individuals. ' ' ^ Another useful classification of American laws may be made by considering their origin and grouping them ac- cording to the sources from which they have emanated. Such a classification gives us the following groups of laws. 1. Constitutions, (federal and State). 2. Initiative and Referendum Laws. These originate with the people and are a direct expression of the people's will. 3. Statutory Laws. These are the laws that have been formally passed and promulgated by a legislative body. They include the treaties made by the United States, the statutes of Congress and of the State legislatures, tlie ordinances of municipal councils and the by-laws of town- meetings. There must be placed in this class also those laws of the colonial assemblies, and of the British Parlia- ment that were in force in the colonies at the time of the Revolution and that have never been repealed. 4. The Common Law. A fourth class of laws consists of a set of rules and principles which have not been pro- mulgated by a legislature, but which have grown out of custom and usage and have been gathered from judicial decisions (p. 181) and from the opinions of jurists. These *See Holland, "Jurisprudence," p. 101. 244 THE A]\IERICAN GOVERNMENT rules and principles constitute the common law. Consti- tutional laws and statutory laws are written, but the com- mon law may be said to be unwritten, for its rules are not formulated in written documents. Most of the rules of the common law have come to us from England, but custom is making laws in America all the time, and when an American custom has hardened into a law that law is to be classified as belonging to the common law. The rules of the common law are so fundamental and so important that they are often called the "great body of the law" — the vital principles of all law. Some of the Characteristic Features of Law. Among the characteristic features of a law there are several that fre- quently have a practical bearing upon daily conduct: (1) All laws are equally binding. If a law has originated from a rightful source and conflicts with no higher law it is binding, whatever may be its origin. A by-law of a town- meeting is as relentless in its operations as a law of Con- gress, and if necessary armies and fleets will assist in its enforcement. (2) The law is no respecter of persons. Everybody, rich or poor, high or low, who comes within the scope of the authority of a law must obey it. (3) Ig- norance of the law excuses no one. When a law is passed means are sometimes taken to give it publicity by adver- tising it in newspapers, but government does not under- take to inform everybody of every law that is passed. It is assumed that citizens are able to learn what the law is, and the maxim is that to be able to know is the same as to know. This rule sometimes works hardships, but it could not safely be changed. (4) A law remains in force until it is repealed. ' ' Laws sometimes sleep, but never die. ' ' In a case tried recently in the District of Columbia the judge recognized as binding a statute passed by the British Parlia- ment in the reign of Richard II (1372-1399), and decided the case in accordance with the ancient and almost forgotten statute. LAWS 245 Law-making and Public Opinion. For the regulation of the varied interests and activities of our busy and progres- sive life thousands of laws have been made and thousands more are making. This production of laws cannot cease. As a community develops the laws must keep pace with the new conditions. Steam has called forth hundreds of laws, and electricity is constantly presenting problems for the consideration of the law-maker. Not only must new laws be made, but old ones must be repealed or amended. The ideas of men concerning right and justice change, and it is the business of the legislature to make the law con- form to existing views. To meet the demand for new legis- lation the energies of our legislatures, municipal. State and federal, are taxed to the utmost. Frequently more than a thousand laws are passed at a single session of a State legislature, and it has been estimated that the output of Congress and of all the State legislatures is more than ten thousand laws every year. In this hurly-burly of law-making the voter takes a part ; he chooses the representatives who make the laws, and in this way is brought very close to the actual work of legis- lation. When considering a proposed law there is one rule the voter should keep in mind, and that rule is this : A law should not be enacted if public opinion is strong against it. Public opinion is the moral force which at a given time sways and controls a community. This force may be low or it may be elevated, but it is always a controlling force. In an absolute monarchy, as well as in a republic, successful resistance to public opinion is quite impossible. If people are ruled by a despot, it is because they desire to be ruled in that way; the despotism falls as soon as public opinion is hurled against it. Laws as well as other things must bend to this irresistible power. Indeed, we may say that a good and useful law should always be enacted by public opinion before it is passed through the legislature. We cannot always tell on which side of the question public opinion really stands, and cannot for this reason 246 THE AMERICAN GOVERNMENT always determine in advance whether a proposed law will receive its support or not. We may not be able to tell what public opinion will do, but there are several things we may confidently predict it will not do: (1) It will not support laws that require for their en- forcement a much higher average of morality than that which already exists. A member of a State legislature in- troduced a bill enacting the ten commandments and the golden rule into laws. If the people of the State at the time were generally obeying the commandments and the golden rule his bill was not altogether absurd, but if they were considerably below this grade of morality his bill was as preposterous as it would have been if it had provided that all men should be happy, and that rivers should flow with milk and honey. Legislation may punish law-breakers, but it cannot make men good. (2) It will not support laws that provide for a wide departure from present habits and customs. Men are creatures of habit, they are prone to act to-day as they acted yesterday; and when a law demands a sudden and radical change in deeply rooted customs it does violence to human nature. Englishmen are accustomed to say that there is nothing which their Parliament cannot do. There is doubtless one thing it cannot do: it cannot make the people of England abandon their clumsy custom of reckon- ing money in pounds, shillings and pence. (3) It will not support ideal schemes of government. Society is a mixture of good and evil, and while the ma- jority of men in a state are never utterly base, neither is the majority ever supremely good. Laws, therefore, which are framed upon the assumption that men are ideal crea- tures will not secure the support of public opinion. Here is where well-meaning people often err. They plan for a state in which there is no selfishness or injustice or wrong- doing. They construct ideal commonwealths, apparently forgetful of the fact that they themselves would not be willing to live for six months under one of their LAWS 247 own creations. Many ideal commonwealths have been proposed, but no sane man ever yearned to live in one of them. Public opinion will support laws that make for the betterment of social conditions — it is constantly doing this — but it will ruthlessly shatter the fabrications of dreamers. (4) It will not support arbitrary or whimsical laws. Very often the law has attempted to regulate things that ought to be left to regulate themselves. Thus laws have been passed limiting the number of dishes to be served at a dinner, and prescribing the kind of jewelry that might be worn. A Scottish parliament was rash enough to at- tempt to regulate the amount of money that women should spend for dress. Regulations of this kind are called sump- tuary laws. They have nearly always failed to receive the support of public opinion. Obedience to Law. Laws which do not receive the support of public opinion are sure to be violated, while the violators go unpunished. This is the great mischief of such laws. A law is made to be obeyed. We may not like a law, we may think a law foolish or harsh or unjust, yet as long as it is a law we should obey it. To obey a bad law might work some temporary inconveniences, but these would not be so regrettable as would be the habit of violating the law with impunity. Obedience to the law is an essential fea- ture of good citizenship under any form of government. Especially is this true in a democracy, where all laws flow from the people, and where the citizen looks to law and not to a monarch, not to a person, for the protection of his rights. When citizens in a democracy begin to lose their respect and reverence for the law and to disregard its com- mands they are preparing a way for anarchy, and anarchy leads to despotism. Society can exist only where the laws are obeyed, and it is sure society must and will exist. If the people will not obey their own laws the tyrant will come forward and impose his laws upon tljem and compel 248 THE AMERICAN GOVERNMENT obedience. The man on horseback, the man of blood and iron, is better than social chaos. QUESTIONS ON THE TEXT 1. What is a law? Define private law; public law. 2. Classify the laws with respect to the sources from which they have emanated. What is the common law? 3. What are the several characteristic features of a law? 4. What connection is there between voting and law-making? 5. Define "public opinion." 6. Name the kinds of laws public opinion is not likely to support. 7. What would be the result of a general disregard of the laws? SUGGESTIVE QUESTIONS AND EXEECISES 1. Name some new inventions which will be likely to call forth new laws. 2. "A law passed to-day ought not to bind future generations. A law ought to repeal itself after it has been in force for twenty-five years." What would be the disadvantages of limiting the binding force of all laws to a brief period? 3. Would you vote for a law which provided that no child under twelve years of age should appear on the streets alone after nine o 'clock in the evening? for a law which forbade ladies to wear the feathers of birds in their hats? for a law which forbade boys to smoke cigarettes? for a law which forbade girls to chew gum? for a law which compelled street- car companies to furnish seats to all passengers? for a law which forbade the ringing of church bells? for a law which provided that pupils should always know their lessons? Give reasons for each of your answers. 4. ' ' The best way to get a bad law repealed is to enforce it. ' ' Is it better for judges to enforce a bad law and thus hasten its formal repeal by a legislature or to allow violators of it to go unpunished? 5. Name a few of the social and intellectual forces which go to make up public opinion. 6. What will be the course of a true statesman who finds that his opinion does not agree with public opinion? 7. Define statute, by-law, ordinance, constitution. 8. Watch the proceedings of the State legislature and of Congress and report important legislation. (Your representative in Congress will furnish you with the "Congressional Eecord. ") 9. Does the constitution of this State say anything about the com- mon law? Topic for Special WorTc. — How Public Opinion Eules in America: 2, 486^98. XXXIII DEFENSE Defense an Indispensable Function of Government. A nation must provide a defense against public foes. Here is a function of government that is indispensable. Every nation has its enemies, external and internal. A foreign power impelled by avarice or ambition or revenge or envy may wage war upon us, or a lawless element at home may threaten the security of life and property. The princi- ple of self-preservation requires that a nation be prepared to resist the attacks of both these classes of foes, and self- respect demands that resistance be actually offered when offense is given. The doctrine that we should passively fold our arms and not resist an attack upon our persons or an invasion of our country is contrary to the teachings of experience and to the facts of human nature. Haste the day when war and lawlessness shall cease, but until they shall cease nations must be prepared to meet force with force. National Defense. The defense of a nation is complete when it can hurl its entire strength against an enemy. In order to secure the strength which comes from unity and harmony the Constitution gives to the federal government the power of raising and supporting armies and navies (56, 57), and of making rules for their control (58). A State may not engage in war with a foreign power, except in case of actual invasion (77). The responsibility of de- claring war rests with Congress (55). In' giving to Con- 249 250 THE AMERICAN GOVERNMENT gress the power to declare war instead of vesting the power with the President, the framers departed from the usual practice of governments. The declaration of war hitherto had been a prerogative of the executive, but the members of the Convention of 1787 were not disposed to make the executive strong at the expense of the legislature. The instruments of national defense are the army and navy. I. The Army. The Department of War and the office of the Secretary of "War were created by an act of Con- gress in 1789. The regular army established by the new government consisted of only a few thousand men — a force just sufficient to keep the Indians in order. The policy of maintaining a small standing army, inaugurated in the beginning of our history, has been continued to the pres- ent time.^ In time of war we have put into the field as many as a million of men, but in times of peace our army has always been small, ridiculously small when compared with the standing armies of the great powers of Europe. The policy of supporting a regular army no larger than is consistent with national safety is undoubtedly sound. The army is always under the control of the executive (92), and if it were overwhelmingly large it might be used — as in the history of nations it often has been used — to crush out popular rights and establish a tyranny. More- over, a large standing army is maintained at an enormous cost. The army of Russia consists of more than a million of men. These men produce nothing themselves, yet they consume a large portion of that which is produced by others. Congress may provide for a large army or a small one as it sees fit, but this provision cannot last longer than two years (56). In placing this limitation upon Con- gress the Constitution makes it impossible for a large ^ Under the Act of 1901 the regular army of the United States is to consist of not less than 57,000 nor more than 100,000 soldiers. The regular army of France is more than 500,000; of Germany nearly 600,- 000; of Austria-Hungary nearly 400,000; of Italy nearly 300,000; of Great Britain, 250,000. DEFENSE 251 standing army to be imposed permanently upon the people without their consent. In an emergency, when the regular army is too small for the needs of the hour, the federal government may call the militia to its assistance. The militia consists of practically all the able-bodied men in the United States between the ages of eighteen and forty-five. The full strength of the militia is quite sixteen million men, but only a small part of it (about one hundred thousand men) is organized and ready for fighting. For the purposes named in the Con- stitution (59) the President calls the militia into service, specifying the number of militiamen each State is to fur- nish. If a State should neglect to furnish its quota, the required number of men may be enrolled under the au- thority of the President. When in the service of the United States the militia is subject to the rules and discipline of the regular army (60), although the officers of the militia are appointed by State authority. When troops additional to the regular army are needed, and when the purposes for which they are needed are not such as would under the Constitution justify the calling out of the militia, the President calls for volunteers, re- questing from each State a number apportioned to its popu- lation. During the Civil War more than half a million men responded to the President's call for volunteers, and during the war with Spain (1898) two hundred thousand men were enrolled as volunteers. When the militia is not available, and volunteers cannot be obtained, there must be a draft; the names of those fit for military service are secured, and from these the required number is drawn, usually by lot. The President is officially Commander-in-chief of the regular army and of the militia when it is in the service of the United States (92). A President has never person- ally directed the movements of armies in the field. The real management of a war falls upon the Secretary of War, the head of the War Department. This officer has super- 252 THE AMERICAN GOVERNMENT vision of the army in times of war as well as in times of peace. He acts through the chief of a staff of trained of- ficers who have direct control of the troops. A most im- portant duty of the Secretary of War is to care for the material welfare of the army. In this he is assisted by the quartermaster-general, who attends to the clothing and the transportation of troops; by the commissary-general, who supplies the food; by the chief of ordnance, who supplies the arms ; by the surgeon-general, who provides medicine and assistance for the sick and wounded; by the adjutant- general, who conducts the correspondence of the War De- partment. It is estimated that ten per cent, of the population and wealth of the United States is situated on the sea-coast, exposed to destruction by hostile naval forces. The de- fense of this life and property is the duty of the War De- partment. The great seaports are defended by land bat- teries, consisting usually of powerful guns which rise from a pit, discharge their shells, and disappear to be reloaded. The waters in the neighborhood of a seaport may be sown with torpedoes which may be exploded by an electric spark produced by an operator on shore. The difficulty of de- fending a seaport is very great, for a modern battle-ship can shell a city if it is allowed to approach within ten miles of it. Nevertheless we have along our coast guns that can hurl projectiles the distance of twenty miles. II. The Navy. The affairs of the navy were managed by the War Department until 1798, when Congress estab- lished the Department of the Navy, and created the office of Secretary of the Navy. The President is commander- in-chief of the navy, as he is of the army, but he delegates his authority to the Secretary of the Navy. Of course the actual fighting is done by trained seamen. Although the people of the United States do not distrust a powerful navy as they do a large standing army, never- theless it is only in recent years that systematic efforts have been put forth to build up a strong navy. About DEFENSE 253 thirty-five years ago Congress began the policy of in- creasing the efficiency of the navy by adding to the number of fighting vessels and providing for a thorough training of the men. The war with Spain showed that the efforts of our statesmen to improve the navy have not been in vain. We have a navy upon which we may rely. Our ships have endurance and speed, and our guns fire quick and straight. In its fighting strength our navy ranks second among the navies of the world. State Defense. For the defense of life and property within its borders the State relies upon its citizen soldiers, its mili- tia. The right of the State to support a militia is guaranteed by the Constitution (134). In a few States the organized militia consists of several hundred men; in most States it consists of several thousand men. In times of war, as we have seen, the militia is under the control of the President, but in times of peace it is subject to the orders of the governor. When the laws of the State are resisted and the local authorities are unable to suppress the lawlessness, the governor sends the militia to the assistance of the local forces. If the militia is unable to suppress the law-break- ers, the State legislature, or the governor, may make ap- plication for aid to the President (121), who, if the case seems to warrant it, will send troops of the regular army to the scene of disorder. If the lawlessness interferes with the operation of the federal government, as with the carry- ing of its mails, or if it obstructs interstate commerce, the President may send federal troops and suppress the law- breakers without waiting for an application from the State authorities. Local Defense, Besides the militia there are two other upholders of law and order within the State. These are the sheriff and his posse, and the local police force. The posse (posse comitatus, the county force) consists of all the able-bodied men in a county (or city). These the sheriff may call to his aid at any time to suppress violence, 254 THE AMERICAN GOVEENMENT although men who have not been drilled and disciplined are not likely to render efficient service. The local police- men and constables, of whom there are more than one hun- dred thousand in the United States, are the every-day guardians of the public peace. They are "the eyes and ears as well as the hands of the body politic; not only the means of governmental apprehension, but of discovery ; the agents of prevention as weU as of cure." Civil Government and Martial Law. It should be noticed that in the United States those who wield the sword are under the control of civil officers. The general obeys the President, the officers of the militia take their orders from the governor, the police are controlled by a board of civil- ians. This subordination of the military to the civil power accords strictly with American notions of government. We have no place in our system for martial law — law which is administered by soldiers, and which is at variance with the principles of civil liberty. By suspending the writ of habeas corpus citizens may be temporarily deprived of their civil rights and placed under martial law, but this can be done only in the name of the public safety (64). A State cannot maintain armed troops in time of peace and thus threaten the permanency of civil rights (76). Neither can the federal government in times of peace harass the people by quartering soldiers in the homes of citizens with- out their consent (135), and even in times of war such quartering must be done under the authority of civil and not under the authority of military law. Thus, while we make ample provision for the defense of the nation and the State, we have taken every precaution to prevent the instruments of defense from themselves becoming a menace to civil government and to civil liberty. QUESTIONS ON THE TEXT 1. What causes compel a nation to provide a defense against pos- sible foes? DEFENSE 255 2. What military powers does the Constitution give to Congress? 3. What has been the policy of the United States in reference to a standing army! What are the disadvantages of a large standing army? 4. What does the Constitution provide in reference to the militia? 5. What are volunteers? What is a draft? 6. Name the principal oflScers who conduct a war and state their duties. How is the sea-coast defended? 7. What has been the policy of the United States in reference to its navy? 8. Describe the militia system of a State. 9. Wliat is a posse comitatus? What are the functions of the local police? 10. Explain how the military is kept subordinate to the civil author- ity of the United States. SUGGESTIVE QUESTIONS AND EXEECISES 1. What have been the most fruitful causes of war in the past? 2. In which century in the history of the world have the greatest wars occurred? 3. Name five great military heroes. Should the incomparable honor which is accorded to military heroes be set down as one of the causes of war? 4. What does the United States spend each year upon its army and navy? What is this State's share of this amount? Compare this with the amount spent by the State for its public schools. 5. Why should Iowa as well as New Jersey contribute to the sup- port of the navy? 6. Name a war which has been a blessing to mankind. Explain. 7. What is said in the constitution of this State in reference to a militia? In reference to the subordination of the military to the civil power? 8. Of how many men does the entire militia of this State consist? Of how many does the organized militia consist? 9. What services has the militia of this State rendered in recent years? 10. Which could we more safely dispense with, school-houses or bat- tle-ships? Conld we have one without the other? 11. Contrast the evils attending war with its beneficent features. 12. Do you sincerely wish that there will never be another war? What things can you as an individual do to help the cause of peace? Topics for Special Worl-.—The Problem of War: 4, 232-247. War: 8, 266-279. The Department of War: 16, 133-151. The Department of the Navy: 16, 152-164. XXXIV INTERNATIONAL RELATIONS International Affairs Regulated by the Federal Govern- ment. The management of international affairs is a ser- vice of the highest importance, and the power to direct foreign relations is a sovereign power. In the United States all power in respect to matters of an international character is lodged in the federal government, the organ of our national sovereignty. International affairs have never been regulated by the State. Under the Articles of Confederation negotiations with foreign countries were conducted by the Congress; under the Constitution States are expressly forbidden to enter into political relations with foreign countries (72), and the management of in- ternational affairs is given to the President and Senate (95). International Law. Progressive nations have not isolated themselves from other nations. Ancient Egypt refused to defile itself by contact with other peoples and its civiliza- tion soon perished. The Greeks and Romans, on the other hand, went among strangers, traded with them, learned from them, made leagues of friendship with them, and thus developed a civilization which became the in- heritance of all succeeding ages. The states of Europe, which were built upon the ruins of the Roman Empire, could not live wholly to themselves. In spiritual matters they were one; their universities were places whither all might repair, and students from England found their way to Sakrno, and scholars from Italy wandered to Oxford; 256 INTERNATIONAL RELATIONS 257 their commerce caused cities so far apart as Riga and London to unite for mutual protection; above all, their incessant wars made a policy of seclusion impossible. Out of this intercourse between the countries of Europe there gradually came into existence a body of rules which states in their dealings with each other recognized as bind- ing. In modern times these rules have received the name of international law,^ and have been accepted as binding by all the civilized nations of the world. A few of the most important of these international rules are the fol- lowing : (1) A state must protect the aliens within its borders from violence to person and property. (2) Ambassadors and ministers are exempt from arrest and their persons are sacred. The buildings they occupy are extra-territorial. (3) The high seas must be regarded as belonging to no nation. (4) The territory of a maritime state must be regarded as including the sea to the distance of three miles along the coast. (5) A state is sovereign in its own territory and must be permitted to manage its internal affairs in its own way. (6) A neutral state (one not engaged in war) must prohibit bel- ligerent operations within its territory. (7) Property taken in warfare belongs to the state, not to the indi- vidual captor. (8) A belligerent may station ships at the ports of an enemy and forbid the egress and ingress of neutral vessels. (Blockade.) (9) An enemy's goods upon a neutral vessel must be spared unless the goods are "contraband of war." (10) If possible, enemies must be taken prisoners rather than killed. (11) Non-combatants and private property are privileged. (12) Weapons causing needless pain are not to be used. The above rules are not positive laws, for they have not emanated from a legislative source. They have sprung from centuries of custom, from numerous agreements be- tween nation and nation, and from the moral judgment of mankind. A rule of international law does not have the * International law may be defined as the rules which determine the conduct of the general body of civilized states in their dealings with each other. — Lawrence. 258 THE AMBEICAN GOVERNMENT sanction of a state behind it, but it has that which is stronger : it has the compelling power of the public opinion of the world. If a state should refuse to obey one of the laws of nations it would have to face the protest and in- dignation of the civilized globe, and if it should be per- sistent in its refusal it would be "thrown out of the pale of civilized comity, just as you and I would be expelled from the social pale if we offended against the unwritten law of society." Ambassadors, Ministers and Consuls. The international political affairs of a state are conducted by its diplomatic representatives, of whom the ambassador is the highest in rank. The ambassador represents the person of the ex- ecutive of the country from which he comes, and he receives for this reason the highest personal respect and considera- tion. A minister, who is next to the ambassador in rank, represents the government from which he comes, but not the personality of the executive. In foreign courts an ambassador, being a personal representative of a ruler, is admitted to an audience with officials ahead of a min- ister. For a long time a minister was the highest diplo- matic representative of the United States, but when it was found that under the rules of precedence in favor of am- bassadors a minister of the United States was sometimes kept waiting for an official audience while the ambassador of some petty kingdom was being received. Congress (in 1893) created the rank of ambassador. We now have ambas- sadors for Great Britain, Germany, France, Italy, Austria, Mexico, Russia, Brazil, Japan, Spain, Chili, Argentina and Turkey. In other countries we are represented by ministers. Ambassadors and ministers, their property and their households, are exempt from the laws of the country to which they are accredited. The residence of a foreign minister is, according to international law, a little patch of territory under the dominion of the country which the minister represents. If the Chinese minister at Wash- INTERNATIONAL RELATIONS 259 ington should commit a crime, Chinese and not American authorities must try the case and administer the punish- ment. If a case should arise where a judicial decision affecting diplomatic agents is necessary, it must be taken direct to the Supreme Court, no matter how trivial it may be (110). The duties of a diplomatic representative depend upon the powers which his government has conferred upon him and upon the relations which exist between his govern- ment and the one to which he is sent. In general, he rep- resents and defends the interests of his country. He keeps the home government informed upon topics of public in- terest, especially upon political topics, but he must not in- terfere in any way with the politics of the country where he resides. When a citizen of his own country has been injured by a violation of a rule of international law he seeks a rem- edy from a foreign government, and when a treaty is made he usually serves as the channel of negotiation. A consul is a business agent of a government sent to a seaport or inland city to look after the welfare of citizens of his own country. He does not represent a government, he is not a diplomatic agent, and he does not enjoy the honors and immunities of a minister. Sometimes a consul- general is appointed to supervise all the consuls in the coun- try to which he is sent. The first duty of the consul is to aid his countrymen in securing their commercial rights. Among his other duties are the following: He places the consular seal upon official acts of the foreign government; he certifies to marriages, births and deaths among his countrymen in his consular district; he certifies invoices; he administers on the per- sonal property of deceased persons when there is no repre- sentative at hand. The consul receives applications for passports, and, when specifically authorized to do so, grants them. He also grants passports in the absence of the regular diplomatic representatives. In the United States, ambassadors, ministers, consuls 260 THE AMERICAN GOVERNMENT and other representatives in foreign countries are ap- pointed by the President and confirmed by the Senate (96). When the President concludes that a diplomatic agent of a certain rank should be sent to a country he may appoint one, even though Congress has made no pro- vision for such an official. The President, however, can- not abuse his power in this direction, for the appointment must be confirmed by the Senate, and the money for the salary must be appropriated by Congress (69). Through the Secretary of State, who stands at the head of foreign affairs, the President receives the ambassadors and min- isters of other countries upon their arrival in Washington (102). The President may also send a foreign minister out of the country, if his presence should for any reason be no longer desirable. Treaties. When two or more states are at war and desire peace, or if in times of peace their commercial or mone- tary systems require adjustment, or if their boundaries need to be defined, or if in any way their international affairs are to be regulated, they may accomplish any of these objects by entering into a solemn compact or agree- ment called a treaty. A treaty, when made by sovereign states and signed by the proper diplomatic agents, and ratified by the governments of the signatory powers, be- comes the law for all the states entering into the compact. A treaty concluded by the federal government is the su- preme law of the land (126), and any State law in conflict with a treaty which is constitutional is null and void. Since a treaty is simply a law. Congress may repeal a treaty by passing a law contrary to its provisions, or an existing law may be repealed by the terms of a new treaty. A treaty which is contrary to the Constitution is void. If a citizen violates a treaty his government will punish him as the violator of a law; but suppose the state itself should violate one of its treaties, is there a power to punish the state? There is no power but the sword of the ag- INTERNATIONAL RELATIONS 261 grieved country. The violation of treaty obligation is uni- versally regarded as a just cause of war. But suppose a powerful state violates a compact which it has made with a puny state? In such a case punishment through war is out of the question and the weak state must rely upon the natural operation of the law of nations. "In the eye of international law treaties are made to be kept," and if a powerful nation persistently and perversely breaks its treaties it will incur the hostility of its neighbors and sooner or later these will combine and force it to abide by the rules of international law. The President, acting through the Secretary of State and diplomatic agents, negotiates treaties with foreign powers. After a treaty has been framed, if it meets with the ap- proval of the President, it is sent to the Senate, where it must be ratified by a two-thirds vote (95). If it is success- ful in the Senate it is sent to the foreign government for ratification. When it has been ratified by the foreign power the treaty is law for all the states whose governments have signed it. Suppose the President and the Senate should conclude a treaty which required an outlay of money, would their action bind the House of Representatives? This question arose in 1794, when ninety thousand dollars was needed for carrying Jay's Treaty into effect. The House voted the money, but passed a resolution declaring its right to deliberate upon any regulation of a treaty which was placed by the Constitution under its control. Treaties requiring money for their execution have been concluded again and again, and the House has always made the neces- sary appropriation. It has never, however, acknowledged its obligation to do so. Arbitration. A treaty provides for the peaceful inter- course of two or more nations in the future. How shall questions and disputes arising out of past transactions be settled? One nation has wounded the pride of another, 262 THE AMERICAN GOVERNMENT or has trespassed upon its boundaries, or damaged its com- merce, or maltreated its citizens; how shall the injured nations find redress without declaring war? Nations which are capable of a humane and enlightened policy may find a peaceful exit from the most exasperating situations: they may submit their differences to a court of arbitration, just as private citizens often submit their differences to arbi- tration in order to avoid a battle in the courts of law. Nations wishing to settle a dispute by arbitration enter into a preliminary treaty, and agree upon a method of selecting the members of the arbitration board, appoint a time and place for the meeting of the board, and define precisely the question to be settled. The arbitrators, like impartial judges, listen to the claims of the several states, investigate and weigh the facts pertaining to the case, and render a decision in accordance with the facts and the principles of justice. "When the decision of a board of ar- bitration has been fairly obtained, all the nations affected by it are under the most solemn obligations to acquiesce in it. During the nineteenth century international disputes were settled by arbitration more frequently than ever be- fore, and in the number of cases submitted to arbitration the United States led the nations of the world. The in- creasing success of arbitration, and the expressed desire of many of the great powers to adopt it as a substitute for war, have encouraged lovers of peace to look forward to a time when the countries of the earth shall agree to sub- mit all differences to a permanent board of international arbitration. If such a tribunal shall be constituted and its decisions obeyed, peace may be permanent and much of the money and talents and energy that are devoted to the sup- port of war will be devoted to commerce and industry. INTERNATIONAL RELATIONS 263 QUESTIONS ON THE TEXT 1. Where is power in respect to foreign affairs lodged? Define in- ternational law. Name five of the most important of the laws of na- tions? How are the laws of nations enforced? 2. What is the difference between an ambassador and a minister? What is the legal position of an ambassador resident in a foreign country? 3. What are the duties of an ambassador or minister? 4. What is a consul? a consul-general? What are the duties of a consul? 5. How do the diplomatic representatives of the United States re- ceive their positions? 6. What is a treaty? How are treaties made? How are they en- forced? 7. What is the attitude of Congress respecting treaties which call for the outlay of money? 8. What are the duties of a court of arbitration? What has been the example of the United States in respect to arbitration? 9. How may the permanent peace of the world be secured? SUGGESTIVE QUESTIONS AND EXEECISES 1. Name some of the great men who have represented this country at foreign courts. Who is our ambassador to Great Britain? to Ger- many? to France? 2. What is a cliarge d'affaires? an envoy extraordinary? 3. Name the most celebrated treaties which the government of this country has entered into and state the leading terms of each. By what treaty has this country profited most? 4. What is the difference between a "convention" and a treaty? 5. Of the international rules mentioned in the text state one (if there is such a one) which is contrary to justice; one which is con- trary to the interests of mankind; one which is contrary to natural law. 6. Upon what occasion and for what causes have ministers of for- eign countries been requested to leave the United States? 7. Name the principal questions which the United States have sub- mitted to arbitration. Give an account of the Alabama claims. 8. Could the decisions of a permanent international court of arbi- tration be enforced if all the nations should disarm? 9. What was the object of the Hague conference? What did that conference accomplish? For answers to these questions, see Eeport of the Hague Peace Meeting. 10. What influences are now at work tending to bring about universal peace?' What influences are at work tending to destroy peace? 11. Give an account of the "Monroe Doctrine." - 264 THE AMERICAN GOVERNMENT 12. A secretary of the British ambassador was arrested, brought be- fore the judge of a New England town court, and fined for running an automobile too fast: Did the judge have the right to impose the fine? 13. What is the difference between arbitration and mediation, as these terms are used in the settlement of international disputes? 14. The Peace Movement. — In recent years nations in their dealings with each other have been animated in an unusual degree by a peaceful spirit, with the result that powerful agencies for the promotion of peace have been established. In 1899, the Hague Tribunal was established as a permanent court of arbitration for the settlement of disputes without recourse to war. When a case comes before the court for set- tlement each party (state) to the controversy chooses two arbitrators and these choose a fifth member known as the umpire. Nearly all the important nations are represented in the tribunal and each member (nation) agrees to submit its disputes to the court except in cases involving national honor or vital interests. A most effective propaganda for maintaining peace among the na- tions of the world is maintained by the Carnegie Endowment for In- ternational Peace, an institution endowed with $10,000,000 for the purpose of establishing among nations a better understanding of inter- national rights and duties and encouraging a general acceptance of peaceful methods of settling international disputes. The United States assists heartily in the peace movement. In 1914 the federal government entered upon a policy of averting war by nego- tiating with nations treaties designed to assure a period of investi- gation and inquiry into the nature of disputes before the outbreak of hostilities. In these treaties the high contracting parties agree that all disputes between them of every nature whatsoever which diplomacy shall fail to adjust shall be submitted for investigation and report to an international commission and they agree not to declare war or begin hostilities during such investigation and report. Each of the two countries names one member from among its own citizens and one from an outside country. A fifth member is chosen by the two govern- ments by common agreement. An investigation by the commission may occupy an entire year, but no longer time, unless the two govern- ments agree to extend the period. The two governments may deal as they choose with the report of the commission, neither government being bound in any way. The chief advantage of a peace treaty of this kind is that it diminishes the danger of a sudden outbreak of war. 15. It has been proposed that the nations of the world establish for themselves an international police force, whose function shall be to keep the peace among nations, just as the police force of a city keeps the peace among citizens. Discuss this proposition. Topics for Special XForfc.— Treaties : 6, 270-273; 8, 280-292. The Department of State: 16, 77-91. XXXV TAXATION Introductory. "We now come to the function of taxation, or the orderly collection of revenue for the support of government. The science which treats of public expendi- tures and of the means of securing them is called public finance. Since under our dual system of government tax- ation is a concurrent function (p. 49) exercised with sov- ereign power by the State as well as by the federal gov- ernment, and since each government determines its own expenditures, public finance in the United States is resolved into two sharply defined systems — national finance and State finance. An adequate study of the taxing function requires the consideration of the following topics: (1) Taxation in its General Aspects, (2) National Finance, (3) State Finance, (4) Public Debt, and (5) Problems of Taxation, In this chapter we shaU dispose of the first of these topics. The Cost of Government. It is plain that expenditures for government in the United States must be very heavy, for there are three highly organized governments to be sup- ported : the federal government with its army and navy and courts of law and high officials and thousands upon thousands of employees; the State governments with their numerous departments; the local governments with their school system and charitable institutions and highway im- provements and police and sanitary service. The federal government spends about $800,000,000 a year, State and Territorial government about $200,000,000; local govern- 265 266 THE AMERICAN GOVERNMENT ment about $1,500,000,000, making a total public expenditure of $2,500,000,000 a year. These numbers in themselves mean nothing — they are too large for the mind to grasp — but comparison enables us to comprehend their significance. $2,500,000,000 is about one twelfth of the combined annual earnings of every man, woman and child in the United States. The people, therefore, contribute to government in a year about as much as they earn in a month. The Source of the Taxing Power. How does government get the revenue for its support? Which of its departments is vested with authority to take money from private citizens for public purposes? We have seen that this question arose between King John and his barons, and that Magna Carta declared that no contributions for the support of government should be made except by the consent of the general council of the realm. The same question arose be- tween Charles I and Parliament and was settled by a dec- laration in the Petition of Right to the effect that the king could not take money from his subjects without the con- sent of the representatives of the people in Parliament. One of the greatest results of that mighty movement known as the French Revolution, which was also called into being by oppressive and arbitrary taxation at the hands of the king, was to take the taxing power from the executive and give it to a representative legislature. The outcome of the American Revolution, which also hinged upon the subject of taxation, confirmed the principle that in America there can be no taxation without either the personal consent of the people or the consent of their representatives in the legislature. Here is the cardinal fact of taxation: govern- ment must receive its revenue through the consent of the legislature. The Different Kinds of Taxes. When the legislature makes a general call upon the citizens for contributions for the support of government, it is said to tax them. When the TAXATION 267 levy or call is properly made the contribution is compul- sory and cannot be escaped. A tax, therefore, may be de- fined as an enforced contribution of money levied by the legislature on persons, property or income, for the support of government. Property is the thing universally taxed. If any property escapes taxation, it is not as a rule the fault of the law, for legislators attempt to tax almost everything upon which a tax can possibly be laid. For the sake of system they divide property and other subjects of taxation into classes and name the tax according to the class upon which it is levied. The kinds of taxes which are usually collected are the following: 1. The general property tax, levied {a) on real property, which includes lands and buildings and other things erected on land, and (&) on personal property, which includes such things as household furniture, money, goods, bonds, notes of promise, stocks, mortgages, jewelry, horses, carriages, and farming implements. 2. The income tax, levied upon income from wages or salary or profits upon business. 3. The inheritance tax, levied upon property acquired by inheritance or will. Sometimes this tax is regarded as an income tax, an inheritance or legacy being considered as nothing more than a part of the yearly income. In- heritance taxes are collected in three-fourths of the States. 4. The corporation tax, levied upon private corporations. This tax sometimes takes the form of an income tax levied upon the corporation regarded as a person; sometimes it is levied upon the bonds and stock of the corporation. In a few States it is levied upon the earnings of the cor- poration. 5. The franchise tax, levied upon a privilege granted by government. When a city council confers upon a corpora- tion the right to operate a trolley line upon a certain street, the right conferred is a franchise, and upon the value of this right the franchise tax is laid. Though franchises are not material, visible property they have nevertheless been 268 THE AMERICAN GOVERNMENT declared by the Supreme Court of the United States to be property. Sometimes franchises have an enormous value. For example, while the tangible property, the rolling stock, rails, wires and power-houses of a trolley company may be worth only a million dollars, the right to use the street (the franchise) would not be sold for a sum several times as great. Sometimes a corporation is compelled to pay both a franchise tax and a property tax on its material posses- sions. 6. The poll or capitation tax is a sum ranging from one to four dollars levied as a personal tax. It is a tax on the person as a person, and not as a possessor of property. 7. Customs duties, levied upon articles imported from a foreign country. In some countries customs duties are lev- ied upon exported articles. 8. Excises or internal revenue taxes, levied upon goods manufactured within the country. The articles which yield most of the internal revenue are : distilled spirits, beer, ale and tobacco. The corporation tax is also regarded as an excise. 9. License taxes, collected from merchants, peddlers, hack-drivers, showmen, saloon-keepers, and others, for the privilege of transacting business. The license tax resem- bles the franchise tax. 10. Fees and special assessments, collected as a partial pajTnent for services rendered by the government. The charge for issuing a marriage certificate is an example of a fee, while a charge made for connecting a private drain with a public sewer is an example of a special assessment. Fees and special assessments are not always taxes properly so called. Direct and Indirect Taxation. When a tax is levied upon the very person who is likely to bear the burden, it is said to be direct. The general property tax, the income tax, the inheritance tax, the corporation tax, the franchise tax, TAXATION 269 and the capitation tax are direct taxes. When a person pays one of these taxes he cannot easily shift it to another : the burden remains where it is first placed. When a tax collected from one person is transferred in whole or in part by that person to another, it is said to be indirect. When an importer of silk pays a customs duty of one dollar on a yard of silk, he expects to add a dollar to the price of the silk, and thus transfer the tax to his customer. When a manufacturer of cigars pays an excise tax of a dollar on a box of cigars he adds a dollar to the price of the cigars. The customs duties and the internal revenue tax are therefore indirect taxes. Many fees and licenses may also properly be classed with indirect taxes. We may tell whether a tax is direct or indirect by con- sidering the manner in which it is levied. "Direct taxes are those levied on permanent and recurring occasions, and are assessed according to some list or roll of persons. The taxpayer is regarded as definitely and permanently ascript to the treasury. Indirect taxes, on the other hand, are levied according to a tariff on the occurrence of trans- actions and events which are not properly ascertainable as regards particular persons. The amount of a direct tax assessed in this way is certain and regular, while an indirect tax is uncertain and irregular, as regards individuals." {Nicliolson.) The Principles which should Govern in the Levying of Taxes. Four rules or maxims have been laid down for the guidance of the law-maker in matters of taxation. They are as follows: I, (Equality). Citizens should contribute toward the support of government as nearly as possible in proportion to their respective abilities. II. (Certainty). The tax which each individual is bound to pay ought to be certain and not arbitrary. The time of payment, the manner of payment, the quantity to 270 THE AMERICAN GOVERNMENT be paid, ought all to be clear and plain to the contributor and to every other person. III. (Convenience.) Every tax ought to be levied at the time or in the manner in which it is most likely to be convenient to the contributor to pay it. IV. (Economy.) Every tax ought to be so contrived as both to take out and keep out of the pockets of people as little as possible over and above what it brings into the public treasury. The above maxims were stated by Adam Smith (1776), and they have acquired almost universal authority. Legis- lators always keep them in mind, and follow them with more or less fidelity. Sometimes, however, in order to avoid the resentment or opposition of the people they ignore the maxims and follow the rule of expediency. In accord- ance with the policy of a celebrated Frenchman (Colbert), they so pluck the goose (the people) as to procure the larg- est amount of feathers with the least possible amount of squawking. QUESTIONS ON THE TEXT 1. What is taxation? What is public finance? 2. Give an account of the cost of Government in the United States. 3. Where does the power to tax reside? 4. Name and describe each of the ten different kinds of taxes. 5. What is a direct tax? an indirect tax? What rule will assist in distinguishing between a direct and an indirect tax? 6. State Adam Smith's four maxims of taxation. 7. What was Colbert's maxim of taxation? SUGGESTIVE QUESTIONS AND EXERCISES 1. Show that taxation played an important part in each of the fol- lowing events : (a) Wat Tyler 's Eebellion ; (&) The American Revolu- tion; (c) The French Revolution. 2. Look about you and see what government does for the people, itemize these services and decide whether they are worth the labor of all the people for one month in the year. 3. Is it just that all citizens should pay taxes? Do all citizens have to pay taxes? (Do not be too sure of your answer to this question.) 4. For what do people pay taxes most cheerfully? TAXATION 271 5. Of the several kinds of taxes mentioned in the text name the one which is easiest to collect; name the one which is easiest to be paid; name the one which is most objectionable. 6. If government imposes an income tax, is it right that incomes below a certain amount should escape the tax? If you think a certain amount should escape taxation, what amount would you suggest? 7. Should the expenses of a Fourth of July celebration be paid out of the public funds? 8. "Suppose you own a farm worth $5,000 and owe $4,000 toward the purchase price; how much are you worth? On how much should you pay taxes— $1,000, $5,000, or $9,000?" 9. State the evils of parsimony in public expenditures; the evils of extravagance. Which are the more dangerous? Eead Prov. xi, 24. 10. Does the constitution of this State declare any general principle in reference to taxation? Topics for Special WorTc. — Popular Taxation: 4, 293-318. Excises: 19, 169-181. Customs Duties : 19, 182-207. Municipal Franchises: 30, 456-463. XXXVI NATIONAL FINANCE The Extent of the Federal Taxing Power. Nowhere else does the nature of the relation between the State and the federal government appear more clearly than in their power in reference to taxation. Recognizing that revenue is the life-blood of government, the framers of the Constitution gave to Congress an almost unlimited power to tax (44), and at the same time reserved to the States the power of raising their own revenues in their own way in such amounts and for such purposes as they might deem wise and proper. They restricted the taxing power of Congress in only three particulars : they provided ( 1 ) that duties and excises must be uniform throughout the United States (45) ; (2) that direct and capitation taxes must be ap- portioned among the States according to population (66) ; and (3) that duties cannot be laid on articles exported from any State (67). Except only as it is limited by these three provisions. Congress is free to levy any kind of tax it may see fit for any amount it may desire. Also, since the adoption of the Sixteenth Amendment, it may levy an in- come tax — a direct tax — without regard to population (160). National Expenditures. At the opening of every regular session. Congress receives the report and recommendations of the Secretary of the Treasury, containing detailed esti- mates of the sums necessary for the support of the na- tional government. With these estimates one may begin the study of national finance. They are prepared by the heads of the several departments, each stating the amount 272 NATIONAL FINANCE 273 of money which he thinks his department will need during the next fiscal years.^ The estimates of expenditure for the fiscal year 1915 will give an idea of the magnitude of na- tional finance : ESTIMATES OF EXPENDITUEES FOE 1915 Legislative $ 14,841,814 Executive 632,480 State Department 4,972,102 Treasury Department 142,444,046 War Department 204,215,634 Navy Department 147,161,320 Interior Department 211,173,338 Department of Agriculture 25,060,532 Department of Commerce 15,319,270 Department of Labor 4,763,490 Department of Justice 10,888,777 Independent Offices 3,159,500 Total $784,272,303 Postal Service (Payable from Postal Kevenue) 306,953,117 Grand Total ^ $1,091,225,420 Though the Secretary of the Treasury presents to Con- gress the "Book of Estimates" containing the details of these enormous estimates, not a dollar of the estimates can be raised constitutionally without the consent of the Con- gress (69). As a matter of practice, the consideration of the estimated expenditures begins in the House of Repre- sentatives, where the recommendations found in the Book of Estimates are referred by the Speaker to the proper committees. The committees virtually control federal expenditures. There is no limitation upon their power of appropriation, except that any appropriation for the support of the army shall not be made for more than two years (56). They take the estimates submitted by the Secretary of the Treas- ury and do with them as they please. Sometimes they ac- cept them, sometimes they modify them, but often they ^ The fiscal or financial year begins July 1 and extends to July 1 of the following year. 274 THE AMERICAN GOVERNMENT ignore them altogether. It is their function to prepare hills providing for the expenses of the government; and in this exercise of their duty they are entirely independent of executive authority. Quite often they invite treasury officials to assist them and advise them, but they are under no constitutional obligation to do so. The committees ex- press their judgments in reference to the proper expendi- tures in the form of appropriation bills. These, like all other bills, must run the gauntlet of legislation. They must pass both houses and receive the signature of the President. When they have received the signature of the President and have become laws, the first step in national finance has been taken: it has been determined how much money shall be spent for the support of the federal government. Federal Taxation — (Indirect). The second step in na- tional finance is taken when Congress passes the laws for raising the money which it has decided to spend. "While private individuals ordinarily estimate their income first and then decide upon the expenditures, governments are accustomed to estimate their expenditures first and to at- tend to the matter of income afterward. Bills for raising national revenue must originate in the House of Represen- tatives (36), because the House directly represents the people. Post-office bills and bills relating to the mints and to the sale of public lands may originate in the Senate, and any revenue bill whatever may be modified to almost any extent in the Senate. The House Committee of Ways and Means has exclusive control of bills for raising revenue. Since this committee prepares the tax bill for the nation, it is justly regarded as the most important committee in Con- gress. In the beginning of its history the federal government adopted the policy of raising its revenue by indirect tax- ation, and only in times of war has it departed from its original plan. The first Congress (1789) established a tarijf (p. 329) — a law imposing customs duties on imports NATIONAL FINANCE 275 — and all succeeding Congresses have followed its example. Tariff or customs duties are collected, by government offi- cials, at ports of entry, from the importers of foreign goods. The duties are ad valorem when they are levied at a certain rate per cent, on the money value of the goods at the orig- inal place of shipment. They are specific when levied on articles according to quantity or number. For example, if the duty on gloves is forty per cent, ad valorem, a box containing six dozen pairs of gloves worth fifteen dollars a dozen produces a tax of thirty-six dollars. If the duty on gloves is specific, at eight dollars per dozen, the box of gloves in question produces a tax of forty-eight dollars. In normal times the customs tax yields nearly half of the national revenue, and nearly half of the customs duties are collected at the port of New York. The customs tax is levied upon several hundred articles, but most of the tariff rev- enues are collected from manufactures of wool, cotton, silk, iron, copper and tin, and from sugar, fruit, liquor, wines, cigars, drugs and chemicals (p. 333). Among the articles admitted free of duty are: coffee, tea, anthracite coal, books over twenty years old, dyewoods and fertilizers. Federal revenues not raised by duties on foreign goods are for the most part derived from excises — taxes on ar- ticles produced in the United States — from a corporation tax, which is regarded as an excise, and from an income tax. For a long time in our history excises were unpopular and were seldom levied. At the outbreak of the Civil War, however, when large sums had to be speedily raised, internal taxes be- came necessary, and almost every article, trade and profes- sion was taxed. After the war, the excise was made much lighter. At present only such articles as alcoholic liquors, tobacco, cigars, cigarettes, snuff, oleoraargarin and playing- cards are subject to the internal revenue tax. The Collection of Federal Taxes. Customs taxes are col- lected at about one hundred and twenty ports of entry by United States treasury officials known as collectors of 276 THE AMERICAN GOVERNMENT customs, "WTien the customs for any reason are not paid the goods are held in the custody of the collector until the tax is forthcoming. For the purpose of collecting the internal revenue the country is divided into districts. For example, Pennsyl- vania is divided into four internal revenue districts, in each of which there is a federal collector of internal rev- enue, assisted by a corps of deputies. The deputies visit the distilleries and breweries and cigar and tobacco manu- factories in the district and bring all taxable goods under the workings of the law. The federal government collects its revenue in an eco- nomical manner. The cost of collecting the customs is only about three per cent, of the amount collected; while the cost of collecting the internal revenue is even less. The method by which the federal taxes are collected is popular as well as economical. Collectors receive most of the taxes in factories and custom-houses and do not attract the attention of the public. If they should come directly to individuals to demand the taxes they would doubtless be unwelcome visitors. The direct collection yearly of forty- five dollars — the approximate amount per voter that is re- quired to support the government — might seem to a man in Texas or in Maine to be a very heavy tax for the sup- port of the government in Washington, and might be ac- companied by difficulties. Direct Federal Taxes. Although federal taxation is mainly indirect, direct taxes may nevertheless be laid. In fact, the federal government has upon five occasions (1798, 1813, 1815, 1816, 1861) levied direct taxes. Decisions of the Su- preme Court have determined that the capitation or poll- tax and the tax on land are direct taxes within the meaning of the Constitution (66). The workings of a direct federal tax may be made plain by an illustration. Suppose the federal government wishes NATIONAL FINANCE 277 to raise eighty million dollars from a land tax. It must apportion this amount to the several States according to their population. New York with a population of eight millions, or one tenth of the entire population of the United States, would pay one tenth of the tax, or eight million dollars ; Missouri, with a population of four millions, would pay one twentieth, or four million dollars. Missouri would therefore pay one half as much as New York. This would not be just, for the reason that the total value of the land in Missouri is not half the total value of the land in New York. Because the constitutional provision no longer per- mits an equitable distribution of a land tax, it is not likely that the federal government will again resort to this form of taxation. "When a direct tax is laid by the federal government, the proper sum is apportioned to each State, which is allowed to collect its share in its own way. If a State should re- fuse to pay its part, the federal government would send its collectors to distrain upon and sell the property of such taxpayers as refused payment. Here is seen the difference between government under the Constitution and under the Articles of Confederation. The Congress of the Confederation could ask a State for money, but could do no more; the federal government under the Constitution can ask, and, if necessary, may sell property to get the money. In 1894 Congress passed a law levying a tax on incomes; but the Supreme Court of the United States practically nullified the law by declaring that an income tax is a direct tax and must be apportioned among the States according to population. The effect of this decision was to restrict the federal government to excises and customs as the main source of revenue. Inasmuch as a just and equitable direct tax was not possible under the Constitution a movement for an amendment giving Congress power to tax incomes was be- gun, with the result that in 1913 the Sixteenth Amendment 278 THE AMERICAN GOVERNMENT was adopted. This gives Congress full power to levy taxes on incomes from whatever source derived (160) and without regard to any enumeration of a census. QUESTIONS ON THE TEXT 1. What are the powers of the federal government and what are the powers of the State in reference to taxation? 2. What three restrictions does the Constitution place upon the taxing power of Congress? 3. What is the * ' Estimate of Expenditures ' ' ? Name some of the items in this estimate. 4. To what extent does the executive department determine appro- priations? 5. In which House do bills for raising revenue originate? Why? 6. What is a tariff? What is the difference between ad valorem and specific duties? 7. What articles yield the greater part of the federal revenue? What articles are admitted free of duty? 8. What articles are subject to the internal revenue tax? 9. How are the federal taxes collected? 10. What are the advantages of indirect taxation for federal pur- poses? 11. What kind of taxes are direct within the meaning of the Con- stitution? 12. Illustrate the workings of a direct federal tax. 13. How are direct federal taxes collected? 14. Can the federal government levy an income tax? SUGGESTIVE QUESTIONS AND EXEECISES 1. Estimate how much this State contributes to the support of the federal government, assuming that it contributes according to its popu- lation? Is this sum greater or less than the amount raised for the purposes of the State government? 2. Do the people who live at a port of entry pay all the taxes that are collected at the custom-house? 3. An orator wishing to illustrate the generosity and patriotism of his people pointed out the fact that three times as much of the internal revenue tax was paid in his State as in any other State. Point out the fallacy of the illustration. 4. Collect all the provisions of the Constitution that bear on the subject of taxation. Compare the Constitution with the Articles of Confederation in respect to taxation. 5. Which would you prefer to pay, direct or indirect taxes? 6. What is meant by smuggling? What articles are easily smug- gled? Should taxes on these articles be light or heavy? NATIONAL FINANCE 279 7. Name the principal ports of entry in the United States. What is done with the money which is collected at these ports? 8. How much per voter does it cost to support the national govern- ment? 9. Is the money you pay for a postage-stamp a tax? 10. Of the articles which are mentioned in the text as being taxed are there any which should go on the free list? 11. Under the Constitution can the Senate originate a bill to revise the tariff? 12. What is the difference between an appropriation bill and a reve- nue bill? 13. The Federal Corporation Tax: — In 1909, Congress passed a measure which provided that "every corporation, joint-stock com- pany, and association organized for profit and having a capital stock represented by shares, and every insurance company, shall be subject to pay annually a special excise tax equivalent to one per centum upon their entire net income over and above $5,000. ' ' It has been decided by the Supreme Court of the United States that this corpor- ation tax is an "excise" and is therefore constitutional (44). The federal corporation tax yields an annual revenue of about $30,000,000. 14. The Federal Income Tax: — In 1913, Congress, using the power granted by the Sixteenth Amendment (160), passed a law imposing a tax of one per cent, upon all incomes, exempting incomes of $3000 or less where the taxpayer is unmarried, and those of $4000 or less where the taxpayer is living in the married relation. In addition to the underlying or normal tax of one per cent, there is an additional surtax graduated as follows: 1 per cent, surtax on income from $20,000 to $50,000. 2 per cent, surtax on income from $50,000 to $75,000. 3 per cent, surtax on income from $75,000 to $100,000. 4 per cent, surtax on income from $100,000 to $250,000. 5 per cent, surtax on income from $250,000 to $500,000. 6 per cent, surtax on income from $500,000 upward. Topics for Special WorTc. — Taxation in the United States: 21, 550-558. Customs Administration: 16, 97-105. Internal Eevenue Service: 16, 105-112. Collection of the Eevenue: 30, 448^52. XXXVII STATE FINANCE The Taxing Power of the State. In the days of the Con- federation the power of the State to tax was full and com- plete, but by the adoption of the Constitution the taxing power of the State was to some degree restricted and abridged. Since one of the chief objects of the Constitu- tion was to secure easy trade relations between the States, taxation on exports and imports was prohibited to the States and placed under the control of Congress (74). With the view of further protecting the freedom of com- merce, the Constitution forbids any State to levy without the consent of Congress any tonnage duty, that is, any tax on the carrying capacity of a vessel (76) — a prohibition which applies to all instruments of commerce. A State cannot impose a tax on "tonnage passing through, from or to a State or foreign country, be it on railway, canal, river, or otherwise." Moreover, since "the power to tax is the power to destroy," a State cannot tax the agencies by means of which the federal government is enabled to exercise its functions: it cannot tax the bonds (p. 288) of the federal government, or its property, such as its light- houses and post-office buildings, or the salaries of its offi- cers, or the public money in its treasuries, or the metals in its mints. Aside from these restrictions, the State is free to tax all taxable objects within its borders. The Authority for State Expenditures. Although they may differ somewhat in detail, the financial system of the States are quite uniform in their workings. Authority for 280 STATE FINANCE 281 all public expenditures within eaeli State flows directly or indirectly from its constitution and its legislature. Ex- penses of the State government are estimated and levied directly by the legislature, and are usually comparatively light. In some States the constitution limits the amount which can be levied in one year. The heavy expenses of local government are met by taxa- tion imposed by the minor legislative bodies, by the munic- ipal council (or commission) or board of county commis- sioners — a legislative body as far as taxation is concerned — or tovm-meeting, or the township supervisors or trustees. Since the greater part of the sum paid for taxes is levied by local authority with the almost direct sanction of the voters themselves, it can almost be said that the people are not taxed — for they really tax themselves. Taxation in the State. It has been seen that federal taxa- tion is a very simple matter. Congress determines the tariff and excise rates and the rates of the corporation tax and in- come tax, and the Treasury Department places its collectors of customs at the various seaports to collect the duties on foreign goods as they come into the harbors, and sends its collectors of internal revenue to individuals and to corpora- tions to collect the income tax and the corporation tax, and into the distilleries and tobacco establishments to collect the excises on liquors and tobacco as they are manufactured — and that is substantially the story of federal taxation. The account of State taxation must be somewhat more complex, for it involves the consideration of more processes and more governmental machinery, I. The General Property Tax. Wliile national taxation is largely indirect, State taxation is almost wholly direct. In the State the general property tax is the great source of revenue. This tax reaches all property, real and per- sonal, located within the boundaries of the State. When the owner of property resides outside the State, he does not for that reason escape taxation. 282 THE AMERICAN GOVERNMENT In the payment of the general property tax the taxpayer should bear a burden proportioned to his wealth; all the property of every person should contribute according to its true value. This, as has been seen, is a fundamental principle of taxation. In order to realize this principle of equality and justice when levying the general property tax the government must set in motion an elaborate taxing machinery, and must carefully control all the processes of taxation. Its officers must discover all the property of every person, and must place thereon a fair valuation; it must provide agencies for correcting unjust and unfair valuations; it must have officers for collecting the taxes and means of enforcing payment; finally, it must, in the name of public policy, exempt certain classes of property from the payment of taxes. An account of the operation of the general property tax includes the consideration of the following topics: (1) As- sessment; (2) Equalization; (3) Collection; (4) Delin- quencies; (5) Exemptions. 1. Assessments. The administration of the general prop- erty tax begins with the placing of a valuation upon all property, real and personal. This official valuation is called an assessment. The officers of assessment, known as assessors, in some States are elected by the people ; in other States they receive their office by appointment. The assessors of a local division — of a city, or town, or township ^ — after personally inspecting the property of the taxpayer and making a series of inquiries in reference to it, place a value upon it. This is done in respect to the property of every taxpayer. The sum of all the valuations of property thus made is the assessment of the local divi- sion. The tax rate of the local division is found by divid- ing the expenditures determined upon by the assessment. If the assessment is fifty million dollars, and the expenses of the local government are five hundred thousand dollars, ^In some States the county is the smallest local division for purposes of assessment. STATE FINANCE 283 the tax rate is one hundredth or one per cent. Every tax- payer, therefore, must pay local taxes amounting to one per cent, of the assessed valuation of his property. But this local division, even if it be a large city, most probably is located in a county ^ in which there are addi- tional expenses of county government. The local division must bear its share of these expenses, and this will increase the rate of the taxpayer. The county rate is found by dividing the county expenditures by the county assessment, which is the sum of the assessments of all the local divisions of the county.^ Again, the county as a part of the State must contribute its share to the support of the general State government. The State rate ^ is found by dividing the State expenditures by the State assessment (the sum of the county assessments). This rate added to the local and county rates gives the tax rate of the local taxpayer. 2. Equalizaiion. In levying the general property tax the individual assessments must be just. If A's house is assessed at one thousand dollars, when it is worth two thousand dollars, and B's house is assessed at three thou- sand dollars when it is worth two thousand dollars, B will pay three times as much in taxes as A, whereas, in justice, he ought to pay only as much as A. In most of the States means are provided for correcting unfair assess- ments. Very often there is a local board of equalization to which taxpayers may appeal when they think they have not been treated fairly at the hands of the assessors. Some- times such complaints are taken to an appeal tax court, or to the board of county commissioners. When the board of equalization or other body to which appeal is made finds * All cities in the United States, excepting Baltimore, St. Louis, Wash- ington, D. C, and some cities in Virginia, are located in counties. ' The valuation put upon property in the local assessment is usually regarded as its proper valuation for purposes of county and State taxa- tion. 'In several States there is no general property tax for State pur- poses, the revenue for the general State government 'being obtained chiefly from corporation taxes and from licenses. 284 THE AMERICAN GOVERNMENT that there has been an unjust assessment, it will order a new one made. Frequently evils arise from uneven assessments among localities. For example, in one county the assessors may place the valuation of all property too low, while in another county the property may be assessed at its true value. As far as the county tax is concerned, undervaluation, if uni- form as among the individuals of the county, works no harm, but it works harm in connection with the State tax, for the taxpayers of a county in which there is under- assessment contribute less than their just share to the State expenses. State boards of equalization have been estab- lished in many States to correct evils growing out of un- even assessments among localities. These State boards, however, have not in all cases been able to apply a remedy for wrongs occasioned by improper local assessments. Where all the local divisions in the State assess property according to the same principle, and assess it honestly, there is no trouble; but where original local assessments are made in a haphazard manner, or with a view to escape just burdens, the whole taxing system of the State is viti- ated, and a remedy is almost impossible. The goodness or badness of the administration of the general property tax, therefore, depend upon the work of the local assessors. 3. Collection. The general property tax is gathered by local officers. Usually tax-collectors are elected or ap- pointed for the sole purpose of collecting taxes, but in some States the collection is made by a constable or select- man, township supervisor, or other local officer. In the performance of his duties the collector is guided solely by the tax list prepared by the assessors. The same collector usually collects State, county and local taxes. When this is the case a distribution is made, the local division, the county and the State each receiving its proper share. 4. Delinquency. When the taxpayer fails to pay his tax- bill promptly the property upon which the tax is levied is said to be delinquent, and is liable to be sold to satisfy STATE FINANCE 285 the claim. If the property sold for taxes should bring more than the amount of the tax the excess is given to the owner. Moreover, the owner usually has the right to buy back his property at the price for which it is sold. This right of redemption, however, continues for only a limited period, usually two years. 5. Exemption. State constitutions almost always specify the kinds of property that may be exempt from taxation, and the legislature is usually forbidden to exempt any other kind. A clause from the constitution of Minnesota will illustrate the practice in reference to exemption : ' ' Pub- lic burying grounds, public school-houses, public hospitals, academies, colleges, universities and all seminaries of learn- ing, all churches, church property used for religious pur- poses, and houses of worship, institutions of purely public charity, public property used for public purposes, and per- sonal property to an amount not exceeding in value two hundred dollars for each individual, shall by general laws be exempt from taxation." Many States are careful to ex- empt household furniture to a certain value. Thus the constitution of Texas provides that two hundred and fifty dollars' worth of household and kitchen furniture shall be exempt from taxation. II. Miscellaneous Taxes. In the raising of revenues the State and the local governments are by no means confined to the general property tax. Large sums are realized from fees, licenses, and franchises. The opportunity for revenue in the way of licenses is seen in the following clause of one of the State constitutions: "The legislature shall have power to tax peddlers, auctioneers, brokers, bankers, com- mission merchants, showmen, jugglers, innkeepers, liquor dealers, . . . venders of patents, in such manner as it shall direct by general law, uniform as to the class upon which it operates." The franchise tax levied upon the fran- chises (p. 267) of railroads and other corporations is also proving to be a source of much revenue in some States. Incomes are taxed in a few States ; inheritances in many. 286 THE AMERICAN GOVERNMENT Poll or capitation taxes are very common, and in some States yield considerable revenue. In cities large sums are collected as water rents, and special assessments for the payment (in whole or in part) for street improvements to abutting property. Water rents and special assessments, however, are not in the strict sense taxes; they are rather payments for social services which the government has chosen to perform. Fines also add materially to the public funds, but they can in no sense be regarded as taxes. Local Taxation. In matters of taxation cities and coun- ties and other minor civil divisions are strictly under the control of the State government, and the limits of their power to tax are usually defined by the higher authority. In some States the limitations are fixed by the legislature, in others by the constitution. In about one third of the States counties are not allowed to tax beyond a certain per cent, of the assessed valuation of property. Munici- palities, in the matter of taxation, are often restricted by the terms of their charters. Taking the country over, however, the localities are quite free to tax themselves as they see fit. The most that the legislature or the constitu- tion undertakes to do is to throw around the local taxing power such safeguards as will prevent bankruptcy. QUESTIONS ON THE TEXT 1. What restrictions are placed upon the power of the State to tax? By what authority are taxes levied for the support of the State gov- ernment? for the support of local government? 2. What is the rule for levying the general property tax? 3. Explain the work of assessors. What is the assessment? How is the local tax rate determined? the county rate? the State rate? 4. What is the duty of the board of equalization? 5. What is done with delinquent property? 6. What kinds of property are exempt from taxation? 7. Name several kinds of taxes besides the general property tax which are accustomed to be levied in the State. 8. What regulations are made in respect to the taxing power of lo- calities? STATE FINANCE 287 SUGGESTIVE QUESTIONS AND EXERCISES 1. ' ' The power to tax is the power to destroy. ' ' Why would it not be wise for the federal government to have the power to tax the prop- erty of the State and the salaries of its officers? 2. What are the general provisions of the constitution of this State in reference to taxation? What restrictions are placed upon the taxing power of counties? of townships? of cities? 3. Does the right to vote in this State depend in any way upon the payment of any kind of taxes? Ought it to so depend? Do all who pay taxes in this State have a right to vote? 4. Of the several kinds of taxes mentioned in the text, which are levied in this State? 5. Are mortgages taxed in this State? If so, who pays this tax? Are incomes taxed in this State? If so, who pays this tax? 6. What are the several kinds of property exempt from taxation in this State? (See the constitution.) 7. If you owed a man a just debt and saw an opportunity of es- caping payment, would you avail yourself of the opportunity? If you owned property which should pay taxes and saw an opportunity to hide the property from the assessors and thus escape the payment of the tax, would you avail yourself of the opportunity? 8. If a man should send you a bill for three dollars when you knew you owed him five dollars, would you call his attention to the mistake? If the assessor should assess your house at $5,000 when it is worth $3,000, what would you do? If he should assess it at $3,000 when it is worth $5,000, what would you do? Do you believe men are disposed to deal as honestly with the government as they are with their neighbors? 9. What is the tax rate of this municipality? of this county? of this State? 10. Under what circumstances would there be no grumbling about taxes? 11. Is there a State Tax Commission in this State? If so, give an account of its organization and its powers. Topics for Special Worlc. — Taxation in the States: 21, 559-587. State and Local Taxes: 5, 586-592. State Supervision of Taxation: 18, 249-255. XXXVIII PUBLIC DEBT Public Debt a Necessity. A most important topic of public finance is public cleht. The necessity of incurring debt in the conduct of public affairs is perhaps stronger than it is in the management of private business. Governments cannot accumulate money; they must confine taxation to such amounts as are necessary to meet expenses for the current year. At the end of the fiscal year the treasury is supposed to be virtually empty. This is unquestionably the correct policy. A government is sorely tempted to be extravagant when it has more money on hand than it needs. It has been said with some truth that the way to keep governments pure is to keep them poor. Since it cannot save for a rainy day, when the rainy day comes, and large sums of money must be had at once, government must borrow. Increased taxation cannot be relied upon to supply the necessary revenue. In 1863 the federal government used its taxing power to the utmost to raise the money for the support of its war operations (p. 275), yet it could not collect by taxation one sixth of what it spent during the year. More than five sixths of its expenses had to be met by borrowing. How Government Borrows Money. When a government wishes to raise money by borrowing, it usually sells its honds to voluntary buyers. A government bond resembles a promissory note given by an individual who borrows money. In the bond are stated the amount owed by the government, the date of payment, and the rate of interest. 288 . PUBLIC DEBT 289 A bond may be for a small sum or for many thousands of dollars. The amount received by a government for a bond depends upon (1) the confidence which lenders have in the government's ability to redeem the bond, that is, to pay the debt, (2) the rate of interest offered, and (3) the length of time the debt is to run. Sometimes the conditions of borrowing are so favorable that government receives as much as one hundred and twenty dollars for a bond of one hundred dollars. Besides raising money by issuing bonds the national gov- ernment issued (in 1862-3) paper money and declared this "lawful money and a legal tender in payment of all debts, public and private, except duties on imports and interest on bonds and notes of the United States. ' ' This money was printed by the government and paid out to its creditors. Those who received it could compel others to take it in payment of debts. This paper money issue of 1862-3 will be discussed more fully hereafter (p. 322). It is mentioned here because it furnishes an illustration of a method by which government may borrow money. Money secured in this way may be regarded as a forced loan. The National Debt. The Constitution gives to Congress unlimited power to borrow money (46) ; it imposes no re- striction as to time, or amount, or security, or interest. Congress may not, however, pay any debt incurred in aid of rebellion against the United States (157). The debts contracted by Xh^ United States under the confederation were made valid as against the new government (125). Alexander Hamilton, the first Secretary of the Treasury, and the greatest financier perhaps in our history, wished to make the credit of the national government so good that no one would ever hesitate to lend it money. He urged Congress to pay not only the regularly contracted debt of the confederation (foreign $12,000,000; domestic, $-42,000,- 000), but also to assume the war debt ($21,000,000) in- curred by the States during the War of the Revolution. 290 THE AMERICAN GOVEENMENT After a long debate the policy of assumption was adopted, and the new government began its career with a debt of about $75,000,000. Hamilton was inclined to regard a public debt as a source of strength to a government. By scattering the govern- ment's bonds among the people, he contended, you create an interest in its stability. INIen will always rally to the support of a government which owes them money. Hamilton's finan- ciering, therefore, did not tend to pay off the national debt as rapidly as possible. When his political rival, Jefferson, who was not deeply concerned about the strength of the central government, came into power, a policy of paying off the debt as fast as possible was pursued, and its amount steadily fell until the War of 1812, when it rose to nearly $125,000,000. After the War of 1812 the policy of reducing the debt continued, and by 1836 the national debt was prac- tically extinguished, and the treasury had on hand about $40,000,000 for which it had no use. The greater part of this surplus was actually distributed among the States ac- cording to population. After 1836 the government began again to incur small debts, and during the Mexican War it borrowed consider- able sums. At no time, however, did it become very large until the outbreak of the Civil War, when it jumped from less than $65,000,000 in 1860 to more than $500,000,000 in 1862. After 1862 the debt steadily mounted until 1866, when it approached $3,000,000,000. Since 1866 it has stead- ily declined, and the interest-bearing debt is now (1915) about $1,000,000,000,^ a sum which is less than one per cent, of the total wealth of the United States. State Debt. A State must not assume a debt incurred in aid of insurrection or rebellion against the United States (158). This is the only federal restriction upon the State ^ The public debt of the German Empire in 1913 was $1,224,000,000 ; of England, $3,527,000,000; of France, $6,230,000,000; of Eussia, $4,650,000,000. I PUBLIC DEBT 291 as to its debts. The constitutions of most States, however, forbid the unlimited borrowing of money, although the re- strictions do not extend to borrowing for purposes of pub- lic defense. To defend itself against invasion, or to sup- press insurrections, the State may borrow to an unlimited extent, upon the principle that the public safety is above every other consideration. In most of the States a deficit can be met by borrowing, but the constitutions usually specify how large a deficit may be met in this way. In some of the States the amount that may be borrowed to cover a deficit must not exceed $50,000, in others it may be as large as $1,000,000. In the constitutions of a number of the States it is provided that money cannot be borrowed unless the law authorizing the loan is first submitted to the people and their assent to it secured. The finances of the State governments are in a healthy con- dition. Only in New York, Pennsylvania, California and Massachusetts is the State debt considerable ; in some States the bonded debt is so small as to be inappreciable, this being the case in Illinois, Iowa, Michigan, Ohio, Nebraska, South Dakota, Oregon, Wisconsin, Washington, New Jersey and West Virginia. This praiseworthy condition of affairs is due in part to constitutional provisions, in part to the great re- sources of the State governments, in part to the wisdom and self-restraint of the State legislatures. The Debts of Local Governments. Restrictions upon local governments in reference to borrowing are found in al- most every State. If the restrictions do not appear in the constitution, they appear in the laws of the legislature or in the municipal charters. Most of the State constitu- tions fix the rate of indebtedness which the local govern- ment may incur. Frequently this rate is five per cent, of the total valuation of the property within the civil division which borrows the money. Sometimes before money can be borrowed by a local government the ques- tion must be referred to the people. 292 THE AMERICAN GOVERNMENT Notwithstanding the restrictions placed upon the bor- rowing power of local governments, they are everywhere throughout the United States heavily in debt. Especially is this true of municipalities. The combined municipal debt is many times larger than the combined debt of all the States. The debt of New York city alone is much larger than the total debt of the forty-eight States, and the debts of many other cities are proportionally as large as that of the metropolis. The debts of cities have been incurred for the building of water-works, city halls, school-houses, and for the pav- ing of streets and the construction of sewers. These im- provements have necessitated the outlay of large sums in a short period of time, and it has not been possible to col- lect sufficient money by taxation to pay for them as they have been made. The rapid growth of American cities has sometimes caused the expenditures to increase at an alarm- ing rate. In some instances sewers and water-works have been constructed on a scale suitable for a city of a hundred thousand people, and, behold, the population has increased to four times that number ! This increase has rendered the old improvements worthless and made necessary the construction of new ones at an enormous expense. Besides, it is generally confessed that the management of the finances of cities has been bad the country over. In the award- ing of contracts for public works larger sums of money have been paid to contractors than the work has been worth. Franchises have been granted to corporations for a song, when they ought to have realized large sums. Temporary or floating debts caused by deficits have not been paid promptly by means of taxation, but have been added to the bonded debt. The management of the finances of cities has called forth various schemes of reform. One of these is the plan of taking away from the city council some of its financial powers and lodging them with the board of estimate (p. 220). Another remedy proposed is to prescribe a prop- PUBLIC DEBT 293 erty qualification for voters, when financial questions are involved. This plan is both impracticable and unwise: impracticable, because voters will not consent to it; unwise, because it would be an unnecessary assault upon the prin- ciple of democracy. The corrupt bargains which are made in the management of the finances of a city are made by those who possess property, not by those who have no property. A property qualification would not exclude the corruptionists from taking a part in city affairs, but it would exclude many honest men from taking part, and it is to honest men, after all, that we must look for genuine reform. The possession or non-possession of property has really very little to do with the matter. Good municipal government is purely and simply a question of honesty. How Public Debts are Paid. Public debts of course must be paid by taxation. Indeed, they are often called anti- cipatory taxes, from the fact that government, in borrow- ing a sum of money, anticipates a certain revenue which it expects to receive by taxation. A State cannot be com- pelled by federal authority to pay a debt to a citizen, for, without the consent of the State a citizen cannot bring his suit into a federal court (145) and establish his claim. The United States cannot be compelled to pay a debt, for you cannot compel a sovereign power to do anything against its will. It is customary in the United States for a government, national, State and local, to prepare for the payment of a debt at the time it is incurred, according to the doctrine of Hamilton, who held that the "creation of a debt ought to be accompanied with means of its extinguishment." This preparation usually consists in the creation of a sinking fund. Under the sinking fund plan the law which pro- vides for the borrowing of money also provides for the rais- ing by taxation of a certain sum annually which shall be set aside for the "sinking" or the paying- of the bonds when they shall become due. The sum raised for the sink- 294 THE AIMERICAN GOVERNMENT ing fund is inviolate and can be used for no other purpose, unless for public defense. The United States may borrow money without creating at the same time a sinking fund for its payment, but the constitutions of many States provide that all debts, whether State or municipal, shall be accompanied by means of ex- tinguishment, and the means adopted is usually the sinking fund arrangement. QUESTIONS ON THE TEXT 1. How does the necessity of public debt originate? 2. Under what circumstances is the government justified in bor- rowing? 3. Describe a government bond. Upon what does the value of a government bond depend? 4. In what way may governments sometimes make a forced loan? 5. What are the provisions of the Constitution in respect to borrow- ing? What was Hamilton's doctrine concerning a public debt? What was Jefferson's policy in respect to the public debt? 6. Sketch the history of the debt of the United States. 7. What restriction upon the borrowing power of a State is in the federal Constitution? What restriction upon borrowing is usually found in a State constitution? 8. What can be said of the condition of the finances of State gov- ernments? 9. What restrictions are placed upon the borrowing power of mu- nicipalities? For what purposes have the debts of municipalities been incurred? Why have these debts become so large? 10. What remedies have been proposed for the betterment of city government? 11. Why cannot the United States be compelled to pay its debt? Why cannot a State be compelled to pay its debt? 12. Explain the sinking fund arrangement. SUGGESTIVE QUESTIONS AND EXEECISES 1. Compare graphically^ the per capita debt of the United States with that of each of the following countries: England, Germany, France, Italy, Eussia, Austria. 2. If the term for which a bond is issued is long, how will that fact affect the price paid for it? iFor example, let the per capita debt of the United States be represented by a square inch of surface and the per capita debts of the other countries by squares proportionally large. PUBLIC DEBT 295 3. Is it right for this generation to contract public debts which must be paid by the next generation? Give reasons for your answer. 4. "Public debt is a public blessing." "Public debt is a public curse." Point out the truth and falsity which are contained in both the preceding statements. 5. How much per voter does the United States government owe? 6. What sum does this State owe? this county? this municipality? State the purposes for which these debts were contracted. 7. What provisions does the constitution of this State make in ref- erence to the debt of the State? to the debt of counties? to the debt of cities? What are the advantages and disadvantages of these pro- visions? 8. Did you ever see a bond that was issued by a government? If possible, bring a government bond to the class to be examined and studied. 9. Do rents in cities rise and fall with the tax rate? Ask a dealer in real estate about this. 10. Show how the tax rate may be kept low for a while by borrow- ing. What is the final result of such a system of financiering? 11, Is a large public debt necessary to make a government strong in the hour of its need? Answer this from our own history. Topics for Special TForfc.— Forms of Public Debt: 19, 293-310. Funding our National Indebtedness: 22, 331-356. Municipal Finance: 30, 452-456. XXXIX PROBLEMS OF TAXATION The Difficulties of Taxation. A little consideration will show that a just and fair system of taxation is difficult to devise. To be sure, if all men would come forward with a truthful statement of the amount of their property, just taxation would be a simple affair; but experience teaches that all men will not do this. Though it is easy to say that every one ought to pay taxes according to his ability — that is, according to his income, or according to the value of the property from which he derives his in- come — it is very difficult to discover the amount of a man's income, or to determine the true value of his property. Before property can be taxed the officers of the law must point to its existence, and it is not always possible to do this. In these days, if they choose to do so, men can con- ceal from the eyes of the tax-gatherer a great deal of property that ought justly to bear a share of the public burden. In his iron safe a man may have bonds, or stocks, or notes of promise, which, though they yield him a hand- some income, do not appear on the tax-books as property. The concealment of such property presents one of the great- est of the difficulties which surround the subject of taxation. Another great difficulty is connected with the overlap- ping of jurisdictions. A railroad running through several States pays taxes in all; a man residing in one State and holding personal property in another is liable to be taxed on that personal property in both States; a person living 296 J PEOBLEMS OF TAXATION 297 in one State, owning property in another and carrying on business in a third is subject to the tax laws of three States. This overlapping of authority is inherent in our political system, and is bound at times to result in en- tanglements, and in wrong or unjust taxation. A third great difficulty connected with the levying of a tax is to foresee its final incidence, that is, to foresee the person upon whom the burden of the tax will finally fall. For a tax will not always remain where it has been laid, but will be shifted from one person to another until it at last falls upon a person who cannot shift it. For example : In California, some years ago, there was a tax on mortgages amounting to about one and three quarters per cent, of the sum loaned. The rate of interest on untaxed loans in and around San Francisco was about six per cent. ; but men, on account of the tax, would not lend money on mortgages for less than eight per cent. Here the mortgagee ^ paid the tax of one and three quarters per cent., but included it and a little more in the interest which he demanded of the mortgagor. In other words, the mortgagee shifted the tax, and its incidence was on the mortgagor. If the mort- gagor rented the property, he was able to shift the tax again and let it fall upon the tenant in the shape of a higher rent. Whether the incidence was upon the mort- gagor or upon his tenant, it was not upon the mortgagee, as the law-maker intended it should be.^ To overcome such difficulties as those mentioned above, and to provide remedies for certain inequalities and injus- tices which are found in our system of taxation, economists and legislators have come forward with various schemes of reform. The most important of these schemes will now re- ceive attention and will be treated under the following ^ When the owner of property borrows money and gives a mortgage — a written pledge that if the money is not paid the borrower will sur- render the property to the lender — the borrower of the money is called the mortgagor, and the lender the mortgagee. " The above is an adaptation of an illustration given by Mr. C. C. Plehn in his "Public Finance," p. 249. 298 THE AMERICAN GOVERNMENT headings: (1) Corporation Taxes; (2) the Income Tax; (3) the Graduated or Progressive Tax; and (4) the Single Tax. The Corporation Tax, The measures of reform that ap- peal most strongly to the public refer to corporation taxes. Private corporations (p. 360) control fully half the wealth of the country, but they do not bear half the burdens, and many States are making efforts to tax corporate prop- erty as it should be taxed. The corporations receiving the most serious attention of tax reformers are the railroads. The taxation of the property of a railroad must always be a perplexing prob- lem. Upon what principle shall the property be assessed? Shall the valuation be placed upon the market value of its bonds and stocks, or upon the value of its tangible property? Shall the value of the franchise be assessed? If the road does an interstate business, how shall the tax which it is to pay in each State be determined? How shall the rolling stock which passes through a dozen States be taxed? These are some of the questions for which tax reformers are trying to find satisfactory answers. Forty- eight States are working upon the problems of railway tax- ation, each approaching the task in its own way. The plans of reform, therefore, are too numerous to be stated here in detail, but the direction in which legislation on this subject is moving may be indicated : (1) The Valuation of the Tangible Property of Rail- roads. Nearly all the States have adopted the plan of assessing the entire tangible property of the roads within their respective boundaries. As a rule, this assessment is made by State officials, the local government collecting the taxes on the property within their respective jurisdic- tions. In assessing the property of an interstate road the board follows the "unit" rule: It determines the value of the property of the railroad considered as a unit, including in the valuation all property tangible and in- tangible and wherever located, and makes an assessment PROBLEMS OF TAXATION 299 according to the ratio which the mileage of line within the State bears to the company's total mileage. (2) The Valuation of the Intangible Property of Rail- ways. An increasing number of States are requiring the railroads to pay a franchise tax (p. 267) in addition to the tax on tangible property. The value of the franchise may be estimated in various ways, but the fairest method seems to be this: From the combined market value of the stocks and bonds of the road subtract the value of the tangible property ; the remainder is the value of the franchise. This rule of estimating a franchise is looked upon with favor by the Supreme Court of the United States. There can be no doubt that reforms in the methods of taxing corporate property are needed. An official inquiry made in Wisconsin showed that if the railroads in that State had been taxed the same as other property they would have paid into the State treasury in 1899 nearly a million dollars more than they actually paid. An inquiry in Michigan showed similar results. And what is true of in- dividual States is true of the country taken as a whole. According to a report of the Interstate Commerce Co mm is- sion the railroads not long ago were paying yearly some- thing like fifty millions of dollars in taxes on a capitalization of about twelve billions of dollars. If they had been taxed like other forms of property they would have paid fully one hundred millions of dollars yearly. The Income Tax. As a means of tax reform the income tax is receiving serious consideration. Seven States in their constitutions permit an income tax, but only three have imposed a tax of this kind. The income tax is proposed to meet changed conditions in the commercial and industrial world. "With the devel- opment of the corporation method of transacting business (p. 362) a vast amount of wealth has assumed the form of stocks, bonds and mortgages, and these can easily escape taxation, for they can be concealed from' the assessor's 300 THE AMERICAN GOVERNMENT eye. Severe laws have been passed with the view of reach- ing these forms of wealth; assessors have been given an inquisitorial power; taxpayers have been subjected to the most searching questions in reference to their property. But law has not been able to make men their own assessors. Taxpayers are so slow in coming forward with a full and fair account of all their stocks and bonds that those who do so are often regarded as good-natured oddities. "With the successful concealment of so much wealth in stocks and bonds and mortgages the personal property tax has failed to give satisfaction, and in the opinion of able economists has failed utterly. "Personal property," says Seligman, "nowhere bears its just proportion of the burdens ; and it is in precisely those localities, i.e., the large cities, where its extent and importance are the greatest, its assessment is the least. The taxation of personal property is in inverse ratio to its quantity : the more it increases the less it pays." As a partial substitute for the personal property tax, a general income tax is proposed. That is, by the admission of all, a just and sensible tax — one based upon ability to pay, and not liable to be shifted. But there are serious difficulties connected with levying this tax. (a) Though the States have the power to levy it, and some actually have levied it, they may thereby cause the possessors of large incomes to remove into States that do not tax incomes. This difficulty could be overcome only by a uniform course of action by all the States. (6) Again, it is not easy to determine just what should be regarded as a man's income for taxing purposes. For example, a man with a gross annual income of $10,000 may have on his home a mortgage upon which he is paying interest; he may have a property tax to pay; there may be unusual but necessary personal expenses connected with his business or employ- ment ; he may lose money during the year in some legitimate business venture which lies outside his regular occupation. It is plain that in calculating the income tax in such a case PEOBLEMS OF TAXATION 301 some deduction should be made from the gross income, but it is not easy for the law-maker to determine precisely what de- ductions are just. Then, too, it is difficult to determine the point below which incomes should be exempt from taxation ; for it is contrary to sound public policy to tax incomes which are barely sufficient for meeting the necessities of life. But what are the necessities of life? What is the minimum in- come that should be subject to a tax? Graduated or Progressive Taxation. It is sometimes con- tended that one's duty in respect to the payment of taxes should be measured, not by ability, but by sacrifice. Ac- cording to this view a tax is burdensome, not in propor- tion to what is paid, but to what is left. To equalize the sacrifice of taxpayers a graduated or progressive tax has been proposed. Under the workings of this tax the rate increases with the amount of property. For example, if A, B, C and D are worth respectively $10,000, $20,000, $30,000 and $40,000, a scheme of progressive taxation might impose upon A a rate of one per cent., upon B a rate of two per cent., upon C a rate of three per cent., and upon D a rate of four per cent. D's property is only four times as great as A 's, yet it pays sixteen times as much in taxes. In eighteen States the constitutions provide that taxation shall be in exact proportion to the value of the property taxed. In these States progressive taxation would doubt- less be adjudged unconstitutional. The other States are permitted to apply the progressive principle, and many of them do apply it in respect to inheritance taxes. Congress has levied a progressive inheritance tax, and the validity of the progressive principle has been sustained by the Su- preme Court of the United States. South Carolina and Wisconsin have progressive income taxes. The Single Tax. The most radical of tax reforms is the plan by which all revenues, federal. State and local, are to be raised from a single tax imposed on land. According 302 THE AMERICAN GOVERNMENT to this plan, men should contribute to the support of gov- ernment, not in proportion to what they produce or ac- cumulate, but in proportion to the value of the natural opportunities they hold ; and it is contended that the land- holder is the great monopolist of natural opportunities. The single tax would be laid upon land as such, and not upon the improvements upon land. The tax upon a vacant lot, provided it were as favorably located, would be as heavy as the tax upon a lot improved by a magnificent structure. The fundamental principle of the single tax is this: The individual should get the advantage of all improvements upon land, while the government (society) should get the advantage of favorable location, and of the increased values that accrue to land in a community which is progressive and which is increasing in population. QUESTIONS ON THE TEXT 1. State three great difficulties that lie in the way of a just system of taxation. 2. What reforms are being made in respect to the taxation of rail- roads? 3. What is the rule for the assessment of interstate railway prop- erty? 4. What is the rule for determining the value of a corporation's franchise ? 5. What are the advantages and disadvantages of a general income tax? 6. Explain the operation of a progressive or graduated tax, 7. What is the single tax? SUGGESTIVE QUESTIONS AND EXEECISES 1. Is there an income tax in this State? If so, explain its nature and workings, 2. Is it just that a man who owns a little property should be taxed and that a man who receives a large salary and who owns no property should escape taxation? 3. Are there any progressive taxes in this State? If so, give an ac- count of them. 4. Discuss progressive taxation in reference (a) to its justice, (&) to its expediency, (c) to its effect upon fortune buUding. PKOBLEMS OF TAXATION 303 5. Prepare a five-minute paper on ' ' The Single Tax. ' ' Consult Shearman's "Natural Taxation." 6. Compare the system of segregating taxes as proposed by Mr. Adams with the system actually in force in this State. 7. What reforms in taxation are needed in this State? How may these reforms be accomplished? Topics for Special WorTc. — The Incidence of Taxation: 19, 248-258. The Income Tax: 21, 577-582; 19, 239-247. Corporation Taxes: 21, 569-573. XL MONEY Introductory. Closely related to the financial function of government is the function of regulating the monetary system. Indeed, the subject of money is regarded by many writers as only one of the divisions of the subject of public finance. In the United States the money function belongs solely to the federal government. The Different Kinds of Money. The early colonists brought with them but little money, and they were therefore placed in conditions quite similar to those which existed in the earliest times when there was no money, and when ex- change of goods had to be effected by barter; that is to say, when one commodity had to be exchanged for another directly, corn for fish, a horse for a cow. Exchange by pure barter, however, is too clumsy to be practiced long. An intelligent people will always find some commodity which will pass from man to man as money and thus make ex- change easy. The colonists in Virginia chose tobacco as a substitute for the silver and gold coins which they lacked. Tobacco was in universal demand. The Indians prized it highly, the colonists themselves used it freely, and the merchants were always ready to purchase it when it was brought down to the ships which traded with the new world. Men, therefore, would accept tobacco in exchange for a com- modity, not because they wanted tobacco themselves, but because they knew that that commodity was so generally 304 MONET 305 desirable that they would have no trouble in exchanging it for any other commodity which they might wish. There were other reasons why tobacco could be ex- changed for any other kind of goods. A small bulk of it contained a great deal of value : a pound, in the early days of the colony, being worth three shillings in England. Again, tobacco could be easily divided and subdivided, and articles of small value as well as of great could be ex- changed for it. One pound of tobacco usually represented about the same value as another. These characteristics of tobacco, joined with the universal demand for it, led to its use as money. In New England, in the early days when coin was scarce, corn was used as a substitute, although it proved to be a poor substitute. In New York, Indian wampum or polished clam shells passed as money among the settlers. Each colony adopted as money the commodity which would circulate the most readily. ""VVe find that the various colonies at one time or another authorized the payment of public or private debts in wheat, oats, barley, peas, bacon, pork, beef, fish, flax, wood, sugar, brandy and even musket- balls."^ A Harvard student in 1649 paid his college bill with an "old cow." It would be difScult to name a commodity of general use which has not at some time or another in some part of the world passed as money. IMetals especially have been held in high esteem as instruments of exchange. Iron, lead, tin, copper, bronze, as well as silver and gold, have been used as money. There is, therefore, no natural universal money. A nation will use as its money that conmiodity which is most suitable to its own civilization. Silver and Gold. As industries in the colonies multiplied, and trade and wealth increased, gold and silver became * Bullock, "Monetary History of the United States," p. 10. We are informed on the same page of this book that gopher tails were employed as money in some sections of Dakota as late as 18851 306 THE AMERICAN GOVERNMENT more abundant, and the use of the cruder kinds of money was abandoned. This was to be expected. No other com- modity performs the functions of money so well as these metals. The reason why the precious metals — as silver and gold are called — are ever}"T\^here used to the exclusion of other metals may be summed up as follows : 1. They possess much value in little weight and bulk, and can therefore be carried easily from place to place, and can easily be concealed and guarded. 2. They can be easily divided and manufactured into small pieces as well as into large ones, and can thus be made suitable for the payment of sums varying in amount. 3. Time does not destroy their value, and the wear and tear of handling is very small. 4. They do not vary in quality. ' ' There is no such thing as inferior gold or inferior silver." 5. They have a value of their own apart from their use- fulness as money, for they are used in the manufacture of many expensive articles of commerce. The Coinage of Money. When a farmer takes eggs to a store and exchanges them for sugar, a certain quantity of sugar is weighed in the scales. If metallic money is de- sired in exchange for the eggs, if the farmer wishes to buy money with his eggs, a certain weight of gold or silver is given to him, but the scales are not brought into the transaction. The pieces of money have been weighed in the government's mint, and the farmer is satisfied as to their weight and fineness. In ancient times scales were employed in transactions like the above. Gold and silver, like sugar, were weighed when they passed from man to man as money. Since ac- curate weighing and testing were difficult processes, it be- came the custom to stamp upon a bar or ring of the precious metal its weight and fineness. The bar or ring thus stamped became a coin and did not need further weigh- ing. The processes of coining were originally conducted MONEY 307 by private individuals, usually by goldsmiths, but expe- rience showed that private coinage led to fraud, and gov- ernments were compelled to take the matter into their own hands. Coinage is now everywhere recognized as a proper function of government. During the colonial period there was but little coining of money in America. In 1652 Massachusetts established a mint at which shillings and sixpences continued to be coined for a period of thirty-four years. This seems to be the only notable instance of coinage in America before the Revolution. Under the "Articles of Confederation" Congress had the power to coin money, but it had not the bullion (uncoined gold and silver) to coin. The little money which was coined during the period of the Confederation was struck off by private parties under the authority of the individual States. The framers of the Constitution took the right of coinage away from the State (72) and lodged the power entirely with the federal government (49). Paper Money. Every one of the kinds of money thus far mentioned has an intrinsic value, an inherent, essential value arising out of its usefulness as a commodity and separate from its character as money. Tobacco is desirable as a means of gratifying a certain appetite, and when it ceased to be used as money it was still valuable; silver and gold are highly prized as articles of commerce, and coins made of these metals are valuable even after they have been melted and have lost their form as money. There is another kind of money which has played an important part in the history of the American people. This is paper money, which may be defined as money which neither possesses nor represents intrinsic value. Paper money may be printed and issued by a government with the promise that it will be redeemed for intrinsic money, or it may be issued by a bank as a promissory note payable in intrinsic money, but it is never intrinsic money itself. 308 THE AMERICAN GOVERNMENT Paper money is usually made a legal tender, that is, the holder of it may tender, or ofEer, it in payment of a debt, and the creditor must receive it as lawful money. Paper money is sometimes called fiat money, because government makes or attempts to make it worth so much. There were extensive issues of paper money by the col- onies. Massachusetts in 1690 issued hills of credit — as paper money is often called — to defray the cost of an ex- pedition against Canada, and her example was followed by other colonies at various times, when there was not enough gold and silver at hand to meet expenses. The paper money issued by the colonies invariably depreciated in value ; that is to say, its purchasing power fell below its nominal or face value. Thus in 1749 a bill of credit issued by Massachusetts with a nominal value of ten shillings would not purchase as much of any useful commodity as could be purchased by one shilling of silver. The Continental Congress of 1775 issued two million dollars of bills of credit based upon the credit of the States. As the war progressed issues became larger and more fre- quent, and by 1779 more than two hundred million dollars of the paper money was in circulation. In addition to this sum the individual States issued about two hundred mil- lion dollars of paper money. During the first part of the war the notes were accepted willingly and circulated freely at their face value, but in 1777 they began to decline in value, and in January, 1779, eight dollars of the paper money were worth only one dollar in silver. Congress did not formally make the Continental paper a legal tender, but it enacted that the man who refused to take it was an enemy of his country. People, however, could not be compelled to receive it. It depreciated until it took one thousand dollars of the paper money to purchase as much as could be purchased by one dollar of silver. Finally the Continental money became absolutely worthless — "not worth a continental." Barber shops were papered in jest with the bills; sailors, on returning from their cruises, be- I MONEY 309 ing paid off in bundles of the worthless money, had suits of clothes made of it. In 1785 and 1786 there were extensive issues of paper money by the individual States. These proved to be the cause of much confusion and injustice, and when the framers of the Constitution came to the subject of paper money they took from the States altogether the right of issuing bills of credit, and of making anything but gold and silver coin a legal tender in payment of debts (73) . Representative Money. Paper money must not be confused with money paper or representative money. When tobacco was used as money in the colonies, it was customary to store large quantities of the weed in warehouses and give the depositor a receipt for the amount deposited. This ware- house receipt passed from hand to hand as money. It was not paper money, for it could be redeemed for intrinsic money — tobacco. A very large part of the money now in circulation among us resembles those tobacco receipts, and consists of printed certificates stating that there has been deposited in the treasury of the United States a certain quantity of gold or silver which the holder of the certifi- cate may obtain by presenting the certificate at the treasury for redemption. Representative money has been invented to save the trouble of carrying and handling the real money. QUESTIONS ON THE TEXT 1. What is the meaning of barter? Name some of the inconveniences of barter. 2. Why did the colonists of Virginia use tobacco as money? What other commodities were used by the colonists as money? 3. Give the reasons why silver and gold are universally used as money. 4. Give an account of coinage in America during the colonial period. What is the provision in the Constitution in respect to coinage? 5. Give a definition of paper money. What is legal tender? 6. What was the experience of the colonists with paper money? What is a bill of credit? Give an account of paper money issued dur- ing the Eevolution. 310 THE AMERICAN GOVERNMENT 7. What does the Constitution say about the issue of paper money? 8. What is representative money? Contrast representative money with paper money. SUGGESTIVE QUESTIONS AND EXEECISES 1. Let us suppose that in 1615 a pound of tobacco in Virginia would purchase a bushel of corn; if five years later a pound of tobacco could be raised with half the labor that it formerly took, while a bushel of corn required the same amount of labor, how much corn could be pur- chased in 1620 for a pound of tobacco? Why would a pound of tobacco in 1620 have less purchasing power than in 1615? Is the purchasing power of a piece of money proportional to the labor that has been spent in obtaining it? 2. A man went to Klondike and secured enough gold dust to make $5,000 in coin. Describe the travel, the hardships, the labor which the money represented. 3. If a gold-mine as rich as Klondike should be discovered in every State how could the production of gold be affected? Would prices be higher or lower after the discovery? What relation exists between prices and the amount of money in circulation? If iron were used as money would prices be high or low? 4. What properties have diamonds that would make them suitable as a medium of exchange? What properties do they lack? 5. In what places is gold produced in large quantities? Where are the largest silver-mines? 6. Do gold and silver fluctuate in value like cotton and sugar? Compare the price of wheat, silver, cotton, beef and sugar during the last ten years and determine in which commodity there have been the greatest variations in value. 7. Does the laborer buy money with his labor? Does the capitalist buy labor with his money? Does the farmer buy money with his wheat? 8. Would you accept a ten-dollar gold piece upon the condition that you were not to use it as money? Would it be worth while to accept a ten-dollar bill upon similar conditions? 9. Is legal-tender paper money worth more or less than the paper upon which it is printed? 10. Name all the different kinds of money you have seen. Topics for Special WorTc. — Money as a Tool in Exchange : 20, 98-107. Development of Metallic Money: 21, 224-233. XLI METALLIC CURRENCY Definition of "Currency." The term currency includes all money, whether metallic or paper, which circulates at its face value. Mexican silver dollars are money, but they are not currency in the United States, for they do not cir- culate here unless at a discount. The currency of the United States consists at present of gold coin, certificates representing gold, silver dollars, certificates representing silver, subsidiary silver — coins of bronze and nickel, United States notes (greenbacks), national bank notes, and federal reserve bank notes. It will be the purpose of this chapter to give an account of that portion of our currency which con- sists of metal or certificates representing metal. Coinage before 1873. We have seen that the experience of the Americans with paper money previous to the forma- tion of the Constitution had been very unsatisfactory, and that after the adoption of that instrument a State was no longer permitted to issue paper money. The new Gov- ernment was strongly inclined to a metallic currency, and in 1792, when establishing a mint, enacted a coinage law providing : "That it shall be lawful for any person or persons to bring to the said mint gold or silver bullion in order to their being coined . . . free of expense to the person or persons by whom the same shall have been brought. And as soon as the said bullion shall have been coined the per- son or persons by whom the same shall have been delivered, shall upon demand receive in lieu thereof coins of the 311 312 THE AMERICAN GOVERNMENT same species of bullion which shall have been so delivered, weight for weight, of pure gold or silver therein contained. ''That all gold and silver coins which shall have been struck (stamped) and issued from said mint shall be a lawful tender in all payments whatsoever. ' ' ^ The relation which was to exist between the value of gold and that of silver was stated in these words: "Every fifteen pounds weight of pure silver shall be equal value in all payments with one pound of pure gold." The law of 1792 thus provided for free coinage of gold and silver at the ratio of fifteen to one. A dollar of gold contained 24.75 grains of pure metal, and a dollar of silver 371.25 (15 X 24.75) grains. The mint continued to coin the precious metals at the ratio of fifteen to one until the year 1834, when it was found that fifteen pounds of silver was not worth one pound of gold. About this time one pound of gold in foreign market was worth nearly sixteen pounds of silver. The holders of gold, therefore, were not willing to pay it out in the United States, where it was worth but fifteen pounds of silver, just as farmers would not be willing to exchange a bushel of wheat for seventy-five cents in the home market when they could get eighty cents elsewhere. As a result of the overvaluation of silver (or the under- valuation of gold) there came into operation a monetary principle which is known as "Gresham's Law," and which is usually stated as follows: "Bad money tends to drive out good money, but good money cannot drive out bad." This law does not mean that either silver or gold is of it- self either good or bad. It means that people will pay their debts and purchase articles with the cheapest money available, and that they will either hoard or send abroad the dearer money. Under the law in force before 1834 silver was driving gold from circulation, because every- body who could do so was holding back his gold and pay- ing his debts and making his purchases in silver. * Statutes at Large, p. 246. METALLIC CURRENCY 313 In order to bring gold back into circulation, Congress in 1834 reduced the weight of the gold dollar to 23.22 grains of pure metal, allowing the silver dollar to remain 371.25 grains. The ratio thus established was (nearly) sixteen to one — a ratio at which the two metals have ever since been coined. Under this law the free coinage of both metals continued as before. It was soon found that the new ratio of sixteen to one overvalued gold, and "Gresham's Law" again came into operation. This time, since gold was the cheaper money, silver was driven from circulation. In 1850 a silver dollar was worth $1.02 in gold, and after the discovery of gold in California the relative value of silver was still higher. As a consequence, between 1837 and 1873 but little silver, except in the form of subsidiary coins (see below), was coined. Coinag'e since 1873. In 1873 — an important date in our monetary history — Congress discontinued the free coinage of silver,^ and established as the unit of value the gold dollar of the weight of 23.22 grains of fine gold with one tenth of alloy to prevent abrasion. In the same year Ger- many withdrew large quantities of silver from circulation, and in the following year several other European countries began to restrict the coinage of silver. About this time immense deposits of silver were discovered in Nevada, and cheaper methods of extracting the metal from the ore were invented. The production of silver increased, and the de- mand for it at mints decreased. The result was that in the years following 1873 there was a marked decline in the value of silver as compared with gold. The unpopularity of the demonetization of silver (i.e., ^ The act which discontinued the coinage of the re^lar silver dollar provided for the coinage of a "trade dollar" of 420 grains of silver. This coin was intended for circulation in China. It was legal tender to the amount of five dollars until 1876, when Congress took away its legal tender character altogether and in 1878 ceased to coin it. It has entirely disappeared from circulation. 314 THE AMERICAN GOVERNMENT the refusal of the government to coin the metal into money) caused Congress in 1878 to pass the " Bland- Alli- son Act," which provided "that the government should buy not less than two million dollars' worth, and not more than four million dollars' worth of silver bullion each month, and coin it into silver dollars, these to be full legal tender." Under this act a great deal of silver was coined, but there was not unlimited free coinage as there had been prior to 1873. The law of 1878 continued in force for twelve years, and under its workings $378,166,793 in silver was coined. Of this sum $57,000,000 entered circulation as metallic silver dollars. The remainder was deposited in the vaults of the treasury and silver certificates (represen- tative money) were issued against it. In 1890 the " Bland- Allison Act" was repealed and the law known as the "Sherman Act" was passed. This law provided that the Secretary of the Treasury should pur- chase at its market value 4,500,000 ounces of silver each month and pay for the same with treasury notes. Under this law 168,000,000 ounces of silver were bought, 36,000,- 000 silver dollars coined and $156,000,000 of treasury notes issued. These treasury notes of 1890 were legal tender and could be presented by the holder to the Secretary of the Treasury and be redeemed either in silver or gold at the discretion of that officer. In 1893 the government of India demonetized silver, an act which lowered its price all over the world. In the same year the gold reserve — a sum of $100,000,000 which the government kept on hand to redeem the treasury notes and the greenbacks (p. 322) with — began to di- minish day by day. These and other discouraging facts produced the impression that the Secretary of the Treasury would not long be able to redeem the treasury notes and greenbacks in gold, and the holders of these kinds of cur- rency, becoming alarmed, presented them in large sums for redemption, always demanding gold. The treasury METALLIC CUKRENCY 315 faithfully redeemed in gold, but the fear that the reserve would be exhausted and that silver, a dollar of which was worth only sixty-seven cents, would be the only money available for redemption purposes, led to a panic in the financial world, and this led to the repeal of the purchasing clause of the "Shei-man Act," and thus the issue of treas- ury notes ceased. Since 1893 coinage has been on a gold basis. No silver bullion has been purchased at the mints since that date, although a considerable portion of that which was bought under the Sherman Act has been coined as Congress has from time to time directed. Under a law of 1900 gold was made the standard unit of value and no provision was made for the coinage of silver ^ other than that which was already in stock. Silver dollars and silver certificates, however, are still legal tender, and it is the declared policy of the government to keep them on a parity with gold, that is to say, when silver certificates are presented to the treasury for redemption it is the policy of the govern- ment to redeem them in gold at their face value, and if silver dollars are presented for exchange they will be exchanged for gold, dollar for dollar. The coinage of gold is free. Subsidiary Coinage. The account of the coinage which has been given has referred to coins of a denomination of one dollar and upwards. Silver coins of a denomination of less than a dollar have been issued ever since the estab- lishment of the mint. These are known as subsidiary coins or fractional currency, and consist of the familiar half- dollar, quarter-dollar and dime. These are legal tender to the amount of ten dollars. In the half-dollar there are 173.61 grains of pure metal, and proportional weights in the quarter-dollar and dime. Below the subsidiary silver ^ The government still purchases silver for subsidiary coinage and for coins used in the Philippine Islands. 316 THE AMERICAN GOVERNMENT are the minor coins of base metal, the five, three and one cent piece, which are legal tender to the amount of twenty- five cents. Bimetallism and Monometallism. The demonetization of silver has been the cause of fierce political controversy. Many people called bimetallists believe that the United States should permit free and unlimited coinage of both gold and silver at a ratio fixed by law. It is contended by the bimetallists : 1. That there is not enough gold produced in the world to supply the requirements of business. 2. That a double standard prevents prices from fiuctu- ating; that when one metal begins to be scarce and its pur- chasing power begins to rise the other metal will take its place and restore prices to a level. 3. That the low price of silver is due to legislation; that if the free coinage of silver should begin again its price would rise. 4. That under gold monometallism there has been a gen- eral fall of prices, and that this faU has imposed unjust burdens upon the debtor classes. The monometallists, or those who believe in the single gold standard, reply : 1. That the supply of gold is increasing fully as rapidly as the demands of trade. 2. That bimetallism is impossible ; that even if you coin the two metals, one of them will always be the standard, and that one the cheaper; that Gresham's Law is unalter- able. 3. That legislation cannot regulate the price of silver or of any other commodity ; that silver is cheap because the supply is large and the demand small. 4. That the fall in prices is due not to the scarcity of money, but to the improvements in methods of production; furthermore, that in making contracts we are bound to incur risks, and that sometimes the debtor class profits by METALLIC CURRENCY 317 the change in price and sometimes the creditor class profits thereby. International Bimetallism. Many people who believe in the principle of bimetallism do not think it would be wise for the United States to throw its mints open to the free coinage of silver unless the great nations of the world should do likewise. These usually advocate iniernational himetaUism, a scheme under which the principal govern- ments of the earth are to agree to make both metals legal tender at a fixed ratio and allow free coinage of both. The champions of this policy argue that if the law should everywhere recognize so much silver as being worth so much gold it would be possible to keep both metals in cir- culation, for there would be no inducement either to hoard or send abroad either metal. The further arguments of the international bimetallists are those of the national bimetal- lists stated in the preceding section. Several monetary conferences consisting of representa- tives of the leading nations have endeavored to agree upon a plan by which silver may be remonetized and interna- tional bimetallism accomplished, but the efforts of these conferences have not been rewarded. The currency law of 1900 while making gold the single standard declares that nothing in the law shall be construed as unfavorable to international bimetallism. QUESTIONS ON THE TEXT 1. What is meant by the term "currency"? Illustrate. 2. State the provisions of the coinage law of 1792. What do you understand by the free coinage of a metal? 3. Explain "Gresham's Law." Illustrate its workings ia our monetary history. 4. What led to the depreciation of silver after 1873? What were the "trade dollars"? 5. What were the provisions of the " Bland- Allison Act"? 6. What were the provisions of the "Sherman Act"? 7. What circumstances led to the repeal of the '-' Sherman Act"? 8. What is the law at present in respect to coinage? 318 THE AMERICAN GOVERNMENT 9. What are the subsidiary coins? What is the number of grains of silver in a quarter? in a dime? 10. What is meant by bimetallism P State the arguments for and against this policy. 11. What is meant by international 'bimetallism? What are the arguments- of those who favor this policy f SUGGESTIVE QUESTIONS AND EXERCISES 1. The law of 1792 quoted in the lesson says: "Every 15 lbs. weight of pure silver shall have equal value in all payments with one lb. of pure gold." Why 15 to 1? Why not 10 to 1, or 20 to 1? 2. If a government should open its mints to the free coinage of sil- ver and copper, what ratio would be established between the two met- als? (Use the market quotation found in the newspaper.) 3. If under the bimetallic scheme suggested in 2 the copper-mines should be suddenly exhausted, how would "Gresham's Law" operate? 4. What was the "crime of '73"? 5. How many grains of silver in a silver half-dollar? Are two sil- ver half-dollars worth one silver dollar? Do they contain as much silver as a silver dollar? 6. If you are worth your weight in gold how many dollars are you worth? 7. Which do you see more frequently — gold or silver certificates? What was the smallest amount for which you ever saw a gold certifi- cate? The largest amount? What was the smallest amount for which you ever saw a silver certificate? the largest amount? 8. How many grains of gold is the silver in a silver dollar worth? (See market price of silver.) Why is it that a silver dollar readily exchanges for a gold dollar? 9. Is the amount of gold produced annually increasing or decreas- ing? Does this fact favor the monometallist or the bimetallist? What facts favor the position of the monometallist? What facts favor the position of the iDimetallist? 10. Procure, if possible, a gold certificate, a silver certificate and a treasury note of 1890 ^ and bring them to class for the purpose of study. According to the language on its face what metal would you get for the gold certificate if you should present it at the treasury for redemp- tion? What metal would you get for the silver certificate? Suppose you knew you could get gold for your treasury note if you asked for gold, would you regard it as good as a gold certificate? Suppose you understood that the government's supply of gold for redemption pur- poses was running low, what would you be inclined to do with your treasury note? Suppose you should burn your gold certificate, would the government gain or lose? Topics for Special WorJc. — Bimetallism: 21, 303-313. The Demoneti- zation of Silver: 22, 403-413. * Under the currency law of 1900 treasury notes are being withdrawn from circulation and silver certificates are being issued in their place. It may be diificult, therefore, to procure a treasury note. XLII PAPER CURRENCY Bank Notes and Government Notes. In addition to the metallic currency described in the last chapter we have in circulation a large volume of paper currency. This consists of hank notes and United States notes. A bank note is a promissory note, payable on demand, made and issued by a bank and intended to circulate as money. Whe- ther a bank note will circulate as money or not ordinarily depends upon the reputation of the bank and upon its ability to pay the note when presented for payment. If those persons to whom the note is offered have no faith in the bank's promise they will not receive the note, and its circulation is thereby made impossible. A United States note (greenback) is a form of paper money issued by the federal government and based upon the credit and good faith of the country. It is a legal tender for all debts public and private. The United States Banks. The financial plans of Hamilton included the organization of a bank in which the new federal government should have a direct interest. Such a bank, he claimed, would make it easier for the govern- ment to obtain loans, would make it more convenient for the individual to pay his taxes to the government, and would furnish a safe depository for the government's funds. But could the federal government, under the Constitution, establish banks? Hamilton contended that it could, claim- ing authority under the "elastic clause." IMadison con- tended that the scheme for a government bank was "con- 319 320 THE AMERICAN GOVERNMENT demned by the silence of the Constitution; was condemned by the rules of interpretation arising out of the Constitu- tion; was condemned by its tendency to destroy the main characteristics of the Constitution. ' ' ^ Jefferson also bit- terly opposed the bank scheme, but Hamilton was victori- ous in Congress and in 1791 the first Bank of the United States was chartered for a period of twenty years. Its capital was $10,000,000, of which sum the government subscribed $2,000,000, becoming thereby an active part- ner in the banking business. The notes issued by the bank were receivable in payment for all debts due to the United States. The bank was prosperous, but when its charter expired in 1811 its enemies were too strong for it and it failed to secure a renewal of its charter. The notes (paper money) which the first bank issued amounted to $5,000,000, but when the bank closed they were paid and cancelled and thus passed out of existence. In 1817 Congress, recognizing the assistance which a gov- ernment bank might give in financing the war debt of 1812, chartered the second Bank of the United States for a term of twenty years, contributing one fifth of the $35,000,000 of capital. Andrew Jackson opposed the bank with all his might and succeeded in preventing a renewal of its charter, which expired in 1837. The notes of this bank, like those of the first, were redeemable in coin and were a legal tender for all debts due to the government. The charter permitted a circulation of $35,000,000 in notes, but the largest amount issued was $25,000,000. The notes of this second bank did not always pass at their face value, but in the end they were all redeemed and removed from circulation. Since 1837 the federal government has not been interested as a partner in any bank. State Banks. The real enemies of the Bank of the United States were the banks which were chartered by State au- *In 1820 the Supreme Court of the United States decided that the federal government has the right to establish banks. I PAPER CURRENCY 321 thority. There were three of these in existence at the time of the estahlishment of the government, and in 1837, when the Bank of the United States was crushed, there were nearly eight hundred. The State hanks issued bank notes, but these could not be legal tender, the Constitution providing that no State can make anything but gold and silver a legal tender (73). The notes of the State banks were like the promissory notes of an individual, one could accept them or not as one pleased. After the downfall of the Bank of the United States in 1837 a very large part of the currency of the country consisted of the notes of the State banks. In some States the banks were kept under strict control and were compelled to keep on hand sufficient specie with which to redeem their notes, but in a number of States there were no such safeguards and "wild-cat" banks issued notes regardless of their ability to redeem them. The outstanding notes of State banks in 1860 amounted to over $200,000,000. In 1865 Congress passed a law imposing a tax of ten per cent, on the circulation of State banks. The purpose of this tax was to strengthen the new national bank system (see below) by driving the notes of the State banks out of cir- culation. The law succeeded in its purpose. "The power to tax is the power to destroy." State banks redeemed and cancelled their outstanding notes and ceased to issue new ones. We still have State banks,^ but they do not issue bank notes, because they cannot afford to pay the tax. National Banks. The Civil War was not far advanced be- fore it was plain that the State banks could not meet the financial demands of the hour. In 1861 the New York banks suspended — ceased to redeem their notes in specie — and the national government could no longer borrow gold from them. Accordingly, in 1863 Congress created a system of national hanks, which became the basis of our banking *It is estimated tliat there nre about 14,000 private and State banks in the United States. 822 THE AMERICAN GOVERNMENT system as it exists at present. The national banking law of 1863 has been modified from time to time, but its essen- tial features have remained unchanged. Our national banking system as it is to-day may be described as follows: (1) National banks with a capital of $25,000 may be organized in towns of less than 3000 inhabitants; in towns of more than 3000 and less than 6000 inhabitants the capital must be $50,000 ; in places of more than 6000 and less than 50,000 inhabitants it must be $100,000; in places of more than 50,000 it must be $200,000. (2) The organizers of a bank (not less than five in num- ber) must purchase United States bonds equal in amount to at least one fourth of the capital of the bank and de- posit these bonds with the comptroller of the currency at Washington. The bank remains the owner of these bonds and receives interest from them. (3) The bank receives from the comptroller national hank notes equal in amount to the par value of the bonds deposited. These bank notes are not legal tender; they are promises to pay — like the old notes of the State banks; like any bank note, in fact. (4) The bank notes are secured by the bonds in the pos- session of the Treasurer of the United States. If a bank should fail in business and be unable to redeem its notes in legal tender money, the comptroller will sell the bonds and get the money with which to redeem the notes. A bank note is thus as good as a government bond, as good as the government itself. Banks frequently fail, but the holders of their notes have never lost a dollar by reason of the failure.^ United States Notes. We come now to the paper currency issued by the government.^ It has been seen that during ^ Under the national banking laws more than 7,500 banks have or- ganized with a total issue of about $850,000,000 in bank notes. ' During the War of 1812 the federal government issued $36,000,000 in interest- bearing treasury notes, but these were not legal tender. They were all redeemed after the war closed. J PAPER CURRENCY 323 the Civil War the federal government issued large quan- tities of inconvertible paper money, making the same a legal tender (p. 308). The notes thus issued are officially known as United States notes, but they are popularly called greenbacks, a name given to them on account of the green color of their backs. These greenbacks have played an important part in our financial and political history during the past forty years. In all $449,000,000 in greenbacks was issued. When the war was over the government began to destroy them when they came into the treasury, just as one destroys a promis- sory note when it is paid. The policy of retireme^it (de- struction) of the greenbacks continued until 1868, when the people demanded that the retirement should cease; they said the greenbacks were needed in business. Con- gress obeyed the demand and ceased to retire the green- backs. Now that the greenbacks were to remain in circulation it was necessary to make them as good as gold. During the war and the years immediately following it they had been below par; a dollar in greenbacks could not be ex- changed for a dollar (23.22 grains of gold). In 1875 Con- gress passed a measure, the purpose of which was to make the greenbacks as good as gold. This was the Redemption Act, which provided that after January 1, 1879, the Secre- tary of the Treasury should resume specie payments, or, in other words, should redeem greenbacks in gold, dollar for dollar, whenever they should be presented at the treasury for redemption. To enable him to do this he was per- mitted to sell bonds for gold and keep this gold in the treasury as a reserve set apart especially for redemption purposes. The result was that greenbacks began to circu- late at par. When redemption day arrived the Secre- tary had on hand more than $100,000,000 of gold, but no greenbacks were presented. The knowledge that they were as good as gold satisfied everybody and - no gold was demanded. 324 THE AMERICAN GOVERNMENT What was to be done with the greenbacks after they were redeemed? Congress in 1878 answered this question by providing that when a greenback was redeemed in specie it "should not be retired, cancelled or destroyed, but should be re-issued and paid out again and kept in circulation. ' ' ^ The greenbacks in circulation at this time amounted to $346,000,000, and this amount has never been materially decreased. Under the Sherman Act of 1890 (p. 314) the treasury notes as well as the greenbacks could be presented for re- demption. In 1893 there were $150,000,000 of these notes, and the sum was increasing. Here was $500,000,000 of paper money, greenbacks and treasury notes together, and only $100,000,000 of gold with which to redeem it. As we have seen (p. 314), this condition of affairs alarmed the financial world and there was a rush to the treasury with greenbacks and treasury notes. The reserve fell rapidly, and the Secretary (1894^1896) was compelled to sell bonds (borrow money) to the amount of $262,000,000, in order to keep the gold reserve at the $100,000,000 mark. Under the currency law of 1900 the gold reserve must be $150,000,000, and United States notes are redeemable at the treasury in gold. Why have not the greenbacks been retired as they have been redeemed ? The friends of the greenbacks answer that to retire them would contract the currency, would make money scarce, and thus lower prices; that we need more money, not less money. The enemies of the greenbacks say that they ought to have been retired long ago, and that under a sound system of financiering they would have been retired; that they have already cost more than their face value, and that they will be a source of danger as long as they exist. Another question : Did Congress have the right under the Constitution to issue paper money as legal tender? The Supreme Court of the United States in 1884 an- ^20 Statutes at Large, p. 87. PAPER CURRENCY 325 swered this when it declared that "Congress has the constitutional power to make the treasury notes of the United States a legal tender in payment of public and private debts in time of peace as well as in times of war." The Essential Facts of our Monetary System. We are now prepared to understand the following summary of our mone- tary system: (1) The federal government has complete control of all currency issues and may issue legal tender paper money as well as gold and silver currency. (2) The gold dollar of 23.22 grains is the unit of mone- tary value, and the coinage of gold is free. The amount of gold coined from year to year is wholly a matter of private initiative. Government does not regulate it. The amount is regulated by supply and demand — the supply of gold bul- lion and the demand for gold coin. (3) Silver dollars and silver certificates, the treasury notes of 1890, and United States notes (greenbacks) are exchangeable for gold at their face value upon presentation at the treasury of the United States. (4) This redemption is made possible by the reserve fund of $150,000,000 in gold which the government keeps in its vaults. (5) The paper money, when redeemed with gold, is again used by the government in the payment of its debts, and thus again finds its way into circulation. (6) The volume of money in circulation is increased by the coinage of gold at the mints and by the notes issued by banks. (7) Bank notes are as good as gold because the govern- ment bonds, and other securities which are back of them are as good as gold. QUESTIONS ON THE TEXT 1. What is a bank note? a government note? 2. For what purposes did Hamilton establish a government bank? 326 THE AMERICAN GOVERNMENT Grive an account of the first and second banks of the United States. 3. Give an account of State banks prior to the Civil War, 4. In what matters did the State banks fail to meet the financial needs of the government during the Civil War? 5. Describe the present national bank system. 6. Give an account of the paper money issued during the Civil War. 7. Give an account of the resumption of specie payments. 8. What was done with the greenbacks when they were redeemed? 9. Give an account of the drain on the gold reserve in 1893. 10. Why are the greenbacks not destroyed as fast as they are re- deemed? What are the arguments for and against retirement? 11. What was the decision of the Supreme Court in reference to the right of Congress to issue paper money? 12. What are the provisions of the Aldrich Law? 13. What are the essential features of our monetary system? SUGGESTIVE QUESTIONS AND EXEKCISES 1. If you had $100 in a bank and owed a man living at a distance $26.87, how would you be likely to pay the debt? Is a bank check currency? Does it take the place of currency? A, B and C meet. A owes B $5, B owes C $5, and C owes A $5. A draws a check for $5 and pays B; B pays C with the check; C pays A with the check. After the transaction is finished and each has a receipt A remembers that he had no money in the bank. Can a debt be paid without money? 2. Draw a promissory note. Compare the language of the note with that found on a national bank note. Under what conditions would you accept the promissory note in payment of a debt? 3. Study what is printed on a bank note and answer the following questions: Is it legal tender for all debts? What is the penalty for counterfeiting it? When and where was it issued? 4. Suppose a bank note which you hold should be destroyed, would the bank gain by reason of the accident? 5. Study what is printed on a United States note and answer the following questions: In what year did Congress authorize it to be is- sued? Is it legal tender? What is the punishment for counterfeiting it? It says: "will pay the bearer five dollars": What did these words mean at the time the note was issued? What do they mean now? 6. How much currency per capita is in circulation in the United States? How much per voter? 7. How is the volume of currency increased as more is needed? 8. Federal Reserve Banlis: — In 1913, Congress established a system of federal reserve banks. The purpose of these banks is twofold: to bring about a more even difllusion throughout the country of the money that is already in circulation; and second, to make such ad- ditions to the present volume of currency as the conditions of trade may require. Under the federal reserve act the United States has been marked off geographically into twelve districts and in one of the cities of each district there has been established a federal reserve PAPER CURRENCY 327 bank. The cities which have federal reserve banks are: Boston, New York, Philadelphia, Cleveland, Eichmond, Atlanta, Chicago, St. Louis, Minneapolis, Kansas City (Missouri), Dallas, and San Francisco. The members and owners of a federal reserve bank are the national banks within the district and such State banks and trust companies as may choose to join under the conditions laid down by the law. The federal reserve bank is a bank of banks: its depositors are the member banks and the deposits in its vaults con- sist of a certain specified portion of the reserve fund which the mem- ber banks within the district are required by law to keep in their pos- session for the safety of their customers. The borrowers from a re- serve bank are the member banks within the district. Before 1914, a very large portion of the reserves of banks flowed into two or three financial centers and there was a harmful congestion of money in those centers, but under the act of 1913 the reserves of the banks of a given district will be kept within the boundaries of that district and con- gestion will be prevented. Yet under certain conditions reserves may flow from one district to another, for in an emergency funds may be transferred from one reserve bank to another, if in the judgment of the Federal Reserve Board the transfer is desirable. Additions to the existing volume of currency are made under the act of 1913 by the issuance of federal reserve notes by any federal reserve bank that desires to issue such notes, but no federal reserve notes can be issued without the authority of the Federal Reserve Board. Federal reserve notes are secured not by bonds, as in the case of national bank notes, but by a gold reserve equal to 40% of the face value of the note plus an amount of commercial paper (promissory note) equal to 100% of the face value. Furthermore, the United States Treasury is pledged to redeem in gold all federal reserve notes actually presented to it for redemption- The federal reserve banks are wholly under the control of the Fed- eral Reserve Board. Tliis Board consists of the Secretary of the Treasury, the Comptroller of the Currency, and of five members ap- pointed by the President. 9. The Amounts of the Several Kinds of Currency. The following table prepared by the comptroller of the treasury shows the general stock of money in the United States November 1, 1915: Gold $2,198,113,762 Silver 568,271,655 Subsidiary silver 186.730,386 United States notes 346,681,016 Federal reserve notes 169,390,000 National bank notes 779,917,681 Total $4,249,104,500 Topics for Special JVorl'. — Government Paper Money: 21, 263-269. Greenbacks and Resumption: 22, 359-378. The National Banks and the Panic of 1907: 30, 467-469. XLIII FOREIGN COMMERCE Introductory. Commerce is the exchange of goods, mer- chandise, or property of any kind. All governments find it necessary to regulate commerce. In the United States power in respect to commerce is divided between the State and the federal government. Foreign commerce, interstate commerce and commerce with Indian tribes (47) are regu- lated by Congress, while the regulation of commerce car- ried on wholly within the boundaries of a State is the function of the State government. The subject of the regu- lation of commerce, therefore, may be treated appropri- ately under three heads: (1) Foreign Commerce, (2) Inter- state Commerce and (3) Intrastate Commerce. In this chapter the first of these topics receives attention. The Power of Congress over Foreign Commerce. Under the Confederation commerce with foreign nations was in a confused and disordered condition. Each State had its own custom-house and levied such duties on imports as it deemed expedient. There was no uniformity in the cus- toms rates and the commercial warfare between the sev- eral ports along the coast was destructive. To remedy these evils the Convention of 1787 placed the regulation of foreign commerce wholly in the hands of the national government. Of course it was asking a great deal of a port like New York to give up its custom-house receipts, yet patriotism in the Convention prevailed, and the States gave up their power to collect customs duties (74). 328 f FOREIGN COMMERCE 329 The power of Congress over foreign commerce is limited in only two particulars: (1) It must deal fairly with all the ports of the country, and not give one port a preference over another (68) ; and (2) it must not lay any tax or duty on articles exported from any State (67). The power of government to regulate commerce is con- strued very broadly and extends not only to the goods ex- changed and to the agencies of transportation, but to the movement of persons as well. Congress, therefore, in the exercise of its constitutional power can do much to in- fluence the character of our foreign commerce and to shape its course. Indeed, Congress can prohibit foreign com- merce altogether, as was illustrated by the non-importation act of 1806, and by the embargo act of 1807. Under the non-importation act foreign goods could not be brought into the country, and under the embargo act vessels could not leave the harbors of the United States. Of the many regulations of Congress in respect to for- eign commerce the most important refer to the tariff, to shipping, and to immigration. The Tariff; Free Trade and Protection. As heretofore stated, it has always been the policy of the United States to raise a large part of the national revenue by means of a tariff or duty laid on imported goods (p. 274). On what principle shall the tariff be laid? Shall every imported article be taxed at the same rate, or shall some be taxed at a high rate and others at a low rate? Shall some kinds of goods be allowed to come in free? From the beginning of our national history to the present time two distinct policies have been advanced in reference to foreign goods: (1) the free-trade policy and (2) the pol- icy of protection. The adherents of the free-trade policy, regarding free commercial intercourse between nations as a good thing in itself, contend that taxes on foreign goods should be levied, not with the view of keeping the goods out of the country, but with the view of raising the neces- 330 THE AMERICAN GOVERNMENT sary revenue, and with that view only. The adherents of the protective policy, desiring to protect home producers from competition with foreign goods, would levy the cus- toms, not so much with the view of raising revenue, as with the view of at least discouraging importations. The essence of the free-trade argument is that, under nor- mal conditions of production and competition, a country will satisfy its needs with the least possible effort. Those things that can be produced with the greatest economy at home will be so produced, and any surplus will be exchanged abroad for what other nations can produce with less of effort. Commerce between two countries, each of which produces according to its natural resources, is always prof- itable to both countries, the free-traders contend, for each country exchanges that which it wants less for that which it wants more. The argument of the protectionist is that by imposing high import duties upon certain classes of goods and thereby partly or wholly keeping them out of the country you encourage the production of those goods at home, and this encouragement results in new occupations and in a diversified industry at home. The additional pro- ducers thus called into being by the protective tariff are also consumers, and they buy at least a part of the country 's surplus. Another argument for protection is based upon the difference in the standards of comfort and rates of wages in different countries. If there were no tariff hin- drances the lower standard and the lower wage would be given the advantage in competition and workmen would suffer as a result. Tariflf Legislation in the United States. The first act that was passed by Congress relating to foreign commerce (p. 274) imposed moderate duties on the commerce of all nations. Its main object was to raise revenue, although it had mild protective features. The active principle of protection was first seen in a law passed in 1816. After the War of 1812 the English manufacturers rushed into FOREIGN COMMERCE 331 our markets with their goods "as if to the attack of a fortress." To shut out some of these goods and protect American manufactures a duty of twenty-five per cent, was placed upon woolen and cotton goods, and thirty per cent, upon certain other goods, notably upon carriages, shoes and paper. These high duties were not imposed for the sole purpose of raising more revenue ; they were im- posed for the protection of the home market. By 1824 a change had taken place in the attitude of the different sections of the country in respect to the tariff. The South had become an important producer of cotton, and it felt that the tariff interfered with the profits of the trade in cotton exports. The South, therefore, was opposed to a protective tariff. The West, on the other hand, was anxious for manufacturing centers in which to dispose of agricultural products and favored a protec- tive tariff. The growth of manufactures in New England and the increase of the iron business in Pennsylvania gave a firmer hold to the protective policy in those quarters. As a result of these various interests the tariff rates were increased in 1824 to an average of thirty-seven per cent. Political considerations had entered into the tariff act of 1824. In 1828, when Congress passed a new tariff act, complications arising out of the presidential fight gave the bill a still more distinct political complexion. The act as passed increased the tariff on manufactures to an aver- age of forty per cent, and increased considerably the duty on raw materials. The tariff of 1828 was bitterly opposed in the Southern States, because in those States there were few manufacturing interests to be protected, and because it was to the interest of the South to have free trade with England, the principal customer for Southern cotton, hemp and tobacco. The tariff of 1828 — the Tariff of Abomina- tions it was called — was accordingly overhauled in 1832. Rates were reduced, and the attempt was made to con- ciliate the South by reductions on goods needed on the plantations. The duty on cotton goods remained the same 332 THE AMERICAN GOVERNMENT as before, and the rate on woolen goods was increased to fifty per cent. There was still a distinct adherence to the protective principle. The South was by no means appeased. South Carolina even threatened secession from the Union. To allay this intense opposition Clay came forward and pushed through Congress the compromise tariff of 1833. This bill pro- vided for a gradual reduction of the tariff, so that by 1842 the average duty had become reduced to twenty per cent. This rate did not produce enough revenue, and in 1842 duties were increased to the level of the tariff of 1833. In 1846, when the revenues were more than were needed, Robert L. Walker, the Secretary of the Treasury, proposed and had carried through Congress a bill which brought a general reduction in the tariff rates. Cotton goods, woolen goods and iron were affected chiefly by the reduction. A tariff bill in 1857 reduced the tariff ratio to a point lower than it had been since the inauguration of the protec- tive system in 1816. The panic of 1857 brought about a falling off in the revenues of the country. In 1861 the Morrill bill was passed to remedy this difficulty, although the chief motive back of this bill was protection to manu- factures. The Civil War brought frequent increases in the duties. The climax of tariff legislation appeared in the act of 1864. This act was intended to increase the revenues and to establish the protective system more firmly than ever. The average rate of duties was increased to 47.06 per cent. Between 1864 and 1890 various attacks were made upon the protective policy, but without marked success. The McKinley bill, which Congress passed in 1890, car- ried the protective principle beyond any of the preceding acts. A slight reaction came in 1893 when the Democratic party was restored to power, but the resulting tariff bill (the Wilson bill, 1894) introduced only one striking inno- vation — the removal of the duty on wool. In 1897 the Re- publican party returned to power and passed the Dingley FOREIGN COMMERCE 333 bill, which in some directions went further with the pro- tective principle than the McKinley bill went.^ The above sketch shows four things: (1) the protective principle, in the long run, has gained ground, (2) the tariff has always been an important issue in politics, (3) it is exceedingly difficult to frame a tariff law that is satis- factory to all sections, (4) our tariff policy has been a fluctuating one. It is regrettable that our tariff regulations are not more stable. Commercial interests doubtless suffer more from repeated changes in the tariff than they would from a per- manently high tariff or from a permanently low tariff. Regulations of Foreign Shipping. In its regulations affect- ing vessels engaged in foreign trade Congress has always aimed to protect and promote American shipping interests. Only vessels built within the United States and wholly be- ^In 1909 the Payne Tariff slightly reduced some of the schedules of the Dingley Law, while in 1913 greater reductions were made by the Underwood Law. The operation of the tariff under the Dingley and the Payne laws may be fairly well learned from the following table: Articles Value Duties collected Ad- valo- rem rate Sugar $101,435,108.04 $57,024,675.34 56% Wool and woolen goods 70,736,936.98 41,900,692.95 59% Cotton manufactures 67,938,880.18 38,076,761.07 56% Fibers and goods made of fibers 61,440,741.37 22,427,670.18 36% Iron and steel manufactures 37,548,287.71 12,375,245.99 33% Silk manufactures 33,083,666.91 17,675,021.40 53% Tobacco manufactures 30,481,468.84 24,124,339.21 79% Chemicals, drugs and dyes 30,934,400.55 7,346,884.01 23% Spirits, wines and liquors 23,896,157.83 17,572,334.56 74% Fruits and nuts 21,223,009.68 8,438,755.54 40% Lumber 23,768,077.11 2,070,641.13 9% All other dutiable articles 283,828,502.12 77,305,584.08 27% Total dutiable $786,315,237.32 $326,238,605.46 41% The table shows the customs revenue for the fiscal year 1910. The eleven classes of articles enumerated in the table paid about three- fourths of the entire customs duties. 334 THE AMERICAN GOVERNMENT longing to citizens thereof can be registered as American, unless by a special act of Congress. Moreover, unless a vessel is officered by Americans it cannot fly tbe American flag. Vessels engaged in foreign commerce must as a rule pay into the federal treasury an annual tonnage tax — a tax on the carrying capacity estimated in tons — but this tax is made to fall more heavily on foreign vessels than on those registered as American. Foreign vessels cannot en- gage in the coasting trade, or in trade between the United States and its insular possessions. For the beneflt of com- merce as well as for the saving of human life the federal government supports the life-saving service which patrols the coast and sends out life-boats and throws out life-lines to save the passengers and cargoes of vessels in distress. The Regulation of Immigration. Since passengers as well as goods are included in the term of commerce, immigration is regulated by Congress. During the greater part of our history we encouraged immigration, for in the development of our country we needed all the brain and muscle we could get. Had it not been for the millions of immigrants who have come to us from England, Ireland, Scotland, Germany, Norway, Sweden, France, Italy, a large part of our country would still be a wilderness. About 1880 Americans began to feel that immigration on a large scale was no longer desirable, and demanded that restraints be placed upon the admission of foreign- ers. First the Chinese were excluded. In 1882 Con- gress, in defiance of a treaty with China, prohibited Chinese laborers from coming into the United States, and but few of these people have entered since the exclusion law was passed. In the same year Congress ordered that the character of all immigrants be looked into and commanded that convicts, lunatics, idiots and other persons not able to take care of themselves should not be admitted into the United States, but should be sent back at the expense of the owners of the vessels upon which they came. By FOREIGN COMMERCE 335 a law of 1885 it is made unlawful for certain classes of laborers to enter the United States, if they have previously entered into a contract to perform labor here, and any person brought here under a contract to perform labor can be sent back at the expense of the vessel which brings him here. As a further hindrance to immigration the tax imposed on immigrants has been increased from fifty cents per head to four dollars per head. These restrictive laws have had the effect of checking immigration to some ex- tent, but they have by no means solved the immigration problem : they have by no means been successful in keeping out all undesirable foreigners and letting in only those whose presence is beneficial. QUESTIONS ON THE TEXT 1. How is power in respect to commerce divided? 2. What is the extent of the power which Congress has over foreign commerce? 3. What is meant by free trade? by protection? Give the leading argument for free trade; for protection. 4. Sketch the course of tariff legislation in the United States. 5. What may be learned from the history of our tariff? 6. What regulation has Congress made in respect to foreign ship- ping? 7. Give an account of our immigration policy. SUGGESTIVE QUESTIONS AND EXERCISES 1. Name the articles of commerce which can be easily produced in the United States. Name those articles which cannot be easily pro- duced. 2. Compare graphically the volume of the commerce of tlie United States with that of each of the leading countries of the world. (See "Eeview of World's Commerce" issued by the Bureau of Foreign Commerce; also "Statesman's Year Book.") 3. What class of business men suffer when the tariff is suddenly raised? when it is suddenly reduced? 4. What is meant by reciprocity? What are subsidies? bounties? 5. To what four countries do we sell the most? From what four countries do we buy the most? 6. What do you think should be the policy of the United States in reference to immigration? 336 THE AMERICAN GOVERNMENT 7. Wliat is the present policy of each of the political parties in ref- erence to the tariff? 8. In what way will the Panama Canal be likely to benefit the for- eign commerce of the United States? Topics for Special TForfc.— The Protective Tariff: 20, 491-503. Ee- striction on International Trade: 21, 387-410. Immigration: 27, 68- 111. The Underwood Tariff: 30, 441-446. XLIV DOMESTIC COMMERCE Interstate and Intrastate Commerce. Domestic commerce is that which is carried on within the United States, and consists of interstate commerce and intrastate commerce. It is not easy to draw clearly the line which separates interstate from intrastate commerce. Broadly speaking, when a commercial transaction begins in one State and ends in another, that transaction is a subject of interstate commerce, but when a commercial transaction begins and ends in the same State it is a subject of intrastate com- merce. When a merchant ships his goods to a point within a State he engages in intrastate commerce ; when he ships them to a point outside of the State he is engaged in interstate commerce. A railroad which has its termini and the whole length of its tracks within the State cannot be regarded as being engaged in interstate commerce, but a railroad which has its termini in different States must be so regarded. A river lying wholly within a State and having no connection with bodies of water extending beyond the boundaries of the State — a thing which rarely ever occurs — is an instrument of intrastate commerce, but a river wholly within a State connecting with navigable waters that extend beyond the boundaries of the State is regarded as an instrument of interstate commerce. Does a certain commercial act or a certain instrument of com- merce, a river, a canal, a railroad, concern one State or more than one ? If it concerns one State only it is an affair 338 THE AMERICAN GOVERNMENT of intrastate commerce; if it concerns more than one State it is an affair of interstate commerce. The Regulation of Interstate Commerce. During the pe- riod of the Confederation, commerce between the States was subjected to many inconveniences and burdens. Goods brought into one State from another were treated as if they were goods from a foreign country. When the New Jersey farmer carried his produce to New York he was met by the tax-collector and compelled to pay a tax upon what he had to sell. When a vessel from Baltimore sailed into the harbor of Boston its master was liable to be called upon to pay tonnage before unloading his cargo. We have seen (p. 46) that it was unsatisfactory trade relations be- tween Virginia and Maryland that led to the calling of the Annapolis Convention, and that this led to the calling of the Constitutional Convention of 1787. The men of the convention treated the whole subject of commerce with a firm hand. They gave to Congress complete power to regulate commerce between the States (47). They forbade a State to lay tonnage (76) or any export or import duty without the consent of Congress (74). Within its borders a State can regulate its commerce in its own way, but goods and passengers that are on their way from one State to another are placed under the regu- lation of the federal government. The power of Congress over interstate commerce is com- prehensive and far-reaching. It extends to the instruments of commerce, — to canals and vessels and railways and tele- graph lines, and to the persons engaged in it, as well as to the articles of commerce themselves. Under the provisions of the interstate commerce clause a State is not permitted to discriminate by taxation or otherwise against residents of other States, or against business carried on by them in the State. A State can interfere with interstate traffic only so far as it may be necessary to exercise its police power (p. 390). I DOMESTIC COMMERCE 339 The Interstate Commerce Commission. With the view of remedying evils that had been creeping into interstate com- merce, Congress in 1887 established the Interstate Com- merce Commission (p. 143) and clothed it with some sub- stantial powers in reference to the regulations of railroads. The law which created this commission requires that freight and passenger rates shall be just and reasonable, that there shall be no discrimination between persons and localities; it provides that there shall be proper facilities for the in- terchange of traffic between connecting lines; it forbids the issuance of free interstate passes; it requires that rail- roads print and make public their freight and passenger rates. A supplemental law (the Elkins law, passed in 1903) forbids rebates and provides that rates lower than those published shall not be charged. It is the duty of the Interstate Commerce Commission to carry these provisions into effect. In 1906 Congress gave the Commission, upon the com- plaint of an interstate shipper (or passenger), the power to do away with a rate which it regards as unjust or unreason- able, and to fix a new rate which it regards as just and reasonable. In 1910 Congress went a step further and em- powered the Commission to make investigations of its own motion, and when it finds certain rates unreasonable and unjust, to change them, even though there has been no com- plaint whatever. Moreover, by the law of 1910 new rate^ may be suspended in their operation by the order of the Commission, and if they are found by that body to be unjust and unreasonable they cannot go into operation at all. The railroads, however, may appeal to the federal courts. Intrastate Commerce. The power of the State over com- merce which concerns only the people within its borders is unlimited. It is the custom of all the States to permit great freedom in commercial transactions and to foster the growth of commerce. For the encouragement of commerce the State, or the locality acting for it, maintains high- 340 THE AMERICAN GOVERNMENT ways,^ improves rivers and harbors,^ constructs canals, and in rare instances builds and operates railroads. The great Erie Canal owned and operated by the State of New York is the most remarkable instance of State canal building, although many other States, notably Ohio, Indiana, Illi- nois and Michigan, have aided their commerce by construct- ing canals. The most important factor of commerce is transportation, and transportation for the most part begins upon a com- mon highway, upon a paved street or upon a country road. The construction of roads and streets and bridges is almost everywhere a function of the local government, the town- ship or county or municipality. In many States the high- ways are being taken out of the hands of local authorities, and are being placed under the control of the State govern- ment. This is the case in Maine, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Maryland, Delaware, Ohio and several other States in the Middle West. Roads in these States are constructed in part at least under the supervision of State road commis- sioners, and the cost is apportioned to the State, the county and the local district. Nest to the highways, steam railroads and electric-car lines are the most important instruments of State com- merce. Railroads ordinarily receive their charters from the State, although several transcontinental lines have been chartered by Congress. Sometimes the State not only charters the railroad, but also assists with money in its construction. As a rule, however, the States have kept out of the railroad business, and have allowed the railroads to be constructed by private enterprise. Nevertheless, rail- * The old Cumberland road extending from Cumberland, Maryland, to Wheeling, West Virginia, and thence through Columbus, Ohio to Van- dalia, Illinois, was built by the federal government (1806-1818), but its operation was left to the States through which it passed. * The improvement of rivers and harbors is a function of the federal government also, and Congress habitually appropriates large sums for this purpose. I DOMESTIC COMMERCE 341 roads demand a large share of attention upon the part of the State, and in nearly every State there is a State railroad commission or public utility commission which performs the duties of a railroad commission. These State railroad commissions perform for intrastate commerce serv- ices similar to those performed for interstate commerce by the Interstate Commerce Commission: they see that the railroads do not favor one locality or one individual at the expense of another, that they publish their rates, and that they conform generally to the constitution and the laws of the State. In several States the railroad commission regu- lates intrastate rates, determines where stations are to be located, and supervises the construction of crossings. The Transmission of Intelligence. Closely allied to the sub- ject of commerce is the transmission of intelligence. The transmission of intelligence by the telegraph (or telephone) is an affair of State control when the message is not sent outside of the State, but a telegraphic message sent from one State to another is an affair of interstate com- merce and comes under federal regulation. The universal instrument of transmitting intelligence is the post-office, the right hand of commerce, and one of the greatest forces of civilization. In colonial times there was a regular system of postal communication between the colonies, and the old Congress of the Confederation maintained a line of posts that extended from New Hamp- shire to Georgia. The Convention of 1787 placed the postal system under the control of the federal government (51), and in 1794 Congress established the Post-office Department as one of the great executive branches. In addition to the transmission of intelligence the post- office renders several other valuable services. It main- tains a registry system which reaches every post-office in the world and which insures the safe transit and delivery of letters and packages ; it conducts a money-order system by which money may be transmitted to all parts of the 342 THE AMERICAN GOVERNMENT world cheaply and with safety; it hastens the delivery of mail by means of a special delivery system; it maintains a parcels post, delivering packages to all places within the United States and to more than forty foreign countries ; and it manages a system of postal savings-banks. QUESTIONS ON THE TEXT 1. Distinguish between interstate and intrastate commerce. 2. What were the hindrances to interstate commerce during the period of the Confederation? 3. What were the powers of Congress in reference to interstate com- merce? 4. Give an account of the powers and duties of the Interstate Com- merce Commission. In what respect are the powers of this commission insufficient? 5. What are the powers of the State in respect to intrastate com- merce ? 6. To what government is the construction of roads usually assigned? In what States does the State government assist in the construction of roads? 7. How does the State usually treat the subject of railroads? 8. Give an account of the services of the post-office department. SUGGESTIVE QUESTIONS AND EXEECISES 1. What does the constitution of this State say about commerce? 2. What are the constitutional provisions in this State in reference to railroads? in reference to roads? 3. Prepare a five-minute paper on The Value of Good Eoads. 4. Does this community suffer on account of bad roads? If so, in what way does it suffer? 5. Prepare a five-minute paper on The Commerce of Your State, naming the principal articles of its commerce, describing its commer- cial centers, its highways, its railways and its waterways. 6. Name six great railway systems engaged in interstate commerce. 7. Do you think the federal government should assist in road build- ing? 8. How much money did the federal government spend last year on the improvements of rivers and harbors? What share of this money did this State receive? 9. What effect has the Erie Canal had on the commerce of the United States? 10. Examine the map of the United States and determine where ca- nals beneficial to commerce might be constructed. What would be the probable effect on commerce of a canal connecting the Mississippi DOMESTIC COI^OIERCE 343 Kiver and the southern waters of Lake Michigan? From what quarter ■would opposition to such a canal come? 11. Name the great inland centers of commerce in the United States. Describe how the commerce of each may have been influenced (1) by rivers, (2) by canals, (3) by roads, (4) by railroads. 12. Debate this question : The telegraph business should be conducted by the post-office department. Topics for Special WorJc. — Government Control of Eailroads: 21, 361-372. The Post-Oflfice Department: 16, 176-187. The Public Na- ture of Eailroads: 20, 534-543. Origin of the American Kailway: 26, 13-23. The Power of Congress to Control Interstate Commerce: 30, 483-485. The Court of Commerce and the Federal Incorporation Law: 30, 497-502. XLV ELECTIONS The Importance of Elections. The holding of elections is plainly a proper function of government, for it is through the election that the people express their will, and what- ever passes as an expression of the popular will should have upon it the stamp of government. In the democracy there is no task of government that requires a more faithful and honest performance than the holding of elections, for on election day popular government is on trial. In the polling- booth the people either justify their right to rule or declare democracy a failure. For this reason the election should be the purest of political institutions. Election officers should be men of the highest character, and election laws should be the embodiment of justice and fairness. Cor- rupt practices at elections should be punished with the greatest severity, for a fraud upon the ballot-box is treason to democracy, and should incur a penalty suitable to so great a crime. Elections Conducted by State Authority. We have learned that the right of suffrage and the qualifications of voters are determined by State authority (p. 103). The holding of elections is also almost entirely an affair of the State. The only instance of the power of the federal government to participate in the management of elections is seen in the right of Congi'ess to make regulations concerning the elections held for choosing representatives (24). Under this clause of the Constitution Congress could doubtless 344 ELECTIONS 345 provide for an almost complete control of the election of representatives, but it has refrained from using its power to the fullest extent. It has been content merely to appoint a day (p. 124) on which the elections of representatives shall be held, and to require the division of the State into dis- tricts, leaving all other matters to the State. This accords with the American principle of a decentralized government. Registration. The real work of preparation for election day is accomplished by the voluntary action of political parties. One step in the work of preparation, however, is taken under the direction of government. This is the registration of voters. All the States but two provide for a system of registra- tion,^ by which the qualifications of those who wish to vote are ascertained several weeks before election day. "When a person who has been duly registered presents himself at the polls as a voter, the election officials, with the registra- tion book before them, have little trouble in satisfying them- selves of his right to vote. There is no doubt that registra- tion is a great enemy of fraudulent voting. The Casting and Counting of the Ballots. In nearly every State the first Tuesday after the first Monday in November is general election day. On this day the voters repair to the polls to elect whatever officers are to be elected, and to vote upon any questions that may be referred to the people. For convenience the counties and cities are sub- divided into election districts or precincts, a precinct usu- ally containing several hundred voters. The election is conducted by the election officers of the district, judges * Eegistration is required in New York in villages and cities of 5,000 inhabitants and upward; in Iowa in cities of over 3,500; in Nebraska in cities of over 7,000; in Kentucky in cities and towns of over 3,000; in Ohio in cities of over 10,800; in Kansas in cities of first and second class; in Missouri in cities of over 100,000; in Wisconsin in villages of over 2,000; in Washington in all places where- the voters number 250 or more. In Arkansas and Texas registration is not required. 346 THE AMERICAN GOVERNMENT (moderators) and clerks, who are either elected by popu- lar vote, or are appointed by a duly constituted authority. The voting goes on during the hours of daylight, and in most of the States is conducted according to the Australian system. The voter enters a little booth and prepares his ballot while alone.^ He makes a cross mark opposite each of the names of the candidates for whom he wishes to vote, folds his ballot in such a way that no one can see how he has voted, and, emerging from the booth, hands the ballot to an election officer who, in the presence of the other officers, and in the presence of the voter, drops it into the ballot-box. Thus the voter, if he desires to do so, can cast his ballot in perfect secrecy. The counting of the votes begins in the evening imme- diately after the polls are closed. The results of the elec- tion in the several precincts are sent to certain county (or city) officers, who determine the results of the vote in the entire county and issue certificates of election to the successful candidates. When State officers, or congress- men, or circuit judges, or presidential electors are voted for, county authorities send the results of the vote in the several counties to State officers, who determine the gen- eral result and issue certificates to the successful candi- dates. The Advantages and Disadvantages of Secret Elections. The secret ballot, as we have it to-day, is an invention of recent years. Men of middle age remember when it was the universal custom to cast the ballot openly, and when election officers and bystanders could readily tell how a man voted. Under the open ballot system, bribery was simple and easy. The bribe-giver personally conducted the bribe-taker to the ballot-box and saw that he voted the way he was paid to vote. The open ballot also invited intimidation. Employers could inform their employees * In ten States voting machines have made their appearance and are used to a limited extent. ELECTIONS 347 as to how it was desirable that they should vote, and could keep watch at the polls, and if an employee voted contrary to the wishes of an employer he was liable to suffer for his independence. To check bribery and intimidation the Australian or secret system of voting has been adopted. It cannot be denied that the secret ballot makes intimi- dation and bribery more difficult than they were under the older plan, and due praise must be accorded to a system that decreases these evils. Nevertheless it must be acknowl- edged that secret voting is not an unmixed blessing. It tends to discourage a spirited, aggressive citizenship. A man who knows that if he will guard his tongue well his neighbor will not be able to tell for what candidate or for what party he intends to vote is tempted to conceal his political opinions in order to escape any disagreeable con- sequences that might attend an expression of them. In other words, secret voting tends to smother and deaden rather than to awaken and strengthen a public spirit in the individual. Again, the secret ballot may be used to work revenge or to express personal dislike or to vent personal spleen or to give effect to some other unworthy motive of a private nature. In the secrecy of the polling-booth private considerations will often induce a man to deal mean little blows that he would be ashamed to deal if the light of publicity were beating upon his actions. Bribery. The most persistent and dangerous enemy of honest elections is the bribe-giver. Bribery is as old as selfishness and ambition. Because the sons of Samuel took bribes (b. c. 1100) ancient Israel was hurried into monarchy. Pretorian guards of Kome, seduced by gold, raised a usur- per to the imperial throne (193 a, d.), and at once the glory of the greatest empire the world has seen began to grow less. In England bribery increased with the growth of representative government, and in Shakespere's time it was causing the hands of Englishmen "to shrink up like withered shrubs." Parliament enacted laws against bribery 348 THE AMERICAN GOVERNMENT at an early date, but the laws were outwitted. Homely verses written nearly two hundred years ago declare the truth, that mere legislation will not prevent bribery : The Laws against Bribery provision may make, Yet means will be foimd both to give and to take; While charms are in flattery, and power in gold, Men will be corrupt and Liberty sold. In America, as in England, bribery has been fought in all the ways known to law-makers. In some States penal- ties against bribery are stated in the constitution, in others stringent acts for the prevention of corrupt practices at elections have been enacted. In all the States bribery is punishable as a crime, and in a few States the bribe-giver is made equally criminal with the bribe-taker. A civil officer of the United States convicted of bribery is removed from office (104). Besides the opposition which government has directed against it, bribery is the object of much moral crusading. Anti-bribery societies exist for the purpose of prosecuting and convicting bribe-givers and bribe-takers; candidates offer themselves for election on anti-bribery platforms; the pulpit denounces bribery as bitterly as it was denounced by the prophets of old; the press exposes bribery and heaps scorn upon the guilty. The fact that bribery thrives here and there in spite of law and public sentiment should not discourage the op- ponents of the evil. Bribery, like some other kinds of crime, is an ever present foe, and the fight against it must go on and on. We must not make the mistake of thinking that legislation and denunciation and opposition are of no use, for they are of the greatest use. If it were not for anti-bribery laws and anti-bribery movements, if it were not for the ceaseless fight against bribery, the electorate would suffer an undermining by the hands of the bribe- giver that would doubtless lead to our downfall. We are ELECTIONS 349 not doing a vain thing when we fight bribery, but a very necessary and a very useful thing. The Usefulness of Frequent Elections. Under representa- tive government the election is the all-important institu- tion; all that is good and all that is bad in our political life flows through the ballot-box. To be present at the polls on election day, if possible, is the first duty of citizenship. We hear people complain of the frequency of elections. They tire of politics and grudge the time it takes to vote, and they wish officers were elected for longer terms so that election day would not come around so soon. Such people advance a most dangerous doctrine. If elections oc- curred only at long intervals, the people, absorbed in their private affairs, would gradually come to know and think and care less and less about their government, and they would grow more and more willing that responsibility for its management should pass out of their hands. This would be the straight road to despotism. Frequent elections, on the other hand, keep the minds of the people fixed upon their officials and upon the doings of government, and in this way citizenship is kept vigilant and strong. It is politically wholesome to vote at least once a year. A long interval between elections would mean the decay of repre- sentative government. QUESTIONS ON THE TEXT 1. Why is the holding of elections a highly important function of government? 2. Under what authority are elections held? To what extent does the federal government have authority over elections? 3. What are the purposes of registration? 4. Describe the method of casting and counting ballots. 5. What are the advantages and disadvantages of the secret ballot?" 6. What can you say of the persistence of bribery in the history of politics? 7. What forces operate to cheek the evil of bribery? 8. Why should the practice of holding elections at short intervals be continued? 350 THE AMERICAN GOVERNMENT SUGGESTIVE QUESTIONS AND EXEECISES 1. What does the constitution of this State say about elections? What does it say about bribery? 2. Should candidates for public office be compelled to give an ac- count of their election expenses? 3. How much better is the bribe-taker than the bribe-giver? 4. Bring into the class for examination a ballot used at a recent election. 5. Name something that you as an individual can do to assist in preventing bribery. 6. What are the regulations in this State in reference to registration? Does the constitution of the State say anything about registration? 7. Corrupt Practices Acts — Intimidation of Voters. In many States anti-bribery laws knovra as corrupt practices acts, have been passed. The nature of this kind of legislation may be learned from the follow- ing passages taken from the corrupt practice act of one of the States: ' ' Whoever gives or lends, or offers, or promises to give, lend, procure, or endeavor to procure, money or other valuable consideration, to or for an elector or other person, to induce such elector to register or refrain from registering for an election, or vote or refrain from vot- ing at an election for a particular person, question, or proposition; shall be fined not more than $500 or imprisoned in the penitentiary not more than three years, or both." In the same State, intimidation of voters is made a crime: "Who- ever uses or threatens to use, force, violence, or restraint ... or prac- tices intimidation upon a person in order to induce or compel such person to vote or refrain from voting for a particular candidate, or being an employer of laborers . . . threatens to withhold or reduce the wages of, or to dismiss from service, an employee, in order to induce or compel such employee to vote or refrain from voting for a particular candidate at an election, shall be fined not more than $2,000, or im- prisoned in the penitentiary not more than three years, or both." 8. The Short Ballot. Many reformers urge the adoption of the ' ' short ballot ' ' at elections. Where the ' ' short ballot ' ' prevails, only the most important offices are made elective and only very few offices are filled by election at one time. The purpose of the ' ' short ballot ' ' is to enable the voter to examine his ticket and make an intelligent choice of candidates. Topics for Special TForTi-.— Bribery : 25, 138-161. Voting on Election Day: 25, 80-119. The Short Ballot: 30, 384-391. A Corrupt Prac- tices Act: 30, 513-518. Primary Election Legislation: 30, 378-384. XLVI EDUCATION Education a Function of Government. The school as a social institution is ahnost as important as the family. In- deed, the school is simply an extension of the family. Parents, instead of educating their children themselves, place them under the care of teachers to whom they trans- fer during school hours the parental authority. In all en- lightened countries governments have found it wise either to supervise more or less closely or to control the educa- tion of youth. So generally is this true that we are justi- fied in calling education a function of government. No government, however, assumes complete control in matters of education; no just government denies to the parent the right to educate the child in the home, but it is a proper function of government to require that the child receive a certain minimum of instruction somewhere, either in the home or in the school. Education and Democracy. In a democracy the very life of the State is dependent upon the intelligence of the masses. Since an ignorant electorate is the most danger- ous of foes, school-houses in America are as important as a means of defense as are armies and navies. The truth that the safety of a nation is to be sought in the virtue and intelligence of its citizens has been recognized by statesmen at every stage of development of American in- stitutions, although practical measures for the general diffusion of knowledge have often been unduly postponed. 351 352 THE AMERICAN GOVERNMENT The growth of the public-school system in the United States has been coincident with the growth of democracy. During the colonial period, in several of the colonies en- couragement and aid were given to public schools, but the masses of children were not reached. It was not till the people began to come forward as the real masters of gov- ernment that provision was made for the education of all the children of a community. As democracy grew stronger public schools became more numerous, and at last it became the policy of every State to furnish free of charge an ele- mentary education to every child within its borders. The movement for the education of the masses has met with astonishing success. There are to-day in the public schools of this land more than twenty millions of children prepar- ing for the duties of citizenship under the guidance of more than half a million of teachers at an annual expense of more than three-fourths of a billion of dollars. Public Education Controlled by the State. Nothing is said in the Constitution about education. The States reserved to themselves the management of their schools. In the constitution of each State provision is made for a public- school system. This provision is usually made in the broad- est terms. The constitution of Massachusetts, which was adopted in 1780, and which is the oldest written constitu- tion in the world now in force, declares that "wisdom and knowledge as well as virtue, diffused generally among the body of the people, being necessary for the preservation of their rights and liberties, and as these depend upon the opportunities and advantages of education, ... it shall be the duty of the legislature and magistrates in all fu- ture periods of this commonwealth to cherish the interests of literature and the sciences and all the seminaries of them ; especially the University of Cambridge, public schools and grammar schools in the towns." Upon this broad constitutional foundation a magnificent and elaborate public-school system has been slowly reared. The more EDUCATION 353 recent constitutions are occasionally somewhat specific in reference to education, yet as a rule their lan^age is broad and general, like that of the constitution of Massachusetts. It is a settled policy to leave the details of education to the legislature. Education a Local Affair. As it has been the custom of constitutions to leave the details of educational policy to the legislature, so it has been the custom of the legislature to leave the details of school management to the local government. The legislature usually passes a general school law which provides for the election or appointment of certain school officers, and states in general terms the powers and duties of these officers. The State law may further specify the manner in which text-books shall be furnished to pupils, the branches which shall be taught, the limits of the tax which may be levied for school purposes, the ages between which children may attend school, and the qualifications of teachers. Further than this the legis- latures usually do not choose to go in their control of the schools; they are content to leave many things to be at- tended to by the local authority. In most of the States school management is a separate and distinct branch of public service. School officers are independent of other public officers, school elections are held on special days, school taxes are levied and collected distinct from other taxes. This is not always the case, but, speaking generally, school government is decentralized and local. Each community is permitted to manage its schools in pretty much its own way. The School District. The school systems of no two States are precisely alike, and even within the same State there are sometimes several plans of school government in opera- tion. Everywhere, however, there is a unit of school gov- ernment which we may conveniently designate as the school district. This district may be a small rural area, 354 THE AI\IERICAN GOVERNMENT within which there is but one school-house and one teacher ; it may be a township with several schools ; it may be a city with numerous schools. In each district there is a govern- ing body known by different names in different States, but most frequently called the school board. The local board usually has large powers of control. It appoints teachers, locates and erects school buildings, makes rules for the guidance of teachers and pupils, selects the text-books, and sometimes prescribes a course of study. In many States the officers of the district fix the rate of taxation which is levied for school purposes. In the ex- ercise of these important functions they are limited and restrained at certain points by State law, but very fre- quently these limitations and restraints do not bear heavily upon them. School Supervision. In the county there is usually a su- pervising school official known as the County Superinten- dent.^ The duties of this officer have been stated (p. 200). A large town or city frequently has its own superintendent of schools, and when this is the case the supervision of the county superintendent does not extend to the schools of the town or city. The State Superintendent, who is in a sense a supervising officer, and the State Board of Education, which has a few supervising powers, have re- ceived notice heretofore (p. 173). Under the regulations of a few States, school supervision means a control that is quite close and complete; often, however, the superintendent has only a shadow of author- ity. The superintendent of a single district, as of a city, frequently exercises real power, but a superintendent of a large area consisting of a number of districts, or embrac- ing perhaps an entire State, seldom can do more than sug- gest or advise. The spirit of local self-government, which is so strong when manifesting itself in school matters, makes it difficult for a superintendent from the outside to *In New York and Michigan the officer is called a commissioner. EDUCATION 355 manage affairs within the district. Indeed, it is only in a few States that the law gives substantial authority to any officer outside the district. The Support of the Public Schools. The local features of school government extend to the matter of taxation for their support. Nearly three fourths of the vast sum ex- pended upon public education in the United States is raised by local taxation. This means that the people of a com- munity vote to take from their own pockets money for the support of the schools of the community. This fact alone would explain the affection in which the public schools are held. The people feel that the schools are their own be- cause they contribute directly to their support. Public school revenues which are not raised by local taxa- tion are derived from various sources. One important source is the State school tax, so frequently levied.^ The opera- tion of this tax is as follows: The legislature levies a tax on all property of a certain class within the State, and when this has been collected it is distributed to the counties or districts throughout the State according to a certain rule, usually according to the number of children of a school age. Under the workings of the State school tax, money is collected from all parts of the State, each locality contributing according to its ability; the money is then diffused over the entire State, each locality receiving ac- cording to its needs. In this way the wealthier communities help the poorer ones. In most of the States an important school revenue con- sists of interest derived from the permanent State funds which have been acquired by the sale of public lands. In the original States the revenue derived in this way is not large, but in the admitted States the public lands have been the life-giving principle of the public-school ^ In several States the legislature appropriates a lujiip sum aud dis- tributes this to the several school districts. Pennsylvania distributes annually $7,500,000 in this way. 356 THE AMERICAN GOVERNMENT system. It will be remembered that one of the clauses of the Ordinance of 1787 declared that "schools and the means of education should be forever encouraged" (p. 65). In conformity with the spirit of the ordinance, whenever a new State was admitted, Congress, which had control of public funds, set aside section No. 16 in every township ^ as belonging to the public schools. Since 1848 whenever a new State has been admitted section No. 36 has also been dedicated to educational purposes. These lands have been given to the State legislatures for the use of the schools, and when they have been sold to private purchasers the proceeds have been invested. The interest accruing from the investments is distributed among the schools annually. Common Schools, High Schools, Universities and Normal Schools. The State first provides for a system of common sdiools, in which the fundamental branches may be taught. The curriculum of these schools includes reading, spelling, writing, arithmetic, grammar, geography and history. Above the common schools there is in every State a sys- tem of high schools, in which pupils may receive instruction in the natural sciences, in literature, history and civics, in the higher mathematics, and in the ancient and modern languages. To crown its educational system the State fre- quently maintains a university which its youth may attend without charges for tuition. To provide a supply of com- petent teachers for its common schools the State usually supports one or more normal schools. The Educational Activities of the Federal Government. Under its power to provide for an efficient army and navy ^A township in the West usually consists of a tract of land 6 miles square. Each square mile is a section. There are, there- fore, in a township, 36 sections. These are numbered as indicated in the accom- panying figure. 6 5 4 3 2 1 7 8 9 10 11 12 18 17 16 15 14 13 19 20 21 22 23 24 30 29 28 27 26 25 31 32 33 34 35 36 EDUCATION 357 the federal government supports and controls two great training-schools, the Military Academy at West Point and the Naval Academy at Annapolis.^ Each congressional district in the United States (also each Territory and the District of Columbia), is entitled to send one cadet to the Mili- tary Academy. In addition to these, each State is entitled to two cadets at large and the United States, forty cadets at large. The appointment of a cadet from a congressional district is made upon the recommenda- tion of the congressman from the district; cadets from the State at large are recommended by the senators of the State, and those from the United States at large are appointed by the President. At the Naval Academy there are two midshipmen for each Senator, Eepre- sentative and delegate in Congress, one for Porto Eico, two for the District of Columbia, and forty at large appointed by the President. Candidates for both these schools must be physically sound and of robust condition. Candidates for the Military Academy must not be under 17 nor over 21 years of age and must undergo an examination in the common branches, algebra through quadratic equations, physical geography, the outlines of general history and physiology and hygiene. The pay of a military cadet is $709.50 a year. Candidates for the Naval Academy must not be under 16 nor over 20 years of age and must undergo an examination similar to that set for applicants for entrance to the Military Academy. The pay of a midshipman is $600 a year. The course of the military cadet is four years; that of mid- shipmen four years. We have seen how great has been the liberality of the federal government in granting lands to the common schools. It has been equally generous in its encouragement of higher education in the new States. It is estimated that more than twenty million acres of the federal public lands have been devoted to the support of colleges of agriculture and the mechanic arts. Congress appropriates annually the sum of twenty-five thousand dollars to each State (or Territory) for the benefit of an agricultural college. The chief educational oflEicer of the federal government is the Com- missioner of Education, who has charge of the Bureau of Education, a subdivision of the Department of the Interior. Owing to the complete separation of the State and federal governments in respect to educa- * In addition to these schools the federal government supports and controls certain Indian schools. It also maintains a system of elemen- tary schools in our insular possessions. 358 THE AMERICAN GOVERNMENT tion, the duties of this national oflScer are confined to the collection of educational statistics and to the publication of these and other matters of interest to school people. This bureau has charge of public educa- tion in Alaska. QUESTIONS ON THE TEXT 1. To what extent is education a function of government? 2. What can be said of the importance of education in a democracy? Trace the growth of popular education in the United States. 3. Where is the authority for public education located? How do State constitutions usually treat the subject of education? 4. What is the attitude of the legislature toward the management of the schools? To what extent does the legislature control the schools? 5. What is meant by the school district? What are the powers of the officers of the district? 6. Name the several supervising officers of a school system. When does the superintendent really control in school affairs? 7. From what source is the greater part of school revenues derived? Explain the State school tax. Give an account of the revenues derived from the sale of public lands. 8. Describe each of the several grades of schools supported by the State. 9. Give an account of the educational activities of the federal gov- ernment. What are the duties of the United States Commissioner of Education? SUGGESTIVE QUESTIONS AND EXERCISES 1. Does the constitution of this State provide for free schools? Does it specify in reference to taxation for the support of schools? in reference to the length of the school term? in reference to the sub- jects to be taught? in reference to the age of children who may attend? 2. Are children in this State compelled by law to attend school? If so, state whether the law is effective or not. If there is no compulsory law state the reasons for and against the enactment of such a law. 3. Is a State school tax levied in this State? If so, how much reve- nue does it yield? How much per pupil is expended on education in this State? Compare this with the amount expended in adjoining States. 4. What is the governing body of this school district called? How is it chosen? What are the names of its members? Make out a list of its powers. 5. Bound this school district. How many pupils are within it? How much money is expended for education within this district? How much is this per pupil? Is this above or below the average in this State? Do the people of the district elect the school officers? Do they con- tribute the greater part of the taxes which go to the support of the schools? EDUCATION 359 6. What does the school do for you as an individual"? What does it do for society? What does it do for government? 7. Make out a list of the duties which pupils owe to a school; a list of the duties which the teacher owes to the school; a list of the duties which the school officers owe to the school. 8. (In some schools the faculty makes the rules, decides who has broken a rule and punishes the offender. Government in these schools resembles a despotism. In other schools tlie students organize as a com- monwealth, electing from their number (1) a council which makes the rules, (2) a court which decides when a pupil has violated a rule, and (3) a governor who executes the order of the court. In these schools government resembles a democracy.) Draw up a constitution for the government of a school by its students, providing for the three depart- ments, the election of officers and the distribution of powers. Should the terms of the student officers be for short or for long periods? What rules would be wise for the council to make in reference to tardiness? to whispering? to absence? to truancy? to cheating? to rudeness? 9. What advantages does a school derive from governing itself? 10. Does government in the school prepare for citizenship outside of the school? Topics for Special WorTc. — The Education for a Democracy : 4, 379- 393. State Supervision of Schools : 18,215-223. Civic Education: 17, 97-117. XLVII CORPORATIONS Introductory. We have already learned what a corpora- tion is and what are the characteristics of a corporation (p. 75). We have also learned that corporations are either public or private, and our study of municipalities was a study of the public or political corporation. We shall now study the private corporation. Corporations Created by State Authority. The charters under which corporations conduct business are nearly al- ways granted by State authority. The Constitution of the United States has no specific provisions in reference to corporations, yet Congress can and does grant charters to corporations organized for carrying on enterprises which come within the range of federal authority. For example, Congress under its power to regulate the currency has granted charters to national banks; under its power to regulate interstate commerce it has granted charters to transcontinental railway companies. As a rule, however, the creation and regulation of corporations are State func- tions. How important these functions are may be seen in the State constitutions, where the article on corporations sometimes requires as much space as is given to one of the three great departments. ' ' Formerly, ' ' says Justice Brewer, ' ' there were two factors, the individual and the State ; now there are three, the individual, the State and the corpora- tion." CORPORATIONS 361 The Corporation in Modern Life. The private corporation, although it is of ancient origin, was not an important factor in society until the middle of the last century. To-day it is one of the most important factors of civilization. Private corporations spin and weave the clothes we wear; they control the manufacture and sale of much of the food we eat ; they supply the furniture in our houses, the dishes on our table, the utensils in our kitchens, the books in our libraries, the tools in our shops, the implements on our farms; they lend us money and they invest our money for us; they insure our lives; they carry us from place to place on trolley-lines and railroads and steamboats. In whatever direction we turn in the financial or commercial or industrial world we meet the private corporations. The Evolution of Corporate Industry. The great private corporation of to-day is the outcome of changes which have been occurring in commerce and industry during the last two centuries. Before the eighteenth century commerce and industry were organized on the basis of individual effort. Cloth was woven in a shop in which there was but one loom, and the operator of the loom was its owner. The man who ground the grain was the owner of the mill. Shoes were made by the owner of the shop. Passengers were conveyed from town to town in a coach owned by its driver. And so it was in all the trades and occupations : they were all organized and conducted on the basis of in- dividual enterprise. About the middle of the eighteenth century a great change began to come over the face of industry. In 1733 John Kay invented the fiying shuttle and thereby doubled the efficiency of the loom. A few years later water-power was applied to the loom. One man could now operate two looms, and could weave four times as much cloth as could be woven before. In 1769 Arkwright brought out his won- derful spinning-machine, and in the same year Watt patented his condensing steam-engine. These inventions 362 THE AMERICAN GOVERNMENT reorganized the textile industry. Instead of the little shop with its single loom and weaver, there appeared the great factory with its hundreds of looms and scores of operators. As it was with weaving, so it was with other industries: inventions and improved machinery caused nearly all of them to be conducted on a new plan. I. The Partnership. How was this reorganization ac- complished? How were the humble shops of the seven- teenth century transformed into the huge factories of the eighteenth century? By a combination of the wealth and services of individuals. The single craftsman did not have enough money to build a factory and equip it with ma- chinery, so several persons combined their capital and formed a partnership. The partnership as a legal form of business association is almost as old as recorded history, yet it had never before been brought into such frequent use as during the industrial revolution of the eighteenth century. The two important legal characteristics of a part- nership are: (1) the partners are individually liable for the debts of the partnership; (2) the death of one of the partners brings the partnership to an end. A partner is liable, therefore, to lose his entire fortune in paying the debts of the partnership, and the partnership is liable to be brought to an end at any moment. II. Tlie Corporation. The colossal enterprises which were inspired by the appearance of the steamboat and the locomotive and the telegraph in the first half of the nine- teenth century could not be satisfactorily conducted under the partnership form of association. Here was a rail- road to be built at a cost of five million dollars. The peo- ple of the region through which the road was to pass fa- vored the enterprise and were ready to invest their funds in it, but men with money were loath to enter into a partner- ship for building the road because they feared they might be ruined by the debts of the partnership, and besides they could not tell when the enterprise would be brought to an end by the death of a partner. To meet these objec- CORPORATIONS 363 tions of investors the corporation was brought into use. The corporation does not die with the death of a member (p. 75), but lives on for the period given to it by law, if that is for a thousand years. This immortality of the corporation gives time for the accomplishment of great things. Another advantage of the corporation over the partnership is that the shareholders in a corporation are not individually liable for the entire debt of the company. Furthermore, the shares in a corporation can be easily transferred and sold when the holder wishes to dispose of them. Through the agency of the corporation the build- ing of the coveted railroad was made possible. To raise the money fifty thousand shares of one hundred dollars each were offered to the farmers and merchants and me- chanics and capitalists of the communities to be benefited by the road, and shares were taken according to each one's aijility and willingness to invest, some taking a single share, others ten shares, others a hundred shares. In this way thousands of people assisted in the building of the road and in the development of the country, and thousands shared in the profits. As it was with the railroad, so it was with many other undertakings: about the middle of the nineteenth century the corporation began to be brought into general use in the organization of industry and com- merce. Ill, Corporate ComMnations. Before the end of the nineteenth century a new form of organization began to ap- pear in the industrial world. About 1880 the great corpora- tions began to devise methods of protecting themselves against the ravages of competition. While competition gives life to trade it at the same time plays havoc with profits. Especially is this true ia these times, when a salesman with the aid of the telephone and telegraph can do as much higgling and bargaining in an hour as could be done a hundred years ago in a month, and when new inventions and processes are constantly reducing the cost of produc- tion. 364 THE AMERICAN GOVERNMENT (a) The Pool. The first attempts of corporations to stifle competition were made when they began to pool their interests. Several corporations engaged in the same busi- ness would place the marketing of their products under a central management and would agree upon a uniform scale of prices, and upon the amount of goods that each separate corporation was to produce and sell. Under this arrange- ment there was no higgling of the market; the buyer was held strictly to the prices fixed by the pool. The intention of the pool was plainly to kill competition and establish a virtual monopoly.^ Now monopoly is not only contrary to the constitutions of most of the States, but it is also contrary to the instincts of the American people. So the pool was declared illegal, and combinations of this kind were dissolved. (b) The Trust- Agreement. The corporations next re- sorted to the trust-agreement. The combining companies deposited their stocks with a central board of trustees and received in exchange trust certificates. The trustees man- aged the business of the uniting companies, fixing prices and controlling the output of each constituent corporation. For certain kinds of transactions the trust-agreement is historic and strictly legal, but as an industrial combination it was only the pool in disguise. It was monopoly, and was so declared by the courts. Moreover, the Sherman Anti-trust Act of 1890 declared against all combinations which are in restraint of trade. Under this act trust- agreements affecting interstate commerce were rapidly driven from the industrial world. (c) Trusts. The trust-agreement disappeared, but it handed on its name to the next and last form of corporate combination — the trust. After the courts dissolved the trust-agreement, the corporations still continued their ef- forts to avoid competition by means of combination. A ^A monopoly is an exclusive privilege to deal in or control the sale of certain things. Congress grants a monopoly to authors and inven- tors (52). CORPOEATIONS 365 corporation could not combine outright with another cor- poration within the same State, for nearly all the States forbid such a combination. Corporations in different States could not combine without the consent of each of the States in which it was desired to effect the combination, and this consent could not be obtained. How then could the corporations combine? A law of New Jersey passed in 1889 provided a way. This law permitted the formation in New Jersey of corporations which should have the power of purchasing the stock and property of any other cor- poration engaged in any kind of business in any State (ex- cepting New Jersey) or in any country. Here was the op- portunity the corporations were seeking. A corporation, by organizing in New Jersey and securing the stocks of the corporations which it wished to bring into a combina- tion, could become the owner of those corporations, and could then, of course, control both the prices of their goods and the amount of goods produced. And this was what was done. Corporations which wished to combine merged and blended their interests into one giant holding corpora- tion, a corporation of corporations, a trust, so called. Other States^ followed New Jersey in granting liberal charters to corporations, and under the new laws the com- bination of corporations has proceeded on a scale startling in its proportions. During the last twenty years more than one third of the total production of all industries, exclud- ing that of agriculture, has been brought under the con- trol of trusts. There is one trust that controls seventy-five per cent, of the steel industry ; another that sells ninety per cent, of the sugar output ; another that controls ninety per cent, of the tin business; another that refines seventy- five per cent, of the oil; another that makes seventy-five per cent, of the paper. And the consolidation continues. The Trust Problem. The chief advantage of combination lies in the direction of economy in production. Under the ^Notably Maine, New York, Delaware and West Virginia. 366 THE AMERICAN GOVERNMENT trust system only the best-equipped establishments are kept running; plants are located with the view of reducing freight expenses ; only the most desirable patents and brands are made use of; the division of labor is carried to the most effective point ; there is great saving in office expenses. That the trust reduces the cost of production to the lowest possible figure cannot be denied. Neither can it be denied that there are many evils con- nected with trusts. The trust reduces the number of em- ployees, especially the number of travelling salesmen; it drives small competitors out of business by selling at a tem- porary loss; it gains exclusive control of certain commodi- ties and then, in some instances, raises the price to a profit in excess of that possible under competition. Then the trusts often over-capitalize : they authorize stock far in excess of the cash value of their property. One trust over-capital- ized — ' ' watered ' ' its stock — to the amount of nearly a billion dollars, and then asked the public to buy. The thousands of investors who purchased the stock at fifty dollars a share, and afterwards saw its value fall to ten dollars a share, appreciate the danger of over-capitalization. Over- capitalization works injury in another direction: the at- tempt of the trust to continue in hard times the dividend upon a large bulk of ' ' watered ' ' stock places an unnecessary burden upon consumers and laborers; upon consumers in the form of higher prices, upon the laborer in the form of lower wages. The report of the Industrial Commission (1901) in its volume on Trusts catalogues the various remedies for trust evils as follows: (1) The let alone policy; (2) the suppres- sion of monopolies; (3) the prohibition of destructive com- petition; and (4) publicity. (1) Those advocating the "let alone policy" contend that competition will suffice to keep trusts within bounds, and that government should keep hands off, because self- interest in the long run will do less harm than legislative interference. CORPORATIONS 367 (2) Those advocating the suppression of monopolies would suppress directly by national and State legislation all combinations seeking to restrain trade or control prices. (3) Some would deny to combinations the right to sell below cost for the purpose of driving competitors out of a local market, and then to restore prices to a point where they could readily recoup themselves for any loss incurred. (4) All the doings of trusts, it is held, ought to be ex- posed to the public gaze. This, it is contended, would pre- vent any unfair raising of prices, because of competition that would be thus invited, and would sufficiently publish the affairs of the concern to enable investors to escape the snares of unscrupulous organizers. In 1914 Congress declared unfair methods in competition to be unlawful, and established the Federal Trade Commis- sion (p. 143), giving it power to decide when a person or cor- poration was using unfair methods. In the same year Con- gress passed an Anti-Monopoly Act, the purpose of which is to supplement and strengthen the Sherman Anti-Trust Act. Both the State and the federal government may assist in applying the remedies for trust evils. The State possesses the power to incorporate and can therefore determine pre- cisely the privileges a corporation is to enjoy within the State; the federal government under its power to regulate interstate commerce can regulate the privileges of corpora- tions trading between the States. If all the States and the federal government would work together the trust problem might not be so difficult of solution. But the States do not work together; the corporation laws of one State set at naught the laws of another State. Thirty-two States have attempted by legislation to control trusts, but their efforts have been thwarted by the action of sister States. Within the region of its authority the federal government has been active and to a certain degree successful in combating trust evils. Under the anti-trust law passed by Congress in 1890 corporations consisting of a combination of corporations have been compelled to 368 THE AMERICAN GOVERNMENT dissolve, on the ground that they were formed in restraint of trade between the States. This victory of the law over giant corporations is full of hope. It shows that the law is still supreme. We need not fear the trusts as long as we know they can be com- pelled to obey law. Keep government strong enough to apply remedies, and remedies in good time will doubtless be found. QUESTIONS ON THE TEXT 1. From what source do corporations receive their power? 2. Give an account of the part played by the corporation in mod- ern society. 3. How was industry organized before the eighteenth century? What causes led to a change in this organization? 4. What is a partnership? What advantage had the corporation over the partnership ? 5. What caused corporations to combine? 6. What was the pool? the trust-agreement? 7. How was the so-called trust made possible? To what extent is industry controlled by trusts? 8. What are the advantages and disadvantages of trusts? 9. What remedies have been proposed for the evils connected with trusts? 10. To what extent have trust evils been checked by government? SUGGESTIVE QUESTIONS AND EXERCISES 1. Give illustrations of partnerships existing in this community; of corporations; of trusts. 2. A local tinner charges 25 cents for a pan which you can buy from a trust for 23 cents: would you buy your pan from the local tinner or from the trust? 3. What does the constitution of this State say about corporations? about trusts? 4. If it were shown that the trusts benefit society in material things but dwarf individuality, what would be your attitude toward trusts? Does society exist for your benefit, or do you exist for the benefit of society ? 5. Name five of the largest industrial organizations in the United States. What effect have these combinations had upon the prices of the articles they produce? 6. Has this State passed an anti-trust law? If so, has this law accomplished its purpose? Topics for Special Work. — Growth of Large Industries: 20, 312- 322. Corporations: 21, 155-159. Federal Control of Trusts: 30, 492- 497. XLVIII LABOR The Growth of Labor Organizations. Workingmen's as- sociations or trade unions, such as we have to-day, had no existence before the latter part of the eighteenth cen- tury. In the days when industry was in its simple form of organization, when almost every workman was a proprie- tor, there were few who could be classed as employees. A German scholar ^ informs us that in 1784 in the duchy of Magdeburg there were 27,050 independent masters and only 4,285 assistants and apprentices, and that about the same time in the principality of "Wiirzburg there were 13,762 masters with 2,176 assistants and apprentices. That is to say, in more than five sixths of the industrial estab- lishments of these two places the master carried on his work single-handed. As it was in Germany, so it was in England and America before the industrial revolution (p. 361) : the number of employees were extremely small. When it is remembered that apprentices and assistants usually lived in the home of the master and were treated as members of the family, it becomes still more evident that under the old order of things there was no distinct line of cleavage between employers as a class and employees as a class. The factory system brought about a complete change in the industrial condition of the workman. A craftsman was now the owner neither of the tools with which he worked nor of the articles which his craft, fashioned ; he ^Karl Biicher, "Industrial Evolution," p. 188. 369 370 THE AMERICAN GOVERNMENT was a hired man, an employee whose chief industrial in- terest was his wage. It was to be expected that employees would unite to advance their interests, and it was not long before workmen began to meet for the discussion of such subjects as wages and hours of labor. At first government handled these meetings with a severe hand. In 1799 the English Parliament passed a law making it a criminal of- fense to attend a meeting the purpose of which was to secure an advance in wages or to shorten the hours of labor. In 1817 under this act ten calico-printers in the town of Bolton were imprisoned for three months for simply intending to attend a meeting at which the subject of wages was to be discussed. Such injustices, however, was incon- sistent with the spirit of democracy which was at that time beginning to guide the conduct of statesmen, and in 1824 the harsh law of 1799 was repealed, and workingmen were henceforth permitted to combine for the promotion of their interests. Workingmen now began to combine, not only for the pur- pose of putting up wages and shortening the working day, but for the advancement of all their interests. Those en-, gaged in the same trade, or allied trades, united in a per- manent association, called a trade union, the abiding pur- pose of which was to promote in every lawful way the gen- eral welfare of the associated members. Trade unions in England at first did not have smooth sailing, for rulers were at heart against them; but they steadily prospered, and in 1871 were formally recognized by an act of Parliament as legal organizations. This recognition caused them to flour- ish as never before, and to-day England is the strongest center of trade unionism in the world. The trade-union movement in America began about the same time that it began in England, but it did not meet the same fierce opposition. Its progress, however, was not altogether peaceful and undisputed. For many years the courts were inclined to regard the movement with distrust, and in more than one decision a combination that aimed LABOR 371 to raise wages was pronounced to be an unlawful con- spiracy. But trade unions were only one of the outgrowths of democracy and were bound to wax strong with the growing strength of the people. In 1870 New York, by statute, legalized the trade union, and in recent years the right of workingmen to combine has not been seriously questioned anywhere in the United States. In America, law and public opinion have been almost uniformly on the side of the trade union, and it has prospered here as in no other country, England alone excepted. IMore than two million workingmen in the United States are enrolled in trade unions, one union alone having the enormous member- ship of three hundred thousand. Government and the Workingman. The aims of labor or- ganizations are usually clear and well defined. They strive for the social and intellectual as well as for the economic betterment of the working classes. They want the working- man to receive a wage that will enable him to buy a fair share of the good things of life, and they want the working day to be of a length that will give leisure for the enjoy- ment of the benefits of education, culture and refinement. They advocate the abolition of child labor, because they want the children to attend school. They demand that work in factories and mines be done under sanitary con- ditions, because they regard the health of workingmen as a matter of supreme importance. In brief, they favor all movements that tend to elevate labor and resist all move- ments that tend to degrade it. For the accomplishment of many of their purposes labor organizations have invoked the assistance of government. The Constitution is silent on the subject of labor. The relations of employer and employed are to be regulated by the State, and labor problems must be solved by the State. The federal government fixes the wages of its em- ployees, prescribes the length of their working day (eight hours), investigates the conditions of the laboring classes, 372 THE AMERICAN GOVERNMENT and collects labor statistics. Further than this it cannot go.^ When the President of the United States a few years ago intervened to bring about a settlement of a strike, he acted as a private citizen, not as an official vested with the authority of the federal government. The earlier State constitutions contain nothing about labor, because when they were framed there were no labor organizations and no labor problems. In recent years the constitutions are inserting clauses pertaining to labor. The constitution of Wyoming declares: "The rights of labor shall have just protection through law calculated to secure to the laborer proper rewards for his service and to pro- mote the industrial welfare of the State." The constitu- tions of California and Idaho forbid the employment of Chinese laborers upon State or municipal public works. The constitution of North Dakota declares that every citi- zen of the State shall be free to obtain employment where- ever possible, and forbids the exchange of blacklists ^ be- tween corporations. In Louisiana the constitution forbids the passage of any law fixing the wages of manual labor. Numerous other illustrations might be given to show that the States are beginning to introduce the subject of labor into their constitutions. It is in the field of State legislation that we may best learn how deeply government is concerned in the affairs of the workingman. In more than two thirds of the States the employment of children under fourteen years of age is forbidden by law; in more than half of the States women may not work in factories more than ten hours a day; in thirty-one States women working in shops must be pro- vided with seats; in nearly half the States the working day of State and municipal employees is limited to eight hours; in twenty-four States there is official inspection of factories and mines ; in three fourths of the States there are ^ Of course Congress can regulate labor matters in the Territories and in the District of Columbia. ^ Lists of persons objectionable to employers. LABOR 373 bureaus of labor for collecting and giving out information on labor topics; in nearly half the States there are work- men 's compensation laws ; in a few States there are minimum wage laws. In Utah the law prohibits grown men from working more than eight hours a day in mines. It was thought that this law was unconstitutional, because it vir- tually denies to adults freedom of contract, but the Supreme Court of the United States declared that it was constitutional on the ground that working in mines is a matter that comes under the police power (p. 392) of the State. The recognition of labor organizations by government is becoming quite general. Most of the States provide for the incorporation of trade unions, and a federal law per- mits national trade unions to be incorporated, provided they have two or more branches in every State, and maintain headquarters in the District of Columbia. Besides giving them power to incorporate, several States have lately at- tempted to protect trade unions by making it a misdemeanor for an employer to discharge an employee for belonging to a labor organization. It is doubtful, however, whether statutes which interfere in this harsh manner with the freedom of contract will receive the full support of public opinion. Two States have enacted laws that certain public work shall be performed only by labor unions — as full a recognition of labor organizations as it is possible, perhaps, for government to give. The Settlement of Labor Disputes. The chief function of the labor unions is to enable workingmen to avail them- selves of the strength of organization when they are bar- gaining with their employers for wages and hours of labor. When a single workman in an establishment employing hundreds asks for higher wages he is not likely to receive as much consideration as would be shown to a similar re- quest coming from all the workmen united in a compact body. Under the trade-union system, instead of individual bargaining between employer and employee, there is col- 374 THE AMERICAN GOVERNMENT leetive bargaining: representatives of the labor organiza- tion meet the employer and there is higgling as to the price that shall be paid for labor, and when a bargain is struck it binds all parties, including every member of the organization. In some instances this collective bargain- ing is conducted on a vast scale, affecting not only a single establishment but whole industries/ As long as collective bargaining is possible there is in- dustrial peace, but when it fails, when employer and or- ganized employees fail to come to an agreement, there is industrial war. In this warfare the chief weapons of the employer are the lockout ^ and the blacklist, and the wea- pons of the employees are the strike and the boycott. So- ciety is feeling the effects of industrial war more and more keenly. In the morning paper which lies on my desk I read that the leader of a powerful labor union threatens to inflict a meat famine upon the people of the United States if the demands of his union are not acceded to. We may not have a famine as the result of this proclamation, but all parts of the country will doubtless be inconvenienced if a strike is declared. So vast have been the losses occasioned by strikes,^ and so seriously have they disturbed business, that government has been moved to provide means for their settlement. About half the States have established hoards of arbitration, be- fore which the disputes of employers and employees may be settled. These arbitration boards can inquire into the causes of a strike and render a judgment as to the merits of a dispute, but in no State can such a judgment be enforced ; in no State is there compulsory arbitration. Boards of arbitration, therefore, must depend upon the power of public opinion to give their decisions weight. Arbi- tration in several States has met with a measure of sue- ^See Gilman's "Method of Industrial Peace," pp. 93-114. *' ' A refusal on the part of the employer to furnish work to his em- ployees in a body." ^ Estimated at $500,000,000 for the last twenty years. LABOR 375 cess, but in most of the States in which it has been tried it has not amounted to much. The Labor Problem. How shall government in its efforts to maintain industrial peace so deal with the labor organ- izations as to protect them in their rights, and at the same time not infringe upon the rights of the individual work- man? This is the labor problem stated in its broadest terms. It is the trust problem over again. The giant labor unions and the giant corporations have been produced by the same industrial forces, have the same aim — the avoid- ance of the evils of competition — and offer to government the same kind of problem to solve. We cannot attempt here even to indicate precise methods by which the great labor problem can be solved, but there are two facts that ought to be kept in mind by all. First, the law must be kept supreme. There must not arise within the State a power that is greater than the government. It is as important that government be able to bring the largest labor union to terms as it is that it be able to bring the largest corporation to terms. Second, the liberty of the individual must be maintained. Government ought not to insist on driving workingmen into unions against their will. On the contrary, it ought to let workingmen understand that they will be protected to the fullest in their right to remain out of the union, when they choose to assert that right. There is no freedom if any organization outside of government itself can go to the individual and enforce its rules upon him: government, and government only, can coerce an American citizen. QUESTIONS ON THE TEXT 1. Give an account of the growth of labor organizations in England ; in America. 2. For what purposes do workingmen combine? 3. In what relation does the federal government 'stand to labor or- ganizations? 376 THE AMERICAN GOVERNMENT 4. To what extent is the subject of labor introduced into State con- stitutions ? 5. Give an account of the legislation of the several States in refer- ence to labor matters. ' 6. What is collective bargaining? 7. What is industrial war? How does war of this kind affect the social welfare? 8. In what way have the States attempted to settle labor disputes? 9. In what respect does the labor problem resemble the trust prob- lem? In the solution of the labor problem what two principles should guide ? SUGGESTIVE QUESTIONS AND EXERCISES 1. Does the constitution of this State say anything about labor or labor organizations? about strikes or lockouts? about boycotts or black- lists? 2. At what age may children be employed in the factories in this State? What is the length of a day's labor for one employed upon public work in this State? 3. Is there a bureau of labor statistics in this State? If so, secure a copy of the last report of its chief officer and find answers to the fol- lowing questions: What strikes have occurred in this State during the past year? What per cent, of these were successful? Were any of the strikes settled by arbitration? What is the average daily wages of workmen in this State? Is this average increasing or decreasing? What does the commissioner of the bureau recommend in the way of legislation bearing upon labor problems? 4. Is there a board of arbitration in this State? If so, secure a copy of its report and ascertain what it is doing in the way of settling labor disputes. 5. In about one-third of the States it is against the law for an em- ployer to exact, as a condition of employment, an agreement from_ an employee not to become a member of a labor organization. Is it against the law in this State for an employer to exact such an agreement? 6. Show how a strike sometimes affects a great many more people than the strikers and their employers. Show how a great strike affects the business of the entire world. 7. Prepare a paper on Compulsory Workingmen's Insurance. See fourth special report of the United States Commissioner of Labor. This is a very important topic. 8. If you were an employer of labor, do you believe you would be willing to sacrifice a little money for the sake of the happiness and comfort of your employees? Is it likely that the labor problem will ever be satisfactorily solved as long as both capitalists and laborers ignore 'moral considerations in their dealings with each other? Topics for Special Worh. — The Labor Unions: 4, 349-367. Trade Unions: 20, 245-256. Labor Organizations: 21, 476-485. XLIX CRIME The Definition of Crime. In the simplest and rudest stages of society wrong-doing was regarded as a private matter, and the wrong-doer was punished by private hands. The murderer was delivered over to the vengeance of the family of which the slain was a member; the thief was punished by the person from whom the goods were stolen. As society grew more highly organized, and as the power of the state increased, private vengeance was gradually disallowed, and the definition and the punishment of crime became strictly a function of government. The first task of government in respect to crime is to define crime, to declare what actions are criminal. A crime is an act injurious to society and punishable by law, but before an act can be regarded as a crime it must be stamped as such by government. An act may be vicious or sinful, and yet if it is not named by law as a punishable offense it is not a crime. As society becomes more complex the offenses designated by law as crimes become more numerous.^ The telegraph ^ The following table shows the nature of the offenses for which crim- inals in the United States are convicted and gives the percentage which each class of crime bears to the whole number committed : Crimes against government, as treason, counterfeiting, anarchy 2.2 % Crimes against society, as disturbance of the peace, drunken- ness 22 % Crimes against the person, as murder, assault, mayhem 21.9 % Crimes against property, as burglary, arson, theft 45.8 % Miscellaneous crimes 8.1 % Total 100.00 % 377 378 THE AMERICAN GOVERNMENT has brought the crime of tapping wires and stealing elec- tricity ; railroads have brought the crime of train wrecking ; corporate combinations have caused penalties to be pro- nounced against an undue restraint of trade; the factory has called forth penalties against the criminal neglect of the safety of workingmen. "All changes in social organi- zation, in custom, in political control, import changes in the criminal law." Society is constantly defending itself against new dangers, and whenever an act of omission or commission is seen to be clearly hurtful to the public it is designated by law as a crime. The Punishment of Crime. AVhen the law defines an act as a crime it usually at the same time provides a punish- ment. In the olden times punishment followed the law of retaliation : a life for a life, an eye for an eye, a tooth for a tooth. For the crime of murder this rule still pre- vails in most countries, although in several States capital punishment has been abandoned. By modern usage punish- ments for crime are assigned without any purpose of re- taliation. The criminal is punished for the benefit of so- ciety, and not for the sake of private or public vengeance. What the punishment for a crime shall be is a question of expediency for the law to determine. In ordaining a punishment, however, it is the rule to make its severity correspond in some degree to the heinousness of the ofi'ense committed. When the form of punishment is not death it is usually either a fine in money or imprisonment for a definite period of time. Excessive fines or cruel or unusual punishments cannot be inflicted by the federal government (142), but the State can provide such punishments as it deems proper, even if these seem to be cruel or unusual. Crime and the State Government. In the United States the duty of defining crimes and affixing penalties and of pun- ishing offenders belongs almost entirely to the State gov- ernment. The constitution of the State generally allows CRIME 379 the legislatures to deal with crime in their own way. In those States which have adopted the rules of the common law certain deeds are punishable as crimes without special legislative action. These are the common law crimes, and include treason, murder, manslaughter, arson, larceny, burglary, kidnapping, assault, perjury, embezzlement. A few States have not adopted the rules of the common law in reference to crime, and in these before an act can be punished as criminal it must first be designated as such by a statute. Several years ago in a western State which does not recognize the rules of common law in reference to crime a boy was kidnapped, and when the subject of the punishment of the kidnapper arose it was found that the laws of the State in which the act was committed said nothing about kidnapping. The perpetrator of the deed was not discovered, but it was generally acknowledged that even if he had been captured it would not have been possible to punish him. The federal government could not have touched the case, and the State government had not yet made the offense a crime. Since each State deals with crime in its own way, crim- inals fare differently in different States. "The criminal code in one State in 1879 provided for the punishment of one hundred and fifty offenses as crimes, only one hundred and eight of which were recognized as crimes by the code of another State. . . . The penalty for perjury in one State is a fine limited between a minimum of five hundred dol- lars and a maximum of two thousand dollars; in others five years' imprisonment; in still others imprisonment for life; and in one death, if the crime causes the execution of an innocent person. . . . The penalty for arson varies from imprisonment for from one to ten years to death." ^ In one State murder may be punishable by death and horse stealing by imprisonment for life ; in an adjoining State horse stealing may be punishable by death, and murder by imprisonment for life. ^H. M. Boies, "The Science of Penology," p. 83. 380 THE AMERICAN GOVERNMENT While this diversity in the laws of the different States in respect to crime may seem regrettable, we must not jump to the conclusion that the definition and punishment of crime should be given to the federal government. In deal- ing with crime, government is fighting with one of the foes of society, and the principle of local self-government, and the principle that a law to be effective must harmonize with the morality and sentiment of the community in which it is to be executed, both sustain the policy of letting each State fight its foes in its own way. Crime and the Federal Government. While the State gov- ernment is the chief agent for suppressing crime, the fede^-al government has a part in the work. Congress as well as the State legislature is constantly designating new crimes. Under the authority of the Constitution Congress may de- fine and punish crimes in the District of Columbia, in the Territories and in other places wholly within the jurisdic- tion of the federal government; it provides punishment for offenses relating to the post-office, to interstate com- merce, to the currency, to federal elections, and to all other matters which come within the scope of the federal jurisdic- tion. Congress also defines and punishes piracies com- mitted on the high seas and offenses against the laws of nations (54). There are no common law crimes against the United States : only acts designated as crimes by Congress are pun- ishable in federal courts. A person charged with violating a federal statute must be tried in the State in which the act was committed (139) and is entitled to a speedy trial by a jury consisting of citizens of the State. Punishment for counterfeiting the securities and current coins of the United States is fixed by Congress (50). By "securities" is meant the government's bonds, its stamps and other representatives of value. For counterfeiting gold and silver coin the punishment is a fine of not more than five thousand dollars, or imprisonment at hard labor CRIME 381 for not more than ten years. For counterfeiting paper currency the punishment is still more severe. The highest crime known to the law is treason, which may be broadly defined as an attack upon government itself. Under this broad definition in England and in other countries much injustice has been wrought. ]\Ien who have committed no crime other than to earn the displeasure of rulers have been charged with treason and put to death. To guard against evils of this sort the framers of the Constitution took the precaution of precisely defining what acts should be regarded as treasonable. To commit treason against the United States one must wage war against them (112) or give aid or comfort to their enemies.^ If there be an actual assemblage of men whose purpose is to proceed with force against the authority or property of the United States each member of such an assemblage may be adjudged a traitor. If a citizen — and no one but a citizen can be a traitor — sells a public enemy provisions or arms, he gives that enemy aid and comfort and is guilty of treason. As an additional safeguard against the abuse of power the Constitution provides that at least two witnesses must testify to the treasonable act of which the accused is charged (113). The punishment of treason against the United States (114) is death, or, at the discre- tion of the court, five years of hard labor and a fine of not less than ten thousand dollars. A civil officer of the United States found guilty of treason by the process of impeach- ment is deprived of his office. The Prevention of Crime and the Treatment of Criminals. Crime in the United States costs the government about two hundred million dollars annually — an amount almost as large as that expended for education, and quite as large as that expended upon the army and navy. The financial ^ Treason against a State is defined in the State constitutions, and the definition is usually identical with that given in the Constitution of the United States. 382 THE AMERICAN GOVERNMENT loss which criminals inflict upon society is estimated to be four hundred million dollars. The total cost of crime is, therefore, six hundred million dollars annually, and the burden is not growing lighter. The criminal class consists of more than one per cent, of the population, and it cannot be shown that this proportion is decreasing; indeed, able authorities assert that the proportion is increasing. This small but persevering and dangerous class has been pres- ent in all ages and in all countries, and governments have tried in vain to extirpate it. Law-makers, appealing to the emotion of fear, for a long time endeavored to decrease crime by making punishments for all kinds of offenses ex- tremely severe, but they found that severity of penalty would not solve the problem. Then the law-makers at- tempted to apply the principle of justice in the punishment of criminals; they adapted the punishment to the crime, affixing a slight penalty to a petty offense and ordaining a more severe punishment for a more flagrant deed. Still this did not solve the problem; no scheme of punishments, however nicely adjusted, has as yet had the effect of de- creasing crime. In recent years we have been trying to prevent crime by removing its causes. It is recognized that crime is due in a large measure to an unfavorable environment, to bad company, to poverty, to the enervating influence of wealth and luxury, to crowded tenements, to the evil influences of cities, and philanthropists and statesmen are bending their efforts toward improving the environment which is respon- sible for crime. Furthermore, the mental attitude of the public toward criminals is changing. Formerly it was the universal opinion that a criminal was a foe to society, and that in meting out punishment to this foe the welfare of society alone should be regarded. Now in the adjustment of pun- ishments there is a disposition to regard the welfare of the criminal as well as the welfare of society. It is contended that a criminal is a person who is afflicted with a disease. CRIME 383 the disease of criminality, and that government ought to heal this disease if it can do so. If the criminal cannot he healed government ranst prevent him from running at large. If, however, the criminal is curable he must be restored to society as soon as he recovers. A penitentiary, according to this doctrine, is simply a moral hospital where criminals are confined until they are cured of the disease of crim- inality. In conformity with this view industrial schools, reformatories and asylums are, for many offenses, taking the place of jails and penitentiaries, and indeterminate sentences — sentences which detain the criminal only so long as he remains unreformed — are being substituted for commitments for arbitrary definite periods. Whether the new methods are better calculated to diminish crime than were the old can be determined only by experience. QUESTIONS ON THE TEXT 1. How was crime punished in the earlier stages of social develop- ment? 2. Why is it necessary that the law should be constantly designating new crimes? 3. When affixing a punishment to a crime what purpose does the lawmaker have in view? What are the usual forms of punishment? 4. Give an account of the functions of the State government in ref- erence to crime. What are common law crimes? 5. Illustrate how punishment for crime varies from State to State. 6. What crimes are punishable by the federal government? What is treason? How is it punished? 7. What is the money cost of crime in the United States? 8. What are some of the causes of crime? 9. What new policy is being adopted in reference to the treatment of criminals? SUGGESTIVE QUESTIONS AND EXEECISES 1. Arrange the following causes of crime according to the percentage of criminals produced by each: bad company, drinl", poverty, temper, lack of moral principle, mental incapacity. If you are unable to secure the statistics use your judgment as to an arrangement. 2. How much would be saved in money per voter in the United States if everybody would do right? 384 THE AMERICAN GOVERNMENT 3. Are you inclined to support the doctrine that the State in dealing with a criminal should entertain no idea of punishment; that it should simply treat the criminal as a sick person? Give reasons for your answer. 4. Does the constitution of this State say anything about crime? about punishments? What does the Constitution of the United States say about punishments (142) ? Are those who have been convicted of crime in this State permitted to vote? 5. What industrial schools, reformatories and asylums are supported in this State? What is a juvenile court? 6. What notable persons have been accused of treason in the United States? Has there ever been a conviction for treason? 7. Prepare a five-minute paper on The Elmira Eeformatory. Topics for Special Worlc. — The Treatment of Crime: 4, 130-147. Causes of Crime: 29, 237-261. CHARITIES Charity a Function of Government. Society always has its poor and unfortunate, and the problem of dealing with poverty is hardly less perplexing than the problem of deal- ing with crime. Poverty and crime are often found to- gether, but they are not related as cause and effect, for pauperism may decrease while crime is increasing, and vice versa. The causes of poverty, like the causes of crime, are to be sought largely in social and economic conditions, and the true cure for poverty consists in the betterment of those conditions. That it is the function of government to care for the dependent class has long been recognized. Among the ancients a portion of the tithes was by law devoted to the poor. In ancient Rome corn-laws provided for the dis- tribution of grain from the public granaries to those who could not afford to buy. Throughout the middle ages charity was for the most part administered by the church, but in the sixteenth and seventeenth centuries the govern- ments of Europe began to legislate for the poor. In the reign of Elizabeth England passed a law requiring each parish to support its own poor, and this law served as a model for poor-laws in the colonies, and later was imitated by the several States. The Care of the Poor a Function of Local Government. The federal government has no charitable functions. It maintains homes for its worn-out sailors and soldiers, and 385 386 THE AMERICAN GOVERNMENT pays vast sums as pensions to those who have served in its wars; but what it spends in this way is regarded not as a gift, but as a debt. Congress sometimes extends quick re- lief to communities which have been visited by fire or flood, but such assistance cannot properly be called charity. Power for public almsgiving flows from the State. In the more recently adopted constitutions provision is broadly made for the subject of pauperism, just as provi- sion is made for the subject of crime. The legislature usually imposes upon each locality the burden of caring for its own poor. Charity thus begins at home. The State government seldom dispenses aid directly to the dependent poor. The civil division which most frequently has charge of public charity is the county. There are often county di- rectors or overseers of the poor (p. 200), and these have charge of the county almshouse and of the distribution of funds to the needy. In States where there is a vigorous township government, the township, and not the county, administers the charities, and likewise in a well-organized city a department of charities often relieves the county of its charitable function. Outdoor and Indoor Relief. There are two historic methods of helping the poor, the method of outdoor relief and indoor relief. Outdoor relief is the relief of the poor in their homes ; indoor relief is given to the poor who have become inmates of almshouses. In most of the States the two methods are employed side by side. The applicant for aid sometimes receives a small sum of money to be spent by himself in his home ; sometimes he must go to the almshouse for food, clothing and shelter. Whether aid shall be given indoors or outdoors is a question which the au- thorities of the locality decide, each case being judged ac- cording to the circumstances attending it. The reasons for outdoor relief are these: (1) it is kindly, since the recipient is not separated from his friends and CHARITIES 387 family; (2) it is economical, since it costs less on an aver- age to assist a person in his home than it does to support him in an almshouse; (3) it would be impossible to accom- modate in almshouses all who apply for aid. The reasons against outdoor relief are: (1) it increases the number of applicants, because it is less disgraceful than the indoor system; (2) it corrupts politics by tempting the authorities to extend aid in return for votes; (3) it reduces the rate of wages, because its recipients can afford to work for less than their self-supporting competitors.^ The Defective Classes. Government extends its aid to the defective classes as well as to the dependent and helpless poor. A century ago paupers, defectives and criminals were • often huddled together within the same walls and sub- jected to treatment that was sometimes barbarous. Now there are separate institutions for each class. Moreover, the defectives are also divided into classes and are cared for in separate institutions. Thus we have institutions for the blind, for the deaf and dumb, for the insane, for the feeble-minded, for the epileptic, for the deformed. As a rule, the expense of earing for the defective classes is too heavy to be borne wholly by the local government, and it becomes necessary for the State to care for them. In almost every State the central government provides hospitals for the insane, schools for the deaf and dumb, schools for the blind, and reformatory schools for juvenile offenders. These State institutions for defectives are sup- ported in part by State revenues, in part by contributions from the local government. State Boards of Charities. In about half the States there have been established State boards of charities. The duties of these boards vary, but usually the State board of char- ities exercises a close supervision over all the State reforma- tories and institutions for the defective classes-, and inspects ^See A. G. Warner, "American Charities." 388 THE AMERICAN GOVERNMENT the charitable work of the localities and makes a report thereon to the governor or to the legislature. In several instances this board possesses a very substantial power. Thus in New York the State board of charities visits, in- spects and maintains a general supervision of all institu- tions, societies or associations of a charitable, corrective or reformatory character, whether State, municipal or unin- corporated, and it can enforce in these institutions a hu- mane and wise administration. Organized Charity. Of course government is not the only almsgiver. We give to the beggar whom we pass on the street; well-to-do people often make it a point to extend regular assistance to certain destitute families; churches of every denomination engage in charity work; societies and associations for the relief of the poor abound in every community. Until quite recently private charities as well as public were indiscriminate and unorganized, and the results of the haphazard giving were often unfortunate and some- times ludicrous. Alms unwisely extended sometimes con- verted a person who was simply needy into a professional beggar, and the abundant sources of aid often invited the lazy to quit work and live entirely upon charity. This was possible when by a little diplomacy and cunning one could exploit the benevolence of perhaps a half-dozen churches and as many societies. In 1869 in England, and a little later in America, a move- ment was begun to organize charity work, and the results which followed were so satisfactory that charity organiza- tion societies were rapidly formed. Societies of this kind, known as associated charities or united charities or the bureau of charities, exist in nearly two hundred cities in the United States. Organized charity aims: 1. To secure cooperation and unity of action among all charitable agencies, public and private. CHARITIES 389 2. To learn the facts connected with every application for aid. 3. To extend quick relief to all who are actually in need. 4. To expose impostors. 5. To find work for all who are able and willing to work. 6. To establish relations of personal interest and sym- pathy between the poor and the well-to-do. QUESTIONS ON THE TEXT 1. To what extent has charity in the past been regarded as a func- tion of government? 2. To what grade of government has the charitable function in the United States been assigned? 3. What is meant by outdoor relief! indoor relief? What reasons may be given for and against outdoor relief? 4. What provision is made for the defective classes? 5. What is the duty of the State board of charities? 6. What evils attend unorganized and unsystematic charity work? 7. What are the aims of organized charity work? SUGGESTIVE QUESTIONS AND EXEECISES 1. Does the constitution of this State say anything about charity? anything about pauperism? Are paupers permitted to vote in this State? 2. What provision is made in this State for the defective classes, the deaf, the blind, the insane, the feeble-minded? 3. Arrange the following causes of poverty according to the per- centage of paupers made by each: lack of employment, sickness, acci- dent, insufficient earnings, intemperance, shiftlessness, physical defects. If you are not able to secure the facts use your judgment in making an arrangement. 4. Name the charitable institutions of which you have knowledge. Are most of these supported by private liberality? 5. If a street beggar should ask you for money would you give him any? What is "scientific charity"? Topics for Special Work.— The Problem of Pauperism: 4, 148-157. Causes of Poverty : 23, 32-65. Conditions of Living among the Poor : Send for Bulletin 64, Bureau of Labor, Washington, D. C. LI THE POLICE POWER OF THE STATES The Police Power Defined. In its broad sense the term "police power" may refer to the entire system of regn- lations by which government preserves peace and order and prevents violations of law. In its narrower sense, in the sense in which it is used in this chapter, the police power is the system of internal regulations by which a State seeks "to establish for the intercourse of citizen with citizen those rules of good manners and good neigh- borhood which are calculated to prevent a conflict of rights, and to insure to each the uninterrupted enjoyment of his own so far as is reasonably consistent with a like enjoy- ment of rights by others": ^ or, it is the "power which con- strains the inhabitants of a State to conform their general behavior, like members of a well-governed family, to the rules of propriety, and to be decent, industrious and in- offensive in their respective stations." The police power properly extends to the regulation of matters which affect the health, safety and morality of society. The police power rests on the principle that one must use his own in such a way as not to injure another. I must make such use of my rights, my freedom, my property, as will not interfere with my neighbor in the lawful enjoyment of his rights and freedom and property. If a man, in order to strengthen his lungs, shouts lustily in an open field where no one can hear him, government will not check him, but if his shouting is done where people are *Cooley, "Constitutional Limitations," p. 572. 390 THE POLICE POWER OF THE STATES 391 disturbed by it the police power may be interposed to silence him. A maker of dangerous explosives may ply his trade in an isolated building and government may not interfere, but if he undertakes to make such explosives where the lives and property of others are thereby put in jeopardy, the police power will be invoked to prevent the manufacture. From its nature "the police power will al- ways have a wider field of action in a city than in a village, and in a village than in a farming neighborhood." The Police Power Exercised by the State. In the division of the powers between the States and the federal government the police power was left entirely to the States. The fed- eral government may exercise this power whenever in the discharge of its regular functions it seems necessary, but it is rare that it does this. The spirit of our government is to leave the police power in its integrity to the States. Several attempts have been made to amend the Constitution by bestowing upon it powers of this nature, but all such movements have failed. The Public Health. The State avails itself of the police power to preserve and protect the public health. In most of the States there is a State Board of Health which exer- cises a general supervision over sanitary affairs, and cooperates with and gives suggestions to the health officers of the county. One of the most important duties of the State Board is to prevent the spread of contagious dis- eases. In order to accomplish this it provides for the com- pulsory vaccination of citizens, and for the disinfection and destruction of places exposed to infectious and con- tagious diseases. It also may isolate those stricken with contagious maladies, and assist in the enforcement of quar- antine laws. In a few States the State Board of Health is clothed with substantial powers, and exercises a real control over local sanitation, but in most of the States the actual care 392 THE AMERICAN GOVERNMENT of the public health rests with the local government. In cities, where proper sanitary conditions are of the highest importance, a municipal board of health wages constant warfare against conditions which produce disease. In the discharge of their duties health officers are often com- pelled to intrude upon the private rights of the citizen. If some one in a house is suffering with a contagious disease the house may be quarantined; if there is an epidemic of smallpox in a community, the citizens, willing or unwilling, may be compelled to be vaccinated; if the water in a pri- vate well contains disease-bearing germs the well may be condemned and filled up by command of the health officers ; if wearing apparel has been exposed to contagious disease it may be destroyed by officers of the law. In the name of the public health and by virtue of the police power which it possesses, the State makes these invasions upon private rights. The Public Safety. The State, or the local government acting for it, uses the police power freely to protect the public from unusual dangers. It compels railroad com- panies to fence their tracks and build them above or below grade at public crossings; it requires engineers to ring the bell and blow the whistle at all places on the railroad where the approach of the train may be dangerous to travel; it regulates the speed of trains; it limits the number of pas- sengers a steamboat may carry; it compels the construc- tion of fire-escapes for tall buildings; it permits the destruction of property to prevent the spread of fire; it throws safeguards around the sale of explosives and poisonous drugs; it commands the muzzling of dangerous dogs; it orders the demolition of buildings that threaten to fall and destroy life or property; it abates nuisances which interfere with the comfort and convenience of so- ciety. In a hundred ways the citizen is reminded that the interests and desires of the individual are brushed aside when these happen to be hostile to the safety of society. THE POLICE POWER OF THE STATES 393 The Public Morality. For centuries governments sought by legislation to mold the character of individuals. They subjected the private conduct of the citizen to official regu- lations and restraints with the view of making him a bet- ter man. Experience slowly taught the truth that a man cannot be legislated into morality, and governments gradu- ally changed their attitude. Instead of seeking to improve the morals of the individual they framed their laws with the view of preserving the morals of the state. In America the State uses the police power to protect the public mo- rality, but in doing this it does not enter into the con- science and intention of the individual and pronounce cer- tain acts immoral; it simply declares that certain external acts come under the police power for regulation or sup- pression because they corrupt the morals of the public and thus strike a blow at the general welfare. Among these acts are excessive drinking of intoxicating liquors, gambling and inflicting cruelty upon animals. The first of these requires particular notice. Intemperance is as old as history and efforts to suppress it by governmental action are almost as old. A thousand years before the Christian era an emperor in China, in order to put an end to drunkenness, ordered all the vines in the kingdom to be uprooted, a reform which was imi- tated later (800 b.c.) by Lycurgus of Greece. During the middle ages the church struggled with intemperance, but at the end of the period Bacon was compelled to say that all the crimes on earth did not destroy so many lives or alienate so much property as drunkenness. In the seven- teenth and eighteenth centuries the English government undertook to deal with the liquor traffic, but it did not go about the matter in the right way. The consumption of liquor increased and drunkenness continued to be the pre- vailing vice in all classes of society. In the American colonies the evil was widespread. In the early years of the nineteenth century temperance societies in England and the United States began a cru- 394 THE AMERICAN GOVERNMENT sade in favor of total abstinence from intoxicating liquors, and about tbe middle of the century the influence of these societies began to be felt in legislation. In 1851 Maine passed a law prohibiting the sale and manufacture of intox- icating liquors except for medicinal and mechanical pur- poses, and in that State the prohibition law has been re- tained. Other States have adopted the prohibition policy. At present prohibition prevails in Maine, Kansas, North Dakota, Oklahoma, North Carolina, Washington, Oregon, Arizona, Mississippi, Georgia, Tennessee, Colorado, South Carolina, and West Virginia. In a number of States a policy of local option prevails in reference to the matter of selling liquor. The voters of a city or county or town vote upon the question whether the saloons shall be licensed or not. If the vote is in favor of no license the prohibition law is applied to the particu- lar civil division. The plan of local prohibition is followed in about three fourths of the States. Are prohibition laws effective? They are where there is a strong public sentiment behind them. Where judges and juries and law officers and the best citizenship of a community are in earnest, and are determined that in- toxicating liquors shall not be sold, a prohibition law, whether local or general, is as successful in that community as other laws. As a matter of fact, prohibition laws affect- ing the whole State have not often accomplished their purpose in all parts of the State, but the plan of local option has usually given satisfaction to the friends of pro- hibition. A great many advocates of temperance reform believe that absolute prohibition is impossible and are content that the liquor traffic should be regulated. One form of regula- tion is to require of those who sell liquors an unusually high license. In the States where the high license policy has been adopted the license varies from three hundred dol- lars to twelve hundred dollars. Thus in some States every saloon supports a school. The advocates of high license THE POLICE POWER OF THE STATES 395 claim that it does away with objectionable saloons; that it confines the traffic to responsible dealers; that it dimin- ishes the number of saloons and thereby decreases the power which the saloon may have in politics. Do prohibition laws and dispensary laws interfere with interstate commerce? The Supreme Court in 1890 decided that the State law could not prevent the sale in original packages or kegs unbroken and unopened of liquors manu- factured and brought from any other State. This decision made it impossible for a State to execute a prohibition law. Congress, however, came to the relief of the State and passed a law giving the State the right to exercise the police power over liquors brought within its borders from an- other State, whether in original packages or otherwise. In other words, Congress concluded that it would not use its power to regulate commerce in such a way as to deprive the State of its police power. QUESTIONS ON THE TEXT 1. What is meant by "police power" as the term is used in this chapter? To what matters does the police power extend? On what fundamental principles does the police power rest? 2. By which of the governments is the police power usually exer- cised? When does the federal government exercise this power? 3. What are the duties of the State Board of Health? Give illus- trations of the way health officers exercise the police power. 4. What are some of the uses made of the police power to protect the public safety? 5. What actions are regulated or suppressed because they corrupt public morality? 6. What measures have governments taken in reference to temper- ance? What has been the history of temperance legislation in the United States? 7. Describe two forms of prohibition. When are prohibition laws effective? 8. Describe two methods of regulating the liquor traffic. 9. What has been the history of prohibition laws in reference to interstate commerce? 396 THE AMERICAN GOVERNMENT SUGGESTIVE QUESTIONS AND EXERCISES 1. Give reasons why the police power should not be exercised by the federal government. 2. Does the constitution of the State say anything about the police power ? 3. Is there a State board of health in this State? How is it chosen? What are some of its powers? 4. Is there a local board of health in this municipality? How is it chosen? What is it doing for the public health? 5. Name some uses of the police power not stated in the text. 6. Are you aware of any unwarranted use of the police power in this State? If so, how may the abuse be corrected? 7. On what grounds would you justify a law or ordinance which forbids: the firing of Chinese crackers on the Fourth of July? the toot- ing of horns on Christmas Eve? the wearing of feathers in ladies' hats? the running of trains on Sunday? the selling of cigarettes to boys? the building of wooden houses in the center of cities? 8. Does the constitution of this State say anything about the sale of intoxicating liquors? 9. Are the laws of this State in reference to the sale of liquor regulative or prohibitive? Are they effective laws? 10. Is the violation of a police law always a crime? What is the difference between a crime and a misdemeanor? between a crime and a sin? Topics for Special Worh. — The Maine Law of 1851: 28, 22-96. APPENDIX A [THE CONSTITUTION OP THE UNITED STATES OF AMERICA] We the People of the United States, in Order to form a 1 more perfect Union, establish Justice, insure domestic Tranquillity, provide for the common defence, promote the general "Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. ARTICLE I Section 1. All legislative Powers herein granted shall be vested in a Congress of the United States, which shall con- 2 sist of a Senate and House of Representatives. Section 2. The House of Representatives shall be com- posed of Members chosen every second Year by the People 3 of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most 4 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 5 Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State- in which he 6 shall be chosen. 397 398 APPENDIX Representatives and direct Taxes shall be apportioned among the several States which may be included within this 7 Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of 8 Years, and excluding Indians not taxed, three fifths of all other Persons.^ The actual Enumeration shall be made within three Years after the first Meeting of the Congress 9 of the United States, and within every subsequent Term of ten Years, in such ]Manner as they shall by Law direct. 10 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 11 chuse three, Massachusetts eight, Rhode-Island and Provi- dence Plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Mary- land six, Virginia ten. North Carolina five, South Carolina five, and Georgia three. 12 When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies. 13 The House of Representatives shaU chuse their Speaker 14 and other Officers; and shall have the sole Power of Im- peachment. 15 Section 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- 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 1 The clause in italics superseded by the 13th and 14th Amendments. ^'This paragraph was superseded by the 17th Amendment. APPENDIX 399 fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every 16 second Year; and if Vacancies happen by Eesignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Ap- pointments until the next ]\Ieeting of the Legislature, which 17 shall then fill such Vacancies. No Person shall be a Senator who shall not have attained to the age of thirty Years, and been nine Years a citizen 18 of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be 19 chosen. The Vice President of the United States shall be Presi- dent of the Senate, but shall have no Vote, unless they be 20 equally divided. The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice Presi- 21 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 Per- 22 son 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 neverthe- 23 less be liable and subject to indictment. Trial, Judgment and Punishment, according to Law. Section 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 24 may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators. 400 APPENDIX The Congress shall assemble at least once in every Year, 25 and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day. 26 Section 5. Each House shall be the Judge of the Elections, Keturns and Qualifications of its own Members, and a Ma- 27 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 Members, in such Manner, and under such Penalties as each House may provide. 28 Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the 29 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 30 shall, at the desire of one fifth of those Present, be entered on the Journal. Neither House, during the Session of Congress, shall, 31 without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting. Section 6. The Senators and Eepresentatives shall receive 32 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 33 of the Peace, be privileged from Arrest during their At- tendance at the Session of their respective Houses, and in going to and returning from the same ; and for any Speech or Debate in either House, they shall not be questioned in any other Place. No Senator or Representative shall, during the Time for 34 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 en- APPENDIX 401 creased during such time ; and no Person holding any OfiQce 35 under the United States, shall be a Member of either House during his Continuance in Office. Section 7. All Bills for raising Revenue shall originate in 36 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 Repre- 37 sentatives 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 38 his Objections to that House in which it shall have origi- nated, 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 39 the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall be- 40 come 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 en- tered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days 41 (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment pre- vents its Return, in which Case it shall not be a Law. Every Order, Resolution,^ or Vote to which the Concur- 42 rence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States ; and before 43 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. * Eesolutions of Congress proposing amendments to ' the Constitution do not require the assent of the President. 402 APPENDIX 44 Section 8. The Congress shall have Power to lay and col- lect Taxes, Duties, Imposts and Excises, to pay the Debts 45 and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States ; 46 To borrow money on the credit of the United States ; 47 To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes ; 48 To establish an uniform Eule of Naturalization, and uniform Laws on the subject of Bankruptcies ^ throughout the United States; 49 To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures ; 50 To provide for the Punishment of counterfeiting the Securities and current Coin of the United States ; 51 To establish Post Offices and post Roads; To promote the Progress of Science and useful Arts, by 52 securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discov- eries ; ^ 53 To constitute Tribunals inferior to the supreme Court; 54 To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations ; 55 To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water ; ^ A bankrupt law enables a person who is unable to pay all his debts to divide what property he has among his creditors proportionately and to be discharged from legal obligation to make further payment. Con- gress has absolute power in the matter of bankruptcy, but it has not exercised this power continuously. The present bankrupt law was passed in 1898. In the absence of legislation by Congress the State regulates the subject of bankruptcy. ^ An author may secure a copyright on a book by sending to the libra- rian of Congress at Washington a copy of the title-page and two copies of the book on or before the day of publication. The copyright gives an exclusive right to sell for twenty-eight years, a period which upon application may be extended twenty-eight years. A patent secures to an inventor the exclusive right to manufacture and sell his invention for seventeen years. Patents are secured by sending to the Commis- sioner of Patents at Washington a working model of the thing invented. 1J APPENDIX 403 To raise and support Armies, but no Appropriation of 56 Money to that Use shall be for a longer Term than two Years ; To provide and maintain a Navy; 57 To make Eules for the Government and Eegulation of 58 the land and naval Forces ; To provide for calling forth the Militia to execute the 59 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, reservmg to the States respectively the Appointment of the officers, and the Authority of training the Militia according to the 60 discipline prescribed by Congress ; To exercise exclusive Legislation in all Cases whatso- 61 ever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Accep- tance of Congress, become the Seat of the Government and of the United States, and to exercise like Authority over 62 aU Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, ]\Iagazines, Arsenals, dock- Yards, and other need- ful Buildings; — And To make all Laws which shall be necessary and proper 63 for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Govern- ment of the United States, or in any Department or Officer thereof. [Section 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.]^ ^ This clause has no longer any significance. 404 APPENDIX 64 The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it. 65 No Bill of Attainder or ex post facto Law shall be passed. 66 No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken. 67 No Tax or Duty shall be laid on Articles exported from any State. No Preference shall be given by any Regulation of Com- 68 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. 69 No Money shall be drawn from the Treasury, but in Con- sequence of Appropriations made by Law; and a regular 70 Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time. 71 No Title of Nobility shall be granted by the United States : And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State. 72 Section 10. No State shall enter into any Treaty, Alli- ance, or Confederation; grant Letters of Marque and Re- prisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; 73 pass any Bill of Attainder, ex post facto Law, or Law im- pairing the Obligation of Contracts, or grant any Title of Nobility. No State shall, without the Consent of the Congress, lay 74 any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing its inspection 75 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 Congress. APPENDIX 405 No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time 76 of Peace, enter into any Agreement or Compact with an- other State, or with a foreign Power, or engage in War 77 unless actually invaded, or in such imminent Danger as will not admit of delay. ARTICLE II Section 1. The executive Power shall be vested in a Presi- 78 dent of the United States of America. He shall hold his Office during the Term of four Years, and, together with 79 the Vice President, chosen for the same Term, be elected, as follows Each State shall appoint, in such Manner as the Legisla- 80 ture thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which 81 the State may be entitled in the Congress: but no Senator or Representatives, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector. [The Electors shall meet in their respective States, and vote by ballot for two Persons, of whom one at least shall 82 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 83 Number of Electors appointed; and if there be more than one who have such a Majority, and have an equal Number of Votes, then the House of Representatives shall immedi- 406 APPENDIX ately chuse 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 chuse the Presi- dent. But in chusing the President, the Votes shall be taken by States, the Representation from each State having 84 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 Per- son having the greatest Number of Votes of the Electors 85 shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President.]^ The Congress may determine the Time of chusing 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 86 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 87 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 88 Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law pro- 89 vide for the Case of Removal, Death, Resignation or In- ability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected. The President shall, at stated Times, receive for his Serv- 90 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. ^ This paragraph has been superseded by the 12th amendment. APPENDIX 407 Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:—"! do solemnly 91 swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the hest of my Ability, preserve, protect and defend the Constitution of the United States." Section 2. The President shall be Commander in Chief of 92 the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States ; he may require the Opinion, in writ- 93 ing, of the principal Officer in each of the Executive De- partments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Re- 94 prieves and Pardons for Offences against the United States, except in Cases of Impeachment. He shall have Power, by and with the Advice and Con- sent of the Senate, to make Treaties, provided two thirds 95 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 Con- 96 suls. Judges of the supreme Court, and all other Officers 97 of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment 98 of such inferior Officers, as they think proper, in the Presi- dent alone, in the Courts of Law, or in the Heads of Depart- ments. The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by 99 granting Commissions which shall expire at the End of their next Session. Section 3. He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge neces- 408 APPENDIX 100 sary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the time of 101 Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other 102 public Ministers; he shall take Care that the Laws be faith- fully executed, and shall Commission all the Officers of the United States. 103 Section 4. The President, Vice President and all civil Officers of the United States, shall be removed from Office 104 on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors. ARTICLE III Section 1. The judicial Power of the United States, shall 105 be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and estab- lish. The Judges, both of the supreme and inferior Courts, 106 shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their continuance in Office. Section 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 affeet- 107 ing Ambassadors, other public Ministers and Consuls; — to all Cases of admiralty and maritime Jurisdiction; — to 108 Controversies to which the United States shall be a Party; — to Controversies between two or more States; — between 109 a State and Citizens of another State : ^ — between Citizens of different States; — between Citizens of the same State ^This clause was modified by the 11th amendment (p. 153). APPENDIX 409 claiming Lands under Grants of different States, and be- tween a State, or the Citizens thereof, and foreign States, Citizens or Subjects. In all Cases affecting Ambassadors, other public Minis- ters and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all 110 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 Con- gress shall make. The Trial of all Crimes, except in Cases of Impeach- ment, shall be by Jury; and such Trial shall be held in the 111 State where the said CriiAes 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. Section 3. Treason against the United States, shall con- 112 sist 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 113 two Witnesses to the same overt Act, or on Confession in open Court. The Congress shall have Power to declare the Punish- 114 ment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted. ARTICLE IV Section 1. Full Faith and Credit shall be given in each 115 State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof. 410 APPENDIX 116 Section 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, 117 or other Crime, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to remove to the State having Jurisdiction of the Crime. [No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Conse- quence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due.]^ 118 Section 3. 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. 119 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 noth- ing in this Constitution shall be so construed as to Preju- dice any Claims of the United States, or of any particular State. 120 Section 4. The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on 121 Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Vio- lence. * Since the abolition of slavery this clause has had no significance. APPENDIX 411 ARTICLE V The Congress, whenever two thirds of both Houses shall 122 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 proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitu- tion, when ratified by the Legislatures of three fourths of 123 the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Eatification 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 124 of its equal Suffrage in the Senate, ARTICLE VI All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid 125 against the United States under this Constitution, as under the Confederation. This Constitution, and the Laws of the United States which shall be made in Pursuance thereof ; and all Treaties 126 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, any i27 Thing in the Constitution or Laws of any State to the Contrary notwithstanding. The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States 412 APPENDIX and of the several States, shall be bound by Oath or Affir- 128 mation, 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 129 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 130 America the Twelfth. In Witness whereof We have here- unto subscribed our Names, GO : WASHINGTON— Pres*c?#. and deputy from Virginia Attest William Jackson, Secretary New Hampshireli'^^'' Langdon [Nicholas Oilman Massachusetts J Nathaniel Gorham [RuFUS King Connecticut- Wm. Saml. Johnson Roger Sherman New York Alexander Hamilton New Jersey WiL : Livingston David Brearley Wm. Paterson JoNA: Dayton APPENDIX 413 Pe7insylvania B. Feanklin Thomas Mifflin RoBT. Morris Geo. Clymer Thos. Fitz Simons Jared Ingersoll James Wilson Gouv Morris 'Geo: Read Gunning Bedford jun Delaware