liiiii ■11 3bM -Tf S5T" |^)U2StiMLiLM^ V>*w.rti<^ it, nI^I i Kics ^Rl^^l ^Ean iieyy^^crroUC 6^. m .'Cach department is summed up in a written, repidrt arid^ls ^ent't'o the Mayor and City Council. If you wish to study city government thoroughly, you must study these reports of the departments as well as the city charter. City Courts. — If the City Council should pass an ordi- nance forbidding the explosion of firecrackers upon the street, it would be the duty of the Mayor to enforce it. This he would do through the policemen, but not through the police alone. Any one accused of violating the ordi- nance would first be taken to a police court, and there be tried before a police justice for the offense. If the accused person was found guilty, he would then be handed over to the executive department for punishment. When a person is accused of some very grave offense, as of arson, or mur- der, his trial is conducted in the Criminal Court of the city. Here he may have a trial by jury. What is meant by a "trial by jury" will be explained hereafter. Besides the police court and criminal court, there is in a large city, another court, usually called the Court of Common Pleas. This court tries cases when the dispute is concerning property or money, or where a question of damages is involved. These courts — the Police Courts, the Criminal Court, and the Court of Common Pleas — are the judicial department of the government of a city. What a City Government should Do. — We have described briefly the three parts of a city government, and have spoken of a few of the things a city government does. Should the city attempt to do more than it usually does? I02 LESSONS IN CIVICS It supplies the- -people with water; should it supply them with ^R^also K • Should it own and operate the electric cars ? It provides children -with an education; should it provide them with a midday lunch also ? Should it furnish the music for the parks ? Should it own and operate the tele- phone ? Should it lay pipes and supply heat to families '? These are a few of the questions you will be called upon to answer when you become voters. You cannot answer them intelligently now ; but if you will begin to study them now, when the time comes for you to vote and act, you will not vote and act like blind men. QUESTIONS AND SUGGESTIONS (For Pupils who live in Cities) 1 . In what county is the city in which you live situated ? When was it organized? What are its boundaries? What is its population? What are its industries? Can a city be situated in a town? 2. How many wards in your city? In which ward do you live? Bound the ward in which you live. How many councilmen or alder- men does each ward in your city send to the City Council ? What are the qualifications of a good councilman? Name the councilmen who represent your ward. 3. Let a pupil obtain a copy of the report of the police department and describe its work. The report will show how many policemen are employed, what are their salaries, the number of arrests made, the causes for which the arrests were made, and other interesting facts. Reports of other departments may be similarly studied. 4. How does the rate of taxation in your city compare with that of other cities of equal size? 5. What is the amount of the debt of your city? 6. Does your city own its gas and electric light plants ? 7. Has your city the reputation of being well governed? 8. What are the qualifications of a good Mayor? 9. How may children help the cause of good city government? I LESSON XX THE STATE " States make up the mass, the body, the organic stuff of the govern- ment of the country. To them is intrusted our daily welfare." — Woodrow Wilson. The Thirteen Colonies. — In speaking of the government of the city and town and county, we have now and then spoken of a larger government that is above these and that holds these together. This larger government is the State, and it is the State we are now going to study. We may best begin the study of the State by glancing at the history of State government in the United States. At the outbreak of the Revolutionary War, the three million Englishmen who lived along the coast of the Atlantic occupied thirteen distinct and separate colonies, — Massachusetts, New Hampshire, Rhode Island, Con- necticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia. These colonies were all dependent upon the English government; their inhabitants were subjects of the English king. But England was three thousand miles away, and it took, in those times, many weeks for a vessel to cross the Atlantic. As a result of this wide separation, England could not govern an American colony in the same way that she governed one of her counties at home. 103 104 LESSONS IN CIVICS A colony in many things was allowed to govern itself. It elected its own lawmakers, it appointed its own judges. Rhode Island and Connecticut even elected their own Gov- ernors, and thus exercised the three powers of government, — the legislative, the executive, and the judicial. Aside from the tie that bound it to England, a colony had no other ties. Each colony was independent of all the other colonies. Pennsylvania had no more to do in the way of government with its neighbor Maryland than it had with Prussia. Likewise each colony had a different his- tory. Virginia had grown by joining to herself, from time to time, the counties that were formed as new tracts of land were brought under cultivation. The county, there- fore, was of great importance in Virginia. Massachusetts had been formed by joining together two colonies that had consisted each of a number of towns. For this reason the town was the most important feature in the colonial gov- ernment of Massachusetts. Maryland had been developed in much the way a wise landlord would develop an im- mense tract of farming land. Connecticut and Rhode Island, as we have seen, were so free that they were almost independent republics. Thus it came about that at the time of the Revolution the thirteen colonies were not only independent of each other, but they differed from each other in the character of their governments. The Thirteen Original States. — After the Revolutionary War had brought victory to the Americans, each colony found itself a free and independent nation, — a State. Instead of thirteen English colonies, there were thirteen American States. We shall see hereafter, how, after I LESSON XX I OS much trouble, the thirteen States joined and formed the United States. At present let us try to grasp the idea that when the colonies had gained their freedom, each colony was then free to govern itself. Indeed, each colony was compelled to govern itself, for there was no longer any king or parliament for it to look up to. As quickly as possible after the Declaration of Independence, the people of each colony took up the difficult task of self- government. The first thing to be done was to change the colonial government into a State government. This was done by representatives of the people of a State coming together in convention and agreeing on a plan as to just how the State was to be governed. This plan was written out and submitted to the people for ratification, and was called the Constitution of the State. Each colony made for itself a constitution that suited best its own wishes and its own needs. The constitution of Virginia differed from that of Massachusetts, because the needs of Virginia were different from those of Massachusetts. You must not suppose that the new State government that was formed differed very much from the old colonial gov- ernment. The people of a colony, after many years of hard experience, had built up the kind of government they liked best, and they had become used to obeying certain laws and observing certain customs. Now it is not pos- sible — and you should think of this when you hear new schemes of government proposed — it is not possible for a people suddenly to make a complete change in their laws, customs, and habits. So the new State governments were necessarily very much like the old colonial govern- I06 LESSONS IN CIVICS ments. The colonies of Connecticut and Rhode Island did not form a new government at all. The old charters granted to them by England were taken as Constitutions for these two States. The State governments differed from each other in many respects, yet they were alike in many respects. Thus every State elected a Governor for a short term of years. I suppose if a State had so desired, it could have chosen some one as its king. But none of them did this. They had had enough of kings. Again, in every State the powers of government were divided into the legislative, executive, and judicial departments. The common law of England was also declared in all the States to be the law under the new order of things. It was natural that the governments of the different States should bear a strong resemblance to each other. The people of the colonies, from New Hampshire to Georgia, were nearly all the same in blood and speech ; they were nearly all Englishmen, and had English notions of government and law. The Admitted States. — In 1 788-1 790 the thirteen origi- nal States united under the Constitution. It was not long before other communities outside of the present bounda- ries of the original States wished to join the Union. Each was allowed to do this as soon as it had grown large enough in population and after it had adopted for itself a constitution that was acceptable to Congress. When these requirements were fulfilled, the new community was admitted to the Union as a State. Vermont was the first new State admitted. This was in 1791. The next year Kentucky was admitted; and so on from time to time I LESSON XX 107 until thirty-two new States have been admitted into the Union, making forty-five in all. The last to be admitted was Utah (1896). The governments of the admitted States were modeled after those of the older States. It is plain that the younger States have had an advan- tage over the older ones in the matter of making laws for themselves, for they have been able to select those laws of the older States that experience has shown to be good, and they have been able to avoid making those laws that experience has shown to be bad. SUGGESTIONS FOR ORIGINAL WORK 1. Bound the State 4n which you live. Is it one of the original States? If it is not, when was it admitted into the Union? 2. What is the origin of the name of your State ? What is its nick- name? What is the origin of its nickname? What is the population of your State ? 3. How many States have a greater population than your State? What is the area of your State? How many States have a greater area? How many States as large as the smallest State in the Union could be made out of the largest State in the Union? 4. If you live in one of the admitted States, learn from what State the first settlers in your State came and compare your State with the parent State, in reference to (a) government, (I?) religion, (c) occupation, (d) political parties. 5. Name the territories. Which of these do you think will become a State first ? LESSON XXI THE STATE CONSTITUTION " In the American State the legislature is not supreme, but has limits to its authority prescribed by a written document known as the Consti- tution." — Joh7i Fiske. Meaning of the Word *^ Constitution." — You have met with the word Constitution several times already, and, since you will meet with it many times hereafter, you ought to try to understand clearly what it means. The word comes from constituo^ a Latin word which means fix, establish, settle. The constitution of a debating society is a set of fixed rules by which the society is to be per- manently governed, and from which it cannot rightfully depart. The constitution of a State is a document con- taining those fixed principles and rules by which a State must be governed, and from which neither the Governor, the lawmaker, nor the judge may depart. The consti- tution may be called the fundamental law of the State, because it is the foundation upon which all laws are built, just as the foundation of a house is the part upon which all the other parts rest. Think of a constitution as the foundation plan upon which a system of laws may be built. Description of a State Constitution. — I have before me the constitution of the State in which I live, and I will attempt to describe it to you very briefly : It begins with io8 LESSON XXI 109 a Declaration of Rights. It declares that a people have the right to govern themselves ; that all citizens have a right to a trial by jury; that the Governor, the judges, and the lawmakers are responsible to the people for their actions ; that all male adult citizens have the right to vote; that the legislative, executive, and judicial powers of government shall be separate; that there shall be freedom of speech and debate ; that no one shall be compelled to give evidence against himself in a court of law ; that the press shall be free ; that no title of nobility shall be granted ; that a man's religion shall not be made a test for holding office; that the people have in them- selves the right to form a new government. After declar- ing these and some other rights, the constitution takes up the executive department of government. It states who may be elected Governor, how and when he may be elected, how long he shall serve, and what are his powers and duties. The powers and duties of other executive officers are also defined. After the executive we come to the legislative department. We are told what shall be the name of the Legislature, how it shall be composed, who may be its members, where it shall meet, how a law shall be passed, and, in a general way, what kind of laws shall be passed, and what kind may not be passed. (Thus it states that the Legislature shall pass no law suspending the writ of habeas corpus. See p. 42.) After the legisla- tive comes the judicial department. The qualifications, duties, and powers of judges are explained, and the boundaries of the different judicial circuits are defined. Last of all come the miscellaneous provisions. ThesQ no LESSONS IN CIVICS relate to education, corporations, public debts, taxation, and amendments. The constitution altogether would make about forty pages of this book. There are forty- five States, and each State has its own constitution and no two constitutions are alike, but all the State constitu- tions have a strong resemblance to the one that has been described. How the Constitution of a State is Made. — The consti- tution of a State is made by a body of men who are chosen to make a constitution and to do nothing else. This body is called the Constitutional Convention. This Convention is composed of delegates elected by the people of the counties and cities of the State. In this Constitu- tional Convention the needs and wishes of the people of the State are discussed, and a constitution is carefully drawn up. After a constitution is agreed upon by the Convention, it is submitted to the people to be voted upon. If a majority of the popular vote is cast for it, it stands as the constitution — the fixed plan of govern- ment. If it does not receive a majority of the votes, no further attention is paid to it ; the work of the Convention was in vain. If the people reject a proposed constitution, they must live under the old constitution until another Convention is called, and a constitution is framed that will suit them. In recent years there have been Constitu- tional Conventions that have not submitted the constitu- tion to the people to be voted upon. In nearly all the States, however, a constitution must be voted upon and adopted by the people before it is the law. Is it best to let the people vote upon the constitution of their State ? I LESSON XXI III How a Constitution is Changed. — We have called the constitution the fixed, unchanging plan of government. But it would not do for a constitution to remain unchanged and unchangeable forever. It sometimes happens that a plan is good at one time and yet bad at another time ; and a constitution that might have been good and wise in the year 1800, may, by the year 1900, have become foolish or harmful. If, then, there is something in a constitution that ought not to be there, or if something ought to be there that is not there, how shall a change be made ? The answer is: By amendment ; the constitution is mended ^htvQ it is weak. This is done as follows : The Legislature of the State passes the amendment, which it thinks ought to be inserted in the constitution, and then submits the amend- ment to the people to be voted upon, for or against. If it gets the requisite number of the votes of the electors, the amendment becomes a part of the constitution. In some States, it is difficult to secure an amendment to the constitution on account of the difficulty of getting it passed by the Legislature. Thus, in California before an amendment can be submitted to the people it must first pass in the Legislature by a vote of two thirds of all the members. In Georgia an amendment must pass in two successive legislatures, both times by a two-thirds vote, before it can be submitted to the people. Is it wise to make it difficult to have the constitution changed .^ When an entirely new constitution is desired, a new Constitutional Convention must be called. This is usu- ally done as follows : The Legislature submits to the people the question, whether they wish a new Constitu- 112 LESSONS IN CIVICS tional Convention or not. If the people vote yes^ the Legislature provides for the election of the delegates to the Convention. The election is then held and the elected delegates meet in convention, make a new constitution, and submit it to the people to be voted upon, as has been explained. You see that a constitution is adopted directly by the votes of the people. It is not adopted by the representatives of the people : it is very nearly the work of a pure democracy. ** Constitutional '' and ** Unconstitutional." — You will often meet with these words in your reading. What do they mean "^ Constitutional means in accordance with the constitution. If an act of an individual, or of an officer of government, or a law of the Legislature, does not con- flict with anything that is found in the constitution, that act or law is constitutional. "Unconstitutional" means, of course, not constitutional. This seems at first sight very easy and hardly worth mentioning, but in reality it is sometimes very difficult to tell whether an act or a law is constitutional or unconstitutional. Whether it is or not, must be decided by the judges of the State. QUESTIONS AND SUGGESTIONS I . Get a copy of the constitution of your State, and examine it for answers to the following questions : (a) When was the constitution adopted by the people ? (h) About how many pages of this book would it make? (c) What are the principal rights declared? (d ) Are there any amendments to the constitution as it now stands ? If so, when and why were they adopted? (i) What provision of the constitution seems to be the most important? LESSON XXI 113 (/) Do you find anything in the constitution that you would like, to see changed? (g) How would you proceed to get the constitution changed? 2. Elect a committee consisting of classmates to draw up a constitu- tion for the government of a debating society. Provide in the consti- tution for election of officers, time and place of holding meetings, qualifications for membership, dues, fines, etc. The committee cannot do good work unless it takes as a model some suitable constitution already drawn up. The constitution drawn up should be submitted to the whole class for approval. 3. Suppose you think a certain law is unconstitutional, have you a right to disobey it? 4. How many constitutions has your State had during its entire history ? 5. Would it be wise for Maine and Louisiana to exchange constitu- tions? LESS. IN CIV. — 8 LESSON XXII THE STATE LEGISLATURE "While acting as the representative of the people I shall be governed by their will on all subjects upon which I have the means of knowing what their will is, and upon all others I shall do what my own judgment teaches me will best advance their interests." — Abraham Lincoln. When and where the State Legislature Meets. — Each State has its capital^ or the city in which the business of the State government is transacted. If you have ever been in the capital of your State, you have doubtless visited the capitoly or Statehoitse, This is usually a handsome build- ing, containing many halls, galleries, and ofhces. In this building is done the most important work of the State gov- ernment. Here the Governor of the State and his assist- ants have their offices ; here the highest judges of the State hold their courts ; here every two years the Legis- lature of the State meets to make laws. If your visit to the Statehouse is made upon the day a newly elected Leg- islature meets for the first time, you can learn much about the making of laws. The Two Branches of the Legislature. — Let us suppose that you are in the Statehouse on the morning a Legis- lature assembles for the first time. When the hour for meeting comes, the lawmakers, who have been moving busily about in the corridors, talking with each other, divide 114 LESSON XXII 115 into two bodies. The smaller number meet in a room at one end of the Statehouse. The men who meet in this room are somewhat advanced in years ; they move about in a quiet and dignified manner. Some of them seem to be familiar with the place and to know how to begin with the business. These men are senators, this is the Senate chamber, and this branch of the Legislature is the Senate. The larger number of lawmakers assemble in a large hall at the opposite end of the Statehouse. This body, as we look upon it from a gallery, differs much in appearance from the Senate. The men are of all ages, from the young man of two and twenty to the gray-haired man of seventy. Some of them are dignified and of pleasing and intelligent appearance ; others appear to be very ordinary men. A few of them are self-possessed, but most of them act as if they were in a strange place. These men are represefita- tiveSy and this is the Honse of Representatives, The Legis- lature of a State, therefore, is divided into two branches, — an upper house, or Senate, and a lower house, or House of Representatives. In some States the lower house is called the Assembly, in others it is called the House of Dele- gates. In North Carolina it is called the House of Commons. Election of Members of the Legislature. — Both the lower house and the Senate are representative bodies, that is, the members of both are sent to the capital to act in the place of the people. The counties (or towns) and cities are represented in the House of Representatives, according to population. A county (or town), if it is small, may have but one representative, while a county with a large popu- Il6 LESSONS IN CIVICS lation may have two, or three, or four. In the same way a city is represented by one, two, or more representatives, according as it is small or large. How is the number of representatives for a county, or town, or city determined.'' Every ten years a census of the people is taken, and from this census it can be determined how many representatives a county or city is entitled to. If it is the law that there should be at least one representative for 10,000 people, then a county with a population of 10,000 or under would be entitled to one representative ; a county with a popula- tion of more than 10,000 and less than 20,000 would get two representatives ; a city of 50,000 people, according to this rule, would get five representatives. But a lawmaking body should not be so large as to make it difficult to trans- act business in a quiet and deliberate manner. A State with 1,000,000 of inhabitants, represented by one repre- sentative for every 10,000 people, would have a House of Representatives consisting of 100 members. If the popu- lation of the State increases to 2,000,000, how would the law have to be changed so that the number of representa- tives would still be loo.'^ A senator represents a larger number of people than is represented by a member of the House. The State is divided into senatorial districts, and from each of these dis- tricts one senator is elected. A senatorial district may in- clude several counties, or several senators may represent, one county. It is generally provided by law that senators shall be older than representatives, and for this reason they are supposed to be wiser than members of the lower house. They are elected to serve for longer terms than . LESSON XXII 117 representatives, and they usually are men who have had more experience in matters of government. Organization. — After a roll call of the members, the first thing that is done in the newly elected House of Representatives is to choose a presiding officer, called a Speaker. The Speaker takes the chair, and then the House proceeds to .elect some one who is not a member, as its Clerk or Secretary. The duty of this official is to write out in a large book, called thQ Jotirnal, a full account of everything that takes place in the House. The House next elects a Sergeant-at-Aiins, an officer whose duty it is to keep order in the House, and to bring absent mem- bers to their seats when their presence is needed to make a quorum. When the Clerk and Sergeant-at-Arms, and such minor officials as messengers and doorkeepers, are chosen by the vote of the House, the Speaker announces the Co^n- mi t tees of the House. A Committee of the House consists of a small number of members — three, or five, or seven, or nine — who have charge of some particular branch of legislative business. Thus if the Speaker appoints five members as the Com- mittee on Education, all matters coming up in the House relating to education are first referred to this committee. There are a great many committees. The most important are those on Finance, Corporations, the Judiciary, Elec- tions, Appropriations, Education, Labor, Manufactures, Agriculture, Public Buildings. If we had remained in the Senate during its opening hour, we should have seen almost the same things that we Il8 LESSONS IN CIVICS saw in the House. There might have been some differ- ence in the matter of the presiding officer. Some States have a Lieutenant GovernoTy and when this is the case, this officer, by virtue of his office, acts as Chairman or Presi- dent of the Senate. Yet even where there is a Lieutenant Governor, the Senate elects a President pro tempore^ who serves in the absence of that officer. So we may say that the Senate is organized in the same way that we saw the House of Representatives organized. It elects its Clerk, its Sergeant-at-Arms, its messengers and doorkeepers, and the President announces just such committees as are an- nounced in the House. After the two houses have been organized as described, the Legislature is ready to begin its work, — to make laws for the welfare of the. people. QUESTIONS FOR ORIGINAL WORK (Answers to a number of these questions can be found in the consti- tution of the State.) 1. Is the capital of your State situated in the most suitable place? Are the citizens of the State proud of their Statehouse? 2. What is the name of the lower house of the Legislature of your State? What is the name of the Legislature taken as a whole? When does the Legislature meet? How long may it continue in session? 3. What are the qualifications for a senator in your State? For a representative ? Do you know the name of the senator that represents you in the Senate ? 4. What is the method of representation in your State? Is it gen- erally regarded as a just method? 5. Is there a Lieutenant Governor in your State? 6. What is the compensation of a senator? Of a representative? Lawmakers in England receive no pay for their services. Is that a good rule? 7. What is "mileage"? What is meant by "a quorum"? What is regarded as a quorum in the Legislature of your State ? LESSON XXIII THE STATE LEGISLATURE (Continued) •*The convention, the campaign, the election, the division of the powers of government, the exercise of political rights, are merely for the purpose of making a law." — F, N. Thorpe. How a Law is Made. — Let us now see how a law is passed in the Legislature. We will suppose that many people in the State wish a law to be passed, compelling railroad companies to run their tracks wherever there is a road or street-crossing, either above or below the road or street, so that the lives of pedestrians or those riding in vehicles may not be endangered. How will they get the law passed } They will get one of their representatives in the Legislature to take up their cause for them. A mem- ber, let us say, of the House, will prepare a bill, that is, the draft of a law, which compels railroads to lay their tracks either above or below grade at all public crossings. The member first gives notice to the Speaker that at a convenient time he will introduce into the House a bill " To compel railroad companies to lay their tracks either above or below grade at all public crossings." When the day arrives for introducing the bill, the member gives it to the Clerk of the House to read. This is called \\^^ first reading. The Speaker immediately after it is read refers the bill to its proper committee, which, in this case, is the 119 120 LESSONS IN CIVICS Committee on Railroads. In a few days the Committee in its private room will give attention to the bill. Friends of the bill will appear before the Committee and speak in its favor ; opponents of it will also be present to speak against it. After hearing both sides of the question, the Committee makes its report to the House. If the Com- mittee thinks there is no reason for such a law, it reports " unfavorably," and there the matter will probably end : the bill is ''killed in Committee." But if the Committee thinks well of the bill, it reports ** favorably." This means that in the opinion of the Committee the bill ought to become a law. The title of the bill is again read in the House, and if no objection is raised, it is allowed to pass upon its second reading. In its regular order the Bill is taken up for its third and last reading. It is now read in full by the Clerk, and a discussion of it begins. Speeches are made in favor of it, and those who are opposed to it, speak against it. If a member wishes to change a par- ticular part of the bill, he offers an amendment to it. The amendment is voted upon, and if it receives a majority of the votes, the amendment becomes a part of the bill ; if the amendment is voted down, the bill remains as it was before. After a full discussion and debate, the measure comes to a final vote. The Speaker asks the House, ''Shall the bill pass.?" The House answers the question by taking a vote. If a majority vote aye (yes), the bill passes ; if a majority vote no, or if the noes equal the ayes, the bill is lost ; it is " killed in the House." Let us sup- pose it passes in the House. It is then taken by the mes- senger of the House to the Senate. Here it has the same I LESSON XXIII 12 V history that it had in the House. It is referred by the President of the Senate to its proper committee, is read three times upon three different days, is fully discussed upon its last reading, is possibly amended, and is then voted upon. If it passes in the Senate with amendments, it must then go back to the House in order that a vote may be taken upon it as amended by the Senate. If it passes in the House with the amendment, the bill has passed, and, as far as the Legislature is concerned, it is a law. In nearly all the States, however, a bill that has passed both houses of the Legislature is not yet a law, but must be sent to the Governor of the State for his approval. If the Governor signs it, or if he takes no action upon it within a fixed number of days, it becomes a law. The Governor may, however, veto the bill, that is, he may send it back with his objections stated in writing to that branch of the Legislature that sent it to him. The Legislature may then take another vote upon the bill, and if it again passes both Houses, it becomes a law in spite of the Gov- ernor's veto. But in order to pass it over the Governor's veto, it must, as a rule, get more than a bare majority of votes. In some States it must receive the votes of two thirds of the members present ; in others it must receive a majority of the votes of all the members elected. After a bill has gone through all the stages mentioned, after it has been passed by both Houses and has been signed by the Governor, it is assumed to be a law, and an attempt is made to enforce it. It is liable, however, to be declared to be unconstitutional. If, when the bill relating 122 LESSONS IN CIVICS to railroad crossings has been passed, the railroad officials should object to laying their tracks as ordered, on the ground that the Legislature had no right to pass such a law, and should take the matter into court and the judge should decide that the Legislature had no such right under the constitution, then the law would be null and void, and the railroad companies would not be compelled to obey it. What the Legislature of a State may Do. — The best way to learn what the Legislature of a State may do, is to learn first what it may not do. First, it may not pass a law that is contrary to the constitution of the State. This point was illustrated in the last paragraph. Second, it may not pass a law contrary to the Constitution of the United States. When we come to study this Constitution, we shall learn that there are certain powers of government granted to Congress, the body that makes laws for the United States. For instance, one of the powers granted to Congress is to manage the post offices of the country. A State Legislature, therefore, has no right to make laws relating to post offices. Again, in the Constitution of the United States, certain things are mentioned which a State must not do. For example, a State must not coin money. Hence, a State Legislature has no right to establish a mint. Members of a State Legislature, then, should keep these two things in mind : First, they may not make laws contrary to the constitution of their own State ; and, second, they may not make laws contrary to the Constitu- tion of the United States. So long as it does not violate either of these two rules, a State Legislature is free to LESSON XXIII 123 pass almost any law it pleases. It would take too long to name all the laws that can be passed, and that are passed, in the Legislature of a State. Sometimes at one session more than a thousand laws are passed. The following is a list of a few of the things done by a State Legislature : (i) It grants charters for the government of cities, boroughs, and villages ; it also grants charters to railroads, banks, colleges, and to many other institutions, public and private. (2) It makes laws regulating taxation, licenses, fees. (3) It defines the boundaries of counties and towns. (4) It makes laws for the punishment of crime, such as treason, murder, arson, theft, bribery, forgery, fraud, perjury. (5) It makes laws concerning properfy, such as relate to the sale of lands, the giving of mortgages, the granting of deeds, the making of wills, the settlement of the estates of bankrupts, the management of the estates of the dead. (6) It makes laws concerning education, charity, health, marriage, divorce. (7) It makes laws concerning the qualifications of voters and the time and manner of holding elections. (8) It makes laws governing railroads, steamboats, ca- nals, telegraph companies, telephone companies. (9) It makes laws regulating hunting, fishing, mining, manufacturing, trading. It is plain that most of the laws that regulate us in our daily conduct, and in our daily pursuits, are made by rfie State. 124 LESSONS IN CIVICS Honest Men for the Legislature. — Since the duties of the State lawmaker are so many and his powers are so great, citizens should make every effort to elect only honest and intelligent men to the Legislature. There is good reason to believe that in some States bad men get laws passed for their own private benefit. They do this through bribery. They offer members of the Legislature some inducement to vote for a bill that is against the interests or the comfort of the great mass of people, and in the interest of their own selfish schemes. The voter on election day should think of this and try to prevent it. He should not vote to send to the Legislature a man who he believes can be bribed. Just as the happiness of the people of a city depends, in a great measure, upon the kind of men they send to the City Council, so the happiness of the people of a State depends, in a large measure, upon the kind of men they send to represent them in the State Legislature. If we can get good laws through the Legis- lature of our State, we have advanced a long way on the road to good government. QUESTIONS FOR ORIGINAL WORK 1. Why are there two branches of the Legislature ? Why should a bill be passed in both Houses before it becomes a law? Why should there be three readings of a bill? 2. Has a Governor of your State the veto power? What is the "pocket veto"? When a Governor vetoes a bill, does he act as a leg- islative or as an executive officer of government? 3. If the Legislature of your State is in session, find out what im- portant measures are before it. Are you prepared to speak intelli- gently about any of these measures? Have you in mind any law you would like to see passed? How would you go about getting it passed? LESSON XXIII 125 What is the name of the senator who represents you in the Legisla- ture? 4. With what two documents should a member of the Legislature be familiar? 5. What difference do you observe in the powers of the Legisla- ture and those of the City Council ? 6. What is meant by ^^ sumptuary laws " ? 7. What is meant by the "lobby"? 8. In what way may men be bribed without actually giving them money ? 9. If a Legislature consists of a body of rascals, whose fault is it? LESSON XXIV THE GOVERNOR AND HIS ASSISTANTS " Strictly speaking, the Governor is not the head of the executive department, but a member of it. The executive department is par- celed out in several pieces, and his is one of the pieces." — John Fiske. The Governor. — As soon as the lawmakers have passed all the laws that seem desirable, they leave the capital and go to their homes. It is left to the officers of the execu- tive department to see that the laws are obeyed. At the head of this department stands the Governor, — the pilot of the ship of State. The Governor is elected by the votes of the people. His term of office in some States is for one year ; in others, it is for two years ; in others, it is for four years. In the constitutions of most States it is required that the Governor be at least thirty years of age, and that he shall have been a resident of the State for five years before his election. His powers are great, but they are granted to him by the people, and if he abuses his power, . he may be impeached. What are his powers and duties } The first duty of a Governor is to see that the laws are faithfully executed. If he learns that the law is being vio- lated either by public officers or private persons, he must take steps to have the laws obeyed. To secure obedience he may call to his assistance judges and sheriffs and even 126 LESSON XXIV 127 the soldiers of the State, for he is the commander in chief of the land and naval forces within the State. Sometimes when a mob is bent on destroying life and property, the Governor calls out the troops and sends them against the mob. When public business is to be conducted between one State and another, the Governor acts in the name of the State. It is the Governor's duty to send to the Legis- lature at the opening of the session a message. This message informs the Legislature of the condition of affairs throughout the State, and recommends the passage of such laws as the Governor thinks ought to be passed. The Legislature, however, is not bound to pass, or even to con- sider, the laws recommended in a message. In time of danger or pressing need, if the Legislature is not in ses- sion, the Governor may call it in extra session, so that it may at once pass such laws as the moment requires. The Governor, in many States, has the power to pardon crimi- nals. He may forgive the offense entirely and restore the criminals to freedom, or he may cormnute the punishment, that is, he may make it less severe. Sometimes, when a person is sentenced to be hanged, the Governor commutes the punishment to imprisonment for life. For a good reason he will reprieve or postpone the execution of the death sentence. In some States this matter of pardon, commutation, and reprieve is not left to the Governor, but is intrusted to a special body of officers, known as the Board of Pardons. Another power of the Governor is that of appointment. In all the States there are many officers who are not elected directly by the people, but receive their positions by ap- 128 LESSONS IN CIVICS pointment. Many of these appointments are made by the Governor. In some States he has the appointment of the judges of the State courts, — a great responsibility. In nearly all the States he appoints the justices of the peace. 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 an officer is guilty of misconduct in office, the Governor in most States may remove him and put a better man in his place. The above are a few of the powers of the Governor. In some States his power is much greater than in others. The question of the " power of the executive " is too difficult for you to discuss now, but when you grow up to be voters, you may have to decide whether it is better to give the Governor much power or to give him little. Other Executive Officers. — The Governor cannot attend to all the public affairs of a State. . He must have assist- ants, just as the Mayor of a city has heads of departments to assist him. These assistants of the Governor are high executive officers of the State, and they are generally elected by the people. Below, you will find the names of most of them, with a short explanation of their duties : (i) The Lieutenant Governor. — A lieutenant is an officer who takes the place of a higher officer, when that officer is absent or cannot attend to his duties. Some States elect a Lieutenant Governor to serve when the Governor is out of the State or is unable to be at his post. The duties of the Lieutenant Governor are very few. We have seen that he has the right to act as the President of the State LESSON XXIV 129 Senate ; but he has no vote in that body except when there is a tie, that is, when there is an equal number of votes for and against a measure. When there is a tie, the Lieuten- ant Governor decides the question by voting on one side or on the other. In such a case he is said to have the casting vote. (2) The Secretary of State. — This officer, sometimes elected, sometimes appointed by the Governor, is the highest clerk of the executive department. He has charge of State papers, of the Journals of the Legisla- ture, and of historical documents, statuary, paintings, relics, etc., owned by the State. If you will visit his office in the Statehouse, you may find some very inter- esting things there. (3) The State Comptroller. — A comptroller is a manager of accounts. The Comptroller of a State manages the financial business of the State government. He attends to business relating to the debt, the property, the claims, the revenue of the State. He superintends the collection of taxes due to the State, and examines the claims of those to whom the State owes money. When a debt of the State is to be paid, the Comptroller orders the- State Treasurer to pay it. (4) The State Treasurer. — We have learned that when a town or a county collects money' by taxation, a certain portion of the money must be given over to the State gov- ernment. This money is sent to the State Treasurer. He either keeps it in a large iron safe at the capitol or gives it to some reliable bank to keep. He cannot pay a dollar of it out without an order from the Comptroller. Like LESS. IN CIV. — 130 LESSONS IN CIVICS the other treasurers of whom we have spoken, the State Treasurer must give bond for the honest performance of his duties. (5) The Attorney-General. — This is the law officer of the State, corresponding to the prosecuting attorney of the county. When the State needs the services of a lawyer, he appears for it in the courts. When any executive officer of the State needs legal advice, the Attorney- General is called upon for an opinion. (6) The Superintendent of Public Instruction. — This is the highest school officer of the State. He stands in the same relation to the counties of the State as the County Superintendent stands to the school districts of the county. The officers of the school district report to the County Superintendent and the County Superintendents report to the State Superintendent. In this way the State Superin- tendent keeps informed of the condition of all the schools. He prepares a report and sends it to the Legislature. In this report he states the needs of the schools and suggests how they may be improved. He presides at the meeting of County Superintendents and at teachers' institutes, and furthers the cause of education in whatever way he can. Impeachment. — If it is charged that a high officer of the State is guilty of misconduct in office, if, for example, the Governor is accused of having accepted a bribe for signing or for not signing a bill ; or if a judge is accused of trying cases while he is drunk, the House of Represent- atives inquires into the charges, and if it finds that there is truth in them, it impeaches the offender, that is, it accuses LESSON XXIV 131 him of official misconduct. The trial of the officer thus impeached is conducted by the Senate. That body listens to the evidence against the impeached officer, and if it regards him guilty, it pronounces judgment against him. An officer who has been found guilty under impeachment, can no longer hold an office of honor, trust, or profit in the State. QUESTIONS FOR ORIGINAL WORK 1. What is the name of the chief executive officer of your State. 2. Examine the constitution of your State for answers to the follow- ing questions : (a) What are the qualifications of the Governor? (d ) What is the length of his term of office ? (c) What is his salary? (d) Has he the power of veto? (e) Has he the pardoning power? (/) May he remove an inefficient officer? (£") What officers does he appoint? (^) If there is no Lieutenant Governor, who will fill the vacancy if the Governor should die or resign ? 3. Ought the Lieutenant Governor to preside in the Senate at the trial of a Governor, whom the House has impeached ? 4. When the Senate tries an impeachment case, does it act as a legislative or judicial body ? 5. What are some of the qualifications of a good Governor? A good Comptroller? A good Attorney-General? A good State Superin- tendent of Instruction? 6. Have you read a Governor's message? What is a Governor's "proclamation"? 7. Does the constitution of your State provide for other executive officers not mentioned in the lesson? LESSON XXV JUDGES, JURIES, AND COURTS OF LAW "No man's property is safe, and no man's welfare is assured where justice is denied to the poor, or where crime goes unpunished : no State can prosper where human rights are not respected." — David A. Wells. The Judicial Department. — You have learned how a law is made, and you have learned the names and duties of those officers who compel obedience to the laws. But before an officer can punish a person for disobeying the law, it must first have been decided that the one accused is actually guilty. You will remember that the decision of this question is left neither to those who make the laws, nor to those who are to enforce them, but to a third body of men, the judicial officers or judges of the State. Every State has a complete judicial system by which citizens may defend their rights and secure justice. It is this judi- cial system that we are now to study. We will begin with the lowest part of the system and proceed to the highest. The Justice of the Peace. — Let us suppose that a house has been burned in your neighborhood, and that a man named X is suspected of having burned it. Some citizen who is interested, perhaps the owner of the house, will file a complaint against X before a justice of the peace. This officer is usually appointed by the Governor, but is some- times elected by the people. In either case he is an officer, 132 LESSON XXV 133 not of the town or city or county, but of the State, and he acts in the name of the State. He renders decisions only in small and unimportant cases. Thus, if a man is sued for a few dollars, or if he is arrested for drunkenness, or fast driving, his case could be decided before a justice of the peace. Returning to the case of house burning : When the complaint is filed against X, the justice of the peace gives a constable, or policeman, a warrant for the arrest of the accused, who is brought into the justice's court. Since X is charged with having committed an awful crime, — the crime of arson, — the justice cannot try his case. But he can do this : He can listen to witnesses for and against X, and if he believes that the accused is probably guilty, he may send him to jail to await trial in a higher court. But this trial may not come up in a higher court for several months, and if X is an innocent man, — and the law sup- poses he is innocent until he is proven guilty, — it would be a great hardship for him to have to He in jail for so long. This he need not do if he can get bail. To give bail, he must get one or more of his friends to sign an agreement to pay the State a certain sum of money if he should fail to appear in court for trial when he is wanted. This agreement is a bond, and those who sign it are bondsmen. If X runs away before trial, he is said to ''jump bail." Let us suppose he is able to give bail, and that he awaits his trial like a man. The Circuit Court. — The trial of X will take place be- fore the judges of the Circuit Court — in some States called the District Court, in others the Superior Court.^ ^ In a large city X would be tried before the Criminal Court. 134 LESSONS IN CIVICS The judges of this court, usually three in number, hold court in the courthouse of the county seat two or three times in a year. The same judges may serve in several counties, going from one county to another. It is for this reason they are sometimes called circuit judges. They are generally elected by the people, although in some States they are appointed by the Governor. In all cases, like justices of the peace, they act in the name of the State. Into this Circuit Court X is brought for trial. The crime that he is accused of is supposed to have been com- mitted not against the person whose house was burned, but against society, against the whole body of people, against the State. It is the State, therefore, that brings him to trial. The State's Attorney brings the case before the grand jury, a body consisting of not less than twelve nor more than twenty-three citizens, whose business it is to find violators of the law and to present them to the court for trial. These grand jurymen summon the witnesses who will testify against X, but not those who will testify in his favor. If it is the opinion of at least twelve of the grand jury that X ought to be tried for the burning of the house, the State's Attorney will draw up an indictmenty containing the charges against him, and the foreman of the grand jury will write across the back of the indictment the words, ''A true bill." This means that X must stand a trial in court. The examination by the grand jury was secret ; but the trial in court, is open to the public. When X is brought into court, the indictment is read to him, and he is asked whether he is "guilty" or ''not guilty." His reply is LESSON XXV 135 called 2i plea. If his plea is "guilty," the judge sentences him to be punished according to law. If his plea is " not guilty," the judge appoints a time for his trial. The trial begins by the selection of twelve men to act as a jury to decide whether he is guilty or not. This is called the petit jioy, or small jury, to distinguish it from the grand jury. The members of the petit jury, like those of the grand jury, are chosen from among the citizens of the neighborhood, — from farmers, mechanics, merchants. Some of them may be neighbors of X. Before they are allowed to serve, they must swear that they have not formed an opinion upon the guilt or innocence of the prisoner, and that they will decide the case according to the evidence that is pre- sented to them. After they have taken this oath, the jury- men sit in the "jury box" and listen to the. testimony of witnesses. In a trial, there are always two parties, one called the plaintiff, who brings the complaint or suit into court, and another, called the defendant, or the one against whom the complaint is brought. In the case before us the State is the plaintiff, and X is the defendant. The State's Attorney, in behalf of the plaintiff, presents the case against the defendant and examines witnesses for the State. Another lawyer speaks in behalf of X and examines witnesses who have testimony in his favor. After the evi- dence on both sides has been heard, and after the judge has given his charge to the jury, directing them on some points of their duty, the jury retires to a private room to talk the matter over and come to a decision. If they can all agree, they return to the courtroom with their verdict. If the verdict is " guilty," the judge will pronounce sen- 136 LESSONS IN CIVICS tence upon the prisoner in open court and give him over to the sheriff for punishment ; if the verdict is " not guilty," X is set free, and he cannot be tried again for the same offense. The Supreme Court. — If after X is sentenced, his law- yer can show that strict justice has not been secured, he may take the case to a higher court, usually called the Supreme Court, or Court of Appeals, — the highest court of the State. The judges of this court meet at the capital of the State and hear cases that have been tried in the court of law. The Supreme Court will not try the case of X over again, but it will listen to his appeal, and if it is shown that the judges in the court below did not try the case ac- cording to law, it will order a new trial and thus give X another chance for his freedom ; if it finds that the trial was properly conducted in the lower court, X will have to bear his punishment. Civil and Criminal Cases. — Cases that involve crime, like the case of X, are called criminal. Most of the cases, however, that are tried in courts do not relate to crime, but to the ownership of property. Such cases are called civil. The chief difference between a criminal and a civil case, is that in a criminal case the plaintiff is the State ; while in a civil case, the plaintiff is a private person or a corporation. The history of a civil case in the courts is quite like that of a criminal case. If the amount of prop- erty at stake is small, it may be tried before a justice of the peace. If the amount is large, the case is tried in the Circuit Court (or District Court), and if satisfaction is not obtained, then it may be taken to the Supreme Court. LESSON XXV 137 QUESTIONS FOR ORIGINAL WORK 1 . Examine the constitution of your State for answer to the follow- ing questions. (a) Are judges of the court elected or appointed? (d) What are the qualifications of a judge? (c) How long do they hold office? (^) What salaries are given to the different judges? (e) Name the different courts of the State. (/") How may a judge be removed from his office? (g) Are justices of the peace elected or appointed? 2. Can the people choose by their votes a better judge than the Governor can select? 3. Why should the term of office of a judge be longer than that of other officers ? 4. In what court would you sue a man for a debt of two dollars? For a debt of ten thousand dollars? In what court would a man accused of murder be tried? A boy accused of disorderly conduct? 5. A man has been kept in jail awaiting trial. The trial proves him to be innocent. Has he any redress ? 6. Which are the most important, good lawmakers, good executive officers, or good judges ? 7. What are some of the unpleasant things a judge is called upon to do? 8. Write a description of the kind of a man you think would make a good judge. 9. What are the advantages of trial by jury? LESSON XXVI THE NATIONAL GOVERNMENT " Great were the hearts and strong the minds Of those who framed, in high debate, The immortal league of love, that binds Our fair broad Empire, State with State." — Bryant. Importance of State Government. — We have now studied the leading facts connected with several of the govern- ments by which we are controlled. We have studied the government of the family and learned the rights and du- ties of parents and children; we have studied the gov- ernment of the school and learned the rights and duties of pupils and teachers ; we have studied the government of the city, county, and town, and have learned what are the powers and duties of the officers of these govern- ments; we have studied the government of the State, and have learned how State laws are made and enforced. We shall now take up the study of another government ; but, before we do this, I wish to say a few more words about the State government. Of all the governments we have studied, that of the State is by far the most important. Indeed, all the smaller governments depend upon the State government. The affairs of the home, the school, the county, the town, the township, the city, are all influenced greatly by the 138 LESSON XXVI 139 government of the State. Think how much this means. It means that the State gives us nearly all the laws under which we live. It means, too, that everywhere in the different parts of this great country the people may have in a large measure just such laws as they like best. The people of Maine are not compelled to live under the same laws as the people of Mississippi. There are forty-five States, and each State may have a consti- tution and laws to suit its particular case. Thus the people of each State have the right of local self-government. Just as in New England the people of each town manage their local affairs in their own way, so the people of each State conduct the public affairs of the State in their own way. It will help you to think clearly upon some important questions, to remember that a State, for most of the pur- poses of government, is a self-governing community. But it is not entirely independent. There is a government above it, — the government of the United States. The Articles of Confederation. — You know that after the thirteen colonies declared themselves independent of Great Britain, each colony was left a free and independent State. But the colonies could not get their independence without fighting for it, and they could not fight successfully unless they all fought together. They understood this perfectly well, and during the seven years of war with England they joined hands and kept them joined until the enemy was conquered. But when the war was over, and England had acknowledged their independence, each State began to think more of its own interests and to care very little for union. In 1783 the thirteen States were held together by 140 LESSONS IN CIVICS the Articles of Confederation, a form of government that had been adopted during the war. Whatever may have been the value of these Articles in times of danger from a foreign foe, in times of peace they served no useful pur- pose. They gave Congress a right to make certain useful laws, but they gave it no power to enforce those laws ; they gave it the right to declare war, but they did not give it the right to compel men to serve in the army ; they gave it the right to borrow money, but they did not give it the right to raise money by taxation in order to pay the debt. In other words, the government of the United States un- der the Articles of Confederation was a legislature only : it lacked the executive and judicial powers. It was like a three-legged stool with two legs gone. Of course, such a government could not be respected. Yet the people of the States felt there ought to be union, and that there ought to be a general government that would have power enough to make itself respected. What prevented such a union ? It was the pride and jealousy of the States. Each State was free to do just as it chose, and if a strong union was formed, some of the freedom would have to be surrendered. Things went from bad to worse under the Confederation. Congress was mobbed at one time by a crowd of drunken men ; soldiers who had served in the war clamored for their pay, but there was no way to raise money for them. One State quarreled with another.^ Washington and 1 The condition of affairs under the Confederation has been described by Mr. Fiske in his "Critical Period of American History." You should read this book and learn what would be the danger and evils if each State were allowed to do entirely as it pleased. LESSON XXVI 141 Madison and Hamilton and other statesmen saw these evils and took steps to remedy them before it was too late. The Constitutional Convention of 1787. — It was one of the evils under the Confederation that the people of the different States could not trade freely with each other. The New Jersey farmer could not carry his produce into New York without first paying a tax upon it. Each State had its own customhouse, and collected taxes upon goods brought from foreign countries and turned the money into its own treasury. This made the burden of taxation un- equal in the different States. With the purpose of remedy- ing this state of things, and taking measures to make the laws of trade uniform, a convention was called to meet at Annapolis in 1786. But, as only five of the thirteen States responded to the call, the delegates thought it unwise to proceed further with the business. They did, however, make a report, requesting the States to send delegates to another convention that should meet in the following year. With this request all the States, excepting Rhode Island, complied. In May, 1787, delegates from twelve States met in Phila- delphia for the purpose of amending the Articles of Confed- eration in such a manner as to correct the evils of which we have spoken. In this convention were some of the ablest men our country has produced. There w^ere Washington and Madison and Hamilton and Franklin. These men did not work for their own selfish interests, or even for the advantage of a particular State, but for the advantage of all the States. The sessions of the convention were secret, but we know most of the things that were said 142 LESSONS IN CIVICS and done in it. It soon agreed that the government un- der the Confederation was weak and worthless, and that an entirely new form of government was necessary. It saw that, instead of a Confederation of the States, there ought to be a union of the people. How was this to be accomplished ? It could not be accomplished without the States giving up some of their rights, and would they be willing to do this ? Most of the members thought the States would. For six months the subject was de- bated, and at last a Constitution for the government of the United States was agreed upon. Probably no one in the Convention thought the proposed Constitution was perfect. The words of the aged Franklin, who had worked all his long life for union, will give us an idea of the spirit in which the work of the Convention was done. When the labors of the Convention were over, and the members were about to adjourn and go home, Franklin arose and said : " I consent to this Constitution because I expect no better, and because I am not sure it is not the best. I hope, therefore, that for our own sakes, as part of the peo- ple, we shall act heartily and unanimously in recommend- ing it wherever our influence may extend, and turn our future thoughts and endeavors to means of having it well administered." The Constitution proposed by the Convention was sent to the several States for their approval. In almost every State it met with fierce opposition. The new government, it was claimed, would crush out the rights of the States, and destroy the freedom of individuals. But the Consti- tution had strong supporters, and one by one the States LESSON XXVI 143 voted to accept it. It was provided that when nine States approved of it, it should go into effect. By July, 1788, it had been approved by nine States, and it, therefore, be- came a law of the land. Two States, North Carolina and Rhode Island, refused to accept it, and remained out of the Union for some time. If these States had so desired, they could have remained out until this day, and they would now be foreign countries. In 1789, however. North Caro- lina joined the Union, and in 1791 Rhode Island did like- wise. The government under the new Constitution began to transact business in New York in April, 1789. In 1790 the seat of government was removed to Philadelphia, and in 1800 to Washington, which has remained the capital of the United States. The Constitution framed by the Con- vention of 1787 is the Constitution under which we live to-day. We shall now study this important document. You will find a copy of it in almost any school history of the United States. LESSON XXVII THE NATIONAL LEGISLATURE "The American Constitution is, so far as I can see, the most won- derful work ever struck off at a given time by the brain and purpose of man." — VVilliain E. Gladstone, The Preamble to the Constitution. — The Constitution of the United States will remind you of your State Consti- tution. It provides for a government of three depart- ments, the legislative, the executive, and the judicial, and it contains a Bill of Rights., It begins with a few words called the preainbley which state the reasons for forming a national government. The words of the preamble are : *' We, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America." If you have studied the last lesson carefully, you will understand the preamble. The States were disunited, were jealous of each other and quarreled with each other ; the Constitution proposed to form a "more perfect union." When quarrels arose between a State and a citizen of another State, or between citizens living in different States, 144 LESSON XXVII 145 there was no good way of settling the dispute ; the Con- stitution proposed to " establish justice," by organizing a system of courts in which such disputes might be settled. There had been rebellion and serious uprisings in some of the States ; the Constitution proposed to have '* do- mestic tranquillity " — peace at home. Under the Articles of Confederation, the defense against the attacks of In- dians, or even against a foreign foe, depended largely upon the resistance of the particular State that suffered ; the Constitution provided for a '* common defense," that is, it proposed to support a national army, which should be ready at any time to defend a single State or all the States against an enemy. Before 1787 each State made laws to suit its own local interests, without regard to the interests of other States ; the Constitution proposed to make laws that would ''promote the general welfare" — the welfare of all the States. In the words of the pream- ble are wrapped up all the purposes and objects of the government that meets at Washington. You should learn the preamble by heart. Congress. — The most important department of a gov- ernment is its lawmaking body. For this the Constitu- tion provides first. It provides that laws of the national government shall be made by a body called a Congress, and that the Congress shall have two branches, a Senate and a House of Representatives, just like the Legislature of a State. This Congress every year, on the first Mon- day in December, meets in the magnificent Capitol at Washington ; the Senate at one end of the building, the House of Representatives at the other end. LESS. IN CIV. — 10 146 LESSONS IN CIVICS You should try to visit Washington when Congress is in session, for it is an impressive sight to see a body of men making laws for a great nation. The House of Representatives. — It is the purpose of the Constitution that the will of the people shall be expressed in the House of Representatives. Hence, members of this branch of Congress are elected by a direct popular vote, and each State is represented according to its popu- lation. During the first years of national government a State was allowed one representative for every 30,000 inhabitants. If this number had remained unchanged, the House of Representatives would now consist of nearly 2500 members, and would be a body much too large for the transaction of business in a deliberate way. But it has not remained unchanged ; as population has increased, the number of inhabitants for each representative has been made larger. At the present time each State is allowed to send one representative for every 173,901 inhabitants. This gives Delaware one member in the House, and New York thirty-four members. The repre- sentatives from all the States number 357. Each State is divided by its Legislature into a number of Congres- sional Districts, each district containing, as near as may . be, 173,901 inhabitants, so that it may be entitled to one representative. Thus Iowa, with 1,911,896 inhabitants, is divided into eleven Congressional Districts,, and is entitled to eleven members in the House of Representa- tives. The House of Representatives, upon meeting, organizes in very much the same way that the lower house in a LESSON XXVII 147 State Legislature is organized. A Speaker, a Clerk, a Sergeant-at-Arms, and Messengers are elected, and Com- mittees are appointed by the Speaker. The Senate. — The States are represented in Congress by senators. It was the purpose of those who framed the Constitution to preserve the power and dignity of the State as far as possible. For this reason one State is as well represented in the Senate as another; each State, whether great or small, being entitled to two senators. Nevada, which has a population of 45,000, has as much power in the Senate as has New York, with a population of 7,000,000. This, at first sight, may seem to you to be unjust, but the more you study the subject the more reason you will see for the law. Probably the only way to enable the smaller States to preserve their rights is to give them equal power with the larger States in the Senate. Sena- tors are not elected by the people but by the Legislatures of the different States. The election is so arranged that when a new Congress meets only one third of the Senate can consist of new members. As there are now forty-five States, the Senate consists of ninety members; and sixty of these are experienced lawmakers. How a Law is passed in Congress. — A law is passed in Congress in almost the same way that one is passed in the Legislature of a State. A bill is introduced into one of the Houses, is referred to its proper Committee, is reported upon, is read three times upon three different days, is voted upon, and if it receives a majority of votes, is sent to the other House, where it has almost the same history. If it passes in this House, also, it is sent to the 148 LESSONS IN CIVICS President for his approval. If he approves the bill, he signs it and it becomes a law. If he does not approve it, he vetoes it ; that is, he returns it to the House without his signature and with his objections. If two thirds of the members of each House still vote for the bill, notwith- standing the objections of the President, it becomes a law without his approval. EXERCISE (By examining the second and third sections of the first Articles of the Constitution you will be enabled to fill the blanks properly.) A member of the House of Representatives is elected to serve for years. No person can be elected in this branch of Congress un- less he is at least years of age and has been a of the for at least years. He must also reside in the in v^hich he is elected. A senator of the United States is elected by the of a to serve for years. He must be at least years of age, and must at the time of his election have been a of the in which he is elected. Both senators and representatives are privileged from while in attendance upon . QUESTIONS 1. What is the salary of a representative? Of a senator? How are these salaries paid? 2. What are the names of the senators who represent your State in Congress ? 3. How many representatives does your State send to Congress? In what Congressional District do you live? What is the name of your representative? 4. Should senators be elected by the direct vote of the people ? LESSON XXVIII WHAT CONGRESS MAY DO The Power of Congress Limited. — What are the powers of the national lawmaking body described in your last lesson ? A glance at history will help you to understand this question. You remember that after the Declaration of Independence each State was practically a free and independent republic, and had in itself all the power of government. There was nothing that a government can wisely do that the government of a State could not do. The States were proud of this great power. Like indi- viduals they loved their pride and their will. Now, when the Union was formed, in 1787, it was necessary to give up some of this power. But the States were careful to give up as little power as possible, and they were ex- tremely careful to have it understood just what powers they meant to give up, and to reserve for themselves all powers that they did not give up. Therefore, certain definite powers of the new government were plainly stated. These powers it might exercise, and no others. All powers not granted to the general government were reserved to the States. The answer to the question, "What can Congress do .'^ " is this: It can do what it is written in the Constitution it can do, and it can do no more. The answer to the question, "What can the Legis- 149 ISO LESSONS IN CIVICS lature of a State do ? " is this : It can do anything that is not contrary to the constitution of the State, or to the Constitution of the United States. In other words, Con- gress is a lawmaking body with limited powers. The Powers of Congress. — You will find most of the powers of Congress stated in the eighth section of the first article of the Constitution. This section says that Congress shall have power : (i) " To collect taxes,'' for the support of the national government. It takes an immense sum of money to sup- port the national government. The salaries of nearly sixty thousand officials and the pensions of nearly a million of old soldiers, and soldiers' widows, must be paid ; costly public buildings in Washington and custom- houses and post-offices in large cities must be built; ex- pensive war ships and fortifications must be maintained ; an army and a navy must be supported. To do all this requires nearly ^500,000,000 per year. Congress raises most of this enormous sum in two ways : First, it levies a tax called a duty, or tariff, upon goods brought into this country from foreign countries. This duty is collected at customhouses situated in the great cities. Second, it levies a tax, called the internal revenue tax, upon liquors and tobacco manufactured within the United States. (2) *' To borrozv money ^' when the government is pressed for cash. When an individual borrows money he gives the lender a note stating the amount loaned, the time of payment, and the rate of interest that is to be paid. In the same way, when a government borrows money it gives LESSON XXVIII 151 to the lender its printed notes. The notes thus issued by a government are called bonds. The United States has borrowed in this way vast sums of money. When the Civil War was over, its debt was nearly $3,ooo,cx)0,ooo. This has been reduced to somewhat less than ;^2,ooo,- 000,000. (3) " To regulate commerced — Under this power Con- gress places heavy duties upon certain classes of imported goods so that our own goods of the same kind may be protected against the competition of the foreign market: People who believe in keeping out foreign goods in this way are called "protectionists." Those who believe in allowing foreign goods to come in without being taxed, are called *'free traders." When you become voters you will probably be called upon to decide either for protection or for free trade. Congress further regulates commerce by registering American vessels, providing for lighthouses and life-saving stations along the coast, and improving harbors and opening rivers to navigation. (4) ** To establish a imiform rule of naturalizatio7t'' — In a former lesson you learned what is meant by naturaliza- tion. The laws relating to this subject must be made by Congress. (5) '^ To establish uniform laws on the subject of bank- ruptcies throughout the United States ^ — When a person owes more money than his property is worth, he is a bankrupt. The creditors of a bankrupt have a right to take such property as he has, and divide it fairly among themselves. If Congress so chooses it has the right to make the laws regulating bankruptcies. 152 LESSONS IN CIVICS (6) " To coin moneys — Before the Constitution was adopted there was great confusion in the kind of money in use. No two States had coins of the same size and value. They used foreign money chiefly. Few States had mint's. The Constitution took the right of coining money away from the States and gave it to Congress. Under this power Congress has established in different parts of the country mints where gold, silver, nickel, and copper coins are made. Since a coin of a given denomi- nation is always of the same weight and fineness, it circu- lates freely in any part of the Union. (7) '' To fix the standard of weights and measures ^ — A yardstick should be just as long, and a pound weight just as heavy in Pennsylvania, as the one or the other is in California, and Congress has the right to require that this shall be the case. In point of fact, however, Congress has not exercised this right very fully. The national government presents a full set of weights and measures to the government of each State, and the State adopts these as correct. Thus throughout all the States mer- chants use standard weights and measures. (8) " To provide for the punishment of coiinteifeiting the securities and ciLri'ent coin of the United States T — A per- son convicted of counterfeiting the money of the United States may be fined five thousand dollars, and imprisoned for ten years. LESSON XXIX WHAT CONGRESS MAY DO (Continued) Congress has power : (9) ** To establish post offices and post roads'' — It is through the post office that the national government meets the citizen in his daily life. Letter carriers and post- masters are officers of the United States. It is plain that the States could not attend to the carrying of the mails. The government of the State of Maine could not well fol- low a letter addressed to a town in Oregon. (10) ^* To promote the progress of science and useful arts by sectoring for limited times to authors and inventors the exclusive right to their respective writings a7id discoveries '' — Authors are encouraged to write good books by giving them a copyright upon their works. The person who has a copyright upon a book is the only one who can print and sell it. A copyright lasts for twenty-eight years. It is secured by entering the title and sending two copies of the printed book to the Librarian of Congress in Wash- ington. Congress encourages useful inventions by grant- ing /^to^/i- to inventors. A patent upon a machine gives the one who holds the patent the exclusive right to make and sell or use the machine. Rights under a patent last for seventeen years. The inventor sends drawings and a 153 154 LESSONS IN CIVICS model of his invention to the Commissioner of Patents at Washington, and if it is found that he has invented some- thing really new a patent will be granted. (ii) ^^ To constitute tribunals inferior to the Supreme Court.'' — This will be explained when we come to the judicial department of the national government. (12) ^^ To define and punish piracies and felonies corn- knitted on the high seas, afid offenses against the law of nations^ — Piracy, is robbery upon the sea. The national government punishes pirates because their crime is com- mitted outside of the boundary of a State. When a citizen commits an offense against a foreign nation the injured nation regards the offender as a citizen of the United States, and not as a citizen of a State. It is the national government, therefore, that must punish pira- cies and offenses against the laws of nations. (13) ^^ To declare war, grant letters of marque and repri- sal, and make rules concerfiing captures on land and water'' — As the evils of war would fall on many States, it is not right that a single State should be allowed to declare war. War, therefore, can only be declared by Congress, and conducted by the national government. Sometimes Con- gress grants to private persons the right to go and seize certain property belonging to a foreign country. Such a commission, called a letter of marque and reprisal, cannot be granted by a State. When in times of war valuable property is captured, the prize must be divided among the captors according to the direction of the national govern- ment. (14) ^^ To raise and stipport armies," LESSON XXIX 155 (15) " To provide and maintahi a navy'' (16) ^^ To make rules for the regulation of the land and naval forces.'' (17) ** To pfwide for calling forth the militia to execute the lazvs of the Union . . . and repel invasion." — The regular or standing army of the United States consists of about 60,000 soldiers. In times of peace this number is large enough, but in times of war, it is, of course, too small. When the national government needs a large army for the defense of the country. Congress may call out the militia of the States. The militia of a State con- sists of all its able-bodied male citizens between the ages of eighteen and forty-five. The law usually excuses the civil officers of government, clergymen, teachers, physi- cians, and firemen from military service. With these ex- ceptions, every strong man in the country is a member of the militia, and may be called upon to serve in the army. Thus it is in the power of Congress to raise an immense army for the support of the national government and for the defense of the nation against a foreign enemy. (18) " To provide for organizing^ arming and disciplin- ing the militia^ and for governing such part of them as may be employed in the service of the Uftited States." (19) ^^ To exercise exclusive legislation" over the Dis- trict of Columbia. Under this rule the people of the Dis- trict of Columbia, which includes the city of Washington, have no voice in the government of their city. Congress acts as a kind of City Council for the government of Washington. It appoints three Commissioners who con- duct the public business of the District. 156 LESSONS IN CIVICS (20) " The Congress may determine the time of choosing the electors for President and Vice President of the United States'' — This will be explained when we come to speak of the election of the President. (21) ** The Congress may by law provide for the case of removal, death, resignatiofi, or inability, both of the Presi- dent and Vice Presidents — Under this power, in 1886, Congress passed a law providing that if both President and Vice President die, the Secretary of State shall act as President ; if the Secretary of State dies, the Secretary of the Treasury shall act as President ; and so on down through the Cabinet, the Secretary of War coming third, the Attorney-General fourth, the Postmaster-General fifth, the Secretary of the Navy sixth, the Secretary of the In- terior seventh. (22) '' New States may be admitted by the Congress into this UniojiS — Under this power Congress has admitted thirty-two States since the formation of the Union. (23) " The Congress shall have power to . . . make all needful rules and regulations respecting'' Territories. — A Territory is governed under a Territorial Law, passed by Congress. Its Governor, judges, and other chief officers are appointed by the President of the United States. It is entitled to send to Congress a delegate, who may speak upon questions relating to his Territory, but may not vote. When the people of a Territory desire to be admitted into the Union as a State, a petition is sent by the Territorial Legislature to Congress. If Congress thinks that the Territory has a sufficient number of people and are capa- ble of governing themselves as a State, it passes a law LESSON XXIX 157 giving to the voters of the Territory the right to elect members to a Constitutional Convention. The members of this convention meet and frame a constitution for the new State, and submit it to the voters of the Territory for their approval. If the proposed constitution receives a majority of the votes, it is sent to the President of the United States, who, if he finds in it nothing contrary to the spirit of our institutions or to the Constitution or laws of the land, issues a proclamation admitting the Territory into the Union as a State. Under their new State con- stitution the people have more of the rights of self-govern- ment than they had when they were a Territory. As a member of the Union, the new State shares in the election of a President, it sends two senators to the United States Senate and it is entitled to representation in the House of Representatives according to its population. Besides Alaska and the Indian Territory, the only Territories that now remain to be admitted are Arizona, New Mexico, and Oklahoma. Hawaii is governed by a special commission. (24) ** The Congress shall have pozver to make all laws zvhich shall he necessary and proper for carrying into execu- tion the foregoing powers . . . '* — This has been called the '* elastic clause " of the Constitution, because the words " necessary and proper " may be stretched to mean almost anything. Under this power Congress has passed laws that many people think it had no right to pass. The intention of the clause was to give Congress the right to pass such laws as were necessary to accom- plish the objects for which the Constitution was framed. LESSON XXX WHAT THE CONSTITUTION FORBIDS What Congress may not Do. — In order to guard the interests of the States, the framers of the Constitution were careful to mention certain things that the national government may not do. What these things are may be found in the ninth section of the first article of the Constitution. (i) Slavery, — The first prohibition refers to the impor- tation of slaves, but as slavery has been abolished we may pass this subject by. (See Article XIII. of the Amend- ments.) (2) The writ of habeas corpus shall not be suspended. (3) a. No bill of attainder sh3\\ be passed. This means that Congress may not condemn a person to death, or to outlawry and banishment, without opportunity for defend- ing himself in a court of law. b. No ex post facto law shall be passed. An ex post facto law establishes or increases the penalty of an act after it has been committed. For example, if Congress should pass a law establishing the penalty of death upon a man found guilty of counterfeiting money a year ago, such a law would be ex post facto, for at the time when the crime was committed the penalty for counterfeiting 158 LESSON XXX 159 was only fine and imprisonment. Let your teacher pass an ex post facto law, and you will readily see the wisdom of forbidding such laws. (4) ^^ No capitation or other direct tax shall be laid unless in proportion to the census or emirneration herein- before directed to be taken'' — This means that if Congress should pass a capitation, or poll tax, it must be the same in all States. If a direct tax on property should be laid by Congress, it would have to be apportioned among the States in proportion to their populations. Thus, if the United States Government should raise $35,000,000 by a direct tax, the property holders of Georgia would pay about $1,000,000 of the sum, for the population of this State is about one thirty-fifth of the entire population of the Union. (5) ''No tax or duty shall be laid on articles exported from any State, No preference shall be given by any regii- lation of commerce or revenue to the ports of one State over those of another'' — This clause compels Congress to treat all the States alike in the matter of indirect taxes. (6) " No money shall be drawn from the treasury but in C07isequence of appropriations made by law, and a regular statement and account of the receipts and expejtditures of all public money shall be published from time to time." — Not one dollar can be taken from the treasury until Congress has passed a law stating the uses to which it is to be put. (7) ''No title of nobility shall be granted by the United States." — Such titles as Prince, Duke, Earl, etc., are not in keeping with democratic government, and very properly they cannot be conferred by Congress. l6o LESSONS IN CIVICS (8) ^^ No person Jiolding any office of profit or trust . . . shall^ zvithoiU the consent of Congress, accept of any present y emolument, office , or title of any kind whatever, from a7iy king, prince, or foreign state.'' What a State may not Do. — The makers of the Con- stitution took the greatest pains to make clear the powers of the national government, and to define its relations to the State government. In section eight, of the first article, the Constitution tells what Congress may do; in section nine it states what Congress may not do ; in sec- tion ten it tells what a State may not do. You will notice that the things a State is forbidden to do are either the things that the national government is given the right to do, or they are those things that Congress is forbidden to do because it is not right that any government should do them. Thus, no State shall coin money, for it is the busi- ness of the United States to coin money; no State shall pass any ex post facto law, because such a law should not be passed by any government. The Fifteen Amendments. — Some of the most important provisions respecting the powers of the national govern- ment are to be found in the Amendments to the Constitu- tion. (In Article V. you may learn how the Constitution is amended.) The people of the States in the early years of our history were fearful lest the national government should have too much power, and they hastened to secure amendments that would preserve all needful rights to the States, and that would bind the hands of Congress if it attempted to encroach upon their rights. Of the fifteen LESSON XXX l6l amendments that have been made since 1789, ten were added within three years after the Constitution was adopted. These amendments should be studied care- fully, for they are really our national " Bill of Rights." The first amendment alone guarantees to citizens rights that are enjoyed fully in very few countries of the world. As you read these amendments and learn what are your rights under the Constitution, do not forget your duties. If it is your right to worship as you please, it is your duty not to persecute in any way those whose religion is differ- ent from your own; if it is your right to express your opinion freely, it is your duty to allow your neighbor to express his opinion without attempting to punish him for so doing. QUESTIONS FOR ORIGINAL WORK 1. Find authority in the Constitution for the following things that Congress has done : (a) It supports a National Museum. (d) It maintains a Naval Academy at Annapolis. (c) It appropriates money for the support of agricultural colleges. ((/) It supports life-saving stations along the seacoast. (e) It bought Louisiana of France and Alaska of Russia. (/) It appropriates money for the relief of sufferers in flooded districts. 2. Name some of the things Congress can do under the following powers : (a) Its power to declare war. (d) Its power to maintain a navy. (c) Its power to borrow money. (^) Its power to coin money. (e) Its power to admit Territories as States. (/) Its power to regulate commerce with foreign nations. (g) Its power to provide for the general welfare. LESS. IN CIV. — I I LESSON XXXI HOW THE PRESIDENT IS ELECTED ^' Sir, I would rather be right than be President.'" — Henry Clay. The Nomination of a President. — Article II. of the Constitution refers to the qualifications, election, and pow- ers of the President, the head of the executive department of the national government. How is this great official chosen } How do the 70,000,000 people of our great Re- public select one of their number as a ruler } As an intelligent citizen you should be able to give a clear an- swer to this question. The election of a President is conducted by political parties. Before a man can hope to be President, he must be named as the candidate of a great party. Among the millions of voters in a great political party, there are many public men who are eager to be its candidate for President. The first question to be answered then is : How is the presidential candidate of a political party elected } How, for illustration, does the Democratic party select its candi- date t The first step is taken several months before the election in November. In April or in May, the party holds its (i) Primary, or first election. At this election the Democratic voters of a township or of an election district, choose three or four or five of their number to go as dele- 162 LESSON XXXI 163 gates to a county Democratic convention. These delegates may go instructed to act in the interest of a certain man as the party candidate for President, or they may go free to act as their judgments direct. In a few days after the primary election the delegates from all the election districts of the county assemble (usually at the county seat) as the (2) Democratic County Convention, This body, consisting of thirty or forty men^ elects three or four or five delegates to go to a State Convention.^ If the majority of the dele- gates in the County Convention were in favor of a certain man for president, it is likely that the delegates of the State Convention will be in favor of the same man. A few weeks after the holding of the County Convention, dele- gates from all the counties assemble at some convenient place, as (3) Democratic State Convention. This body, consisting sometimes of several hundred men, passes reso- lutions expressing the political views of the party in the State, names its choice for presidential candidate — if it happens to have a choice — and elects delegates to the Democratic National Convention. The number of dele- gates sent to represent a State in the Democratic National Convention, is twice the number of the representatives of the State in the National Congress. For example, Cali- fornia, having seven members in the House of Representa- tives, and two members in the Senate, or nine in all, is entitled to eighteen delegates in the Democratic National Convention. By July or August all the State Conven- tions have been held, and delegates have been elected to ^ In a city each ward sends delegates to a city convention, and this body elects delegates to the State Convention. 1 64 LESSONS IN CIVICS the great (4) Democratic Natio7ial Convention. This body, consisting of nearly a thousand men, representing all parts of the country, meets in some convenient city in the cen- tral part of the United States. After several days of discussion, and after adopting a platform expressing the views of the party upon public questions, it elects the Democratic candidate for President and for Vice President. In almost the same way, beginning with the primary elec- tion, and advancing to the County, State, and National Conventions, the Republican Party and People's Party and Prohibition Party select their presidential candi- dates. Election of President. — After all the political parties have named their respective candidates, the campaign be- gins. Political meetings are held, at which orators set forth the claims of their candidates and defend the platform of their party ; in the cities processions march through the streets with great display of banners, torches, and fireworks, while bands of music play spirited airs ; everything that can be done to influence voters is done. The campaign continues until election day, the first Tuesday after the first Monday in November. On this day every fourth year about fifteen millions of citizens go to the polls to express their choice for President. But they do not vote for a President directly ; they vote for a set of men called Electors^ whose duty is to vote for a President and Vice President. Each State is entitled to a number of electors equal to the number of its senators and representatives in Congress. Delaware, having one representative and two senators, is entitled to three electors; New York, LESSON XXXI 165 having thirty-four representatives and two senators, is entitled to thirty-six electors. There are in all the States four hundred and forty-seven presidential electors. The names of the State electors of each party are printed on the ballot under the party name, and those who receive the highest number of votes are elected and are morally bound to vote for the candidate of the party that elected them. The successful electors of each State meet on the first Wednes- day in December following the election, and vote for President and Vice President. The result of this vote is sent in a sealed envelope to the President of the Senate at Washington. On the second Wednesday of the following February, the President of the Senate, in the presence of both Houses of Congress, opens the envelopes containing the electoral vote of the different States, and the votes are counted. The person who has a majority (224 or more) of the votes cast for President, is declared to be elected Pres- ident of the United States, and the person who has a majority of the votes cast for Vice President is declared to be elected Vice President of the United States. (See Con- stitution, Article XII. of Amendments.) It has happened twice in our history that no candidate had a majority of all the electoral votes. When this is the case the House of Representatives chooses a President and the Senate a Vice President. When electing a President, the House must choose from the three highest on the list of the per- sons voted for by the electors, and it must vote by States, the majority of representatives from each State casting one vote for their State, and the representatives of two thirds of the States must take part in the election. The 1 66 LESSONS IN CIVICS successful candidate must receive a majority of the votes of all the States. When the Senate is obliged to elect a Vice President, it proceeds on the same principles. Inauguration. — On the fourth of March the newly elected President and Vice President begin their duties. In the presence of a vast throng of citizens the Chief Jus- tice of the United States administers to the President- elect the following oath : " I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will, to the best of my ability, preserve, protect, and defend the Constitution of the United States." The President then delivers his inaugural address, from the eastern steps of the Capitol, outlining his policy and stating his ideas upon public questions. After this inaugu- ration he is driven to the executive mansion, generally known as the ''White House," where he resides during his term of office, and where you may some day see him and shake hands with him. EXERCISE (By examining Article II. of the Constitution, the pupil may learn how to fill the blanks properly.) Both President and Vice President hold their position for years. No person may be President who was not born in the , and who is not years of age at the time of his , and who has not been a resident within the for years. If a President should be re- moved from his office or should or or be to discharge the powers and duties of his , the position of shall be filled by the . The President receives a salary for his , but this • must not be or during his term of . He must not re- ceive any other compensation than his either from the j or any . LESSON XXXI 167 QUESTIONS FOR ORIGINAL WORK 1. What is the salary of the President? Of the Vice President? 2. Ought the President to be elected directly by the people? 3. How many Presidents have been elected a second time? What are the objections to electing a President for a third term ? 4. How many votes were cast for presidential electors at the last election? 5. Is it possible for a man to be elected president without receiving a majority of the votes of the people ? 6. What are the qualifications for the office of Vice President? LESSON XXXII THE PRESIDENT AND HIS CABINET "The President is strong because he represents the people." — Bryce. The Powers and Duties of the President. — The President does for the United States what a Governor does for one of the States — he takes care that the laws are faithfully- executed. His powers and duties are stated in the second and third sections of Article II. of the Constitution. He is commander in chief of all the troops in the service of the United States, although in times of war he may not appear personally upon the field of battle. He may pardon crimi- nals convicted for offenses committed against the United States. He may make a treaty with a foreign country providing two thirds of the members of the Senate vote for it. A treaty is an agreement between two nations to do or to refrain from doing certain things. It may be to make war upon a third nation, or to maintain peace, or to regu- late commerce or the carrying of mails, or for any other purpose. It is through treaties that the different nations of the world attempt to secure the good will of each other, and the responsibility of making them rests with the Presi- dent and the Senate. A most important duty of the Presi- dent is to select proper men to fill the many offices under the national government. However, as you see in the 1 68 LESSON XXXII 169 Constitution, many of the appointments made by the President must secure the consent of the Senate. When the Senate is not in session the President may fill a va- cancy without waiting for its consent. At the beginning of a session of Congress the President sends to that body a message^ in which he calls attention to the needs of the country and suggests such legislation as seems to him necessary. Congress is not obliged to follow the sugges- tions of the President's message any more than the Legis- lature of a State is obliged to follow the suggestions contained in a message from the Governor. When Con- gress is not in session and it seems necessary that certain laws should be passed as quickly as possible, the President may call an extra session, just as the Governor of a State may call an extra session of the Legislature. The Cabinet. — The President is responsible for the management of the entire business of the executive de- partment. This means that he is responsible for the man- agement of foreign affairs, which includes the making of treaties, the appointing of ministers and consuls to serve in foreign countries and instructing them in their duties, the reception of foreign ministers in Washington, the giving of passports to those who wish to travel abroad, the protec- tion of American citizens in other lands, and all other business that arises between our government and other governments. He is responsible for the collection of taxes and the expenditure of money appropriated by Congress and the management of the public debt ; for the manage- ment of the Indians, the sale of public lands, the payment of pensions, the taking of the census, the granting of patents; I/O LESSONS IN CIVICS for the management of the army with its officers and troops and forts and equipments and miUtary schools ; for the management of the navy with its fleets and forts and training schools ; for the management of the national courts with their marshals and attorneys ; for the man- agement of the vast business of the post office with its post office buildings and postmasters, letter carriers and clerks. Of course, the President cannot superintend all this busi- ness in person. Like the executive of any large govern- ment, like the Governor of a State or the Mayor of a city, he must have a body of able assistants. This business of the national government is divided into eight departments, and at the head of each department the President places a man who he thinks is competent to manage its affairs. The eight officers placed at the head of the great depart- ments are known as the Cabinet. The Cabinet is responsi- ble to the President, and whenever he wishes to confer with it or to get its advice, he summons it to the White House, where its meetings are held. No record is kept of the Cabinet meetings, and the public does not know what takes place at them. The President is not bound to act accord- ing to the wishes of the Cabinet, but it is not probable that he often acts contrary to its decision. The names of the departments with the titles of the Cabinet officers, are : (i) The Department of State, under the management of the Secretary of State, who is at the head of foreign affairs. (2) The Treasury Department, under the management of the Secretary of the Treasury. LESSON XXXII 171 (3) The Department of War, under the management of the Secretary of War. (4) The Post Office Department, under the management of the Postmaster-General. (5) The Department of the Navy, under the manage- ment of the Secretary of the Navy. (6) The Department of the Interior, under the manage- ment of the Secretary of the Interior, who has charge of Indian affairs, pensions, the census, patents, copyrights, the sale of public lands. (7) The Department of Justice, under the management of the Attorney-General, who gives the government written opinions upon questions of law and represents it in the national courts. His office is like that of the Attorney- General of a State. (8) The Department of Agriculture, under the manage- ment of the Secretary of Agriculture, whose duty is to promote the interest of farmers. The Civil Service. — In all the departments mentioned above, there are employed many assistants. In the Post office Department alone there are more than eighty thousand people employed in collecting, carrying, and dis- tributing the mail. All servants of the national govern- ment, except members of Congress, army and navy officers, and soldiers and sailors (in the naval service) belong to the Civil Service. The officials of a city or of a State are also members of the Civil Service. One of the questions you will have to decide when you become a voter is : How long shall an employee of the government hold his posi- 1/2 LESSONS IN CIVICS tion ? Shall he hold it as long as he performs his duties properly, or, shall he be removed when a new party or a new administration comes into power ? QUESTIONS FOR ORIGINAL WORK 1. Study sections two and three of the second article of the Con- stitution, and make out a list of the powers and duties of the President. 2. What is the salary of a Cabinet officer? 3. To what department of the national government would you take the following matters : (a) A claim for a pension. (d) A complaint against the post office. ' (c ) A request for a passport in foreign countries. (d) An application for admission to West Point. (e) An application for a patent. (/) A theft of United States bonds. {g) A request for information regarding the best method of curing a disease in cattle. 4. How would you proceed if you wished to get a position as a clerk in the customhouse? 5. What is meant by the words : " To the victors belong the spoils " ? 6. What is meant by " Civil Service Reform " ? 7. Are the people whom you know generally in favor of the merit system? LESSON XXXIII THE NATIONAL COURTS " The Supreme Court is the living voice of the Constitution, that is, of the will of the people expressed in the fundamental law they have enacted. It is the conscience of the people who have resolved to re- strain themselves from hasty or unjust action by placing their repre- sentatives under the restriction of a permanent law." — /^///^^ Bryce. The Kind of Cases tried in the National Courts. — The third article of the Constitution describes the powers and the nature of the judicial department of the national government. The courts of a State try those cases that arise under the laws and constitution of the State, while the courts of the general government try those cases that arise under the Constitution of the United States, and the laws passed by Congress. A man charged with the crime of burglary would be tried in one of the courts of the State in which the crime was committed ; for the laws against burglary are passed by the legislatures of the States. A man charged with counterfeiting money would be tried in one of the national courts ; for the laws against counter- feiting are passed by Congress. A person charged with breaking a street lamp would be tried in a State court, for his offense concerns a State ; but a person charged with robbing a letter box attached to a lamp-post, would be tried in a court, of the United States, for his offense con- 173 174 LESSONS IN CIVICS cerns the national government. Again, the national courts may try those cases that arise between citizens of different States, if either party to the case so desires. Also when a dispute arises between two States, it is settled, not in a State court, but in the national court. If such a case were left to the courts of one of the States to be decided, the other State, if the decision went against it, would in all probability be dissatisfied. Still another class of cases tried in the national courts consists of those in which one of the parties is a foreigner. If a foreign country has a grievance against one of the States it must try its case in the courts of the United States, for the nation and not the State is responsible to foreign gov- ernments. Likewise, if a citizen of another country has a grievance against a State, or against one of its citizens, he may bring suit in a national court. In the case of am- bassadors and their families and attendants, when any trouble arises, the matter must be taken directly to the Supreme Court of the United States. Under this rule, if a servant of an ambassador should steal a pound of sugar or should be charged with disorderly conduct, his case would have to be tried before the highest court of the United States. This great respect is shown to foreign ministers in order to avoid giving offense to the govern- ments which they represent. The Four Grades of National Courts. — For the trial of such cases as have just been mentioned, the government of the United States supports a system of courts somewhat similar to those supported by a State. The judges of all these courts are appointed by the President. The lowest LESSON XXXIII 17s court of the system is the (i) District Court, presided over by a District Judge. In every state there is at least one District Court. The larger States have two District Courts ; New York, Alabama, and Texas, have three each. Altogether there are sixty-seven District Courts in the United States. These lowest courts try all crimes com- mitted against the United States, except those punishable by death, and they try such civil cases as may properly be tried in national courts. When a case has been tried in the District Court and either of the parties to the case is not satisfied with the result, it may be taken, that is, ap- pealed, to either the Supreme Court of the United States, or to the Circuit Court of Appeals, a court established in 1 89 1 to relieve the heavy work of the Supreme Court. An appealed case is carried {a) to the Supreme Court, when it involves a question of jurisdiction, that is, a ques- tion as to what court the case ought to be tried in ; (b) when it involves the construction of the Constitution of the United States ; (6) when it involves a question of the con- stitutionality of a law, whether State or national ; {d) when it is a case of conviction for some great crime ; {e) when it involves the construction of a treaty. In other cases than those mentioned, an appeal must be taken from the Dis- trict Court to the Circuit Court of Appeals. Next to the District Court is the (2) Circuit Court. There are nine Circuit Courts in the United States, and for each circuit there is a Circuit Judge. Each circuit in which a Circuit Court is estabUshed consists of several States. A justice of the Supreme Court, or a District Judge may be associ- ated with a Circuit Judge in holding court. Circuit Courts 176 LESSONS IN CIVICS try those civil cases where a sum of money greater than jJSsoo is involved. They also try those suits that arise under patent and copyright laws. An appeal from a de- cision in a Circuit Court is governed by the rules that are followed in an appeal from the District Court ; sometimes it will be taken to the Supreme Court, sometimes to the Circuit Court of Appeals. The Circuit Court itself never hears appeals. In each of the circuits in which a Circuit Court is held there is a (3) Circuit Court of Appeals. This court consists of three judges, one appointed expressly for the Appeal Court, one of the justices of the Supreme Court, and one of the judges of the District Court within the circuit. A dis- trict judge, however, who has tried a case in the District Court cannot sit at the trial of the same case in the Cir- cuit Court of Appeals. It is a general rule of justice that a judge who has taken part at the trial of a case in a lower court cannot take part in the trial of the same case in an upper court. The Circuit Court of Appeals tries only those cases that are brought to it upon appeal from the District Court and the Circuit Court. The highest court in the United States system is the (4) Supreme Court, which sits at Washington. It consists of a chief justice and eight associate justices. In cases affect- ing ambassadors and consuls, and those in which a State is a party, it has original jurisdiction. This means that these cases must be tried for the first time in the Supreme Court. The chief business of this great court, however, is to try the cases that are appealed to it from the lower courts. The Supreme Court is the most exalted and in LESSON XXXIII 177 some respects the most powerful body in the United States. It acts as the guardian of the Constitution. If Congress or the Legislature of a State passes a law that is unconstitutional, it declares that law null and void. If a State Court renders a decision that conflicts with the Con- stitution or with a law of the United States, the Supreme Court may overrule the decision. It may pass judgment upon all questions of law or of fact that are appealed to it and that it chooses to consider. Note. — The salaries of the principal officers of the National Gov- ernment are as follows : President $50,000 Vice President • 8,000 Members of the Cabinet 8,000 Chief Justice of Supreme Court 10,500 Associate Justices of Supreme Court .... 10,000 Judges of Circuit Courts 6,000 Judges of District Courts 5,000 Representatives 5,000 Senators 5,000 QUESTIONS 1. Name three of the most important decisions that have been made by tlie Supreme Court in the history of our country. 2. Name two of the most celebrated men who have served as Chief Justices of the Supreme Court. 3. Study the third article of the Constitution for answers to the following questions : (a) How long does a judge of a federal court hold office? (<^) Can Congress reduce the salaries of the present judges? (c) In what court would a charge against a consul of a foreign coun- try be brought ? (d) In what court would a man be tried for robbing a post office? LESS. IN CIV. — 12 178 LESSONS IN CIVICS (e) In what court would a suit between a State and a citizen of a foreign country be tried? 4. Use the words "State" and "federal" properly in the following passage : "There are less than a hundred judges, and there are many thousands of judicial officers. A large majority of the cases at law are tried in courts. If only laws are involved in the case, the courts can have nothing to do with it. Ordinary crimes, such as assault, theft, and murder, can be tried only in courts. In like manner nearly all cases arising in the administration of school laws, laws concerning paupers, highways, taxation, the laws for the gov- ernment of cities and the holding of elections, are triable in the courts alone. It is only when some provision of the constitution, or some act of the United States Government is involved that a court can act." — Macy. LESSON XXXIV POLITICAL PARTIES "A political party is a body of men united for promoting by their joint endeavors the national interest upon some particular principle in which they are all agreed. Party division, whether in the whole oper- ating for good or evil, are things inseparable from free government." — Edmtuid Biirke, What Political Parties are for. — In the lesson about the election of a President, it was said that no one can hope to be chosen to that high office unless he is first the choice of a great political party. What is true of the highest officer is for the most part true of the lowest. If a man wishes to be elected to an office, whether of the city or county, or State, or nation, he must secure his election through a party. Moreover, if a citizen, or a large num- ber of citizens, wish certain laws to be passed, or desire the government to adopt a certain policy, they must rely upon a party to bring about what they wish. If there is no party in existence that will aid them in securing what they wish, they must form a party of their own. How may they do this '^. Let us, for illustration, suppose that a large number of people believe that war is always wrong, and that our government should make no further prepara- tion for war, that the land forces should be disbanded, that the ships of the navy should be disarmed, and that 179 l8o LESSONS IN CIVICS the military and naval schools should be closed. At pres- ent there is no party that looks with favor upon such views. Our peace-loving citizens, if they wish the govern- ment to adopt their policy, must form a party of their own and through this party get control of the machinery of government. In order to do this they will have to organ- ise, that is, they will have to form in bodies, elect officers, and agree upon certain lines of action, and appoint com- mittees to do certain things. All great parties are thor- oughly organized. In every township, ward, county, and State, there are regularly chosen permanent committees to whom certain party work is given to be done, and by whom the life of the party is sustained from election to election. We have seen how the great task of nominating a President is accomplished through party organization. The citizens of a city or of a State, then, who are most enthusiastic for peace will organize. They will meet and form a peace society, electing officers, enrolling members, and taking measures to secure new members. Similar societies will soon be formed in other States. If the peace sentiment in the country is quite strong, and these peace societies are quite numerous, it will not be long before the different societies will send delegates or representatives to a general association or convention. This convention may decide to enter politics. If so, it will state its politi- cal principles in a declaration called a platform, and will nominate candidates for office who are favorable to a policy of peace. In this way a new political party, a peace party, will be formed. Everybody who believes that government should pursue a policy of peace will now LESSON XXXI V l8l have an opportunity to express his views by voting for the candidates of the new party. If these candidates shall receive a number of votes sufficient to elect them, they will become a part of the government, and they will be morally bound to carry out, as far as they are able, the principles of the party that elected them. Thus, it is through party organization that the will of the people is expressed, and thus far no other way of expressing that will has been discovered. The Choice of a Party. — Every young man upon com- ing of age is called upon to vote for one of the great parties. Of course he will wish to vote for the best party. How shall he decide which is the best.? He should not vote for a party merely because his father votes for it, or because he hopes to secure an office at its hands, but should vote for the one that he thinks will act for the best interest of the country. He should make a careful study of the history and principles of all the great political parties, and learn what each has already done for the country, and what each proposes to do, and then decide for himself which one he will vote for. The principles of party may be found in its platform. A very good way for a young man to choose his party would be for him to decide (without having the party name before him) which of the platforms of the great political parties contains the best principles, and choose the party that declares for those principles, no matter what may be its name. Loyalty to Party. — After a man has voted for and worked with the same political party for some years he becomes attached to it, and it is difficult, sometimes, for 1 82 LESSONS IN CIVICS him to vote for any other party. He becomes a party man — a partisan. If he leaves his party he is pretty sure to offend his party associates, who call him traitor or mugwump, or some other harsh name. Yet there are times when it is the duty of a good citizen to vote against his party. When he believes the principles of his party are no longer good for his country, or when he is asked by it to vote for dishonest or dangerous or incompetent men, it is his plain duty to refuse to do so. In such a case he is called upon to decide, not between one party and another, but between a party and his country. It is a question of patriotism, or love of country. In times of war a man's love for his country is tested by his willing- ness to fight and die for it, but in times of peace his pa- triotism is tested by his willingness to vote right, whatever may be his interests or prejudices, or party ties.^ 1 An excellent history of parties is Johnston's " American Politics.'' INDEX INDEX Administrator, 85 Admission of States, 156 Admitted States, 106 Age of Voters, 45 Agriculture, Department of, 171 Aldermen, 98 Aliens, 39 Naturalization of, 40, 47 Amendments to Constitution, 160 to State Constitution, ill to a Bill, 120 Appeal of Cases, 136 Appeals, Circuit Court of, 175, 176 Court of, 136 Apportionment to House of Represen- tatives, 146 to State Legislature, 116 Appropriations, 159 Armies, Power of Congress to raise, 154 Articles of Confederation, 139 Assembly, 115 Assessors, 62 of Town, 79 of Township, 91 Assistance of Parents, 24 Attendance of Pupils, 34 Attorney-General, 130 Attorney, State's, 87 Auditor of County, 86 of Township, 91 Australian System, 51, 52 B Bail, 133 Ballot, 51 Bankruptcy, 151 Bill, Amendment to, 120 of Rights, 109, i6l Passage of, 1 19-122 Readings of, 120 Board of Aldermen, 98 of Education, 30 Borough, 95 Bribery, 52, 57 By-laws, 78 Cabinet, 169 Campaign, Political, 164 Capital, 114 Capitol, 114 Capitation Tax, 159 Cases, Civil, 136 Criminal, 136 Census, 116 Chairman of Senate, 118 Charter, Definition of, 96 Village, 95 185 1 86 INDEX Children, Support of, 22 Circuit Court, 133 of Appeals, 175,176 United States, 175 Cities, Growth of, 93 Citizen, Meaning of, 39 Citizens, Rights of, 41-60 Citizenship, 38 City Council, 98, 99 Courts, loi Government, 98-101, 102 Hall, 98 Civil Cases, 136 Rights, 41 Service, 171 Clerk of County Court, 85 Town, 79 Township, 90 Collector of Taxes, 63, 86, 91 Colonies, Government of, 104 Columbia, District of, 155 Commerce regulated by Congress, 151 Commissioners, County, 83 District of Columbia, 155 Committee of Legislature, 117 of School, 30 Common Pleas, Court of, loi Commutation, Power of, 127 Comptroller, 129 Conduct of Pupils, 33 Confederation, Articles of, 139 Weakness of, 140 Congressional District, 146 Congress, 145-161 Branches of, 145 Election of President by, 165 Extra Session of, 169 Power of, 145-157 to admit New States, 156 to constitute Courts, 154 Congress, to call forth Militia, 155 to discipline Militia, 155 to establish Post Office, 153 to establish Post Roads, 153 to govern Territories, 156 to punish Piracy, 154 to regulate Election of President, 156 Time and Place of Meeting, 145 Constables, 80, 91 Constitution, Meaning of word, 108 Amendment to State, in Amendment to, 160 Adoption of, 142 Description of, 109 of the State, 108-112 United States, 144-176 Formation of, 144 Constitutional Convention, 1 10 Constitutional Convention of 1787, 141 Constitutional, the word discussed, 112 Control of Self, 1 7 Convention, Constitutional, 1 10 County, 163 National, 163 of 1787, 141 State, 163 Copyright, 153 Coroner of County, 86 Counterfeiting, Punishment of, 152 County Government, 82-87 Auditor, 86 Commissioners, 83 Convention, 163 Coroner, 86 Officers, 83-87 School Board, 87 Seat, 83 INDEX 187 County Treasurer, 86 of Virginia, 82 Court of Appeals, 136 Circuit, 133 City, 1 01 Common Pleas, loi Criminal, loi Justice of Peace, 132 National, 173-176 Orphans', 85 Police, loi Supreme, of State, 136 United States District, 175 United States Circuit, 175 United States Circuit, of Appeals, 176 United States Supreme, 176 Criminals, 48 Criminal Courts, loi D Declaration of Rights, 109 Defendant, 135 Defense of Country, 57 of Self, 42 Delegates, House of, 115 Democracy, 72 Democracy, Representative, 72 Departments of Agriculture, 171 City, 100 Government, 73 Interior, 171 Judiciary, 132 Justice, 171 Navy, 171 State, 170 War, 171 District, Congressional, 146 District Court, 133 District Court of United States, 175 School, 29 Divorce, 25 Domain, Eminent, 69 Duties and Excises, 66 Duties of Parent, 22 Pupils, 35, 36 School Officers, 31 Teachers, 31, 35, 36 Duty, 56 Education of Children, 23 a Qualification of Voting, 47 "Elastic Clause," 157 Election by Plurality, 53 how conducted, 50 of Members of Legislature, 115 Primary, 162 of President, 162 of President by Congress, 165 Election, Officers of Township, 92 Electors, 45 Eminent Domain, 69 Examiners of Schools, 87 Excises, 66 Executive Department of Government, 73 Officers of State, 128-130 Attorney-General, 130 Comptroller, 129 Treasurer, 129 Superintendent of Schools, 130 Exemption, 64 Exports, Tax on, 159 Ex post facto Law, 158 Extra Session of Congress, 169 of State Legislature, 127 1 88 INDEX Family, 21-28 Government, 22, 28 in Ancient Times, 21 Father, Power of, 21 Fees, 68 Fence Viewers, 80 Field Drivers, 80 Franchises, 68 Functions of City Government, loi Government City, 98-102 Colonial, 104 County, 82-87 Departments of, 73 Family, 22-28 Local, 139 Meaning of word, 13 Necessity of, 15 Representative, 71 of Self, 17, 19 of Schools, 29-37 of the State, 103-136 Study of, 13 Town, 75-81 Township, 89-92 Governor of a State, 126-128 Extent of Power of, 128 Message of, 127 Powers of, 126 Veto, 121 Grand Jury, 134 H Habeas Corpus, 43, 158 Suspension of, 43 Honesty in Public Office, 99, 124 House of Delegates, 115 House of Representatives, 115, 146 Husband, 25 I Idiots, 48 Impeachment, 130 Inauguration of President, 166 Income Tax, 67 Indictment, 134 Interior, Department of, 171 J Journal of House of Representatives, 117 Judge, Circuit, 134 of Elections, 50 Judicial Department, 73 of State, 132 of Nation, 173-177 Jurisdiction, Original, 176 Jury, Grand, 134 Jury, Petit, 135 Justice, Department of, 171 of Peace, 132 Law, how made, 119-122 How passed in Congress, 147 Made by State Legislature, 123 Nature of, 15 Obedience to, 56 Legislative Department, 73 Legislature of State, 1 14-124 Election of Members, 115 Organization of, 117 Liberty, Personal, 42 INDEX 189 Licenses, 68 Lieutenant Governor, 118, 128 Living, Earning a, 58 Local Self-government, 139 Loyalty to Party, 181 M Majority, 53 Marque and Reprisal, 154 Marriage, 25 Mayor, Duties of, 100 Message of Governor, 127 of President, 169 Militia of a State, 155 Power of Congress to call forth, 155 Mistress and Servant, 27 Money, Povv^er of Congress to coin and to borrow, 152 N National Convention, 164 National Courts, Cases tried in, 173 Four Grades of, 174 National Government, 138 Naturalization of Aliens, 40, 47 Regulated by Congress, 151 Navy, Department of, 171 Maintained by Congress, 155 Nobility, Title of, 159 Nomination of President, 162 Obedience to Law, 56 of Children, 23 Office, Right of holding, 53 Officers, County, 83-87 State, 126-130 Officers, Town, 78-80 Township, 90-92 Ordinance, 98 Organization of Parties, 180 of State Legislature, 117 Original Jurisdiction, 176 Orphans' Court, 85 Overseers of Poor of Town, 79 of Township, 92 Pardon, Power of, 127 Parents, Duties of, 22 Rights of, 23 Parties, Organization of, 180 Political, 179-182 Partizanship, 182 Party, Choice of, 181 Loyalty to, i8i. Patents, 153 Paupers, 48 Personal Security, 41 Petit Jury, 135 Piracy, punished by Congress, 154 Plaintiff, 135 Platform, Party, 180 Political, 164 Plea of Prisoner, 135 Pleas, Court of Common, loi Plurality, 53 Police Courts, loi Police Justices, loi Political Campaign, 164 Parties, 179-182 Questions, 59 Rights, 41 Polling Booth, 51 Polls, 50 I go INDEX Poll Tax, 46, 68, 159 Posse Comitatus, 85 Post Office Department, 171 Post Roads, 153 Powers of Congress, 149-157 of Governor, 126 of State Legislature, 123 Preamble to Constitution, 144 Presents from Foreign Sources, 160 President, how elected, 162-166 President, Inauguration of, 166 Message of, 169 Nomination of, 162 Powers and Duties of, 168 Veto, Power of, 148 Who succeeds, 156 Primary Election, 162 Progressive Income Tax, 67 Property, Personal, 61 Private, 44 Qualification of Voting, 46 Real, 61 Pupils, Attendance of, 34 Conduct of, 33 Duties of, 35, 36 Rules for, 33 Qualifications of U. S. Senator, 148 of Voters, 45 Quorum, 117 R Reading of a Bill, 120 Registration of Wills, 86 Registrars, 48 Registration, 48 Representation, 72 Representation, Method of, 116 in National Congress, 146 of Towns, 81 Reprieve, Power of, 127 Reputation, 42 Residence of Voters, 46 Rights, Civil, 41 of Holding Office, 53 Political, 41 Private Property, 44 S School Board, 87 Committee, 30, 31 Directors, 30 Directors, Township, 90 District, 29 Government of, 29 Officers, 30 Superintendents, 87 Trustees, 30 Visitors, 30 Secretary of State, 129 Security of Person, 41 Selectmen, 78 Self-control, 17 Cultivation of, 18 Self-government, 70, 71 Self-respect, 19 Senate of State, 115 of United States, 147 Senator, State, 115 of United States, 147 Sergeant-at-Arms, 117 Servants and Mistress, 27 Servants, Rights of, 26 Treatment of, 26 Service of Children, 23 Service, The Civil, 171 INDEX 191 Session, Extra, 127 Sex of Voters, 46 Share of Taxes, 62 Sheriff, 84 Slander, 42 Slavery, 158 Speaker of House of Representatives, "7. 147 State, Beginnings of the, 105 Constitution of, described, 109 Government, Importance of, 138 State Legislature, 1 14-124 Honesty in, 124 Powers of, 123 Two Branches of, 114 What forbidden to do, 160 State Senate, 115 State Senators, 115 States admitted, 106 States, Thirteen original, 104 State's Attorney, 87 Studies, Course of, 34 Suffrage, Right of, 45 Superior Court, 133 Superintendent of Public School, 87, 130 Supervisors of Townships, 90 Supreme Court of State, 136 of United States, 176 Surveyors of Highways, 80 Suspension of Habeas Corpus, 43 Tardiness, 33 Taxation, 61-69 Indirect, 66 Property, Exempt from, 64 Tax, Assessor, 62 Capitation, 159 Tax Collector, 63 Collector of Township, 91 Defined, 61 Direct, 159 Dodgers, 64 Taxes, Power of Congress to Collect, 150 Taxpayer's Share, 62 Teacher, Duties of, 31, 35, 36. Territories, How governed, 157 Town, 75-81, 95 n. Clerk, 79 Constables, 80 Government, 75 Hall, 77 House, 77 Meeting, 77 Officers, 78-80 School Committee, 79 Selectmen, 78 Support of Schools, 79 Township, 89-92 Assessors, 91 Auditor, 91 Clerk, 90 Election Officers, 92 Government, 89 Justice of the Peace, 91 Officers, 90-92 Overseers of Poor, 92 School Directors, 90 Treasurer of County, 86 of State, 129 of Town, 79 Treasury Department, 170 Treaties, 168 Truancy, 34 Trustees of the School, 30 of Township, 90 Tun Moot, 75 192 INDEX U United States, Begkinings of, 138-143 Congress, 144-157 Senator, 147 " Unconstitutional," Meaning of the word, 112 Verdict, 135 Veto of Governor, 121 of Mayor, 100 of President, 148 Village Charter, 95 Government, 93 Virginia, the County, 82 Visitors of School, 30 Voters, Qualifications of, 45 Residence of, 46 Sex of, 46 Who are, 45 Voting, Methods of, 52 W War, 57 Declared by Congress, 154 Department of, 171 Warrant, Definition of, 92 Washington, Government of, 155 Weights and Measures, 152 Wife, 25 Rights of, 26 Wills, Register of, 86 Writ, 91 TYPOGRAPHY BY J. 8. GUSHING & CO., NORWOOD, MASS. UNIVERSITY OF CALIFORNIA LIBRARY BERKELEY Return to desk from which borrowed. This book is DUE on the last date stamped below. 27M49h£ T/;>. 7 LD 21-100m-9,'48(B399sl6)476 PormAr, S ?5»Dyt) f P72 First : Lessons in 1698 X ■ -^ 885967 T THE UNIVERSITY OF CALIFORNIA LIBRARY