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Title: Our Government: Local, State, and National: Idaho Edition
Author: J.A. James
Release Date: July 20, 2004 [EBook #12968]
Language: English
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OUR GOVERNMENT
LOCAL, STATE, AND NATIONAL
BY
J.A. James, Ph.D.
Professor of History in Northwestern University
AND
A.H. Sanford, M.A.
Professor of History, State Normal School, La Crosse, Wisconsin
1903, 1913
Charles Scribner's Sons
PREFACE
The subject matter herewith presented partially represents the plan
pursued by the authors as teachers of civil government for a number of
years in high school, academy, and normal school. It has been found that
a study of the methods by which the affairs of government are conducted
gives constant interest to the work, and, consequently, the practical
side of government has been emphasized. But while our desire has been to
bring the actual working of the institutions under which the student
lives into prominence, we have also attempted to give such accounts of
the origin and early development of forms of government as will assist
in explaining their process of growth. The plan of discussion is similar
to that followed in "Government in State and Nation." The general favor
with which that text has been received leads to the belief that it fully
meets the requirement of the Committee of Five for such schools as
present civil government in the third or fourth year of the course. In
many cases, however, the subject is taught earlier in the course, and
the present work has been prepared in answer to the requests of teachers
for a text suitable to this class of students.
The arrangement is such that either Local (Part I), National (Part II),
or State Government (Part III) may be studied first. In the work on
local and State government it is not expected that the student will
_learn_ all of the different practices found in the various States, but
that he will compare them with those of his own State.
While some of the discussions and many of the suggestive questions are
intended to make students realize more completely their duties as
citizens, many more having a local bearing will occur to teachers. It is
scarcely to be hoped that all of the books and magazines mentioned will
be found in any high school library, but the need for supplementary
reading is being met through the rapid increase of public libraries. A
working-library on the subject of civics may be accumulated in a short
time if only a few of the books given in Appendix D are procured each
year. No attempt has been made to give references to all of the material
which has appeared within the past few years.
The ability of the reader and the time to be devoted to the subject have
been kept constantly in mind. There may be more supplementary questions
and references than can be used by any one class. Should it happen, on
the other hand, that more work of this character is desired, the need
may be met by reference to similar questions in "Government in State and
Nation."
In preparing this new edition, we take the opportunity of acknowledging
the assistance given by many teachers of civics, strangers to us, who
are using "Government in State and Nation," and others who are using
"Our Government," for their helpful suggestions.
EVANSTON, ILLINOIS,
July 1, 1913.
CONTENTS
PART I.
I. THE WORK OF LOCAL GOVERNMENT
II. COUNTY GOVERNMENT
III. THE ORIGIN OF LOCAL GOVERNMENTS.
IV. THE GOVERNMENT OF CITIES
PART II.
V. EVENTS LEADING TO THE FORMATION OF THE UNION
VI. THE CONSTITUTIONAL CONVENTION
VII. ORGANIZATION OF THE LEGISLATIVE DEPARTMENT
VIII. POWERS AND DUTIES OF THE SEPARATE HOUSES
IX. HOW LAWS ARE MADE BY CONGRESS
X. SOME IMPORTANT POWERS OF CONGRESS
XI. OTHER GENERAL POWERS OF CONGRESS
XII. POWERS DENIED THE UNITED STATES AND THE SEVERAL STATES
XIII. THE EXECUTIVE DEPARTMENT
XIV. POWERS AND DUTIES OF THE PRESIDENT
XV. THE CABINET
XVI. THE NATIONAL JUDICIARY
XVII. TERRITORIES AND PUBLIC LANDS
XVIII. AMENDMENTS TO THE CONSTITUTION
XIX. THE GOVERNMENTS OF THE WORLD
APPENDIX.
A. CONSTITUTION OF THE UNITED STATES
B. THE ARTICLES OF CONFEDERATION
C. REFERENCE BOOKS
INDEX
PART I.
LOCAL GOVERNMENTS.
CHAPTER I.
THE WORK OF LOCAL GOVERNMENT.
The Preservation of Order.--The first and most important work of
any government is the preservation of order. We think of this function
most frequently as exercised in the arrest of offenders who violate the
law. In fact, most young persons receive their earliest ideas of
government by seeing the policeman, or constable, who stands for the
authority of the government. But he is not the only officer who is
concerned in preserving order. The police officer who makes an arrest
cannot punish his prisoner, but must merely hold him until it is decided
that he deserves punishment. This is the work of a court, with its
justice, or judge, and the jury. If the prisoner is declared guilty,
then the police officer executes the orders of the court by collecting a
fine or by imprisoning him. We have here illustrated two divisions of
governmental authority: (1) the _judicial_, which decides whether the
law applies in particular cases; and (2) the _executive_, which carries
out the requirements of the law and the orders of the court.
Law-Making.--The executive and the judicial officers are both
subject to higher authority: the one applies and the other executes _the
law_. The framing of the law is the third function of government. This
work is called _legislation_, and is carried on by such bodies as the
town board, the village board, and the city council. But these
law-making bodies do not have independent authority; they are bound more
or less strictly by the opinions of those who elected them to office;
i.e., the body of voters.
The Three Divisions of Government.--We say, then, that in our
country government is based finally upon _the will of the people_. For
the expression of their will they choose numerous officers, who may be
grouped under three heads, corresponding to the general divisions of
government: legislative, executive, and judicial.
Just as it would be impossible for all the voters to take part in
applying or interpreting the law, so it is in most cases impossible
for them to assemble in a body and make the laws. They generally
delegate this work to legislators; but in some States the voters of
a town (or township) assemble yearly in town meeting, where all may
take part in discussion and in voting.
Roads and Streets.--The preservation of order is but one of the
functions of government. In towns where the population is scattered,
roads must be built, and it is still more necessary that in villages and
cities, where many people live within a small area, streets should be
graded and paved and sidewalks maintained. This is an illustration of
the way in which, through the machinery of government, people provide
themselves with many conveniences that it would be impossible for each
citizen to provide for himself. The legislative bodies already mentioned
determine the extent to which these things shall be done: the town board
orders the laying out of a new road; the village board or the city
council passes ordinances saying what streets shall be paved and what
materials shall be used in the work.
Executive Officers, General and Special.--The actual execution of
the work involved in public improvements is generally in charge of a
special officer, such as the road or street commissioner. But since
there are many other matters of public concern that require attention,
each under the control of an executive officer, it is necessary that a
general officer should be in authority over all of these as the _chief
executive_ of the local government. This officer is known by various
titles, as, in the town, the _chairman_, in the village, the
_president_, and in the city, the _mayor_. In any case, he has all or
most of the important executive work of government under his control. It
is his duty to see that the laws are obeyed, so the police officers are
subject to his orders. The chief executive is guardian of the people's
interests; for he must see that the minor officers do not injure the
public welfare by neglect of duty, and he must defend the public from
all persons who would encroach upon its rights.
Let us now consider some of the other ordinary functions of local
government.
The Poor.--Poor relief may be mentioned first. How much aid shall
be granted to paupers, and how shall it be distributed, are questions
that everywhere require attention.
Public Health.--Public health is also an important subject upon
which local laws must been enacted. In cities, particularly, the council
passes strict regulations for preventing diseases and for checking the
spread of such as are contagious. City ordinances are also enacted
regulating the construction of sewers and drains. The health
commissioner and the city physicians are the particular officers who
direct the execution of laws upon these subjects.
Education.--Public education is among the most important of the
local government's functions. The free schools which exist everywhere in
our country are supported and controlled chiefly by the towns, villages,
and cities. In many States, however, there are other divisions, called
school districts, which have boards and officers for this purpose.
Other Necessary Functions.--Protection from fire is so important in
communities where population is dense that special officers and
apparatus must be provided. So, too, streets must be lighted, and a pure
water-supply provided.
Parks, Museums, and Libraries.--Besides the functions of government
that are readily seen to be necessary, there are others which may not at
first appear to be so. We have cities providing parks, with beautiful
lawns and flower-gardens; museums, where articles of historical and
scientific interest are kept; aquariums and zoological gardens;
libraries, with books, magazines, and papers for the free use of all
citizens. If one looks closely, he will see a reason in each case why
the government undertakes these various enterprises.
Why Taxes Are Levied.--We have now to consider a power of
government, without which none of the others so far named could be
exercised. This is the taxing power. In every case money must be used by
local governments in exercising their functions. Officers, who are
agents of the people, depend largely upon taxes for their salaries.
Taxes are levied by the legislative bodies that we have found in towns,
villages, and cities. Other officers, _assessors_ and _treasurers_,
determine the amount to be paid by each citizen and collect the taxes.
The treasurer also has charge of public money, and pays it out when
ordered to do so by the proper authorities.
All of the operations of government are matters of record. While each
officer is expected to keep strict account of the operations of his own
department, the general records of towns, villages, and cities are kept
by the _clerks_.
This general view of local governments may now be summarized in two
forms:--
I. THE FUNCTIONS OF LOCAL GOVERNMENT.
1. _Protection_:--
The preservation of order.
Protection against fire.
Protection of public health.
2. _Providing Necessities and Conveniences_:--
Roads--Streets--Sidewalks.
Water--Lights--Sewers.
Poor relief--Education.
Parks--Libraries--Museums.
II. OFFICERS OF LOCAL GOVERNMENT.[1]
TOWN. VILLAGE. CITY.
Board Board Council
Chairman President Mayor
Clerk Clerk Clerk
Treasurer Treasurer Treasurer
Assessors Assessors Assessors
Constables Constables Police
Road Commissioner Street Commissioner Street Commissioner
Justices Justices Justices
[Footnote 1: The list here given is not complete, and the official
titles are not the same in all States.]
SUPPLEMENTARY QUESTIONS.
Make a study of your local (town, village, or city) government.
1. Group the officers as legislative, executive, and judicial,
respectively.
2. How many different methods are used in paying these officers?
3. Do all the voters ever assemble to make laws? If not, how is the will
of the majority expressed?
4. What are some of the local regulations regarding the poor?[2] public
health? protection from fire?
[Footnote 2: For a general account under this topic, see James and
Sanford, "Government in State and Nation," Chapter VIII. Health
regulations are discussed in the same work, pp. 70-72.]
5. Who pays for the education that young people receive in the public
schools?
6. How much has your local government done toward furnishing things that
are not merely conveniences? How do you justify expenditures for these
purposes?
7. Does the management of local government excite as much interest among
the citizens as it should?
8. In what ways are students directly interested in having efficient
local governments?
CHAPTER II.
COUNTY GOVERNMENT.
Why There Are Counties.--If the local organizations discussed in
Chapter I could attend to all the interests that citizens have in
common, then government would be a much simpler matter than it is. But
just as almost every citizen has business and social relations outside
of the neighborhood in which he lives, so different communities must
have political relations with each other if they are to live in harmony.
(For this and other reasons, which we shall learn presently, county
governments are established. Their organization and functions correspond
quite closely to those of the towns, villages, and smaller cities.)
Important County Officers.--The local governments cannot undertake
alone the preservation of order or the protection of citizens against
criminals. We have, consequently, an important officer, the _sheriff_,
who with his deputies has power to make arrests. There is also the
judicial side of county governments, seen in the _court_, with its
judge. In this court another county officer, called the _district_ or
_State's attorney_, prosecutes persons who are accused of crime; i.e.,
he finds evidence of the prisoner's guilt and causes this evidence to be
given by witnesses at the trial.
Functions of County Government.--Public highways are also matters
of more than local interest. When an expensive bridge is to be built, or
an important road in which several communities are interested is to be
constructed, the county government can best raise the money and manage
the work. So, too, in caring for the poor, the county may aid the local
governments, or it may take entire charge of the paupers, and maintain a
poorhouse.
The County Board.--It is evident that there must be a legislative
body which shall determine the policy of the county in these matters.
This is the _county board_, or as it is called in some States, the
_county court_. In most States this body is composed of _commissioners_.
These are elected by either of two methods: (1) at large, when every
voter may vote for the entire number of commissioners; (2) they may be
elected from districts into which the county has been divided. In some
States the members of the county board are called _supervisors_, and
they represent the towns, villages, and wards of cities. Under this
system the county board is generally larger than under the commissioner
system. There is another difference between the two systems: in the
States that have county commissioners, the county government has a
larger number of functions than in the other States. That is, the county
government has almost entire control of such matters as roads and poor
relief, leaving the local governments with little authority in these
directions. On the other hand, where the supervisor system exists, the
towns and villages have chief authority in legislating upon these
matters, and the county assists or takes only such part as it finds
necessary for the general good.
Power of the Board.--The county board holds annual meetings and
makes laws for the county as a whole. It has charge of the county
property, including the court-house, jail, and poorhouse. Since it must
provide for the expense of maintaining these buildings, for the salaries
of county officers, and for other expenses connected with roads, poor,
and other county business, the board must also have the power of levying
taxes.
Superintendent of Schools.--Education is another function of
government which is not managed solely by the local units. There is a
county officer, called the _superintendent of schools_, who has
supervisory powers, and he usually examines teachers and certifies to
their qualifications.
Register of Deeds.--The _register of deeds_, or _recorder_, is a
county officer who keeps records of certain kinds. Among other things,
copies of deeds are registered or kept in his office. A person wishing
to buy real estate (i.e., houses or lands) may, by consulting the
records in this office, learn whether the owner has a clear title to the
property.
Coroner.--The _coroner_ has the duty of holding inquests when
persons meet death by violence or in some unexplained way. He may also
perform the duties of the sheriff when the latter cannot perform them.
Surveyor.--The county _surveyor_ makes surveys at the request of
public authorities, as well as for individuals. He keeps the official
records of the boundaries of farms and lots.
Clerk and Treasurer.--Of course the county must have its _clerk_
and _treasurer_, the officers whose duties are to keep the records and
to handle county moneys.
We may now pass in review the principal features of county government:--
I. LEGISLATIVE.
1. _County Boards_:--
Commissioner type
Supervisor type
2. _Functions_:--
County buildings
Poor--Education
Roads and bridges
Taxation
II. EXECUTIVE AND ADMINISTRATIVE OFFICERS.
Sheriff and Deputies
Clerk
Treasurer
Register of Deeds, or Recorder
Attorney
Superintendent of Schools
Coroner
Surveyor
(In some States, Assessors and Collectors of Taxes, and Auditors.)
III. JUDICIARY.
County Court
District Court
Relations of Local Officers to State Law.--There are other reasons
than those already given why States are divided into counties. One is
because, in the performance of their duties, the county officers act as
agents for the State; that is, they carry out the State law in their own
localities. For instance, criminals are brought to trial and punished
under State law, but it is administered by local or county officials. So
the surveyor, superintendent of schools, register of deeds, and other
officers act under State laws. While it seems best to have one general
law for the State upon important subjects, it is also the policy of our
government to intrust the execution of the law, in most cases, to local
rather than to State officials. These officers, being elected by the
people of the various localities, feel their responsibility more keenly
than if they obtained office by appointment from State authorities.
What has been said concerning the relation of the county to the State
government is true to a considerable extent concerning the town,
village, and city governments. Here, too, elections are held, taxes are
collected, and trials are conducted by local officers in accordance with
State law. Indeed, it is true that these local divisions owe their
existence to State law. Towns are laid out, villages and cities are
incorporated, in accordance with the provisions of laws enacted by State
legislatures. The State is the source of all the authority exercised by
the officers and governing bodies of these local governments.
SUPPLEMENTARY QUESTIONS.
Make a study of your county government.
1. Outline the officers in groups, as on p. 6.
2. Learn the important duties of each officer.
3. Are officers paid by fees or by salaries? Which is the better method?
4. What is the length of the term for which each county officer holds
his position?
5. How many members constitute the county board? Are they commissioners
or supervisors? When do the meetings of the board occur?
6. Obtain a copy of the county board's report and ascertain what
important business has been transacted.
7. What buildings has the county at the county seat? Does it own
property elsewhere?
8. What process is followed in laying out a new town? in the
incorporation of a village?
* * * * *
REFERENCES.
1. The functions of government. Hoxie, How the People Rule, 11-16.
Reinsch, Young Citizen's Reader, 31-46. Dole, Young Citizen, 73-92.
2. Towns and villages. Reinsch, 145-152. Hoxie, 42-63. Hill, Lessons for
Junior Citizens, 142-168.
3. County government. Reinsch, 163-166. Hoxie, 90-103.
CHAPTER III
THE ORIGIN OF LOCAL GOVERNMENTS.
The Source of Our Local Governments.--If we look further into the
systems of local government which have been described, we shall find
facts in the history of their origins which explain many of their
details. We shall now see how local government grew in the colonies, for
here we have the beginnings of the systems that are in operation to-day.
Everywhere in the colonies the English settlers brought to their new
homes the ancient customs of the mother-country. Differences in physical
geography, and in the character and motives of the colonists, caused
differences in the resulting local governments. This fact is best
illustrated by an account of what took place in New England and in
Virginia.
The Method of Settlement in New England.--These colonies were settled
by emigrants who came, in the main, from the same classes of Englishmen.
The New Englanders, however, were Puritans. The church and its services
were a very important part of their daily lives. The requirement of
church attendance was one reason for grouping their homes near the
meeting-house. Moreover, the region in which they settled had a stony
soil, difficult to cultivate. Their farms required careful cultivation,
and therefore could not be very large. The New Englander was content to
live near the coast. Means of traveling to the interior were not easy,
for the rivers, with few exceptions, were short and rapid. The sea
fisheries tempted the settlers to remain near the coast, and fishing,
with ship-building and commerce, became their important industries.
Town Meetings and Officers.--For these reasons New England was a
region of small farms and towns, and the local government which grew up
was adapted to these conditions. The voters of each town (or township)
met annually, or oftener, in "town meeting." Here their common local
affairs were discussed and regulated. The church, the schools, roads,
the poor, and many other matters were under the complete control of this
meeting, and of the officers elected by the assembled voters. These
officers were the selectmen,--which was a board having general
supervision of the town affairs,--the clerk, treasurer, assessors, fence
viewers, constables, and numerous others.
The County in New England.--Because the people lived in towns and
could most easily regulate their affairs through the machinery of town
government, they had no counties whatever at first; but these were soon
established, though merely for judicial purposes. The governor appointed
justices who held court in each county.
The leading features of New England local government, then, were (1)
its democratic character, seen particularly in the town meeting; and (2)
the fact that nearly all local affairs were managed by the town
government, leaving but one important function, and that judicial in its
nature, for the county.
The Settlement of Virginia.--In the colony of Virginia we find
conditions that bring about entirely different results in the
organization and workings of local government. Here the settlers were
not bound by religious or other ties into compact social bodies as the
Puritans were. Natural conditions in Virginia made it better for the
settlers to live apart, so that nearly all their attempts to form cities
and towns failed. The cultivation of tobacco, of course, explains this
to a large extent. The fertile soil and the ease of raising this product
led to the formation of large plantations. The broad rivers made
progress into the interior remarkably easy; and there seemed little
necessity for towns as shipping ports, because ocean vessels could stop
at the private wharves of the various plantations. The rich planters
were most prominent in the social and political life of the colony, and
local government fell under their control.
The Importance of the County.--Now, of the various local
organizations to which the Virginians had been accustomed in England,
the one best suited to their condition in the colony was the county. So
they copied the English county and made it their chief organ of local
government. The principal governing body was the _county court_,
composed of justices appointed at first by the governor of the colony.
The court had both legislative and judicial functions. It managed such
matters as roads, licenses, and taxation; it also tried civil and
criminal cases. Other county officers were the sheriff and the
lieutenant, the latter being commander of the militia.
The Parish and the Vestry.--That part of the Virginia local
government which corresponded to the New England town was the _parish_;
but it is apparent that few functions remained to be exercised in this,
their smallest political organization. The counties were generally
composed of several parishes. The governing body of each was the vestry;
it had charge of church affairs and of poor relief. The members of the
vestry and also the justices of the county court were not elected by the
people, as the town officers were in New England. On the contrary, both
the vestry and the county court filled vacancies in their own number,
without popular election.
This fact serves to illustrate the general truth that local government
was democratic in New England and aristocratic in Virginia; in the
former colony the mass of voters took part most actively in local
government, while in the latter a few men constituted the ruling class.
This does not mean that local affairs in Virginia were badly managed,
for the leading men were on the whole intelligent and public-spirited;
and in the years of the Revolution they were among the foremost in the
defense of American liberties. In New England, however, it was
noticeable that the mass of voters were intelligent and understood the
practical management of political affairs--a result which doubtless
came largely from their training in the town meeting.
The Three Types of Local Organization.--We have now seen that in
New England the town had the most important functions of local
government, and this is called, therefore, the _town type_; while in
Virginia the county had the greater share of governing powers, and there
we find the _county type_. Virginia influenced the colonies that lay
south of her, so that the county type was found also in the Carolinas
and Georgia. In the middle colonies there existed both counties and
towns, and here there was a much more equal division of powers between
these organizations. Hence we call theirs the _mixed_ or
_township-county type_ of local government.
Local Government in the West.--The people who migrated to the new
States west of the Alleghenies carried with them the forms of local
government which have just been described as growing up in the colonies.
This statement needs some modification, for nowhere in the West was the
pure town type adopted. Everywhere in the North we find the mixed type,
while the Southern States have, in general, the county type. In the
latter the county commissioners, elected at large or from precincts,
together with other county officers, exercise most of the local powers
of government.
Two Forms in the North.--In the greater number of the States that
have the mixed type, the county is governed by a board of commissioners
elected by either of the methods just mentioned as prevailing in the
South. In a few States (such as Michigan, Illinois, and Wisconsin), the
county board is composed of _supervisors_, who represent the towns,
villages, and wards of the county. Here we find the town meeting, copied
after that of New England or New York, and the town government has more
functions than in those States where commissioners compose the town
board.
Local Self-Government.--Such is the way in which local government
has come about in the various States of the Union. Rooted in the systems
that Englishmen have developed through the centuries, adapted to the new
life and the peculiar conditions of the colonial period, it has spread
with the population throughout the land. The management of local affairs
by the people and their chosen representatives is a sound principle of
government which holds a firm place in every part of our country.
* * * * *
SUPPLEMENTARY QUESTIONS AND REFERENCES.
1. Which type of local government exists in your State? Can you account
for its origin?
2. Is the system of local government uniform throughout your State? If
so, why is this true? If not, can you account for the lack of
uniformity?
CHAPTER IV.
THE GOVERNMENT OF CITIES.
The General Plan of City Government.--The general framework of city
government is not very different from that of the other governmental
divisions. There are the legislative, executive, and judicial
departments, whose organization and functions are stated in the
_charter_, or fundamental law of the city. The city legislature is the
_council_ or _board of aldermen_. In most cases this body is a single
house, though in some cities there are two houses. The members are
elected from the wards into which the city is divided. The council may
pass ordinances for the government of the city, but it is limited in the
extent of its powers by the terms of the city charter.
City Charters Granted by Legislatures.--The source of the charter
is the State legislature. In most States the constitution provides that
the legislature shall pass _general laws_ prescribing the framework of
all cities, or of the classes into which the cities of a State may be
divided, according to their population. These laws also contain
regulations that are safeguards against the abuses of municipal
government, such as heavy taxation and the accumulation of debts. The
requirement of general laws secures uniformity in the most important
features of city government, and it prevents the practice, which is
otherwise liable to prevail, of constant interference by State
legislatures in the affairs of certain cities. Such _special laws_
should be enacted with great caution, if at all; for when a legislature
regulates the affairs of a particular city, it too often does so at the
request of persons or corporations having advantages to gain at the
expense of the public.[3]
[Footnote 3: In some States where the constitutions require general laws
applying to classes of cities, single cities have been put in classes by
themselves; so the legislature has virtually governed them by special
laws.]
The Mayor.--The chief executive of the city is the mayor. He is the
head of the police department and has more or less authority over the
other administrative departments to be discussed later in this chapter.
In the cases of both mayor and aldermen, the facts concerning their
terms, salaries, and other details vary so greatly in different cities
that no general description is possible.
The city judiciary includes the ordinary State courts and also special
or municipal courts of various degrees.
Other City Officials.--Besides the officers enumerated, every city
has its clerk, treasurer, attorney, and assessors. The auditor, or
comptroller, is an important official who controls city finances.
Administrative Departments.--The greatest difficulties of city
government arise in connection with the numerous administrative
departments; these are quite complex in their operation. In large cities
the number of officials and the variety of their duties render it almost
impossible for the average citizen to become informed concerning these
affairs; consequently, opportunities for fraud and mismanagement occur
frequently.
Why, it may be asked, is such complex machinery necessary in municipal
government? It is because social and industrial conditions (that is, the
circumstances under which men live and work) are quite different from
those that we find in towns and villages; and city government must be
adapted to these conditions.
Conditions Peculiar to City Life.--Let us notice some of the ways
in which this is true. (1) The mere fact that population is dense
increases the possibility that a citizen may interfere with the rights
of his neighbors even in the conduct of ordinary business. (2) There is
greater liability that public health and safety may be endangered, both
in the homes and in the shops and factories of cities, than in less
densely settled communities. (3) The opportunities for evil-doing and
for concealment that exist in cities draw to them a larger proportion of
the vicious classes who need control and suppression. (4) Finally, in
cities it is less easy than in the country for each family to supply
itself with certain conveniences, such as water, light, and
transportation; consequently, the government must regulate to some
extent the supply of these necessities.
These are some of the conditions that are peculiar to city life; and we
find here the reasons why the government in a city must undertake a
large number of functions. At every point the safety of the citizen and
his property must be guarded; and in a great many ways the conveniences
of life must be supplied by the city or under the control of city
officials. Thus we account for the fact that city government is
complex--the principal source of the difficulties and the evils that we
find in connection with administrative departments.
Fire and Police Departments.--The number and the organization of
administrative departments vary considerably in different cities.
Everywhere we find the police, fire, and health departments. Fire
departments are, as a rule, very efficient; for the citizens will not
allow laxness in the protection of their property. The efficiency of
police departments varies greatly in different cities. When the
selection of police officers is on a political basis, the standards are
apt to be low, and the police may then protect or even assist violators
of the law. Instances have been known where policemen received,
regularly, money payments from law-breakers whom they did not arrest.
The detection of this form of corruption is difficult; nevertheless, if
it continues, the people are evidently not awake to their own best
interests. In other cities, on the other hand, the police force is
maintained upon a high standard. Sometimes civil-service-reform methods
are used in the selection of policemen; the passing of an examination is
necessary for appointment. This, with a fair system of promotions,
should render a police force more like a military organization in its
relation to the enforcement of law.
The Health Department.--The department of public health has duties
that are of vital importance. Sewerage systems, sanitation, and the
water-supply are the chief objects of its inspection. Health officers
also have powers which enable them to detect and prohibit the sale of
impure foods. The milk-supply should receive its particular attention,
for the purity of this product is an important matter. The enforcement
of strict health regulations in the crowded tenement districts of large
cities is very difficult; but the neglect of these matters by city
officials is nothing less than criminal.
The Department of Streets.--This department, which has in charge
the construction of streets and pavements, affects the convenience of
every citizen. Here vast sums of money are expended, sometimes wisely,
and sometimes under the supervision of officials who are lacking in the
technical knowledge required by this kind of work. Opportunity for
dishonest handling of public money may be found in the letting of
contracts and in the purchase of supplies. Street-cleaning has received
comparatively little attention in American cities. In this respect we
are far behind many European cities. This is because the relation of
clean streets to public health, and to civic beauty, is not fully
appreciated by the average citizen of our country.
Public Charities.--The administration of public charities is
everywhere a difficult matter, and, naturally, its difficulty is
greatest in large cities, where we find the greatest number of those who
seek relief. Two problems confront the department of public charities:
(1) How can it distinguish between those who actually need assistance
and those who do not? (2)How can it help those who need assistance
temporarily, without weakening their desire to become self-supporting?
The same problems must be solved by the citizen in connection with his
private charities. In general, it may be said that charitable work is
best managed by private organizations, in charge of trained workers, who
can investigate all cases of application for aid.
The Public Schools.--Public education is another department of
municipal activity.[4] City governments spend great amounts of public
money for this purpose. The work of our educational institutions is
constantly being enlarged; courses in commerce, manual training, and
domestic science are intended to strengthen the practical side of
education. In some cities special schools are maintained for the
defective classes and for truants.
[Footnote 4: This subject is also treated in the chapter on Public
School Systems.]
Libraries, Parks, and Playgrounds.--The educational advantages
furnished by the city are not for the children alone. Public libraries
and museums serve adults as well. Recreation is provided by means of
parks, public playgrounds, and open-air gymnasiums. These will become
more common when their educational influence is more fully understood.
Committees or Boards.--The important questions that arise in
connection with administrative departments are, how shall they be
organized? and how shall the officers who control them be appointed? Two
general methods prevail: (1)In the smaller cities the members of the
council are grouped into _committees_, which have charge of the various
administrative departments. In large cities there are _boards_ or
_commissioners_, distinct from the council, and these may be composed of
salaried officers. In either case the board may employ a superintendent
to take charge of the work under its jurisdiction. The principal
criticism which can be offered against this method of managing
administrative departments is that responsibility cannot be definitely
located. No single member of a board or commission will assume
responsibility for mismanagement; and when responsibility is divided
among several persons, none of them feels it very strongly.
(2)Single Heads of Departments.--As a remedy for this defect,
administrative departments in some cities are placed under the control
of _single officers_. These are given authority to appoint their
subordinates, and they are held strictly accountable for the management
of the department. Responsibility is further concentrated in some cities
by giving the mayor power to appoint these heads of departments.
The Commission Form of City Government.--This form is found in a
number of cities throughout the country. In place of the mayor and
council these cities have a small body of men (generally three or five)
who both make and execute city ordinances. They are elected at large
from the city. Each of the commissioners is in charge of one or more of
the city departments, and all subordinate officers are appointed by
them. The commissioners are expected to devote their entire time to
their duties and they are paid liberal salaries. Thus, it is hoped, city
government will become more business-like and efficient.
In most cities that have the commission form provision is made for the
_initiative, referendum_, and _recall_. The initiative enables a body of
citizens who sign a petition to obtain a certain law by popular vote, if
the commission refuses to pass it. The referendum enables citizens to
vote for or against a law that the commission has passed, and thus to
repeal it if they desire. Under the recall a member of the commission
can be made to stand for re-election, or else to resign, at any time
during his term of office, if a certain number of citizens petition for
this action.
Qualifications of City Officers.--Grave questions are involved in
these matters of organization, but the efficiency of city government
depends in the greatest measure upon the character of the officers who
are placed in power. We need to recognize the importance, in city
affairs as in private business, of securing officials who are qualified
by training and by successful experience to serve the public. Economy
and honesty in municipal government cannot be expected when politics
alone determines appointments to office. The establishment of
civil-service-examination systems in certain cities is a step in the
right direction.
Public Utilities.--Besides the administrative departments already
mentioned, we have in large cities those which control the supply of
water, light, and transportation facilities. The industries furnishing
these necessities may belong to the city, but in most cases they are
owned by individuals and corporations.[5] Even then they should be
subject to strict regulation by the city, for several reasons: (1) These
industries make use of public streets. The right to do this is granted
by the council in a _franchise_. (2) The product that is supplied being
in each case a necessity, it is the duty of the city government to
protect the citizens from any abuse or inconvenience that may arise in
connection with it. (3) In nearly every case the industries in question
are monopolies; i.e., competition between rival plants is not
possible. For this reason the public may suffer either from high rates
or from imperfect service.
[Footnote 5: On this topic see "Government in State and Nation," pp.
33-36.]
The Question of Municipal Ownership.--The opinion is gaining ground
that no amount of municipal control will cure the evils of private
ownership in these industries. Since they are "natural monopolies," it
is argued they should be operated by the city government. This opinion
is seen to have great weight when we consider the corruption and the
lack of attention to the public welfare that accompany the granting of
franchises to corporations. The bribery of aldermen and the granting of
valuable privileges without compensation are frequent occurrences. On
the other hand, the facts that bad officers are sometimes elected in our
cities, and that they ignore public interests, raise a very serious
question whether they should be intrusted with the management of great
industries, such as water and lighting plants and street-car systems.
Reasons for Poor City Government.--Other arguments may be made on
both sides of this question of municipal ownership; but there are
fundamental reasons why the cities of the United States are, on the
whole, poorly governed, which must receive consideration before this
question can be settled. The conditions accounting for the evils of
municipal government may be briefly stated as follows: (1) City
governments are necessarily complex, and, in their administrative
departments especially, a multitude of details must receive attention.
Citizens find it difficult to understand these transactions and even
more difficult to follow them closely. (2) City governments must spend
vast sums of money, and this fact is a standing temptation to dishonest
men both in and out of office. (3) The rapidity with which cities have
grown has increased the difficulty of their problems. (4) Individuals
and corporations have found it necessary to secure franchises from
cities for the operation of important industries; this has opened many
opportunities for corruption in city affairs. (5) The presence of large
numbers of foreigners who are ignorant of governmental affairs has
enabled corrupt politicians to exert great influence upon the voters in
city elections.
The Reform of Municipal Governments.--Having reviewed the principal
causes for the evils of municipal government, let us now consider some
of the conditions that are necessary for bringing about reforms.
(1) National politics should be entirely separated from city affairs. It
may be impossible to prevent the nomination of candidates by the regular
political parties; but within each party local issues, not national,
should determine the selection of candidates. At the polls the voter
should cast his ballot independently of party considerations.
(2) Public interest in municipal affairs and the existence of a strong
civic pride are conditions that are essential to the election of good
officers and to the purity of city government.
(3) Before we can have better city governments every citizen must
recognize his _responsibility_, not only on election day, but on every
occasion when he can help in the work of detecting wrong, punishing
corrupt officials, and encouraging better things in all departments of
city life. This means unselfishness in one's attitude toward the public
welfare; it means willingness to sacrifice time and effort in the public
service. The example set by many eminent persons who have devoted
themselves unselfishly to the accomplishment of reforms in our great
cities may well be imitated by every citizen in the smaller affairs of
his city or his ward. And the younger generation of citizens, who are
yet students in the public schools, may exert no little influence toward
the betterment of the city; and they may aid in the formation of that
better public sentiment without which no improvement in our standards of
municipal government is possible.
* * * * *
SUPPLEMENTARY QUESTIONS.
Outline for the study of your city government.
1. Was the city organized under a general law of the State, or was it
granted a special charter? Does the legislature enact special laws for
the city?
2. The mayor: term, salary. What are his principal powers? Should his
responsibility be increased?
3. The council or board of aldermen: number of members, term of office,
manner of election, compensation?
4. The municipal courts and judges.
5. Administrative departments: make a complete list of these. Are they
controlled by boards or by single officers? How do the officers obtain
their positions? Are they paid salaries? Of what business does each have
charge?
6. How are the water, lighting, and street-car plants managed? Do you
believe in the municipal ownership of any of them? Give reasons for your
opinion.
7. How do police officers receive appointment? If an officer fails to
enforce an ordinance, what course would you take to secure its
enforcement?
8. Are party lines closely adhered to by voters in city elections? Are
independent party organizations formed? Are they successful?
9. What can you learn of reform movements that have taken place in your
city's history? Give the causes for the success or failure of these.
10. What is the cost of your city government per annum? Is it
economically administered? What are the principal items of expense? Has
the city other sources of revenue besides taxation?
11. What are the excellent features of your city's government? What are
its faults? How may the latter be corrected?
12. Mention some ways in which students can assist in bringing about
better conditions in your city.
* * * * *
REFERENCES.
1. Reinsch, Young Citizen's Reader, 80-83. Hoxie, How the People Rule,
63-83. Dole, Young Citizen, 93-108; 132-139.
PART II.
THE NATIONAL GOVERNMENT.
CHAPTER V.
EVENTS LEADING TO THE FORMATION OF THE UNION.
Colonial Relations.--Why was union so long delayed? How was it
finally accomplished? These are always questions of great interest to
the student of American government. We note the general indifference
toward union among the colonies before the Revolutionary War. This may
be partially accounted for by the fact that each colony had its own
separate government, and was jealous of all outside interference. Lack
of good roads and methods of travel made extensive communication between
the scattered settlements difficult. Prejudice against strangers, and
especially those of a different religious belief, was common. Bonds of
sympathy, however, between the citizens of different colonies were not
wholly lacking. Their language and customs were mainly English. Their
chief desire was to develop a government according to their own plans.
Common interests were at times created because of the necessity for
providing protection against their Indian, French, and Dutch foes. In
general, we may say, confederation was early brought about through need
for defense, but union has been the result of two centuries and a half
of growth.
Union of the New England Colonies, 1643.--A notable attempt was
made to form a confederation among the colonies in 1643. It is known as
the New England Confederation, and included Massachusetts Bay, New
Plymouth, Connecticut, and New Haven colonies. Their united energies
were necessary to furnish protection against dangers from the Indians.
The Dutch and French also tended constantly to encroach upon their
rights. The governing body of this confederation was a board of
commissioners. In the annual meetings of the commissioners, two being
sent from each colony, questions of war, relations with the Indians, and
other matters of mutual interest were discussed. But this central
government possessed advisory powers only. The colonies were to provide
for their own local government. The confederation became constantly
weaker, and was finally dissolved in 1684. Seventy years were to elapse
before the call was sent out for a meeting of delegates from all the
colonies at Albany, but the influence of the New England Confederacy was
felt, no doubt, during that period.
The Albany Congress, 1754.--Open hostilities with their enemies
became more and more frequent. From the outbreak of King William's War,
in 1689, to 1754, the date of the Albany Congress, there were at least a
dozen intercolonial conferences called to consider means for the common
defense. Plans for union were also prepared. The most interesting is
that of William Penn. In it the word "Congress" is used for the first
time in connection with American affairs. As the final struggle with
France for the possession of America was about to begin, a "Congress" of
twenty-five of the leading men from seven different colonies met at
Albany. They were called, primarily, for the purpose of making a treaty
with the Iroquois Indians. This object secured, the resolution was then
unanimously adopted that "A union of all the colonies is at present
absolutely necessary for security and defense." Franklin's famous plan
providing for a permanent federation of all the colonies was also
adopted. When submitted to the colonies, it failed to receive the
ratification of a single one. Nor was it acceptable to the English
government. Said Franklin, "The assemblies all thought there was too
much prerogative, and in England it was thought to have too much of the
democratic."
The Stamp Act Congress, 1765.--After the passing of the stamp act
by the English government, the Massachusetts house of representatives
invited the other colonial assemblies to send delegations to a general
congress. Nine colonies responded by sending twenty-eight men to the
congress in New York City, October 7, 1765.[6] During the session of two
weeks, these delegates drafted petitions to the English government and
declared that the rights of the colonists were the same as those of the
natural-born subjects of England. It is noteworthy that representatives
had again assembled on the motion of the colonists themselves. The
growth of common interests was well expressed by Christopher Gadsden of
South Carolina, when he said: "There ought to be no New England man, no
New Yorker, known on the continent; but all of us Americans."
[Footnote 6: Virginia, New Hampshire, Georgia, and North Carolina
sympathized with the movement, but did not send delegates.]
Committees of Correspondence.--Nine years were to go by before the
meeting of another congress, but the colonists were prepared for a
united effort at the end of this period. No sooner were the contents of
the Townshend acts of 1767 known than Massachusetts issued a circular
letter to the other colonies, asking for combined action against all
such unconstitutional measures. The other colonial assemblies agreed
with Massachusetts. Another movement which made the Revolution possible
was begun by Samuel Adams. In November, 1772, he prevailed upon the
Boston town meeting to appoint a committee which should carry on a
correspondence with committees organized in other towns of that colony.
Rights and grievances were the chief subjects for consideration. Other
colonies adopted this plan. Led by Virginia, the idea was carried one
step further, and in 1773 were formed committees of correspondence
between the different colonies. Thus they were prepared for united
action in the First and Second Continental Congresses.
The First Continental Congress, 1774.--When the coercive acts of
1774 had been passed, Massachusetts, now in greatest need, called for a
congress of all the colonies. Delegates from all, Georgia[7] excepted,
assembled at Philadelphia, September 5, 1774. In the Declaration of
Rights, and in the adoption of the Articles of Association, they gave
full expression to colonial sentiment. They commended the resistance of
the people of Massachusetts. They declared that all "America ought to
support them in their opposition," if force should be used in carrying
out the measures of Parliament.
[Footnote 7: Georgia was in sympathy with this movement.]
The Second Continental Congress, 1775.--Before adjourning, the
First Continental Congress provided for the meeting of another congress,
in May, 1775, unless the causes for colonial grievances should be
earlier removed by the English government. But other measures of
repression were quickly passed, and before the Second Continental
Congress met, the battle of Lexington had been fought and the American
forces were blockading Boston. This congress convened in Philadelphia
May 10, 1775, and continued in session, with adjournments from time to
time, until May 1, 1781. All of the colonies were represented. Like
previous congresses, this was, at first, merely an advisory body, but
necessity compelled it to act as a real government. It took control of
military affairs, provided for a currency, threw open American ports to
the ships of all nations, and did whatever else the necessities of the
time seemed to demand. Having been appealed to for advice, this congress
took a most notable position in recommending that new forms of
government should be established in the several States. By the year 1777
ten States had framed new constitutions. It furthered independence by
appointing a committee to draft resolutions based on the ideas of
independence then everywhere present. The Declaration of Independence
was the result.
The Articles of Confederation.--Franklin early saw the need for a
more effective government than that of a revolutionary assembly. On July
21, 1775, he presented to Congress a plan for "perpetual union." Nearly
a year elapsed before a committee was appointed to prepare some form for
confederation to be entered into between the colonies. Another period of
a year and five months was to go by before the report of this committee
was adopted by the Continental Congress. It was then submitted to the
State legislatures for approval. After three years and a half, on March
1, 1781, Maryland, the last State, was induced to ratify the Articles of
Confederation. The adoption of these articles is one of the most
important events in the history of our nation. While the Articles of
Confederation must always be regarded as a weak instrument of
government, we must not forget that the Continental Congress was then
working out problems in the province of government that were almost
wholly new. The solution, faulty as it was, went far to establish the
place of the written Constitution as a basis for government.
Said John Fiske: "Almost everything else in our fundamental
institutions was brought by our forefathers in a more or less
highly developed condition from England; but the development of the
written Constitution, with the consequent relation of the courts to
the law-making power, has gone on entirely upon American soil."
Practical Working of the Government.--Conditions soon proved the
articles unsatisfactory. The States were almost independent of the
central government. There was no separate executive power to enforce,
and no judiciary to interpret the laws. The nation was deep in debt, and
without means for payment. Paper money of the period was worthless, and
debtors were rebellious. Disputes between the various States brought
them to the verge of civil war. Each State had its own system of duties
and imposts, which led to great confusion in commerce. No important
resolution could be passed in Congress without the votes of nine States.
No amendment was possible, except by the votes of all the States.
Congress became constantly weaker as various members resigned to accept
positions under State authority. In that most dangerous period of our
history, extending from 1783 to 1788, aptly called the "critical
period," it became constantly more apparent that government under the
Articles of Confederation was a failure. Fortunately, in this hour of
gloom, there came forward Washington, Hamilton, Madison, and other
leaders, who were prepared, if need be, to make compromises, but who
were determined to preserve the elements of the union already secured.
* * * * *
SUPPLEMENTARY QUESTIONS AND REFERENCES.
1. How was the stamp act regarded in the different colonies as shown by
the addresses made and resolutions offered? Hart, Contemporaries, II,
395-411; Tyler, Patrick Henry (American Statesmen), Chapters 5 and 6.
2. Do you know of other instances in our history where a stamp act has
been passed? How was it regarded? In what ways was it different from
that of 1765?
3. What was the origin of the committees of correspondence and how did
they aid in unification? Sloane, The French War and the Revolution, 161,
162; Hart, Formation of the Union, 57.
4. Analyze the Declaration of Independence, and select from it the
causes for the Revolution.
5. Why was the adoption of the Articles of Confederation so long
delayed? Hart, Contemporaries, II, 539-543; Fiske, The Critical Period,
93, 95; Walker, The Making of the Nation, 6; Hart, Formation of the
Union, 93-95.
6. Read the Articles of Confederation (Appendix B).
(_a_) How was the Congress composed? (Art. V.) (_b_) The number
necessary for a quorum? (Art. X.) (_c_) The powers of Congress? (Art.
IX.) (_d_) Powers of the separate States (Art. VIII.)
7. Defects of the Confederation. Hart, Contemporaries, II, 591-603.
8. What was the attitude toward union during the period 1783-1788? Were
there notable bonds of union even at this time? What other influences
have increased this sentiment? Fiske, Critical Period, 55-63; Walker,
The Making of the Nation, 7, 8.
9. President Roosevelt said, in an address delivered April 9, 1902, at
Charleston, S.C., "When four years ago this nation was compelled to face
a foreign foe, the completeness of the reunion became instantly and
strikingly evident." What is his meaning? How does the statement
illustrate the point emphasized in this chapter, that a common danger
produces union?
10. Describe the character of the money used in 1783 and succeeding
years. What was its influence? Fiske, Critical Period, 162-186.
CHAPTER VI.
THE CONSTITUTIONAL CONVENTION.
Events Leading to the Constitutional Convention.--Among the many
difficulties that arose during the period of the confederation were
constant disputes between Virginia and Maryland over the navigation of
the Potomac River and Chesapeake Bay. Finally, in March, 1785,
commissioners from these States met at Alexandria to consider these
difficulties. The outcome of the meeting was that Virginia proposed a
convention and called for delegates from all of the States to meet to
consider how commerce should be controlled. Delegates from five States
only were present at Annapolis on the day appointed, September 11, 1786.
Nothing permanent could be accomplished with so few States represented.
Before adjourning, however, they agreed to a resolution, framed by
Alexander Hamilton, which proposed the calling of a convention at
Philadelphia to amend the Articles of Confederation.
The Federal Convention, 1787; Delegates.--All of the States, Rhode
Island excepted, were finally represented in this, one of the most
notable conventions in the history of the world. Among the fifty-five
delegates assembled were many who had already been conspicuous in public
affairs. They were the choice men of the States from which they came.
Twenty-nine of the number were university men. Washington and Franklin
were present, and Washington was unanimously chosen president of the
convention. Neither of these men took an active part in the debates; but
their presence gave inspiration to the other members, and they had
untold influence at critical times. Among the ablest members were
Alexander Hamilton of New York; James Madison of Virginia; Oliver
Ellsworth and William S. Johnson of Connecticut; James Wilson and
Gouverneur Morris of Pennsylvania; Rufus King of Massachusetts; and
Charles C. Pinckney of South Carolina.
Our Knowledge of the Convention.--The Convention lasted from
May 25 to September 17, 1787. The sessions were secret. Fortunately
we are not dependent on the secretary's report alone for our
knowledge of the meetings.[8] Mr. Madison seemed to understand the
full meaning of the convention from the first, and decided to give
an accurate account of the proceedings. He wrote: "Nor was I
unaware of the value of such a contribution to the fund of
materials for the history of a Constitution on which should be
staked the happiness of a people great even in its infancy, and
possibly the cause of liberty throughout the world." His notes were
purchased by the government from Mrs. Madison, in 1837, for the sum
of thirty thousand dollars. They were published as "Madison's
Journal of the Constitutional Convention."
[Footnote 8: It was published in 1819 as a part of Volume I of "Elliot's
Debates."]
Plans for a Government; Virginia Plan.--The magnitude of the labors
of this convention can be understood only when we read the report of the
discussions as given by Madison. It was at once determined that no time
should be lost in patching up the articles, but that a new Constitution
should be formed. Two sets of resolutions were early submitted, each
setting forth a plan of government. The Virginia plan was largely the
work of Mr. Madison. It provided for the establishment of a national
government with supreme legislative, executive, and judicial powers. The
legislative power was to be vested in a Congress of two separate houses.
The executive was to be chosen by both houses of Congress and the
judiciary by the Senate. Representation in both houses of Congress was
to be based on population or the contributions to the support of the
government. This scheme was fiercely attacked by the delegates from the
small States, for it would clearly give control into the hands of the
more powerful States.
The New Jersey Plan.--The New Jersey plan, presented by Mr.
Patterson of that State, was agreed upon by the members from
Connecticut, New York, New Jersey, Delaware, and Maryland. This
Small-State plan, so called, provided for a continuance of the
government under the Articles of Confederation. They were to be revised
in such a manner as to give Congress the power to regulate commerce, to
raise revenue, and to coerce the States. The Small-State party insisted
that the Virginia plan, if adopted, would destroy the sovereignty of the
States. They would rather, they said, submit to a foreign power than be
deprived of equality of suffrage in both branches of the legislature.
Madison, Wilson, King, and other leaders of the Large-State party
declared that the basis for the new government was to be the people and
not the States; that it would be unfair to give Delaware as many
representatives as Virginia or Pennsylvania. After many days of
fruitless debate, a compromise, sometimes called the "First Great
Compromise," was presented and finally adopted. This provided that the
House of Representatives should be composed of members elected on the
basis of population. In the Senate, large and small States were to be
equally represented.
The Slavery Problem; Second Compromise.--How was the number of the
representatives to be found? Were slaves to be counted a part of the
population? A heated debate arose over these questions. The delegates
from South Carolina maintained that slaves were a part of the population
and as such should be counted. The answer was made that slaves were not
represented in the legislatures of that and other States; that slaves
were regarded in those States merely as so much property, and as such
ought never to be represented. Finally, when it seemed that the work of
the convention must fail, a compromise, known as "the three-fifths
compromise," was accepted. This provided that all free people should be
counted and three-fifths of the slaves.
The Third Compromise.--Slave-trade and commerce were the causes for
a third compromise. South Carolina and Georgia desired to have the
importation of slaves continued. Some of the other Southern States and
the Northern States generally were opposed. The New England members were
anxious that the National government should have complete control of
foreign commerce. This was resisted by some of the Southern delegates,
who feared that the importation of slaves might thereby be prohibited.
Finally, a compromise was agreed upon which gave Congress power over
foreign and interstate commerce, but forbade any act which might
prohibit the importation of slaves before 1808. It was also agreed that
a tax of ten dollars each might be laid on all slaves imported. While
the entire Constitution may be said to be made up of compromises, the
agreement upon these three rendered the further work of the convention
possible.
Signing the Constitution.--Gouverneur Morris was selected to give
the document its final form. The clear, simple English used is due
largely to him. After thirty-nine members, representing twelve different
States, had signed the Constitution, the convention adjourned. While the
last signatures were being written, Franklin said to those standing near
him, as he called attention to a sun blazoned on the back of the
President's chair: "I have, often and often, in the course of the
session, and the vicissitudes of my hopes and fears as to its issue,
looked at that behind the President, without being able to tell whether
it was rising or setting; but now, at length, I have the happiness to
know that it is a rising and not a setting sun."
Difficulties of Ratification.--The convention submitted the
Constitution to Congress. Here, for eight days, it was attacked by its
opponents. Finally, Congress passed it on to the State legislatures. It
was sent by them to State conventions elected by the people. This
ratification was provided for by Article VII of the Constitution, as
follows: _The ratification of the conventions of nine States shall be
sufficient for the establishment of this Constitution between the States
so ratifying the same._
The period included between September 28, 1787, when Congress
transmitted the Constitution to the State legislatures, and June 21,
1788, when New Hampshire, the last of the necessary nine States,
ratified, was one of the most critical in our history. Political
parties, in a truly National sense, were formed for the first time.
Among the leaders who defended ably the views of those who opposed the
ratification of the Constitution were Patrick Henry, Richard Henry Lee,
Elbridge Gerry, and George Clinton. It was urged that there was no bill
of rights,[9] that the President would become a despot, and that
equality of representation in the Senate was an injustice to the larger
States. "Letters from the Federal Farmer," prepared for the press of the
country by Richard Henry Lee, set forth clearly the views of the
Anti-Constitutional party.
[Footnote 9: A bill of rights, in which the idea of the rights of man
were set forth, was a significant part of nearly all the State
constitutions. Englishmen, generally, had been familiar with the formal
statement of these principles since 1689, when William and Mary accepted
the Declaration of Rights as a condition of their receiving the crown of
England. During the same year Parliament gave the Declaration of Rights
the form of a statute, under the name of the Bill of Rights. Among other
rights it demanded that the king, without the sanction of Parliament,
should not raise an army, secure money, or suspend the laws; also, that
the right of petition, freedom in the exercise of religion, and equality
under the laws were to be granted all subjects.]
"The Federalist."--No influence was more noteworthy in bringing
about ratification than a series of political essays afterward collected
under the name of "The Federalist." It is considered to-day the best
commentary on the Constitution ever written. Alexander Hamilton
originated the plan, and wrote 51 of the 85 numbers. James Madison wrote
29, and John Jay 5.
The Influence of Washington.--Washington was again a giant in
his support of the Constitution. In a letter to Patrick Henry he
early sounded an effective note of warning against anarchy,
expressing the very fear that finally led many in the conventions
to vote for the Constitution. He wrote: "I wish the Constitution
which is offered had been more perfect; but it is the best that
could be obtained at this time, and a door is open for amendments
hereafter. The political concerns of this country are suspended by
a thread. The convention has been looked up to by the reflecting
part of the community with a solicitude which is hardly to be
conceived, and if nothing had been agreed upon by that body,
anarchy would soon have ensued, the seeds being deeply sown in
every soil."
Ratification Secured.--Delaware, the first State, ratified December
6, 1787, without a dissenting vote. Pennsylvania, New Jersey, Georgia,
and Connecticut followed quickly. Much depended on the action of the
Massachusetts convention. After prolonged debate, the delegates were
finally influenced by the statement that amendments might be made, and
they ratified the Constitution by a vote of 187 to 168. The ninth State
was secured in the ratification by New Hampshire, June 21, 1788. It was
not until November 21, 1789, however, that North Carolina voted to
accept the Constitution. Rhode Island held out until May 29, 1790.
The New Government Put into Operation.--When the ratification of
the ninth State had been secured, Congress appointed a special committee
to frame an act for putting the Constitution into operation. It was
enacted that the first Wednesday in January should be the day for
appointing electors; that the electors should cast their votes for
President on the first Wednesday in February, and that on the first
Wednesday of March the new government should go into operation. It was
not until April 1 that a quorum was secured in the House of
Representatives, and in the Senate not until April 6. The electoral
votes were counted in the presence of the two houses on April 6.[10] The
inauguration of President Washington did not take place, however, until
April 30.
[Footnote 10: New York did not choose electors. North Carolina and Rhode
Island, as we have seen, had not ratified the Constitution.]
Origin of the Constitution.--Before making a study of this
epoch-making document, let us inquire briefly as to its origin. An
analysis of the Constitution shows that there are some provisions which
are new and that English precedent had an influence. The main features,
however, were derived from the constitutions of the States with whose
practical workings the delegates were familiar. The following well-known
statement is an excellent summary: "Nearly every provision of the
Federal Constitution that has worked well is one borrowed from or
suggested by some State constitution; nearly every provision that has
worked badly is one which the convention, for want of a precedent, was
obliged to devise for itself."
Authority and Objects of the Constitution.--It was evidently the
intention of the framers of the Constitution to found a government
deriving its authority from the people rather than from the States. The
purposes for which this was done are set forth in the following
enacting clause, commonly called the preamble:--
"_We, the people of the United States, in order to form a more perfect
union, establish justice, insure domestic tranquility, 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_."
This clause was attacked vigorously by the opponents of the
Constitution, and especially in the Virginia and the North Carolina
conventions. Said Patrick Henry: "And here I would make this inquiry of
those worthy characters who composed a part of the late Federal
Convention.... I have the highest veneration for those gentlemen; but,
sir, give me leave to demand what right had they to say, 'We, the
people'?... Who authorized them to speak the language of, We, the
people, instead of, We, the States? If the States be not the agents of
this compact, it must be one great, consolidated, national government of
the people of all the States." It was argued, on the other hand, by
Randolph, Madison, and others, that the government, under the Articles
of Confederation, was a failure, and that the only safe course to pursue
was to have a government emanating from the people instead of from the
States, if the union of the States and the preservation of the liberties
of the people were to be preserved.
SUPPLEMENTARY QUESTIONS AND READINGS.
1. For an account of the members of the convention, see Hart,
Contemporaries, III, 205-211.
2. For the contributions of the individuals and the classes of
delegates, see Walker, The Making of the Nation, 23-27; Fiske, Critical
Period, 224-229.
3. Discuss the peculiar conditions in Massachusetts. Give the arguments
presented. Walker, 56-57; Fiske, Critical Period, 316-331.
4. How was the Constitution regarded in Virginia? Walker, 58, 60; Fiske,
Critical Period, 334-338.
5. What was the attitude of the New York Convention toward the
Constitution? Fiske, Critical Period, 340-345.
6. What objections were made against the Constitution in North Carolina?
Hart, Contemporaries, III, 251-254.
7. What would have been the status of North Carolina and Rhode Island if
they had not ratified? Walker, 73, 74; Hart, Formation of the Union,
132, 133.
8. Show the influence of the State constitutions on the Federal
Constitution. James and Sanford, Government in State and Nation, 117.
9. For other questions on the material in this chapter, see Fiske, Civil
Government, 211, 212; James and Sanford, Government in State and Nation,
135, 136, 137.
CHAPTER VII.
ORGANIZATION OF THE LEGISLATIVE DEPARTMENT.
ARTICLE I.
A Congress of Two Houses.--Section i. _All legislative powers,
herein granted, shall be vested in a Congress of the United States,
which shall consist of a Senate and House of Representatives_.
In the Constitutional Convention, the Pennsylvania delegates were the
only ones who objected to the formation of a legislative body having two
houses. It was believed that with two houses one would be a check upon
the other, and that there would be less danger of hasty and oppressive
legislation. Another reason for the formation of a congress having two
houses was that the colonists were familiar with this kind of
legislature. It existed in all of the States, Pennsylvania and Georgia
excepted.
Term of Members and Qualifications of Electors.--Section 2, Clause
1. _The House of Representatives shall be composed of members chosen
every second year by the people of the several States, and the electors
in each State shall have the qualifications requisite for electors of
the most numerous branch of the State legislature_.
A short term for representatives was agreed upon, for it was the design
to make them dependent on the will of the people. The question
frequently arises, therefore, ought representatives to be compelled to
receive instructions from those who elect them? May we not agree that
our legislation would often be more efficient if the welfare of the
nation were considered, rather than what seems, for the moment, to be
only the concern of a district or even, a State? Securing the best
interests of all may mean at times, also, the sacrifice of mere party
principles.
Who May Vote for Representatives.--By the words _people_ and
_electors_ is meant voters. With the desire to make the House of
Representatives the more popular branch, it was decided to grant the
right of voting for a representative to any person who might be
privileged to vote for a member of the lower house of the legislature of
his State. The freedom of a State to determine what these qualifications
are is limited only by the provisions of the Fifteenth Amendment:--
Amendment XV. _The right of citizens of the United States to vote shall
not be denied or abridged by the United States, or by any State, on
account of race, color, or previous condition of servitude_.
This amendment was proposed by Congress in February, 1869, and was
declared in force, March 30, 1870. It was for the purpose of granting
more complete political rights to the negroes, recently declared, by
Amendment XIV, to be citizens.
Method and Time of Choosing Representatives.--The Constitution
prescribes that representatives shall be elected by the people.
Congress has provided that representatives shall be chosen on the
Tuesday next after the first Monday in November of the even-numbered
years.[11] Congress has also decreed that representatives shall be
chosen by districts; but the State legislature has complete control of
the districting of its State. However, Congress has declared that these
districts shall be composed of contiguous territory, and contain, as
nearly as practicable, an equal number of inhabitants. Now, usage has
defined territory to be contiguous when it touches another portion of
the district at any one point. As a result of this questionable
interpretation, some States have been divided into districts of
fantastic shapes, to promote the interests of the party having the
majority in the State legislature.[12]
[Footnote 11: The only exceptions to this rule are: Maine holds its
election on the second Monday in September, and Vermont on the first
Tuesday in November.]
[Footnote 12: This process is called "gerrymandering." See, also,
"Government in State and Nation," pp. 135, 136.]
Proportional Representation.--Proportional representation,
which is coming into favor in these days, would doubtless do much
toward remedying this abuse. According to the present system of
electing representatives by districts, large minorities of voters
are not represented. Numerous plans of "Proportional
Representation" have been advocated. One such plan is in operation
in Illinois[13] for the election of members to the State house of
representatives. Each district elects three members on a general
ticket. The voter may give one vote to each candidate, or one and a
half votes to each of two candidates, or three votes to a single
candidate. Therefore, the minority, by concentrating their votes on
one candidate, may elect a representative to the legislature, when
under the district system they would not be represented.
[Footnote 13: On proportional representation, read "Government in State
and Nation," pp. 14, 15.]
Qualifications of Representatives.--Section 2, Clause 2. _No
person shall be a representative who shall not have attained to the age
of twenty-five years, and been seven years a citizen of the United
States, and who shall not, when elected, be an inhabitant of that State
in which he shall be chosen._
In the original States there was great diversity of qualifications for
members of the lower houses of their legislatures. But some uniform
system was necessary for the National organization, and so the few
simple requirements of this clause were introduced. It is understood,
however, that the States may not add other qualifications. While a
representative must be an inhabitant of the State in which he is chosen,
he need not, so far as the Constitution requires, be an inhabitant of
the district. But the instances have been few in which a member of the
House has not been also an inhabitant of the district which he
represents. According to the English system of representation, a member
of the House of Commons frequently represents a borough or county in an
entirely different part of the kingdom from that of which he is an
inhabitant.
May the House refuse to admit a person duly elected and possessing
the necessary qualifications? This question arose in the 56th
Congress, in the case of Brigham Roberts of Utah. He was finally
excluded.
Present System of Apportioning Representatives.--Section 2 of
Amendment XIV contains the rule of apportionment that is now in
operation. This became a part of the Constitution, July 28, 1868.
_Representatives shall be apportioned among the several States
according to their respective numbers, counting the whole number of
persons in each State, excluding Indians not taxed. But when the right
to vote at any election for the choice of electors for President and
Vice-President of the United States, representatives in Congress, the
executive and judicial officers of a State, or the members of the
legislature thereof, is denied to any of the male inhabitants of such
State, being twenty-one years of age, and citizens of the United States,
or in any way abridged, except for participation in rebellion or other
crime, the basis of representation therein shall be reduced in the
proportion which the number of such male citizens shall bear to the
whole number of male citizens twenty-one years of age in such State_.
The second sentence of this section was framed in the belief that the
States, rather than lose a portion of their representatives in Congress,
would grant the right of suffrage to negroes already declared to be
citizens. But proportional reduction of representatives was never put
into practical operation, for before the next apportionment of
representatives, Amendment XV became a part of the Constitution, and
negro suffrage was put on the same basis as white. However, the
enforcement of Section 2 of Amendment XIV has been strongly urged in our
own time. This is because it is estimated that many thousands have been
disfranchised through the restrictions on the right of suffrage found in
several of our State constitutions. Some require an educational test and
others a property qualification for voting.
The "Indians not taxed" doubtless refers to those Indians who still
maintain their tribal relations or who live on reservations in the
several States. Their member, according to the census of 1910, was
129,518.
Early Apportionment.--The number of representatives to which each
of the States was originally entitled is given in Section 2, Clause 3,
of the article we are now considering as follows:--
_Representatives and direct taxes shall be apportioned among the several
States which may be included within this Union, according to their
respective numbers, which shall be determined by adding to the whole
number of free persons, including those bound to service for a term of
years, and excluding Indians not taxed, three-fifths of all other
persons. The actual enumeration shall be made within three years after
the first meeting of the Congress of the United States, and within every
subsequent term of ten years, in such manner as they shall by law
direct. The number of representatives shall not exceed one for every
thirty thousand, but each State shall have at least one representative;
and until such enumeration shall be made, the State of New Hampshire
shall be entitled to choose three, Massachusetts eight, Rhode Island and
Providence Plantations one, Connecticut five, New York six, New Jersey
four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten,
North Carolina five, South Carolina five, and Georgia three_.
The three-fifths rule was rendered void by the adoption of Amendment
XIII, which abolished slavery, since there were no longer the "other
persons." That part of the clause which provides for the laying of
direct taxes is still in force.
The Census.--In order to carry out the provision of the
Constitution, an "actual enumeration" was made in 1790. Since that date
there has been a census every ten years. The taking of the census and
the compilation and publication of the statistics connected with it are
under the supervision of the director of the census. Work on the
thirteenth census was begun April 15, 1910, and required some 65,000
enumerators, 3500 clerks, and 1800 special agents. The cost was some
$12,000,000. The most important volumes found in the report are those on
population,[14] manufactures, and agriculture. The taking of the census
will, in the future, be more economical and efficient because of the
establishment of the permanent census bureau by an act of Congress in
1902.
[Footnote 14: The population of the United States, according to the
first census, was 3,929,214. The population in 1910 was 91,972,266;
including the possessions and dependencies, 101,000,000.]
Ratio of Representation.--The Constitution provided that there
should be 65 members in the first House of Representatives. After
the first census, Congress agreed that there should be one
representative for each 33,000 of the population. This gave a house
with 105 representatives. From that time the ratio of
representation has been changed every ten years. Otherwise, with
the rapid increase in population, the House would soon become too
large. The ratio adopted by the act of 1911 was one representative
to 211,877 people.[15] After March 4, 1913, therefore, there will
be at least 433 members, an increase of 42.[16]
[Footnote 15: For the method of apportionment, see "Government in State
and Nation," p. 128.]
[Footnote 16: The number of members in the English House of Commons is
670; in the French Chamber of Deputies, 584; and in the German
Reichstag, 396.]
Members from New States.--Should a new State be admitted after the
apportionment is made, its representatives are always additional to the
number provided for by law.
The Constitution provides that each State shall have at least one
representative. If this provision had not been made, the States of
Arizona, Delaware, Nevada, and Wyoming, each having a smaller
population than the ratio adopted in 1910, would not be represented.
Territorial Delegates.--The organized Territories are each entitled
to send a delegate to the House of Representatives. He is allowed to
speak on any question that has to do with his Territory, but may not
vote.
Vacancies.--Section 2, Clause 4. _When vacancies happen in the
representation from any State, the executive authority thereof shall
issue writs of election to fill such vacancies_.
When a vacancy occurs in the representation from any State on account of
death, expulsion, or for other cause, it is made the duty of the
governor of the State in which the vacancy exists to call for a special
election in that district to choose a representative for the remainder
of the term.
Officers.--Section 2, Clause 5. _The House of Representatives shall
choose their Speaker and other officers, and shall have the sole power
of impeachment_.
The speaker, who is the presiding officer, has always been a member of
the House, but the Constitution does not say that he _shall_ be. The
other officers are the clerk, sergeant-at-arms, doorkeeper, postmaster,
and chaplain, none of whom is a member of the House.
Number and Term of Office of Senators.--Section 3, Clause 1. _The
Senate of the United States shall be composed of two senators from each
State, elected by the people thereof, for six years; and each senator
shall have one vote. The electors in each State shall have the
qualifications requisite for electors of the most numerous branch of the
State legislature_.
As we have seen, the provision that there should be two senators from
each State was the result of a compromise. Consequently, New York and
Pennsylvania have the same number as Delaware and Nevada.[17] The term
of six years for senators was likewise a compromise measure. There were
members of the convention who favored three years; others wanted nine
years, and Hamilton desired that the term should be during good
behavior. Many States have practically lengthened the prescribed term by
the wise policy of returning acceptable senators for more than one term.
[Footnote 17: The Senate now contains 96 members; the English House of
Lords, 560; and the French Senate, 300.]
Prior to April 8, 1913, when the Seventeenth Amendment became a part of
the Constitution, through ratification by the requisite votes of
three-fourths of the State legislatures, senators were chosen by the
State legislatures. For years the demand for such an amendment was
insistent. More than two-thirds of the State legislatures had gone on
record in favor of such a reform. The House of Representatives had
passed such a resolution a number of times, but the requisite two-thirds
vote could not be secured in the Senate. The leading reasons for the
amendment were: the frequent deadlocks in the legislatures, thus
interrupting the course of regular legislation, and the use of bribery.
Classes of Senators and Vacancies.--Section 3, Clause 2.
_Immediately after they shall be assembled in consequence of the first
election, they shall be divided, as equally as may be, into three
classes. The seats of the senators of the first class shall be vacated
at the expiration of the second year; of the second class, at the
expiration of the fourth year; and of the third class, at the expiration
of the sixth year; so that one-third may be chosen every second year.
When vacancies happen in the representation of any State in the Senate,
the executive authority of such State shall issue writs of election to
fill such vacancies. Provided, that the legislature of any State may
empower the executive thereof to make temporary appointments until the
people fill the vacancies by election as the legislature may direct_.
_This amendment shall not be so construed as to affect the election or
term of any senator chosen before it becomes valid as part of the
Constitution_.
This provision makes the Senate a permanent body, since only one-third
of the members go out of office every two years. In the first session of
the first Congress, the senators were divided into three classes. It has
been the custom to place the senators from new States in different
classes. This is done in order to preserve, so far as possible, the
equality of numbers in each class. Besides, a State is thus enabled to
keep one man of experience in the Senate. When a new State is admitted,
the senators from that State determine by lot, drawn in the presence of
the Senate, which classes they are to enter.
Qualifications of Senators.--Section 3, Clause 3. _No person shall
be a senator who shall not hove attained to the age of thirty years, and
been nine years a citizen of the United States, and who shall not, when
elected, be an inhabitant of that State from which he shall be chosen_.
The reasons for requiring different qualifications in senators from
those of representatives is expressed in "The Federalist" as follows:
"The propriety of these distinctions is explained by the nature of the
senatorial trust, which, requiring greater extent of information and
stability of character, requires at the same time that the senator
should have reached a period of life most likely to supply these
advantages." The attitude of Americans toward the Senate to-day differs
from that manifest during the first quarter century of our history. Has
the Senate degenerated is a question frequently asked. The presence in
that body of numerous millionaires has also excited unfavorable comment.
There have been two instances only in which senators have been
disqualified because of inadequate citizenship.
Times and Places for Electing Senators and
Representatives.--Section 4, Clause 1. _The times, places, and
manner of holding elections for senators and representatives shall be
prescribed in each State by the legislature thereof; but the Congress
may at any time, by law, make or alter such regulations, except as to
the place of choosing senators_.
It is desirable that Congress should have the _final_ authority in
providing for the election of its own members, because the very
existence of the Union might otherwise be left, at times, to the whims
of the State legislatures.
President of the Senate.--Section 3, Clause 4. _The Vice-President
of the United States shall be President of the Senate, but shall have no
vote unless they be equally divided_.
Other Officers.--Section 3, Clause 5. _The Senate shall choose
their other officers, and also a President pro tempore, in the absence
of the Vice-President, or when he shall exercise the office of President
of the United States_.
The Vice-President of the United States is the presiding officer of the
Senate. He cannot take part in debates, and has no vote unless there be
a tie. In marked contrast with the power of the speaker, he cannot name
the committees, and has no direct authority in legislation. Indeed, the
office is regarded as one of so little influence that it is sometimes
difficult to secure, as candidates for it, men of recognized prominence.
The other officers of the Senate are secretary, chief clerk,
sergeant-at-arms, chaplain, postmaster, librarian, and doorkeeper, none
of whom is a member of the Senate. It is desirable, in the absence of
the Vice-President, that the Senate should have a presiding officer. At
the opening of the session, therefore, that body chooses from its own
members a president _pro tempore_. He may vote on any question, but
cannot cast the deciding vote in case of a tie.
When Congress Meets.--Section 4, Clause 2. _The Congress shall
assemble at least once in every year, and such meeting shall be on the
first Monday in December, unless they shall by law appoint a different
day_.
As we have already seen, representatives are elected for a term of two
years. This period defines the length of a Congress. Representatives, as
we know, are chosen on the first Tuesday after the first Monday in
November. Now the term of office of a representative begins legally on
the fourth of March succeeding the time of his election.[18] The first
regular session of the Congress to which he was elected does not begin
until the first Monday of the following December, or thirteen months
after the election. It would seem desirable that the members should be
given an earlier opportunity to express themselves on the issues upon
which they have been chosen.
[Footnote 18: The limits of the 63d Congress will be March 4, 1913, to
March 4, 1915.]
Sessions of Congress.--Each Congress has two regular sessions. The
first is called the "long session," for its length is not determined by
a definite date of adjournment. It usually lasts until midsummer and may
not extend beyond the first Monday in December, the time fixed for the
beginning of the next session. The second, or "short session," cannot
extend beyond 12 M. of March 4, the time set for a new Congress to
begin. The President may convene Congress in special session.
Organization of Congress.--The first Monday in December of
each second year is a notable day in Washington, for the formal
opening of a new Congress is regarded as an important event. The
House of Representatives must go through the entire process of
organization. To the clerk of the preceding House are intrusted the
credentials of the members, and from these he makes out a list of
those who are shown to be regularly elected. At the hour of
assembly he calls the roll from this list, announces whether or not
a quorum is present, and states that the first business is to elect
a speaker. After his election the speaker takes the oath of office,
which is administered by the member who has had the longest service
in the House. The speaker then administers the oath to the members
by States. The election of the chief clerk and the other officers
follows, after which the House is said to be organized.
The Senate is a "continuing body," and no formal organization is
necessary. At the opening of a new Congress the Vice-President
calls the Senate to order and the other officers resume their
duties. After the president _pro tempore_ has been chosen, the
newly elected members are escorted to the desk in groups of four,
and the oath is administered by the president of the Senate. Each
house, when organized, notifies the other of the fact, and a joint
committee of the houses is appointed to wait upon the President and
inform him that quorums are present and are ready to receive any
communication he may desire to send.
The House of Representatives occupies a large hall in the south
wing of the capitol. The desks of the members are arranged in a
semicircle about that of the speaker, with the Republicans on his
left and the Democrats on his right. When a member gains the floor,
he speaks from his own desk or from the space in front of the
speaker's desk. Unless the question is one of importance, but
little attention is paid to the course of debate. Consequently a
visitor can hear only with great effort because of the constant din
produced by the shuffling of papers, clapping of hands for pages,
etc. The real work of Congress, as we shall see, is done in
committees. The Senate occupies a hall at the opposite end of the
capitol. It is, of course, much smaller than that occupied by the
House, but is similarly arranged. In general, the proceedings on
the floor of the Senate are conducted in a much more orderly manner
than is usual in the House.
* * * * *
SUPPLEMENTARY QUESTIONS AND REFERENCES.
1. What is the number of the present Congress? Give the dates for the
beginning and end of each session.
2. In the States which have woman suffrage, may women vote for
representatives?
3. It is not required by law that a representative shall reside in the
district that he represents, but it is an established custom. What are
its advantages and disadvantages? Compare with the English practice.
Bryce, American Commonwealth, I, Chapter 19.
4. Are the States which allow women the right to vote justified in the
enactment of their suffrage laws?
5. Ought Section 2, Amendment XIV, to be enforced? Rev. of R's,
22:273-275, 653, 654; 24:649-651; Forum, 31:225-230; 32:460-465; N. Am.
Rev., 168:285-296; 170:785-801; 175:534-543; Outlook, 69:751.
6. State the points of likeness and of difference between the House of
Representatives and the House of Commons. N. Am. Rev., 170:78-86.
7. Give the number of representatives to which your State is entitled.
Was the number increased in the last apportionment? How large is your
Congressional district? Population?
8. Compare the area of your district with that of other districts in
your State; also with the population of other districts. Compare the
number of votes cast for representative in your district with the number
cast in districts of other States in different sections of the country.
How do you account for the variation? See New York World Almanac.
9. Some interesting facts connected with the apportionment of 1901 are
given in the Forum, 30:568-577.
10. For the Reapportionment Law of 1901, see Outlook, 67:136.
11. For accounts of the methods by which a census is taken, see American
Census Methods, Forum, 30:109-119. Census of 1910, Rev. of R's,
41:589-596; 404, 405.
12. Who are some of the best-known representatives and senators? For
what reasons are they noted?
13. Who are the senators from your State? When was each elected?
14. Give the names of the speaker and of the president _pro tempore_.
15. Would you have voted for the Seventeenth Amendment? See Outlook,
67:559-604; 73:277-285; 386-392. For other references, see James and
Sanford, Government in State and Nation, p. 137.
CHAPTER VIII.
POWERS AND DUTIES OF THE SEPARATE HOUSES.
I. IMPEACHMENT.
Article II, Section 4. _The President, Vice-President and all civil
officers of the United States, shall be removed from office on
impeachment for, and conviction of, treason, bribery, or other high
crimes and misdemeanors._
Article I, Section 2, Clause 5. _The House of Representatives shall ...
have the sole power of impeachment._
Section 3, Clause 6. _The Senate shall have the sole power to try all
impeachments. When sitting for that purpose, they shall be on oath or
affirmation. When the President of the United States is tried, the Chief
Justice shall preside; and no person shall be convicted without the
concurrence of two-thirds of the members present._
Section 3, Clause 7. _Judgment in cases of impeachment shall not extend
further than to removal from office and disqualification to hold and
enjoy any office of honor, trust, or profit under the United States; but
the party convicted shall nevertheless be liable and subject to
indictment, trial, judgment, and punishment according to law._
There have been but seven impeachment trials in the history of our
government. Section 4 of Article II declares who may be impeached. The
expression "civil officer" does not include military and naval officers.
They are subject to trial by court-martial. Members of Congress may not
be impeached, since the Constitution authorizes each house to bring to
trial and punish its own members. Clause 5 of Section 2, and Clauses 6
and 7 of Section 3, Article I, give the method of procedure against an
officer who may be charged with "treason, bribery, or other high crimes
and misdemeanors." The articles of impeachment preferred by the House of
Representatives correspond to the indictment in a criminal trial. The
manner of conducting an impeachment trial, in the Senate, resembles also
a trial by jury.[19] That the "Chief Justice shall preside" during the
trial of the President of the United States is a wise provision, because
it is easy to presume that a Vice-President might be personally
interested in the conviction of a President.
[Footnote 19: See "Government in State and Nation," p. 159.]
II. THE QUORUM, JOURNAL, AND FREEDOM OF SPEECH.
Determination of Membership and Quorums.--Section 5, Clause 1.
_Each house shall be the judge of the elections, returns, and
qualifications of its own members, and a majority of each shall
constitute a quorum to do business; but a smaller number may adjourn
from day to day, and may be authorized to compel the attendance of
absent members, in such manner and under such penalties as each house
may provide._
In 1900 the right of a senator to a seat in the Senate was challenged by
the citizens of his State on the ground that his election was secured
through bribery and corruption. In a memorial of the citizens forwarded
by the governor, the matter formally came before the Senate. The case
was referred to the Committee on Privileges and Elections, which
unanimously reported, after careful deliberation, that the senator was
not duly and legally elected by the legislature of his State. The
committee found that he had obtained through illegal and corrupt
practices more than eight votes which would otherwise have been cast
against him and changed the result. Before a vote was taken in the
Senate on this resolution the senator resigned his seat.
In the House the name of the person possessing the certificate of
election signed by the governor of his State is entered on the roll of
the House, but the seat may still be contested. Many cases of contested
elections are considered by each new House. There were thirty-two seats
contested in the 54th Congress. Such cases are referred to the Committee
on Elections, which hears the testimony, and presents it to the House
for final decision. Each of the cases when presented to the House
consumes from two to five days which might otherwise be used for the
purposes of legislation. The law provides that no more than $2000 shall
be paid either of the contestants for expenses, but even then, it is
estimated, these contests cost the government, all told, $40,000
annually. When the decision is rendered by the House, the vote is, in
most cases, strictly on party lines, regardless of the testimony. In
view of these facts, it has been suggested that the Supreme Court decide
all contested elections.
How a Quorum is Secured.--If it appears, upon the count of the
speaker, or upon the roll-call of the House, that a majority is not
present, business must be suspended until a quorum is secured. Fifteen
members, including the speaker, may be authorized to compel the
attendance of absent members. This is accomplished as follows: the doors
of the House are closed, the roll is called, and absentees noted. The
sergeant-at-arms, when directed by the majority of those present, sends
for, arrests, and brings into the House those members who have not
sufficient excuse for absence. When a quorum is secured, business is
resumed.
Rules and Discipline.--Section 5, Clause 2. _Each house may
determine the rules of its proceedings, punish its members for
disorderly behavior, and, with the concurrence of two-thirds, expel a
member._
The Journal.--Section 5, Clause 3. _Each house shall keep a journal
of its proceedings and from time to time publish the same, excepting
such parts as may in their judgment require secrecy; and the yeas and
nays of the members of either house on any question shall, at the desire
of one-fifth of those present, be entered on the journal._
Our Knowledge of Congressional Proceedings.--As citizens in a
republican government, it is our duty to keep informed on the problems
which our representatives are called upon to solve. Means of gaining
information are not wanting. The public galleries of both houses are
usually open to visitors. The official record of the proceedings of
Congress is made known to the public through the Journal, which is read
at the opening of each day's session. Reports of the debates do not
appear in the Journal, but are published each day in the _Congressional
Record_.
Another means of keeping constituents informed on the position of their
representatives is through the recording in the Journal of the vote of
each member when demanded by one-fifth of those present. In voting by
the "yeas and nays," the clerk calls the roll of members and places
after each name, "yea," "nay," "not voting," or "absent." The Senate
rules specify this as the only method of voting. (Other methods of
voting in the House are indicated on page 77.)
Power to Adjourn.--Section 5, Clause 4. _Neither house, during the
session of Congress, shall, without the consent of the other, adjourn
for more than three days, nor to any other place than that in which the
two houses shall be sitting._
If there is a disagreement between the two houses with respect to the
time of adjournment, the President may adjourn them to such a time as he
thinks proper. This right has never yet been exercised.
Compensation and Freedom from Arrest.--Section 6, Clause 1. _The
senators and representatives shall receive a compensation for their
services, to be ascertained by law, and paid out of the treasury of the
United States. They shall in all cases, except treason, felony, and
breach of the peace, be privileged from arrest during their attendance
at the sessions of their respective houses, and going to and returning
from the same; and for any speech or debate in either house, they shall
not be questioned in any other place._
Should the members of Congress be paid a salary, or should the office be
regarded as exclusively one of honor? These questions were discussed at
length in the Constitutional Convention. Some of the delegates favored
the English custom, by which members of Parliament receive no salary. It
was finally concluded to adopt the provisions as given, in order that
men of ability, though poor, might become members of the National
Legislature.
By a law of 1789 the compensation of senators and representatives
was fixed at six dollars per day and thirty cents for every mile
traveled, by the most direct route, in going to and returning from
the seat of government. Prior to 1873 this amount was changed
several times by act of Congress. The compensation then agreed upon
and until 1907 was $5000 per year, with mileage of twenty cents,
and $125 per annum for stationery. The speaker received $8000 a
year and mileage. The president _pro tempore_ received the same
amount while acting as president of the Senate.
To many people $5000 seemed a large salary, but the great expense
of living in Washington renders the salary quite inadequate.
Members have been known to pay more than their salaries for
house-rent alone. Accordingly, in 1907, the salary of senators and
representatives was increased to $7500 and that of the speaker and
president _pro tempore_ of the Senate to $12,000.
To Hold Other Offices. Disqualification.--Section 6, Clause 2. _No
senator or representative shall, during the time for which he is
elected, be appointed to any civil office under the authority of the
United States which shall have been created, or the emoluments whereof
shall have been increased, during such time; and no person holding any
office under the United States shall be a member of either house during
his continuance in office._
The purpose of this provision seems to have been to remove the
temptation on the part of Congressmen to create offices, or to increase
the emoluments of those already existing, in order to profit by such
legislation. The exclusion of United States officials from seats in
Congress was due to the desire of appeasing State jealousy, which
asserted that the National government would in this way secure an undue
influence over the State governments. It is advocated, with good reason,
that members of the Cabinet should be privileged to take part in the
discussion of measures in Congress which pertain to their own
departments. Alexander Hamilton asked for this privilege. It was refused
because of the belief that he would exert too great influence over the
members. The precedent thus established has always been retained.
But since executive officers are often invited to present their views
before committees of Congress, they may, in this way, exert great
influence upon legislation.
CHAPTER IX.
HOW LAWS ARE MADE BY CONGRESS.
Methods of Procedure Developed by Custom.--Very little can be
learned directly from the Constitution concerning the actual methods
employed in the enactment of laws by Congress. In both houses the ways
in which business is conducted have been developed by custom; and they
have changed from time to time according to circumstances. These methods
of procedure are different from those in use when the government was
new. The principal reason for this is found in the growth of the amount
of business that Congress must consider; this, in turn, has been caused
by the growth of population and wealth, and by the expansion of business
relations throughout this country and with other nations.
I. _The Committee System._--An understanding of this system is necessary
in order that we may follow the steps taken in the making of laws. Two
facts made the committee system necessary in the houses of Congress. (1)
The number of members, especially in the House of Representatives, is so
large that business cannot be transacted quickly by the entire body. (2)
The number of bills introduced is so very great that it is impossible
for either house to consider all of them; hence it is necessary that
committees shall examine the bills and decide which are worthy of
consideration.
In the long session of the 61st Congress more than 33,000 bills
were introduced into the House. The number of committees in the
House was 61, the membership varying from 5 to 19. The most
important House committees are those on Ways and Means (which has
charge of all bills for raising revenue), Appropriations, Banking
and Currency, Foreign Affairs, and Military Affairs. In the Senate
of the 61st Congress there were 72 standing committees. The number
of members on a committee was in most cases 9 or 11. A few of the
Senate committees are those on Finance (corresponding to the
Committee on Ways and Means in the House), Agriculture, Commerce,
and Foreign Relations.
Both in the House and in the Senate every member is on some
committee, and some members have places on several committees. In
both houses the committees are elected. The chairman and a majority
of the members of each committee are from the members of the party
that has a majority in the house.
Steps in the Progress of a Bill.--(1) The first step in the
progress of a bill is its _introduction_. This is done in the House by
merely placing the bill in a basket on the clerk's desk. In the Senate
the member introducing a bill rises and asks leave to introduce it.
(2) The bill is next _referred_ to a committee.
(3) If the committee decides that the bill should go further they
_report it_ back to the house.
The house will in a great majority of cases pass or reject it according
to the committee's recommendation. Few bills are debated in either
house, and in the most of these cases the discussion has no influence
upon the fate of the bill--it is meant merely to be heard or to be
printed. Hence, it is in that intermediate stage between the reference
of the bill to a committee and the report on it that the real work of
legislation is accomplished.
The Power of Committees over Bills.--A committee may exercise the
utmost freedom with respect to the bills referred to it. The greater
number of bills receive no consideration whatever from the committees;
these may never be reported if the committees see fit to ignore them.
Other bills are amended by the committees, or new bills are substituted
for them. Such is the power intrusted to Congressional committees.
However, if a majority of the house wishes, it may take up for
discussion a bill which one of its committees has decided not to report
back.
Many of the important committees have separate rooms where their
meetings are held. Here the members may confer in secret, or they
may hold public hearings; i.e., persons are invited to give
testimony or to make arguments. Frequently the majority members of
a committee hold separate meetings, determine their policy, and
then adhere to it regardless of the wishes of the minority members.
The latter may present a separate report called the _minority
report_ of the committee.
Consideration of Bills.--(4) In the next step, the bill is brought
before the house for consideration. How is it determined which bills
shall be thus favored? In some measure this depends upon the importance
and the merits of the bill; but it depends more upon the skill and
influence of the member (generally the chairman of the committee
reporting the bill) who is particularly interested in seeing it enacted
into law. In the House of Representatives this important matter is most
often decided by the Committee on Rules, which is composed of ten
members, six being of the party that has a majority in the House. In
most cases this committee decides which bills shall be considered, and
how much time shall be given to the discussion of each one. So it is
necessary for the chairman of a committee to make a previous arrangement
with the speaker to be recognized before he can bring up his bill. But
on Wednesday of each week the chairmen of committees may call up their
bills in the order in which they secure recognition. And the Committee
on Rules does not control the bills which the House takes out of the
hands of committees.
II. _The Power of the Speaker._--The speaker is the executive officer
who sees that the decisions of the Committee on Rules are carried out.
In most important matters it is necessary for a member to make an
arrangement with the speaker in order to secure recognition when he
wishes to address the House.
In exercising the power of _recognition_, the speaker will, of course,
give both the sides a fair opportunity to debate upon important
measures. He will not permit members to make motions or lengthy speeches
merely for the sake of delaying some action to which they are opposed.
Such actions are called _obstructive tactics_, or _filibustering_.
The Lobby, Log-rolling, and Patronage.--Not all the bills that
come before Congress are passed or rejected because they are wise
or unwise. The influences that determine the course of legislation
at Washington are very numerous and complicated. Some of these
influences are to a greater or less extent legitimate, and others
are totally bad. The _lobby_, in its broadest sense, is composed of
all those persons who go to Washington in order to exert pressure
upon Congressmen in favor of or against certain measures. Some of
the best laws and some of the worst are enacted through the
influence of the lobbyist. _Log-rolling_ is an important influence
in determining legislation; a member votes for the pet measure of
his fellow Congressman on condition that the latter will vote for
the bill in which he is particularly interested. Political
_patronage_ is a great factor in determining votes in Congress; the
power of members to recommend appointments, and the influences
exerted in their favor by the appointees, often determine the
question of their continuance in office. Consequently, there is a
great temptation to use patronage in exchange for votes. The use of
money directly in _bribery_ is difficult of detection, but other
favors and privileges of money value are no less effective in the
purchase of the votes of those members who are so unscrupulous as
to be open to such influences.
Debate in Congress.--It is now apparent that many other things
besides the arguments used in debate determine which bills shall pass
and which shall fail. In the House the time for debate is strictly
limited, on account of the amount of business. The chairman of the
committee reporting a bill generally has one hour in which to urge the
passage of his measure; for a portion of the time he may _yield the
floor_ to other members, both friends and opponents of the bill. Of
course, much more than one hour is given to debate on important bills.
Many of the speeches which are printed in the _Congressional Record_
have not been delivered; but they are intended for circulation among the
constituents of representatives, and for use as campaign documents. Many
of the speeches that are actually delivered receive scant attention; the
lack of interest in them is made evident by the noise and confusion
that very often prevail during sessions of the House.
Senate Procedure.--In the Senate debate is not limited. Senators
are expected to regard each other's rights with respect to the amount of
time and attention they may demand; yet a bill may be "talked to death"
in the Senate. As a result, the Senate is less business-like in its
procedure than the House, and some means of checking unlimited
discussion have often been proposed for it.
Conference Committees.--A bill which has passed one house must be
sent to the other. Here it is introduced and goes through the stages
above described. If one house amends a bill which has already passed the
other, it must be returned for re-passage to the house where it
originated. This is a frequent cause of conflict between the two houses,
and each tries to insist on its rights.
When such a dispute cannot be easily adjusted, a _conference committee_
must be appointed. This is composed of members from each house, and they
endeavor to arrange a compromise which will be acceptable to both
houses. Generally their decision is ratified without question, but
sometimes even this method of settlement fails.
Methods of Voting.--There are three methods of voting in Congress.
(1) Members respond "aye" or "no" by acclamation. (2) If a _division_ is
called for, a rising vote is taken and the members are counted. In the
House the counting is done by two tellers, who stand near the speaker's
desk, while the members pass between them in single file, first those
voting in the affirmative, and afterward those opposing the motion. (3)
When the "yeas and nays" are called for, or whenever the rules of either
house require them, the roll is called and each member votes as he
responds to his name. This vote is entered on the Journal.
After the roll-call is completed, the presiding officer announces
the _pairs_. Members who belong to different political parties may
agree that they shall be recorded on opposite sides of party
questions, whether they are present or not. Or pairs may be
arranged for particular votes only. This device enables a member to
be absent from his seat without feeling that his vote is needed.
The President's Power in Law-Making.--A bill which has received a
majority vote in both houses is next sent to the President.
Article 1, Section 7, Clause 2. _Every bill which shall have passed the
House of Representatives and the Senate shall, before it become a law,
be presented to the President of the United States; if he approve he
shall sign it, but if not he shall return it, with his objections, to
that house in which it shall have originated, who shall enter the
objections at large on their journal and proceed to reconsider it. If
after such reconsideration two-thirds of that house shall agree to pass
the bill, it shall be sent, together with the objections, to the other
house, by which it shall likewise be reconsidered, and if approved by
two-thirds of that house it shall become a law. But in all such cases
the votes of both houses shall be determined by yeas and nays, and the
names of the persons voting for and against the bill shall be entered
on the journal of each house respectively. If any bill shall not be
returned by the President within ten days (Sundays excepted) after it
shall have been presented to him, the same shall be a law, in like
manner as if he had signed it, unless the Congress by their adjournment
prevent its return, in which case it shall not be a law._
There are then three ways in which a bill may become a law. (1) It may
pass by majority vote in both houses and be signed by the President. (2)
It may, after being vetoed by the President, be passed by two-thirds
vote in both houses. (3) It will become a law if the President neither
signs nor vetoes it within ten days, unless these are at the end of the
session.
The framers of the Constitution intended that the veto power should be a
check, though not an absolute one, upon hasty or unwise legislation. The
President may cause a bill to fail by neither signing nor vetoing it
during the last ten days of a session. The term _pocket veto_ has been
applied to this method of defeating bills.
SUPPLEMENTARY QUESTIONS AND REFERENCES.
1. Copies of the Congressional Record and the Congressional Directory
furnish interesting illustrations of the topics treated in this chapter.
2. What difference is there in the granting of recognition in the Senate
and House? Harrison, This Country of Ours, 45-48.
3. How are obstructive tactics carried on? Alton, Among the Law-makers,
Chapter 20.
4. Reinsch, Young Citizen's Reader, 198-213. Marriott, Uncle Sam's
Business, 8-16.
CHAPTER X.
SOME IMPORTANT POWERS OF CONGRESS.
I. NATIONAL FINANCES.
The Power of Taxation.--When we speak of the finances of a country,
we mean its revenues and expenditures. Revenues have their origin
chiefly[20] in taxation, and the power vested in Congress by virtue of
which taxes are imposed and collected is found in the following clause:
Article I, Section 8, Clause 1. _The Congress shall have power to lay
and collect taxes, duties, imposts and excises, to pay the debts and
provide for the common defense and general welfare of the United States;
but all duties, imposts and excises shall be uniform throughout the
United States._
[Footnote 20: Considerable sums are derived by our National government
from the sale of public lands. See Chapter on Territories and Public
Lands.]
Duties on Imports.--The two forms of taxes relied upon by the
United States for its revenues are (1) duties and (2) excises.[21] A
duty is a tax levied upon goods that are imported into the United
States.[22] The merchant doing business in New York, for example, cannot
obtain possession of the goods he has imported until the officers of the
custom-house at that port have examined the _invoice_, or the list of
articles in each package, with their prices; and the officers may
examine the goods, also, to see if they correspond in amount and quality
to the statements of the invoice. The importer then pays to the
collector of the port of New York the amount of the duty levied on his
importation.
[Footnote 21: The terms _duties_ and _imposts_ have nearly the same
meaning.]
[Footnote 22: Duties on exports are prohibited in Section 9, Clause 5,
of Article I: _No tax or duty shall be laid on articles exported from
any State_.]
Kinds of Duties.--These are of two kinds. (1) _Specific_
duties are fixed amounts levied on certain units of measurement of
commodities, as the pound, yard, or gallon. Under the tariff law of
1909 the duty on tin-plate was one and two-tenths cents for each
pound. (2) _Ad valorem_ duties are levied at a certain rate per
cent on the value of the articles taxed. The law of 1909 laid a
duty of 60 per cent on lace manufactures.
On some articles both kinds of duties are levied. Under the law
just mentioned, the duties on carpets and rugs were 10 cents per
square foot and 40 per cent _ad valorem_ in addition.
Passengers on steamships coming from foreign countries are required
to declare what dutiable goods they have among their baggage, each
person being allowed to enter $100 worth of goods free of duty.
Upon landing, their baggage is examined; trunks and valises are
opened, and in suspected cases the persons of travelers are
searched for concealed dutiable goods. The temptation to
undervaluation and to smuggling, in order to escape this form of
taxation, is so great that constant vigilance is necessary at
custom-houses and along the borders of the United States to prevent
these frauds. Special agents and revenue cutters are employed to
detect violations of the law.
Tariff Laws.--A _tariff_ is the list of the rates of duties fixed
by law. An importer of foreign goods must consider the amount of the
duties he has paid as part of the cost of the goods when he sells them.
If a higher price is caused in this way, less of such goods will be
imported and the production of the goods in this country will be
encouraged. Consequently, high rates of duties may have a decided
influence upon the industries of a country. When the rates of duties are
so fixed as to bring about this result, we have a _protective_ tariff;
i.e., one under which persons can produce in this country certain
articles which otherwise they could not produce, because of their
cheapness when imported from a foreign country. The duties are made so
high that it is not profitable to import the articles. When rates of
duties are fixed primarily with the object of raising revenue, and
without regard to their effect upon the industries of the country, we
have a _tariff for revenue_. This kind of tariff is generally meant when
the term _free trade_ is used. Articles on which no duties are imposed
are said to be on the _free list_. There is no country which fails to
collect duties on some of its importations.
Reciprocity Agreements.--The United States has entered into
_reciprocity treaties_ with various countries for securing the
reduction of tariff rates. Each country agrees to admit certain
products of the other country at reduced rates, or free of duty.
These are generally commodities in the production of which there is
little or no competition between the parties to the treaty.
Internal Revenue Taxes.--Excises are taxes laid upon the
manufacture and sale of certain products within the country. At the
present time these _internal revenue_ taxes are levied by the National
government upon liquors,[23] tobacco, snuff, opium, oleomargarine,
filled cheese, mixed flour, and playing cards. The greater number of
these taxes are paid by the purchase of stamps, which must be affixed,
in the proper denominations, to the articles taxed. When the packages
are broken, the stamps must be destroyed so that they cannot be used
again.
[Footnote 23: Taxes are levied, not only upon the liquors themselves,
but upon the business of brewing and rectifying; of selling by wholesale
and by retail; of manufacturing stills; and upon the stills themselves.
A list of these taxes may be obtained from the collector of any internal
revenue district.]
War Taxes.--Because taxes of this kind are so easily
collected, the government has extended them to a great number of
articles when it suddenly needed a large revenue, as in the War of
1812, the Civil War, and the Spanish War of 1898. The law of 1898
increased the taxes on liquors and tobacco, and imposed new taxes
on (1) proprietary articles, and (2) documents. Under the first
heading fall patent medicines and compounds of various kinds.
Documentary taxes[24] were imposed upon legal papers, such as
deeds, mortgages, etc., and also upon bank checks and drafts,
telegraph and telephone messages, and express receipts. Under this
law the internal revenue receipts rose from $170,000,000 in 1898,
to $273,000,000 in 1899. Congress has repealed these special war
taxes.
[Footnote 24: These were exactly like those imposed by Parliament
in the Stamp Act of 1765.]
Corporation Tax.--In 1909 Congress levied a tax upon
corporations. Every corporation doing interstate business is
required to report its earnings and its expenses. The difference
between these amounts is its _net earnings_. The law requires the
payment of one per cent of the net earnings that are in excess of
$5000.
Rules for Levying Taxes.--The Constitution contains three rules by
which Congress must be guided in the levying of taxes. We have seen,
Article I, Section 8, Clause 1, that _duties, imposts and excises must
be uniform throughout the United States_; that is, the same rates must
prevail everywhere. Another provision, Article I, Section 2, Clause 3,
is that _representatives and direct taxes shall be apportioned among
the several States ... according to their respective numbers_.[25]
[Footnote 25: See also Article 1, Section 9, Clause 4: _No capitation,
or other direct, tax shall be laid unless in proportion to the census or
enumeration hereinbefore directed to be taken._]
The third provision is the Sixteenth Amendment, which became a part of
the Constitution in February, 1913: Article 16. _The Congress shall have
power to lay and collect taxes on incomes, from whatever source derived,
without apportionment among the several States, and without regard to
any census or enumeration._
We have, therefore, the following classification:--
I. Direct | persons,[26]| Must be apportioned among
taxes, | lands, | the States according to
levied on | | population.
II. Indirect | duties, | Must be uniform throughout
taxes | imposts, | the United States.
| excises, |
| income |
| taxes. |
[Footnote 26: These are _poll taxes_. Such a tax was levied on slaves in
1798 and 1813.]
So far, we have discussed the indirect taxes only, for at present the
United States levies no direct taxes. In our previous history, however,
the government has imposed all the kinds of taxes mentioned in the
outline above. In levying a direct tax, Congress must determine the
total amount to be raised (as $2,000,000 in 1798, and $20,000,000 in
1861), and then apportion this amount among the States, according to
their population.
The bills introduced into Congress which provide for taxation are
called "bills for raising revenue." They must originate in the House of
Representatives (Article I, Section 7, Clause 1). The Committee on Ways
and Means frames these bills. In the Senate such bills are referred to
the Committee on Finance, and here the bills may be amended.
The Appropriation of Money.--Appropriation bills are those which
provide for the expenditure of the government's funds, and these bills
are in charge of the committee on appropriations in each house.
Below is a list of the principal items in the revenues and
appropriations for the year ending June 30, 1910.
REVENUES.
Duties $333,000,000
Internal revenue 290,000,000
Miscellaneous 52,000,000
-----------
Total $675,000,000
EXPENDITURES.
War Department $156,000,000
Navy Department 123,000,000
Indian Bureau 18,000,000
Pensions 160,000,000
Interest on public debt 21,000,000
Civil list and miscellaneous 180,000,000
-----------
Total $659,000,000
The Power to Borrow Money.--We have now seen how money is provided
for the government under ordinary circumstances. In extraordinary cases
this revenue is not sufficient; accordingly, Congress has been given
power by Article 1, Section 8, Clause 2, _To borrow money on the credit
of the United States_.
Money is borrowed in most cases by the sale of bonds. These are of the
same nature as the promissory notes by which individuals obtain loans.
National bonds state the promise of the United States to pay a certain
amount, at a stated time, with interest. A "registered" bond contains
the name of the owner, and this is a matter of record at the Treasury
Department. When this bond is sold, the record must be changed. "Coupon"
bonds are usually payable to bearer; they have attached to them a number
of coupons equal to the number of interest payments due during the term
of the bond. Each of these is cut off as the payment becomes due, and
can be cashed at any bank.
Bonds are bought and sold on the market, and their prices are
quoted in the daily papers. When the bonds fall due, they are
_redeemed_ by the government at their face value, or "at par." On
the market all United States bonds are now selling "at a premium."
Issues of bonds were made in 1898, the rate of interest being 3 per
cent, and in 1900, the rate being 2 per cent. The Public Debt
Statement issued monthly by the Treasury Department gives the
divisions of the bonded debt and the amount outstanding. On
December 1, 1910, the amount of the interest-bearing debt was
$913,000,000.
II. THE POWER OF CONGRESS OVER COMMERCE.
The Control of Commerce.--The power over commerce, which we are
next to discuss, was given to Congress because the history of the
country under the Articles of Confederation showed clearly that State
control of commerce resulted in confusion and constant disputes. It is
necessary that merchants and ship-owners should conduct their business
under laws that are as _uniform_ as possible. It is also necessary that
they should be _certain_ as to the terms of the law. These conditions
could not exist if each State were to make laws controlling the commerce
going to other States and to foreign countries.
The Constitution gives Congress the power, in Article I, Section 8,
Clause 3, _To regulate commerce with foreign nations, and among the
several States, and with the Indian tribes_. Not all commerce that is
carried on by the citizens of this country is subject to control by
Congress.
There is a vast amount of commerce that is carried on entirely within
the limits of the different States. Over this commerce Congress has no
power; it is regulated by State laws relating to trade and
transportation.
Interstate Commerce.--The distinction between State and interstate
commerce is not readily seen in many cases; but in general it may be
said that if a commodity starts in one State destined for another, its
control throughout its course lies within the power of Congress. This
principle applies to both land and water transportation. So the coast
trade among the States lies within the jurisdiction of Congress; also,
commerce upon those rivers that form highways between different States.
The harbors and waterways of the United States have been improved by the
expenditure of many millions of dollars. This money has been
appropriated in the "River and Harbor Bills" that are passed by almost
every Congress.
The Interstate Commerce Law.--The importance of railroad
transportation led to the enactment, in 1887, of the "Interstate
Commerce Law," controlling this form of commerce. The law became
necessary because of certain abuses which had arisen. In many instances
the railroads gave lower freight rates to certain persons than to others
doing the same kind of business; again, the merchants or manufacturers
of certain cities were favored by more liberal rates than could be
obtained by those who were engaged in the same industries in other
cities. As a result, the business of many persons and places suffered
injury, while the business of their rivals prospered through the
advantages given to them by the railroads.
In consequence of these and other evils, various laws, beginning with
that of 1887, have been passed to control not only railroad and
steamboat lines, but also telegraph, telephone, express, and
sleeping-car companies in so far as they are engaged in interstate and
foreign commerce.
Some provisions of these laws will now be stated, (1) Charges must be
just and reasonable. The Interstate Commerce Commission has power to
decide what is reasonable, and to _fix rates,_ after an investigation.
(2) It is unlawful to give one person or corporation a better rate than
another for the same service. This is called "discrimination." Passes
cannot be granted, except to employees. (3) All rates must be posted
where they can be consulted by any person. (4) All companies engaged in
interstate commerce must open their books to inspection by the
commission and must make reports that they require. (5) If any person
objects to a decision of the commission, he may appeal to the Commerce
Court, which has been created to consider such cases.
The Control of Trusts.--Among the abuses arising in connection with
interstate commerce are those which result when persons enter into
agreements or combinations to prevent free competition; for under these
circumstances prices are raised, or certain persons are favored in
trade. In 1890, Congress passed a law prohibiting such combinations "in
restraint of trade or commerce among the several States or with foreign
nations." This is known as the Sherman Anti-trust Law.-Now, a trust is
simply a large corporation which has absorbed or killed off, more or
less completely, other establishments engaged in the same industry. The
trust may or may not have a monopoly, that is, complete control in that
line of business; and it may or may not be engaged in interstate
commerce. An agreement among certain, railroad companies to establish
and maintain freight rates was declared to be in violation of the law of
1890. Also, a combination, or "conspiracy," among railroad employees to
stop the running of trains was declared illegal.
The "trust problem," which is so prominent in current political
discussion, is the question of preventing the evils of combination
in industry. These evils become evident when excessive prices are
charged by persons who control certain lines of business; that is,
when free competition is prevented in the production,
transportation, or sale of commodities. If the business conducted
by a trust lies entirely within the limits of a single State's
boundaries, then it must be regulated by State law.
III. THE MONEY of THE UNITED STATES.
Our National Currency.--Another of the most important powers of
Congress is that granted in the following clause:--
Article I, Section 8, Clause 5. _To coin money, regulate the value
thereof, and of foreign coin, and fix the standard of weights and
measures._
In civilized countries it is the practice of the government to furnish
the people a "circulating medium" for use in trade and commerce. Two
kinds of money are in use in the United States: (1) coin or specie; and
(2) paper money. The total amount of money in circulation in the United
States on November 1, 1910, was $3,124,679,057 or $35.01 _per capita_
for the whole population. We shall first consider the coins of the
nation.
How Coins Are Made.--The coinage of money takes place at the mints,
which are located at Philadelphia, Denver, New Orleans, and San
Francisco. Gold and silver come to the mints in the form of bricks, or
rough bars, to which the term _bullion_ is applied. Alloy must be added
to the pure metal for the purpose of rendering it of sufficient hardness
to withstand wear. In our gold and silver coins one-tenth of the weight
is an alloy composed of copper and nickel. A quantity of the bullion of
the required purity is first melted and then cast into ingots, or long
bars. Each bar is next run between heavy rollers until it takes the form
of a thin strip. From the strip are punched round pieces, called
"blanks," of the size and thickness of the coin that is being made. In
the next process the blank is weighed on a delicate balance; when found
to be of the correct weight, the coin is placed in a powerful press, and
from this it comes with its edge raised above the face and its edge
milled. In a similar press the designs are stamped upon the faces of the
coin.
Below is a list of the coins now being minted.
GOLD Coins.[27]
Double eagle Half-eagle
Eagle Quarter-eagle
SILVER COINS.
Standard dollar Quarter-dollar
Half-dollar Dime
MINOR COINS.
Five-cent (nickel) One-cent (bronze)
The silver coins less in value than one dollar are called _subsidiary_
coins.
[Footnote 27: No gold one-dollar pieces have been coined since 1890.]
The Ratio of Gold and Silver Coins.--The law fixes the weight
of pure metal in a silver dollar at 371.25 grains, troy weight, and
that of the pure metal in a gold dollar at 23.22 grains. The _ratio
_ of these weights is 15.988+: 1, or nearly 16:1. This indicates
the origin of the famous expression, "sixteen to one."
Free Coinage.--By _free coinage _is meant a policy
established by law, under which any person may bring bullion to the
mint in any amount and have it coined; that is, the amount which
the government will coin is _unlimited_ by law. Our country has
always had the policy of free coinage with respect to gold. This
was also the policy in the coinage of our silver dollars until
1873. At that time the coinage of the silver dollar was
discontinued until a law was passed in 1878 (the Bland Act)
renewing its coinage, but in _limited_ quantities. The government
purchased silver bullion under this law, and under the Sherman Act
(1890), but since 1893 no silver bullion has been purchased for the
coinage of silver dollars, but the bullion already on hand has been
used for this purpose.
Paper Money.--We have in the United States five kinds of paper
money in general circulation:--
Kinds. Amounts in circulation, Nov. 1, 1910.
1. United States notes $341,000,000
2. Gold certificates 836,000,000
3. Silver certificates 483,000,000
4. National bank notes 706,000,000
5. Treasury notes of 1890 3,500,000
The History of United States Notes.--United States notes, or
"greenbacks," as they are commonly called, originated during the Civil
War. When the government was without specie (i.e., gold and silver
money) with which to purchase supplies for the army and pay other
expenses, it issued these notes. Each note says on its face, "The United
States will pay to bearer $----." Since no time was set for the
fulfillment of this promise, and since there was neither gold nor silver
in the Treasury with which to redeem the notes, people would naturally
hesitate to accept them in payment for goods or salaries. Consequently,
Congress made the notes "legal tender";[28] that is, the law compelled
creditors to receive this kind of money in payment for debts. The notes
passed into circulation, therefore, because people were forced to take
them; but their value depreciated greatly during the war. In 1879 the
government began the redemption of the notes in specie, and since that
time they have been worth their face value.
[Footnote 28: Our full legal-tender coins at present are the gold coins,
silver dollars, United States notes, and Treasury notes of 1890.
Subsidiary silver coins are legal tender in amounts not greater than
$10.00, and the minor coins are legal tender to the amount of
twenty-five cents.]
Gold and Silver Certificates.--It is much more convenient to handle
paper money than coins. When a person deposits gold or silver coin in
the Treasury, he may receive these certificates in exchange.
Consequently, the value of these certificates in circulation represents
an equal amount of gold coin and silver dollars stored in the United
States Treasury and ready for exchange for the certificates at any time.
National Bank Notes.--The fourth kind of paper money is issued by
National banks. These are organized under United States law and subject
to control by an officer of the Treasury Department. Like banks that are
organized under State law, National banks conduct the ordinary banking
operations. That is, they receive deposits, loan money, and buy and sell
drafts in the ordinary course of business. In addition, these banks are
given the right "to issue notes." In doing this, the bank first buys on
the market a certain amount of United States bonds; these it sends to
the Treasury at Washington and leaves there on deposit. The bank will
then receive from the Treasury "National bank notes" equal in amount to
the face value of the bonds deposited. These notes say that "The
National Bank of ---- will pay the bearer $----, on demand." Now, the
bank may fail, i.e., it may not be able to pay what it owes to its
depositors and other creditors. But the holders of National bank notes
will not suffer loss. For the Treasury will sell the bonds and thus
obtain cash with which it can redeem the notes held by individuals.
The amount of Treasury notes of 1890 is comparatively small, and this
kind of money is destined to disappear within a few years.
SUPPLEMENTARY QUESTIONS AND REFERENCES.
1. The tariff schedule in force at the present time may be found in
newspaper almanacs. Is this tariff high, low, or moderate in its rate?
2. The Statistical Abstract, published by the Bureau of Statistics of
the Treasury Department, gives the list of items upon which duties and
internal revenue taxes are collected, and the amounts yielded by each
for a series of years; the expenditures of the government, with the
chief items; a statement of the National debt; and statistics concerning
the money of the United States. See also any newspaper almanac.
3. Why do liquors and tobaccos bear the heaviest excise taxes? What
reasons can you give for taxing the other articles mentioned on pp.
82-83?
4. Because our coins contain one-tenth alloy, they are said to be
nine-tenths fine. Calculate from the weights of pure metal, given on p.
91, the total weights of the gold and silver dollars.
5. For information concerning the Act of Congress fixing a "standard of
weights and measures," see Government in State and Nation, 188-189.
6. The depreciation of the United States notes, referred to on p. 92, is
shown graphically in Government in State and Nation, 185.
7. For our money, see Reinsch, Young Citizen's Reader, 101-103;
Marriott, Uncle Sam's Business, 97-119; 165-172; Century Book for Young
Americans, 121-134.
8. On commerce, read Harrison, This Country of Ours, 65-67.
9. Finances. Harrison, 59-65, and Chapter 12; Marriott, 109-127.
CHAPTER XI.
OTHER GENERAL POWERS OF CONGRESS.
I. POWER OF NATURALIZATION.
Who Are Citizens.--Who are citizens of the United States is always
a question of interest. We find it clearly answered in the first clause
of the Fourteenth Amendment as follows: _All persons born or naturalized
in the United States and subject to the jurisdiction thereof are
citizens of the United States, and of the States wherein they reside._
Thus there are two classes of citizens: (1) those who are citizens by
birth; (2) those who have been naturalized. Children born in this
country, though of foreign parentage, and residing here, may be
considered American citizens if they choose. According to an Act of
Congress, passed in 1882, Chinese aliens may not be naturalized; but our
Supreme Court has decided that a child born in the United States of
Chinese parents is a citizen, if he desires to be. Though born in a
foreign country, a child whose father is an American citizen may claim
the privilege of American citizenship. Indians who keep their tribal
relations are not included under the provisions of this section.
Naturalized Citizens.--The second class of citizens are those who
are naturalized. That the rules should be uniform by which aliens
become citizens, is self-evident. After a brief discussion, the
Constitutional Convention provided in Section 8, Clause 4, that
_Congress shall have the power to establish a uniform rule of
naturalization, and uniform laws on the subject of bankruptcies
throughout the United States._
Process of Naturalization.--(1) The foreigner desiring to become a
citizen goes before the clerk of any court of record and declares, "upon
oath," that it is his intention to become a citizen of the United
States, and to renounce all allegiance to the government which has
jurisdiction over him. He then receives his "first papers." (2) After he
has resided in the United States for five years, providing two years
have elapsed since his "declaration of intention," he may secure his
certificate of naturalization. He must appear in open court and swear
that he will support the Constitution of the United States, and renounce
all allegiance to any foreign power. Two witnesses must testify to his
term of residence, and declare that he is a man of good moral character.
The applicant must be able to speak the English language. His wife, and
those of his children who are under twenty-one years of age, become
citizens at the same time. In certain cases Congress has, by a single
act, admitted large numbers of aliens to American citizenship, as it did
at the time of the purchase of Louisiana, the annexation of Texas, and
of Hawaii.
Bankrupt Laws.--It sometimes happens, because of general
depression in trade throughout the country, on account of losses,
or for other reasons, that business men become heavily involved in
debt. They are said to be insolvent. Now, it is but just that such
property as they have should be divided in some equitable way among
the creditors. A bankrupt law secures such a division, and the
debtor is, at the same time, freed from all legal obligation to pay
the debts which cannot be met in this way. The first law of
Congress on this subject was passed in 1802, and repealed in 1803.
Since that time there have been three other bankrupt laws, but the
total time during which they have been in force amounts only to
some twenty years. The last law, that of 1898, is still in
operation.[29]
[Footnote 29: See "Government in State and Nation," p. 193, for a
further discussion of bankrupt laws--especially that of 1898.]
Some States have also passed insolvency laws. However, these must not in
any way conflict with the provisions of the National bankrupt laws.
II. THE POSTAL SYSTEM.
Organization of the Post-office Department.--We can appreciate
somewhat the advancement made in the postal service rendered by the
government when we read that an Act of Congress in 1782 directed that
mail should be carried "at least once in each week from one office to
another." Our well-organized postal system, declared recently by the
Postmaster-General to be the "greatest business concern" in the
world,[30] has been evolved through laws made in carrying out the
provision of the Constitution that _Congress shall have power to
establish post-offices and post-roads._
[Footnote 30: The total receipts of the Post-office Department for 1910
were $224,128,657.]
As is well known, the Postmaster-General, a member of the President's
Cabinet, is at the head of this department of government. One of the
chief burdens of the Post-office Department was formerly the
appointment of the so-called fourth-class postmasters, intrusted to the
Fourth Assistant Postmaster-General. Executive orders of Presidents
Roosevelt and Taft placed 50,000, or about five-sevenths, of these
postmasters in the _classified_ service. An order of President Wilson,
in 1913, applied the _merit_ system to these offices, by which these
postmasters were compelled to demonstrate their fitness for these
appointments. This order included all fourth-class postmasters except
those paying less than $180 a year. The other three classes, in which
are included those postmasters whose salaries are not less than $1000,
are appointed by the President, with the consent of the Senate.
Classes of Mail.--Mail matter belongs to one of four classes.
In general, the classes and rates are as follows: First
class--letters, two cents an ounce; second class--newspapers and
periodicals, one cent a pound; third class--books, one cent for two
ounces; and fourth class--merchandise, limited to four-pound
packages, one cent an ounce.
Free Delivery.--Among the notable advances in the mail service was
the provision for the free distribution of mail in the cities of 10,000
inhabitants, or where the annual postal receipts are $10,000 and above.
Rural Free Delivery.--No innovation in postal methods has been more
successful than the free delivery of mails in the country districts. The
development of the system, since its establishment in 1897, has been
remarkable.[31]
[Footnote 31: According to the report of the superintendent for the year
ending June 30, 1910, 41,079 routes had been established. The rural
population receiving daily mail service amounted to more than
18,000,000. Two thousand one hundred and twenty-four new rural routes
were authorized in 1911, aggregating 51,230 miles in length. President
Taft urged a further extension of the system.]
Among the good effects resulting from its extensive introduction may be
mentioned the following: (1) Correspondence in the communities affected
has increased. (2) The circulation of the daily newspaper and of
periodical literature has been greatly enlarged, and interest has grown
in public affairs. (3) Good roads have been multiplied, for they are
made one of the conditions for the introduction of the service. (4)
Because the country districts are brought into daily communication with
the centres of population, the tendency to quit the farm for the town
has been lessened and thus rural free delivery is helping, in some
degree, to solve one of the problems of our social and industrial life.
Postal Savings-Banks.--At various times bills have been before
Congress providing for the establishment of postal savings-banks in
connection with post-offices. It is proposed that they shall
receive small amounts on deposit, paying a low rate of interest,
and that the funds secured be invested in government bonds. A law
was passed in 1910 which provided for the establishment of postal
savings-banks. The plan has proved a success.
Some of the Defects in Our Postal System.--(1) For thirty
years prior to 1911 there has been an annual deficit of several
million dollars. This was caused largely through the transportation
of second-class matter, so-called periodical publications. But in
1911 there was a postal surplus of nearly $220,000, which was due
largely to more business-like methods in management. That this is
an unjust drain upon the public funds is clear, when we consider
that, in a recent year, the government expended $17,277,783 more
than it received for carrying second-class mail. (2) Another
serious defect has existed in the payment of exorbitant rates to
railroad companies for carrying the mails. (3) Some Congressmen
abuse the privilege granted them of sending government publications
free. (4) The postal system has offered one of the best fields for
the manipulation of the spoilsman. Postmasters have been usually
appointed on the recommendation of representatives, and, too
frequently, the one essential to securing an office is that the
applicant must be influential in politics.
Parcels Post.--On January 1, 1913, a far-reaching innovation
was put into operation by the Post-office Department. The
parcels-post system was used for the first time. Bills providing
for such a system had been introduced into Congress, but failed to
pass owing largely to the opposition of express companies and other
common carriers.
III. COPYRIGHTS AND PATENTS.
Copyrights and Patents.--Section 8, Clause 8. _To promote the
progress of science and useful arts, by securing, for limited times, to
authors and inventors, the exclusive right to their respective writings
and discoveries._
The development of American literature has been greatly aided through
the operation of laws based on this clause. Copyrights are secured from
the Librarian of Congress. Any person obtaining a copyright has the sole
right to print, copy, or sell the book, chart, engraving, music, etc.,
for a period of twenty-eight years. A copyright may be renewed for
fourteen years longer. It may be sold or transferred providing a record
of the transfer be made in the office of the Librarian of Congress
within sixty days.
Patents.--Americans have been rightly named the great inventors of
the world. Not a little of our marvelous industrial progress has been
due to this inventive ability. The government has contributed to the
same end, through the enactment of laws protecting those inventors who
secure patents. A person desiring a patent must declare upon oath, in
his petition addressed to the Commissioner of Patents, that he believes
himself to be the first inventor of the article for which he solicits a
patent. The sum of fifteen dollars is charged for filing the
application, and twenty dollars for issuing the patent. A patent is
granted for seventeen years, but may be extended for seven years more.
During this period, the patentee has the exclusive right to manufacture,
sell, or transfer his invention.[32]
[Footnote 32: In the year 1910, 37,421 patents were granted by our
government.]
IV. MILITARY POWERS IN CONGRESS.
Section 8, Clauses 11, 12, 13, 14. _To declare war, grant letters of
marque and reprisal, and make rules concerning captures on land and
water.
To raise and support armies, but no appropriation of money to that use
shall be for a longer term than two years.
To provide and maintain a navy.
To make rules for the government and regulation of the land and naval
forces._
The Army.--Americans are always impressed by the military spirit so
prevalent in European nations. Compared with the standing army of
Germany, which has some 700,000 men, and with that of Russia, containing
1,000,000 men, or with that of most European nations, our army is
insignificant in size. According to a law of 1901, the army of the
United States cannot contain more than 100,000 men.[33]
[Footnote 33: The minimum number of men was fixed at 57,000. In 1908,
the number of officers and men in the army was 72,628.]
Fortunately, there has always existed in the United States the desire to
keep the standing army from becoming unduly large. The Constitution
itself indicates that appropriations for the army shall not be for a
longer time than two years. At the end of this period, the people may
check the growth of the army through the election of representatives
opposed thereto.
Officers and Classification of the Army.--The President is,
_ex officio_, commander-in-chief of the army and navy of the United
States. The office of general was created, by Congress, March 3,
1799, but was not filled. It was revived in 1866 for General Grant,
General Sherman succeeding to the title in 1869. The same rank was
bestowed on General Sheridan in 1888. The lieutenant-general is
next in rank to the general. The army is distributed geographically
as follows: Division of the Philippines and the Departments of
California, of the Colorado, of the Columbia, of Dakota, of the
East, of the Lakes, of the Missouri, and of Texas. The division is
in charge of a major-general, and the departments are each in
charge of a major-general or of a brigadier-general. The commands
which correspond to each grade are: major-general, four regiments;
brigadier-general, two regiments; colonel, one regiment;
lieutenant-colonel or major, a battalion or squadron; captain, a
company. As now organized, infantry regiments consist of 12
companies, of 65 men each. Cavalry regiments contain 12 troops,
each having 65 enlisted men.
The Navy.--We are told by competent authorities that one of our
best means of preserving peace with foreign powers is to maintain a
strong navy. This has become much more necessary since the United States
has begun to acquire insular possessions. Although the construction of
the modern American navy was not begun until 1883, there has been a
notable advance within the past few years. In 1910 it was estimated that
our navy is excelled in strength only by that of Great Britain.
Congress, in 1910, continued the policy of "adequate preparation" by
authorizing the construction of two battle-ships a year.
Names of Vessels.--A ship of the first class is given the name
of a State; one of the second class that of a principal city or
river, and the names for ships of the third class are selected by
the President. The navy now contains 312 vessels.
Officers in the Navy.--The titles admiral and vice-admiral,
corresponding to the grades of general and lieutenant-general in
the army, were created by act of Congress to be bestowed on the
following men as recognition for distinguished services during the
Civil War: Admirals Farragut and Porter; and Vice-Admirals
Farragut, Porter, and Rowan. Admiral Dewey was granted his title by
a special Act of Congress after the Battle of Manila. The officers
of the navy ranking with major-generals, brigadier-generals,
colonels, and so on, in the army, are rear-admirals, commodores,
captains, commanders, lieutenant-commanders, lieutenants, masters,
ensigns.
The Militia.--With but little opposition in the Constitutional
Convention, Congress was given the power to make provision for
citizen-soldiers as follows:--
Section 8, Clause 15. _To provide for calling forth the militia to
execute the laws of the Union, suppress insurrections and repel
invasions._
Clause 16. _To provide for organizing, arming and disciplining the
militia, and for governing such part of them as may be employed in the
service of the United States, reserving to the States respectively the
appointment of the officers, and the authority of training the militia
according to the discipline prescribed by Congress._
Number of the Militia.--All able-bodied male citizens of the United
States and males between eighteen and forty-five years of age who have
declared their intention to become citizens are regarded as the militia
force of the country. As a matter of fact, there are at present only
about 100,000 men enrolled in this service. But in the case of an
emergency the President may compel the governors of the various States
to furnish the troops needed. The militia may thus be called into
service, under their own State officers, for a period of nine months.
The War of 1812 and the Civil War furnish the best illustrations of the
enforcement of this provision.
Volunteers of 1898.--We should note here the manner in which
men were secured for the war against Spain. We see, according to
Clause 15, that the militia may be called out only for the purposes
of executing the laws of the Union, suppressing insurrections, and
repelling invasions. Now, in the case given, the war was to be
conducted in foreign territory, and President McKinley called for
200,000 volunteers. It was understood, however, that preference
would be given to those volunteers who were already members of the
organized militia.
V. LOCATION OF THE CAPITAL.
Section 8, Clause 17. _Congress shall have the power to exercise
exclusive legislation in all cases whatsoever over such district (not
exceeding ten miles square) as may, by cession of particular States and
the acceptance of Congress, become the seat of the government of the
United States, and to exercise like authority over all places purchased
by the consent of the legislature of the State in which the same shall
be, for the erection of forts, magazines, arsenals, dock-yards and other
needful buildings._
One of the most interesting contests in American history arose in the
selection of a site for the capital city. Congress finally accepted, for
this purpose, one hundred square miles of land on the Potomac River,
which was ceded by Maryland and Virginia. The thirty square miles given
by Virginia were afterward returned to that State. The capital was to be
in New York until 1790, then in Philadelphia until 1800. In 1800 it was
transferred to the new district, called the District of Columbia.[34]
[Footnote 34: For the government of this district, see "Government in
State and Nation," p. 204.]
VI. IMPLIED POWERS.
Strict and Loose Construction.--Our national development has been,
in large measure, dependent on the interpretation of the next clause of
the Constitution. It is often called the elastic clause.
Section 8, Clause 18. _To make all laws which shall be necessary and
proper for carrying into execution the foregoing powers and all other
powers vested by this Constitution in the government of the United
States or in any department or officer thereof._
Briefly stated, the problem has always been, Has Congress the right to
exercise powers not definitely granted by the Constitution? Alexander
Hamilton first set forth the doctrine of _implied_ powers. He urged that
Congress might, in carrying out specific powers, use methods not
_expressly_ provided for in the Constitution, as in the creation of a
bank or mint. Since the time of this interpretation, which, fortunately
for American interests, was sanctioned by Washington and later by the
Supreme Court through its great Chief-Justice John Marshall, the
advocates of the doctrines of strict and loose construction have
contended for their principles. Does the Constitution permit the
acquisition of territory? May Congress establish a protective tariff, or
a system of internal improvements? We have here but three of the great
questions which have led to a definition of these opposing views.
Speaking in general terms, the party in power has favored loose
construction, while the party out of power has advocated strict
construction. Said Mr. Bryce, "The Americans have more than once bent
their Constitution in order that they might not be forced to break
it."[35]
[Footnote 35: Bryce, "American Commonwealth," I, 390.]
SUPPLEMENTARY QUESTIONS AND REFERENCES.
1. What are some of the difficulties encountered in becoming a citizen?
Independent, 65:994-1000.
2. Is there a postal savings-bank in your town? Is it successful?
3. Should there be a system of postal telegraphy? Cent. Mag.,
59:952-956; N. Am. Rev., 172:554-556.
4. Extent and advantages of rural free delivery, Rev. of R's, 27:55-60.
5. Perils of the postal service, N. Am. Rev., 172:420-430; 551-559.
6. Defects in the postal system, N. Am. Rev., 174:807-819; 175:115-127.
7. Privateers and privateering, Government in State and Nation, 204;
Walker, The Making of the Nation, 200.
8. For the methods employed in the patent office and a comparison
between our system and that of European nations, see Cent. Mag.,
61:346-356.
9. A good account of the reorganization of the army of the United States
is given in the Atl. Mo., 89:437-451.
10. The development of the United States army, Scribner's Mag.,
30:286-311, 446-462, 593-613.
11. West Point after a century, World's Work, August, 1902, 2433-2451.
12. A hundred years of West Point, Outlook, 71:591-601.
13. Life at West Point, Rev. of R's, 26:45-53.
14. What was the character of our navy prior to 1883? Harrison, This
Country of Ours, 251-255.
15. The new American navy, Outlook, 73:323-337.
16. Comparison of the strength of our navy with that of other nations,
Rev. of R's, 25:561-570; 39:347.
17. What special problem was connected with the location of the capital?
How was it finally settled? Hart, Contemporaries, III, 269-272;
Schouler, I, 152-156; McMaster, I, 555-562; World's Work, 1:191-195.
18. The development of Washington during the past one hundred years is
discussed in Rev. of R's, 22:675-686; Forum, 30:545-554; Outlook,
70:310, 311, 817-829; Cent. Mag., 63:621-628, 724-756; Cosmop.,
30:109-120.
19. Proposed improvements in Washington, Cent. Mag., 63:621-628,
747-759.
20. For the influence of the doctrine of implied powers, see:--
(a) Internal improvements, Hart, Contemporaries, III, 436-440; Walker,
The Making of the Nation, 204, 205, 262, 363; Hart, Formation of the
Union, 227-229, 353-355.
(b) The United States Bank, Hart, Contemporaries, III, 446-450; Hart,
Formation of the Union, 150-151, 226-227; Walker, The Making of the
Nation, 82-83.
(c) The annexation of territory, Hart, Contemporaries, III, 373-376;
Walker, The Making of the Nation, 177-184; Hart, The Formation of the
Union, 188.
(d) Legal-tender cases, Wilson, Division and Reunion, 280-281.
21. For further questions on this chapter, consult Government in State
and Nation, 206, 207.
CHAPTER XII.
POWERS DENIED THE UNITED STATES AND THE SEVERAL STATES.
While restrictions on Congressional powers are found elsewhere in the
Constitution, Section 9 of Article I seems to have been framed
especially for this purpose.[36]
[Footnote 36: Clause 1 of this article formed an important part of the
third great compromise, which was discussed on p. 43.]
Writ of Habeas Corpus.--Clause 2 provides: _The privilege of the
writ of habeas corpus shall not be suspended, unless when in cases of
rebellion or invasion, the public safety may require it._
A writ of _habeas corpus_ is a writ granted by a court, commanding an
officer to produce before it a prisoner, in order that the court may
inquire into the cause of his imprisonment or detention. If, after such
inquiry, it is found that the person is detained for insufficient cause,
he is granted his freedom.
President Lincoln and the Writ of Habeas Corpus.--President
Lincoln, as a military necessity, in 1861, suspended the privilege
of the writ over a limited area, constituting a large part of the
State of Maryland. The Supreme Court, however, declared his order
non-effective, maintaining that the right of suspending the writ of
_habeas corpus_ lay with Congress, though it might be granted to
the President. This attempt on the part of the Supreme Court to
restrain Mr. Lincoln was a failure, and shows that even the highest
of our tribunals may not have its usual power in time of war. It
was not until March 3, 1863, that Congress made the decree of
President Lincoln legal by authorizing him to suspend the writ
whenever he believed the public safety demanded it. In September of
that year he declared the suspension general throughout the
country.
Ex Post Facto Laws.--Clause 3. _No bill of attainder or ex post
facto laws shall be passed._
An ex post facto law, as defined by the Supreme Court, is a "law which
renders an act punishable in a manner in which it was not punishable
when it was committed." It applies to acts of a criminal nature
only.[37]
[Footnote 37: Clause 4 is discussed under National Finances, p. 84.]
Care of Public Money.--Clause 7. _No money shall be drawn from the
Treasury, but in consequence of appropriations made by law; and a
regular statement and account of the receipts and expenditures of all
public money shall be published from time to time._
It is proper in a government such as ours that the control of the public
money should be lodged with the representatives of the people. Through
the annual report of the Secretary of the Treasury, the people may know
from what sources our revenues are derived and for what purposes the
money is expended.
Titles of Nobility and Gifts.--Clause 8. _No title of nobility
shall be granted by the United States; and no person holding any office
of profit or trust under them shall, without the consent of the
Congress, accept of any present, emolument, office, or title of any kind
whatever from any king, prince, or foreign state._
According to the wording of the clause, Congress may allow gifts, of the
kind mentioned, to be accepted by our National officials. Usually,
however, such gifts pass into the keeping of government.
Powers Denied the States.--We recall the power of the States and
weakness of the general government under the Articles of Confederation.
It was plain to the members of the Constitutional Convention that
hopeless confusion would arise if the States should also be given the
right to coin money, pass ex post facto laws, etc. Therefore, certain
prohibitions were made on the powers of the States. In Section 10,
Clause 1, we note that these prohibitions are absolute, as:--
_No State shall enter into any treaty, alliance or confederation; grant
letters of marque and reprisal, coin money, emit bills of credit; make
anything but gold and silver coin a tender in payment of debts; pass any
bill of attainder, ex post facto law, or law impairing the obligation of
contracts, or grant any title of nobility._[38]
[Footnote 38: In the celebrated Dartmouth College case, it was finally
determined that a State legislature may not modify the terms of a
contract. See Life of John Marshall, by Magruder, "American Statesmen,"
new ed., 188-190.]
In Section 10, Clauses 2 and 3, the prohibitions are only conditional;
thus:--
_No State shall, without the consent of the Congress, lay any impost or
duties on imports or exports except what may be absolutely necessary
for executing its inspection laws; and the net produce of all duties and
imposts laid by any State on imports or exports, shall be for the use of
the Treasury of the United States; and all such laws shall be subject to
the revision and control of the Congress.
No State shall, without the consent of Congress, lay any duty of
tonnage, keep troops or ships of war in time of peace, enter into any
agreement or compact with another State or with a foreign power, or
engage in war, unless actually invaded or in such imminent danger as
will not admit of delay._
More Complete Protection of Personal Rights.--By a careful reading
of Sections 9 and 10, it is seen that some of the rights of the
individual are guarded against encroachment on the part of government,
either National or State. But the people felt that there were other
personal rights which needed protection. They were familiar with the
bills of rights in their own State constitutions. That the National
Constitution did not also contain a bill of rights was, as we have seen,
one of the chief arguments made against its adoption in the State
conventions.
The First Ten Amendments.--A large number of propositions,
therefore, were submitted to the first Congress by the States. Seventeen
of these were selected by the House of Representatives, and proposed as
amendments to the Constitution. Twelve of these were acceptable to the
Senate also, and ten were ratified by the required three-fourths of the
State legislatures. We call them the first ten amendments to the
Constitution. If we read these amendments, we shall find that really
they are a bill of rights, for the preservation or protection of rights
of the people is expressed in all.[39]
[Footnote 39: See Appendix A.]
CHAPTER XIII.
THE EXECUTIVE DEPARTMENT.
The President and His Election.--We have seen that the one great
weakness of the government under the confederation was that there
existed no adequate executive. After much discussion in the convention,
the fear of a despot at the head of affairs gave place to the desire to
secure executive energy and responsibility. To-day the President is the
most notable personage among all our officials. Mr. Bryce calls the
Presidential office the greatest office in the world unless we except
the papacy. In the Executive Department the President's power is
practically absolute. He may appoint and remove, either directly or
indirectly, all officials of the department, and they are finally
responsible to him in the performance of their duties. His control of
international relations and his influence on legislation are, as we
shall see, extensive.
Length of Term.--Article II, Section 1, Clause 1. _The executive
power shall be vested in a President of the United States of America. He
shall hold his office during the term of four years, and, together with
the Vice-President, chosen for the same term, be elected as follows:_--
Method of Election.--How shall the President be chosen? This
problem is said to have taken one-seventh of the entire time of the
convention. While there were those who believed that election by the
people would be wise, still this sentiment was not general. It was
thought that a choice in this way would cause great "tumult and
disorder." Besides, it was urged that the people would not be
sufficiently acquainted with the men who have the necessary
qualifications for such high office. For a special investigation of this
sort, they agreed that it would be best to select a small number of
persons who would be most likely to possess the required information and
discernment. The appointment of these independent electors was provided
for as follows:--
Appointment of Electors.--Section 1, Clause 2. _Each State shall
appoint, in such manner as the legislature thereof may direct, a number
of electors equal to the whole number of senators and representatives to
which the State may be entitled in the Congress; but no senator or
representative or person holding an office of trust or profit under the
United States, shall be appointed an elector._
Article II, Section 1, Clause 3. _The Congress may determine the time of
choosing the electors, and the day on which they shall give their votes,
which day shall be the same throughout the United States._
At present, the appointment of electors is a necessary but a
comparatively unimportant step in the election of a President.
The real power exists in the National conventions of the great political
parties. Instead of exercising the right of free choice, as they were
originally expected to do, the electors are really bound to vote for
candidates nominated in these conventions. Let us consider, then, some
of the chief points in the history and practical working of National
conventions.
Early Methods of Nominating.--Like the development of other
political usages, the method of nominating a President passed
through several stages before the present plan of nominating
conventions was reached. No nominations were made in the first two
Presidential elections. In 1796, Washington having refused to be a
candidate for a third term, party managers in Congress agreed
informally on Adams and Jefferson as the candidates of the
Federalist and the Republican parties respectively. A caucus of
Federalist Congressmen, in 1800, nominated Adams and Pinckney, and
a caucus of Republican Congressmen nominated Jefferson and Burr,
for the offices of President and Vice-President. The Republican
members of Congress continued to hold a regular caucus and thus to
direct the votes of the party electors until 1824. In that year
William H. Crawford, the last Congressional nominee, was defeated.
There was opposition to the Congressional caucus from the
beginning, for such a method was regarded as undemocratic. In 1824
and 1828 the several State legislatures put forward their favorites
for the office of President.
Development of National Conventions.--As early as 1812, De
Witt Clinton was nominated as the candidate of the Federalists in a
convention held in New York City, made up of seventy delegates, who
represented eleven States. But the National nominating convention,
as we know it, was used for the first time by the Anti-Masonic
party, which selected William Wirt for its candidate in 1831. This
method was followed in the same year by the National Republican
party, which nominated Henry Clay. The National convention of the
Democratic party in 1832 nominated Andrew Jackson, who had already
been nominated by many local conventions and State legislatures.
Many years elapsed before the present complex organization was
reached, but since 1836, with the single exception of the Whig
party in that year, parties have regarded the National convention
as an essential factor in electing President and Vice-President.
Prior to the nominations for the Presidency in 1912, the usual plan
was to select two delegates to the National convention from each of
the Congressional districts, and also four delegates at large. The
district delegates were chosen in the district conventions of the
different parties, and the delegates at large in State conventions.
In some of the States all of the delegates were selected in the
State conventions.
It now seems probable before another Presidential election that
some form of the _direct primary_ will be in use in all of the
States. The growth of sentiment in favor of the selection of
delegates to the National convention by the direct primary has been
most remarkable. Oregon, California, Nebraska, New Jersey, North
Dakota, Wisconsin, Illinois, Maine, Maryland, Massachusetts, and
Michigan passed such primary laws prior to the election of 1912.
Pennsylvania had a modified primary law, and in a number of other
States there were voluntary primaries.
Election of Delegates to the National Conventions.--The
National conventions of the Republican and the Democratic parties
are made up of twice as many delegates from the different States as
these States have representatives and senators in Congress.
The National Convention.--The National convention is held in
some leading city during the month of June or July of the year in
which a President is to be elected. A few days before the time set
for the convention, the delegates, together with many thousands of
politicians and sight-seers, flock to that city. Headquarters are
established and delegates are interviewed on behalf of the
different candidates. On the day appointed, the convention is
called to order by the chairman of the National committee, under
whose auspices the convention is to be held. A temporary chairman
is elected, and clerks and secretaries are appointed. Committees
are also appointed, the most important being those on credentials
and on resolutions. Each State delegation selects one of its
members for each of the committees. In the next session, a
permanent chairman is usually selected, and the committee on
resolutions presents its report, which sets forth the platform
embodying party doctrines and principles. Nominations are then in
order. The roll of States is called, and the various delegations
place before the convention the favorite of their State. A State
often waives its privilege in behalf of some other State which has
a candidate to present. Again the clerk calls the roll of the
States, and each chairman of a delegation announces the votes from
his State. In the Republican convention a majority of the number of
delegates voting is sufficient to nominate; but no nomination is
possible in the Democratic convention except by a vote of
two-thirds of the delegates. Then follows the selection of a
candidate for Vice-President. In this choice the attempt is made to
secure some man who will add strength to the party, and who comes
from a different section of the country from that represented by
the candidate for the Presidency. He may, as in the cases of Tyler
and Johnson, represent a faction of the party that is not in entire
agreement with the majority.
The National Committee.--A National committee is also
appointed, made up of one member from each State, who is nominated
by the State delegation. The wishes of the Presidential candidate
are of influence in the choice of the chairman, who need not be a
member of the convention. The committee occupies a position of
great importance, for by it the platform of the party is largely
determined. We have here a body of men not mentioned by the
Constitution, but exerting vastly greater influence upon the
election of President than does the electoral college itself. It
organizes the campaign, secures money, selects speakers, and sends
out party literature. The committee looks after the interests of
the party during the ensuing four years and issues the call for the
next National convention.
Election of Electors.--We are now ready to consider the place of
the electors in the choice of a President. The nominations of candidates
for the office of elector are usually made at the State conventions of
the different parties when State tickets are nominated. These occur,
ordinarily, in August or September preceding the November election.
Each political party nominates as many electors as the State has
senators and representatives in Congress. The names of the electors are
then placed on the general party ticket, on which appear also the names
of the candidates for President and Vice-President; each person then
votes for the entire number of electors to which his State is entitled,
and will naturally vote for all the electors on his party ticket. The
political party, therefore, which receives the majority of votes in a
State secures all the electoral votes of that State.[40]
[Footnote 40: It has sometimes happened, however, when the election in a
State has been close, that one or more of the electors on a minority
ticket have run ahead of the other candidates on that ticket, and have
secured a larger number of votes than candidates on the majority ticket,
thus obtaining an election. California, in 1892, gave one electoral vote
to Mr. Harrison and eight to Mr. Cleveland, and again, in 1896, gave
eight votes to Mr. McKinley and one to Mr. Bryan. Kentucky, in 1896, cast
twelve votes for Mr. McKinley and one for Mr. Bryan.]
Vacancies in the Offices of Electors.--Congress enacted in
1845 that each State might provide, by law, for the filling of
vacancies in the electoral college, and that if any State failed to
choose electors on the regular day, that they might be appointed on
a later day in such manner as the State might, by law, direct.
Nearly all of the State legislatures have conferred on the college
itself the power of filling vacancies.
Function of Electors.--The steps prescribed by the Constitution
must still be followed, although we know, long before the electors cast
their votes, who the next President will be. The actual function of the
electors is given in Amendment XII, as follows:--
_The electors shall meet in their respective States and vote by ballot
for President and Vice-President, one of whom, at least, shall not be an
inhabitant of the same State with themselves; they shall name in their
ballots the person voted for as President, and in distinct ballots the
person voted for as Vice-President; and they shall make distinct lists
of all persons voted for as President, and of all persons voted for as
Vice-President, and of the number of votes for each, which lists they
shall sign, and certify, and transmit, sealed, to the seat of government
of the United States, directed to the President of the Senate;--the
President of the Senate shall, in the presence of the Senate and House
of Representatives, open all the certificates, and the votes shall then
be counted;--the person having the greatest number of votes for
President shall be the President, if such number be a majority of the
whole number of electors appointed; and if no person have such majority,
then, from the persons having the highest numbers, not exceeding three,
on the list of those voted for as President, the House of
Representatives shall choose immediately, by ballot, the President. But
in choosing the President, the votes shall be taken by States, the
representation from each State having one vote; a quorum for this
purpose shall consist of a member or members from two-thirds of the
States, and a majority of the States shall be necessary to a choice. And
if the House of Representatives shall not choose a President, whenever
the right to choose shall devolve upon them, before the fourth day of
March next following, then the Vice-President shall act as President, as
in the case of the death or other constitutional disability of the
President.--The person having the greatest number of votes as
Vice-President shall be the Vice-President, if such number be a majority
of the whole number of electors appointed; and if no person have a
majority, then, from the two highest numbers on the list, the Senate
shall choose the Vice-President; a quorum for the purpose shall consist
of two-thirds of the whole number of senators, and a majority of the
whole number shall be necessary to a choice. But no person
constitutionally ineligible to the office of President shall be eligible
to that of Vice-President of the United States._
Voting of the Electors.--The formal election of President takes
place on the second Monday in January, when the electors meet at their
various State capitals and cast their votes. Separate ballots are given
for Vice-President. Three separate sealed lists of the results are then
prepared. Two of these are sent to the President of the Senate, one by
mail and the other by special messenger. The third is deposited with the
United States district judge of the district in which the electors meet.
On the second Wednesday in February the votes are opened by the
President of the Senate, in the presence of the Senate and House of
Representatives, and counted. That person having a majority of the
electoral votes case for President is declared to be duly elected. The
one who has a majority of the electoral votes cast for Vice-President is
also elected to that office.
Election of President by the House of Representatives.--In
case no Presidential candidate receives a majority of the electoral
votes, the election goes to the House of Representatives, as is
provided in the amendment we are considering. Here the three
candidates having the highest number of votes are alone considered.
The voting is by States. In 1825 John Quincy Adams was elected
President in this way. He had fewer popular and fewer electoral
votes than Andrew Jackson, but he received the votes of thirteen
out of twenty-four States in the House.
Choice of Vice-President by the Senate.--The Senate is called
on to select the Vice-President in case no candidate has received a
majority of the electoral votes. The two candidates having the
highest number of votes are considered. The only instance of the
election of a Vice-President in this way occurred in 1837.
Disputed Returns, Election of 1876.--Disputes have arisen,
from time to time, over some of the returns of the electoral votes.
The most notable contest was that over the returns from Florida,
Louisiana, South Carolina, and Oregon, in 1877. If the twenty-one
electoral votes from these States should be counted for the
Republican candidates, they would be elected. Should just one of
those votes be given to the Democratic nominees, the Republicans
would lose the election. Now the Senate at this time was
Republican, and the House Democratic, and therefore no
satisfactory adjustment could be reached, because of party
prejudices. The excitement throughout the country was finally
relieved by the agreement on the part of both houses to refer the
decision to an "Electoral Commission."
This commission consisted of five judges of the Supreme Court, five
representatives, and five senators. After examining the returns,
the commission decided, March 2, 1877, by a vote of eight to seven,
that Hayes and Wheeler, the Republican candidates, had received the
twenty-one votes in dispute, thus giving them one hundred and
eighty-five electoral votes, and that Tilden and Hendricks, the
Democratic candidates, had received one hundred and eighty-four
electoral votes.
In consequence of the grave problem which arose in 1877, Congress
passed an act February 3, 1887, which provides that any contest in
the choice of electors in a State must be decided by the State
authorities under the laws of the State.
The Original Method of Choosing the President.--Because
Presidents Washington, Adams, and Jefferson for his first term,
were chosen by the plan given in the original clause, let us
notice, briefly, the method used at that time, and especially the
reasons for the change to the present plan.
Section 1, Clause 2. _The electors shall meet in their respective
States, and vote by ballot for two persons, one of whom, at least,
shall not be an inhabitant of the same State with themselves. And
they shall make a list of all the persons voted for, and of the
number of votes for each; which list they sign and certify, and
transmit, sealed, to the seat of the government of the United
States, directed to the President of the Senate. The President of
the Senate shall, in the presence of the Senate and House of
Representatives, open all the certificates, and the votes shall
then be counted. The person then having the greatest number of
votes shall be President, if such number be a majority of the whole
number of electors appointed; and if there be more than one who
have such a majority, and have an equal number of votes, then the
House of Representatives shall immediately choose, by ballot, one
of them for President; and if no person have a majority, then, from
the five highest on the list, the said House shall, in like manner,
choose the President. But in choosing the President, the votes
shall be taken by States, the representation from each State having
one vote; a quorum for this purpose shall consist of a member or
members from two-thirds of the States, and a majority of all the
States be necessary to a choice. In every case, after the choice of
the President, the person having the greatest number of votes of
the electors shall be the Vice-President. But if there should
remain two or more who have equal votes, the Senate shall choose
from them, by ballot, the Vice-President._
According to this clause, we note that the electors voted for two
persons without stating which was to be President and which
Vice-President. In the official count, the candidate receiving the
highest number of votes, provided it was a majority of the whole
number of the electoral votes, became President, and the one
receiving the next highest became Vice-President.
Election of 1796.--In the election of 1796, John Adams, who
received the highest number, seventy-one, out of one hundred and
thirty-two electoral votes, was elected President. Thomas
Jefferson, his opponent, became Vice-President, having received
sixty-eight votes, or the next highest number. Thus there were
elected a President of one party and a Vice-President of the
opposing party.
Election of 1800.--The election of 1800 also showed the plan
to be impracticable. At this time, the Democratic-Republican party
was determined to have Mr. Jefferson for President and Aaron Burr
for Vice-President. They both received seventy-three votes, a
majority of all the votes. But since the number was equal, it
devolved upon the House of Representatives to determine whether
Jefferson or Burr should be President. For seven days the House was
in continuous session, and civil war threatened. On the
thirty-sixth ballot, however, Jefferson received the votes of ten
States out of sixteen, and was elected.
In order to prevent a recurrence of the conditions which obtained
in 1796, or of the dangers incident to a contest like that of 1800,
the Twelfth Amendment was proposed by Congress, and, after
ratification, was declared in force September 25, 1804. This
provides, as we have seen, that the electoral votes must be cast
separately for President and Vice-President.
The Presidential Term.--Shall the President hold office for a
term of three years, of seven years, or during good behavior? These
were questions of great interest in the Constitutional Convention.
A term of seven years with no re-election was agreed upon, but
toward the end of the convention the clause as given was adopted.
Re-election of a President.--The Constitution does not limit
the number of terms for which a President may be chosen, but the
"third-term tradition" has now made it practically impossible for
the same man to be elected for more than two terms. This custom was
inaugurated by the refusal of President Washington to accept a
third term. President Jefferson was also urged to stand for a third
term, but he, too, preferred to retire to private life as
Washington had done. The adherents of General Grant strove to break
down this precedent in 1880 but were defeated. Although President
Roosevelt had served a part of a term and one full term the
argument of a third term was brought against him.
A Longer Term.--It is frequently urged that the Constitution
should be amended in such a manner as to provide for a term of six
or seven years for the President, with no re-election. Among the
reasons for this change are the following: (1) a new President has
most of his time, for months, at the beginning of his term,
consumed in hearing the claims of applicants for office, and in
making appointments; (2) there is danger that he may be influenced
in his official actions through desire to secure a second term; (3)
the commercial depression that usually exists during a campaign
would thus come less frequently. These arguments may be used in
opposition to such a change: (1) in the case of an inefficient
President, the short term is to be preferred; (2) the Presidential
campaign is of value, in that the attention of Americans generally
is for a time fixed on the problems connected with the conduct of
our government. It furnishes the opportunity for imparting to our
citizens many lessons in their political education.
Qualifications for President and Vice-President.--The
qualifications for President and Vice-President are naturally the same,
and are as follows:--
Section 1, Clause 4. _No person, except a natural-born citizen, or a
citizen of the United States at the time of the adoption of this
Constitution, shall be eligible to the office of President; neither
shall any person be eligible to that office who shall not have attained
to the age of thirty-five years, and been fourteen years a resident
within the United States._
Vacancies.--The chief reason for creating the office of
Vice-President seems to have been to provide for the emergency of a
vacancy in the Presidency.
Section 1, Clause 5. _In case of the removal of the President from
office or of his death, resignation, or inability to discharge the
powers and duties of the said office, the same shall devolve on the
Vice-President, and the Congress may, by law, provide for the case of
removal, death, resignation, or inability both of the President and
Vice-President, declaring what officer shall then act as President, and
such officer shall act accordingly, until the disability be removed, or
a President shall be elected._
Presidential Succession.--In 1886 Congress provided that in case of the
death, resignation, or disability[41] of both President and
Vice-President, the succession should be in the following order:
Secretary of State, Secretary of the Treasury, Secretary of War,
Attorney-General, Postmaster-General, Secretary of the Navy, Secretary
of the Interior. The Secretary of Agriculture was added in 1889.
[Footnote 41: What constitutes disability has not been settled.
President Garfield performed only the single executive act of signing an
extradition paper from July 2 to September 19, 1881. The fact of his
inability to discharge the duties of President was not formally
established. Nor was there declared disability in the case of President
McKinley, between September 6 and the day of his death, September 14,
1901.]
Salary of the President.--Section I, Clause 6. _The President shall, at
stated times, receive for his services a compensation, which shall
neither be increased nor diminished during the period for which he may
have been elected, and he shall not receive within that period any other
emolument from the United States or any of them._
In 1909 the salary of the President was changed from $50,000 to $75,000
a year. The custom has been established that no President shall receive
a gift from any civil body, such as a city council, a State legislature,
or a foreign state. In addition to his salary, the President is provided
with an "executive mansion," the "White House," which is furnished at
the expense of the government. The Vice-President receives $12,000
annually.
Salaries of Foreign Rulers.--The salary paid our President is
small when we compare it with the grants made to European rulers.
In 1901 the English government voted some $4,000,000 for the annual
use of the royal household. The Czar of Russia receives $6,500,000
annually, in addition to revenues derived from 1,000,000 square
miles of crown domains. The President of France receives $231,600
annually.
Inauguration Day.--One of the most notable of our civic festivals occurs
on the fourth of March[42] after the Presidential election. Then
thousands of people go to Washington to witness the inaugural exercises,
by which the President and Vice-President are formally invested with
their offices. The Constitution provides that the President shall take
the following oath of office before entering on his duties:--
Section I, Clause 7. _I do solemnly swear (or affirm) that I will
faithfully execute the office of President of the United States, and
will to the best of my ability preserve, protect, and defend the
Constitution of the United States._
[Footnote 42: It is frequently urged, with good reason, that this date
should be changed to a time of year when the weather in Washington would
be more favorable. An amendment, recently sanctioned by the Senate,
provides that the date for the inauguration shall be the last Thursday
of April. The chief objection to this change seems to be the further
extension of time between the election and the assuming of duties.]
It has been established, by custom, that the oath shall be administered
by the Chief Justice of the United States, at the east front of the
Capitol. After taking the oath the President gives his inaugural
address, which outlines the policy he purposes to carry out.
Immediately after his inauguration, unless it be his second term, he
calls the Senate together, and places before it his nominations for
members of the cabinet, and for such other important offices as he may
desire to make.
SUPPLEMENTARY QUESTIONS AND REFERENCES.
1. Which of the Presidents have served two terms? How was their election
for a second term to be accounted for?
2. The method of calling National political conventions. When held?
Questions considered. Make a study of the last convention. Cosmop., 29:
194-200; Scribner's Mag., 27: 643-656.
3. Under what conditions was the first platform of a National convention
agreed upon? Wilson, Division and Reunion, 63.
4. For the work of the National committee, see Rev. of R's, 22: 549-556;
556-563.
5. The power of the chairman of the National committee is discussed in
Atl. Mo., 89: 76-81.
6. What was the probable origin of the system of electing the President
by electors? Harrison, This Country of Ours, 78; Fiske, Critical Period
of American History, 66, 280-289.
7. For the methods which have been used in electing a President, see N.
Am. Rev., 171: 273-280.
8. Should the President be elected by direct popular vote? N. Am. Rev.,
171: 273-280; 281-288; Scribner's Mag., 27: 643-656.
9. For some of the problems connected with the electoral colleges in the
history of elections, see Rev. of R's, 23: 66-69.
10. What is the method used in counting the electoral votes? Edmund
Alton, Among the Lawmakers, 88-89.
11. Do you agree with Mr. Bryce that the tendency is to select for
President men who have not been prominent? Bryce, American Commonwealth,
I, chap. 8.
12. Was the present President notable before his election? In what ways?
13. What were the chief causes for the success of his party?
14. How many electoral votes were required for election? He received
how many? Did he receive a majority of the popular votes? Election of
1900, Rev. of R's, 22: 673-674; 655-658.
15. How many electors were there from your State? For whom did they
vote? How is this majority in your State to be accounted for? Rev. of
R's, 22: 673-674, 655-658, 664.
16. Would successful governors make good candidates for President? In
what particulars do the offices resemble each other? Would you favor
making the governor of your State President? Wilson, Congressional
Government, 253, 254.
17. Why was the election of John Quincy Adams of especial interest? What
results followed? Burgess, The Middle Period, 140, 141; Wilson, Division
and Reunion, 18.
18. State the chief points connected with the "disputed election" of
1876. Wilson, Division and Reunion, 283-286; Johnston, American
Politics, 233-237; Cent. Mag., 62: 923-934.
19. Give the names of the Presidents who have died in office. By whom
were they succeeded?
20. For a good discussion of the _unit rule_ and _two-thirds_ rule of
the Democratic conventions, see Rev. of R's, 45: 705-710.
21. What is a "minority" President? Government in State and Nation, 264.
22. An interesting account of the White House. Outlook, 70: 287-299.
23. Inauguration events of 1901. Rev. of R's, 23: 405,406; Outlook, 67:
555, 556.
24. Incidents of Presidential inaugurations. World's Work, 1: 477-479.
25. For other questions and references on the chapter, see Government in
State and Nation, 231, 232.
CHAPTER XIV.
POWERS AND DUTIES OF THE PRESIDENT
Military Powers of the President.--An eminent American
historian,[43] writing of the power exercised by President Lincoln in
time of war, said, "It is an interesting fact, that the ruler of a
republic which sprang from a resistance to the English king and
Parliament should exercise more arbitrary power than any Englishman
since Oliver Cromwell, and that many of his acts should be worthy of a
Tudor."
[Footnote 43: James Ford Rhodes, _Scribner's Magazine,_ February, 1903.]
President Lincoln, it is true, exercised powers which, if attempted by a
weaker man, or at another time, might have proved dangerous to the
liberties of the people.[44]
[Footnote 44: For the suspension of the privilege of the writ of _habeas
corpus_, see p. 109.]
This he did through his interpretation of Clause 1, Section 2.
_The President shall be commander-in-chief of the army and navy of the
United States, and of the militia of the several States when called into
the actual service of the United States; he may require the opinion, in
writing, of the principal officer in each of the executive departments,
upon any subject relating to the duties of their respective offices, and
he shall have power to grant reprieves and pardons for offenses against
the United States, except in cases of impeachment._
Reprieves and Pardons.--The ordinary powers of the President are
also important.[45] One of the greatest is the power to grant reprieves
and pardons. A reprieve is the temporary suspension of the execution of
a sentence. By means of a reprieve the President may gain time to look
into the evidence more carefully. Complete release from a sentence is
secured by a pardon.[46]
[Footnote 45: For the power of the President over legislation by means
of the veto, see pp. 78, 79.]
[Footnote 46: President Harrison was called upon to consider 779
requests for pardon. Of these 527 were granted, wholly or partially.
President Cleveland acted on 907 such cases, and granted 506, in whole
or in part.]
Treaty-Making Power.--Section 2, Clause 2. _He shall have power, by
and with the advice and consent of the Senate, to make treaties,
provided two-thirds of the senators present concur_.
While the power to conclude treaties seems to be without restriction, it
is implied that no treaty shall in any way interfere with the authority
of the Constitution. The usual steps in the negotiation of treaties are
as follows: (1) In time of peace they are conducted at the capital of
the nation that begins the negotiation. If this is in Washington, the
terms are considered by the Secretary of State and the minister of the
other nation; if in a foreign capital, our minister acts under
instructions sent him by the Secretary of State. At times, one or more
special ministers are sent abroad for the purpose of negotiating a
treaty. (2) In time of war, the minister of the nation with which we are
at war leaves the United States. The interests of his nation are then
intrusted to the minister of some neutral power, and through this
minister negotiations for peace are usually begun. (3) The treaty of
peace at the close of a war is generally negotiated in some neutral
country by special commissioners appointed by the nations at war.
In all cases, the President exercises general control over the
negotiation and framing of treaties. After an agreement has been
reached, the treaty is sent to the Senate. It is discussed in executive
or secret session. This means that the treaty and all matters pertaining
to it are kept secret until, by a resolution, the Senate allows the
discussion to be made public. The Senate may approve, reject, or modify
the terms. If amendments are made, they must be agreed to by the
President and by the other nation interested. When a treaty has been
finally approved by the officials of both countries, duplicate copies of
it are made on parchment. Both of these copies are signed by the chief
officers of each country, and the copies are then exchanged. This is
called the "exchange of ratification." An official copy of the treaty is
thus secured by each nation. The President then publishes the treaty
accompanied by a proclamation, in which it is declared to be a part of
the law of the land.
If the terms of a treaty call for the payment of money by the
United States, the necessary amount can be appropriated only by an
Act of Congress. The House of Representatives may refuse to give
its sanction to such an appropriation, and may thus prevent the
treaty going into effect.
Power of Appointment.--When it is considered that the President has
the _nominal_ power of appointing over 150,000 persons to office, we
can readily see that this comprises one of his chief powers. His right
to select office-holders is granted in Section 2, Clause 2. _He shall
nominate, and by and with the advice and consent of the Senate, shall
appoint ambassadors, other public ministers and consuls, judges of the
Supreme Court, and all other officers of the United States, whose
appointments are not herein otherwise provided for, and which shall be
established by law; but the Congress may by law vest the appointment of
such inferior officers as they think proper, in the President alone, in
the courts of law, or in the heads of departments._
Vacancies.--Section 2, Clause 3. _The President shall have power to fill
up all vacancies that may happen during the recess of the Senate, by
granting commissions which shall expire at the end of their next
session._
Presidential Appointments.--It would be quite impossible for the
President, personally, to oversee all of these appointments, and so a
large percentage of them is made by officials in the different
departments. There are, besides the ambassadors, consuls, and judges of
the Supreme Court, some 7000 so-called Presidential officers, whose
appointments must receive the sanction of the Senate. More than one-half
of these are postmasters of the first class[47]. Among the most
important of these officers are the Cabinet, interstate commerce
commissioners, district attorneys, and all military and naval officers
whose appointment is not otherwise ordered by law.
[Footnote 47: Those who receive an annual salary of $1000 and above.]
Official Patronage.--In making his appointments the President
is largely dependent upon the advice of the head of that department
under whose direction the officer will come, or upon the
recommendation of the representatives and senators of his party
from the State in which the office is located. This official
patronage, through which political assistants in a State may be
rewarded with a Federal office, has become so burdensome that many
Congressmen complain of it and desire to be freed from its
exactions.
Senatorial Courtesy.--There has grown up an almost invariable
custom, known as senatorial courtesy. This demands that if the
office to be filled is located in a State, the appointment be not
confirmed unless it receives the sanction of one or both of the
senators of the State concerned, provided they are members of the
same political party as the President.
Action of the Senate on Nominations.--All of the nominations
sent by the President to the Senate are submitted to appropriate
committees, as, postmasters to the Post Office Committee,
ambassadors to the Committee on Foreign Affairs. The report of the
committee is considered in secret session, and the nomination is
then voted on. If the vote is adverse, the President must make
another nomination.
The Spoils System.--During the first forty years of our government
there were only seventy-four removals from office. The opinion was
general that there were a large number of strictly non-political offices
in the departments and elsewhere, the holders of which should be
regarded as agents or clerks whose duty it was to assist in carrying on
the business of government. Therefore the best results could be secured,
it was believed, only as these positions should be filled by persons the
most competent, who might hope to retain the office so long as they gave
efficient service. But with the coming in of President Jackson the
"spoils system" was introduced. This system, in practice, provides that
political workers belonging to a victorious party may, as far as
possible, receive reward for their services in the shape of some office.
"To the victors belong the spoils of the enemy" is the familiar motto of
those who have advocated this system. During the first year of President
Jackson's administration 2000 officials were deprived of their offices,
and friends of the administration were put in their positions. From that
time there has been great pressure on every new President similarly to
reward his followers.
Civil Service Reform.--While the evils had been pointed out at
various times, little was done to remedy the spoils system until
Congress, in 1883, passed the Civil Service Law, known as the Pendleton
Bill. It provides for a Civil Service Commission of three members, not
more than two of whom may belong to the same political party. This
commission gives competitive examinations, which are required for
testing the fitness of applicants for certain positions in the public
service. The number of offices originally included under the act was
about 14,000. The President is given the power to direct the further
extension of the "classified service," that is, those positions that are
to be filled by persons who have passed the best examinations. In 1913
there were some 284,000 classified offices. While much has been
accomplished, during the past twenty years, toward reforming civil
service appointments, it is to be hoped that a large number of the
unclassified offices will, at an early date, be placed on the list to be
filled only after examination.[48] The National government may thus
further assist in the movement for like reforms already so well begun in
some of our States and cities.
[Footnote 48: In 1913 there were 100,000 unclassified or excepted
offices. During the year 1901-1902, the civil service rules providing
for competitive examinations were extended by order of the President or
by act of Congress so as to include the rural free delivery service,
employees of the permanent census bureau, and additional employees made
necessary because of the war with Spain. Five thousand eight hundred
offices were placed on the competition basis in 1911, and 50,000 in
1913.]
Duties of the President.--Section 3. _He shall, from time to time,
give to the Congress information of the state of the Union, and
recommend to their consideration such measures as he shall judge
necessary and expedient; he may, on extraordinary occasions, convene
both houses, or either of them, and in case of disagreement between
them, with respect to the time of adjournment, he may adjourn them to
such time as he shall think proper; he shall receive ambassadors and
other public ministers; he shall take care that the laws be faithfully
executed, and shall commission all the officers of the United States._
Presidential Messages.--By means of the annual message sent to
Congress at the opening of the session, and special messages on
particular occasions, the President is enabled to call attention to the
legislative needs of the country. The plan of having a message read in
each house by the clerk or secretary was introduced by President
Jefferson. Presidents Washington and Adams addressed, in person,
Congress assembled in joint session. Various reasons have been alleged
for this change. President Jefferson was a poor speaker, and it is said
that he regarded the formal address as monarchical. President Wilson
read his message before Congress in the special session of April, 1913.
Enforcement of the Laws.--The most important duty of the President
is to see that all laws passed by Congress are faithfully executed. Laws
are useless unless they are enforced, and it is chiefly for the
performance of this task that the Executive was originally created. It
is not contemplated that this duty shall be performed by him in person,
but through officials who are directly responsible to him. The United
States marshals and their deputies exercise a wide influence in seeing
that the laws are enforced. They usually act under an order from a
United States court, but may, at times, act without such a writ. If
necessary, the President may send the army and navy of the United States
or call out the militia of the States to overcome any resistance to
Federal law.
Each State possesses the power of enforcing its own laws and is of
right protected in the exercise of this prerogative. In case of an
insurrection, however, the State militia is sent by order of the
governor to suppress it. Should they fail to restore order, the
legislature, or the executive (when the legislature cannot be
convened), applies to the President for military aid.[49] If the
uprising has interfered in any way with the carrying out of the
laws of the nation, the President may, at his discretion, send
troops to suppress it without having been asked to do so by the
legislature or the governor. There was a notable illustration of
this point during the time of the Chicago riots, in July, 1894.
[Footnote 49: Article IV, Section 4. _The United States shall
guarantee to every State in this Union a republican form of
government, and shall protect each of them against invasion; and on
application of the legislature, or the executive (when the
legislature cannot be convened), against domestic violence._]
President Cleveland _vs_. The Governor of Illinois.--In
addition to destroying property belonging to the railways centering
in Chicago, the striking employees prevented the free movement of
the trains. Mr. Altgeld, then governor of Illinois, did not provide
against these abuses, and President Cleveland ordered the United
States troops under General Miles to suppress the rioting. The
President, who was severely criticized by Mr. Altgeld, justified
his sending the troops on the following grounds: (1) that the
processes of the Federal courts could not be executed; (2) that the
transportation of the United States mails was obstructed; and (3)
that the laws on interstate commerce were not enforced.
The United States Supreme Court took the same position as President
Cleveland in a case which grew out of these riots. Mr. Justice
Brewer, in delivering the opinion of the court, said: "We hold that
the government of the United States is one having jurisdiction over
every foot of soil within its territory and acting directly upon
each citizen; that, while it is a government of enumerated powers,
it has within the limits of those powers all the attributes of
sovereignty; that to it is committed power over interstate commerce
and the transmission of the mails, and that these powers have been
assumed and put into practical exercise by the legislation of
Congress."
SUPPLEMENTARY QUESTIONS AND REFERENCES.
1. What have been some of the most important treaties entered into on
the part of the United States?
2. For the treaty made at the close of the Spanish-American War, see
Rev. of R's, 18: 258, 371, 515, 631; 19: 11, 261, 262, 266, 267.
3. In what ways may a treaty be abrogated? Harrison, This Country of
Ours, 140, 141.
4. May a President have many of the privileges of private life?
Harrison, This Country of Ours, 177-180.
5. What are some of the official cares of the President? Harrison, This
Country of Ours, 162-177.
6. The overworked President. McClure's Mag., 28: 483-492; Rev. of R's,
25: 464-466.
7. Secure a copy of the last report of the Civil Service Commission, and
also Manual of Examinations for the Classified Service of the United
States, and look up the following:--
_a_. How many persons are included in the civil service of the United
States?
_b_. What proportion of them is included in the classified service?
_c_. Does the law of 1883 seem to have brought about satisfactory
results?
_d_. What offices have been included in the extension of the Civil
Service Law?
_e_. What is the nature of the questions asked in the examinations? i
8. The Fifteenth Annual Report of the commission (pp. 443-485) contains
an account of the appointments and removals by the various Presidents
from 1789 to 1883. Also an account of the growth of civil service reform
in the States and cities of the United States, pp. 489-502.
9. May a man be fitted for political preferment and not be competent to
pass an adequate examination?
10. For other articles on civil service reform, see _(a)_ The Civil
Service and the Merit System, Forum, 27: 705-712. _(b)_ Some
Popular Objections to Civil Service Reform, Atl. Mo., 65: 433-444;
671-678. _(c)_ Roosevelt, An Object Lesson in Civil Service Reform,
Atl. Mo., 67: 252-257. _(d) _George William Curtis and Civil Service
Reform, Atl. Mo., 75: 15-24. _(e)_ Rice, Improvement of the Civil
Service, N. Am. Rev., 161: 601-611. _(f)_ Roosevelt, Present Status
of Civil Service Reform, Atl. Mo., 75: 239-246. _(g)_ Roosevelt, Six
Years of Civil Service Reform, Scribner's Mag., 18: 238-247. _(h)_
The Purpose of Civil Service Reform, Forum, 30: 608-619.
11. What was the Tenure of Office Act of 1867? Why did it become of
great importance? Is it still in force? Wilson, Division and Reunion,
267, 270-271, 297; Harrison, This Country of Ours, 101-103.
12. What were the chief points discussed in the President's last annual
message?
CHAPTER XV.
THE CABINET.
Formation of Departments.--The Constitution nowhere mentions the
President's Cabinet. It was taken for granted, however, that departments
similar to those found in the Cabinet would be formed. The Constitution
declares that the President "may require the opinions in writing of the
heads of the executive departments," and again, that "Congress may vest
the appointment of certain inferior officers in the heads of these
departments."
In 1789 the first Congress created the Departments of State, War, and
Treasury, also the office of Attorney-General. President Washington's
Cabinet consisted of the officials whom he appointed to fill these four
positions. The Navy Department was added in 1798. While a Post-Office
Department was established in 1794, the Postmaster-General was not made
a member of the Cabinet until 1829. In 1849, the Interior Department was
created by grouping under it certain duties which had belonged to other
departments. The Department of Agriculture was made a Cabinet position
in 1889. In 1903 the Department of Commerce and Labor was authorized by
an Act of Congress, and in 1913 the Department of Labor was created.
Members of the Cabinet receive an annual salary of $12,000.
The President and His Cabinet.--One of the first official acts of
a President is to send to the Senate, for its approval, the names of the
men whom he desires shall constitute his Cabinet. This is now a mere
formality. The President is himself the one most interested in the
success of his administration and is of right given complete freedom in
selecting his immediate advisers. While the views of the members of the
Cabinet usually have weight with the President, he is not obliged to
take their advice. Indeed, in some instances the President has carried
out a line of action which was against the wishes of the secretary of
the department affected.
THE DEPARTMENT OF STATE.
The Secretary of State.--The Secretary of State is commonly called
the head of the Cabinet. He is first in rank at the Cabinet table, and
occupies the seat of dignity at the right of the President. Under the
direction of the President he conducts all negotiations relating to the
foreign affairs of the nation; carries on the correspondence with our
representatives in other countries; receives the representatives of
foreign powers accredited to the United States, and presents them to the
President. Through him the President communicates with the executives of
the different States. He has charge of the treaties made with foreign
powers, and negotiates new ones. He has also in his keeping the laws of
the United States and the great seal which he affixes to all executive
proclamations, commissions, and other official papers. During the year
1909 the department was reorganized in such a manner as to create a
division of Latin-American affairs and divisions for Far Eastern, Near
Eastern, and Western European affairs.
The Diplomatic Bureau.--The United States, in common with other
nations, sends representatives to the foreign capitals. They are the
agents through whom the Secretary of State communicates and negotiates
with other powers. Such affairs are conducted through the Diplomatic
Bureau. The United States has now about thirty-five ambassadors and
ministers. Our representatives at the courts of England, France,
Germany, Russia, Italy, Austria, Mexico, Brazil, Japan, and Turkey are
known as ambassadors. The ambassadors to these countries receive a
salary of $17,500 each.
The social demands made upon our ambassadors are great, and they
are also obliged to provide for their places of residence. The
salaries paid are not sufficient to meet these necessary expenses,
and are small in comparison with those paid by the European nations
to officers of the same rank. Thus, the English ambassador at
Washington receives a salary of $32,500. Besides the English, the
German, the Japanese, and some other nations have provided houses
for their legations.
The Consular Bureau.--A consul is sent by the United States to each
of the chief cities in the consular districts into which foreign
countries are divided by our State Department. These consuls, of whom
there are three grades, consuls-generals, consuls, and consular agents,
look after the commercial interests of the United States in those
districts. They make monthly reports on improvements in agricultural
and manufacturing processes. These reports also give information
regarding good markets for our products and of the best markets in which
to purchase foreign products.[50]
[Footnote 50: Among scores of similar subjects, our consuls reported,
within recent years, on the following: American goods in Syria; American
commerce with Asia Minor and Eastern Europe; German opinion of American
locomotives; American coal in Germany; European and American
competition.]
Consuls care for destitute American sailors and protect the interests of
our citizens in foreign countries. In some of the non-Christian nations,
such as China and Turkey, they also have jurisdiction over all criminal
cases in which any American citizen may be a party. The importance of
such services to our country is self-evident. The appointment of these
officials was formerly secured under party pressure. According to the
rule adopted in 1906, all vacancies in the consular service are
hereafter to be filled by promotion for ability and efficiency in the
service or by appointment of those who have passed the civil service
examination.
THE DEPARTMENT OF THE TREASURY.
The Secretary of the Treasury.--The Department of the Treasury is
the most extensive and complex of the executive departments. In general,
the Secretary of the Treasury has charge of the finances of the nation.
He is required to prepare plans for the creation and improvement of the
revenues and the public credit and to superintend the collection of the
revenue. He gives orders for all moneys drawn from the Treasury in
accordance with appropriations made by Congress, and submits an annual
report to Congress which contains an estimate of the probable receipts
and expenditures of the government.
The Auditors.--It is very important that the accounts of the
government should be carefully scrutinized, and one of the six
auditors connected with the Treasury Department must pass upon the
accounts of every public officer who pays out money. Thus, the
Auditor for the Treasury Department examines all accounts of
salaries and incidental expenses of the office of the Secretary of
the Treasury and all other offices under his immediate direction,
such as the Treasurer and Directors of the Mints.
The Treasurer.--All the money of the United States is under
the care of the Treasurer. He receives and pays it out upon the
warrant of the Secretary of the Treasury or a designated assistant,
redeems the notes of the National banks, and manages the
Independent Treasury System. This system renders the Treasury
Department practically independent of the banks of the country. It
includes the Treasury at Washington and sub-treasuries, each in
charge of an assistant treasurer at Boston, New York, Philadelphia,
Baltimore, Cincinnati, Chicago, St. Louis, New Orleans, and San
Francisco. While the greater part of the money belonging to the
government is found in these places, about two hundred National
banks have also been designated as public depositories.
The Chief of the Bureau of Engraving and Printing.--The
Bureau[51] of Engraving and Printing is one of the largest in the
department and employs about 1600 people. It has been said that the
products of this bureau, in the course of a single year, represent
a sum equal in value to all the money in circulation in the United
States; for here the engraving of the plates and the printing of
all the United States circulating notes, bonds, revenue stamps, and
postage stamps are done.
[Footnote 51: The work of each department is usually distributed among
the bureaus. Bureaus are again divided into divisions. At the head of
each bureau is a commissioner, and of each division a chief.]
Other Officers of the Treasury Department.--Among the other
leading officials of the Treasury Department are: Comptroller of the
Currency, Commissioner of Internal Revenue, General Superintendent of
the Life-saving Service, Solicitor of the Treasury, Supervising
Surgeon-General, and Supervising Architect.
The Life-Saving Service.--This is one of the most important
offices in the Treasury Department. More than 2000 men are employed
in the 273 stations, located generally at danger points on the
oceans and the Great Lakes. Out of the 6000 lives imperiled in the
year 1910 in the disasters on water, only 53 were lost. Of the 1463
vessels of all kinds in distress, 1407 were rendered assistance by
life-savers. It has been estimated that over 230,000 lives have
been saved through this service since it was founded in 1848.
The Solicitor of the Treasury.--The Solicitor of the Treasury
is the law officer of the department, and has charge of all
prosecutions by the government arising out of the counterfeiting of
the government securities, or of the infringement of customs
revenue, and of all suits for the collection of moneys due the
United States, except those due under the internal revenue laws.
The Supervising Surgeon-General.--The Supervising
Surgeon-General superintends the twenty-two marine hospitals where
our sick sailors are cared for; conducts the quarantine service of
the United States, and directs the laboratories for the
investigation of the causes of contagious diseases.
THE WAR DEPARTMENT.
The Secretary of War.--The Secretary of War, under the direction of
the President, has charge of the military affairs of the government. He
supervises all estimates of appropriations for the expenses of the
department.[52] He has under his supervision also the military academy
at West Point, all National cemeteries, and river and harbor
improvement. The chiefs of the eleven bureaus are regular army officers.
[Footnote 52: The annual appropriation by Congress for the army alone in
1912 amounted to $90,483,403.]
The Adjutant-General.--The Adjutant-General issues orders for
the muster of troops and for their movement, conducts the
correspondence of the department, and keeps the records.
The Inspector-General.--The Inspector-General examines and
reports on all places where United States troops are stationed; on
public works carried on by army officers; and on the military
academy and prisons.
The Quartermaster-General.--Under direction of the
Quartermaster-General the army is transported, clothed, and
equipped.
The Chief of Ordnance.--Arms are supplied by the Chief of
Ordnance. The arms used are manufactured chiefly in the United
States arsenals. The arsenals at Springfield, Mass., and Rock
Island, Ill., manufacture rifles and carbines; and that at West
Troy, N.Y., cannon and mortars.
The United States Military Academy.--The United States
Military Academy at West Point was founded in 1802. The corps of
cadets is made up of one cadet from each of the Congressional
districts, one from each of the Territories and the District of
Columbia, and one hundred from the United States at large. Prior to
the year 1900 there were only ten cadets at large. The act of that
year also provided that thirty cadets were to be named by the
President directly and the remainder apportioned among the States.
They all receive their appointments from the President, but it has
become the custom for the representatives and delegates to select
(usually after a competitive examination) those from the
Congressional districts and the Territories. The cadet must be
between seventeen and twenty-two years of age. Each receives $540 a
year during the four years of his course. Upon graduation, the
cadets are commissioned as second lieutenants in the united States
army. In case there are more graduates than vacancies, those in
excess are honorably discharged with the payment of one year's
salary.
THE NAVY DEPARTMENT.
The Secretary of the Navy--The duties of the Secretary of the Navy
pertain to the construction, manning, arming, quipping, and employment
of war-vessels.[53]
[Footnote 53: The appropriation for this department in 1913 was
$140,000,000.]
The United States Naval Academy.--The naval academy at Annapolis
was established in 1846. One cadet is allowed in the naval academy for
each member or delegate of the House of Representatives, one for the
District of Columbia, and ten at large. Candidates for admission, at the
time of their examination, must be between the ages of fifteen and
twenty years. The nomination of a candidate to fill a vacancy is made
upon recommendation of a representative or delegate if made before July
1; but if no recommendation be made by that time, the Secretary of the
Navy fills the vacancy by appointing an actual resident of the district
in which the vacancy exists. The President selects the candidates at
large and the cadet for the District of Columbia. At the conclusion of
the six years' course, two of which are spent at sea, the graduates are
assigned in order of merit to the vacancies that may have occurred in
the lower grades of the line of the navy and of the marine corps. Cadets
who are not assigned to service after graduation are honorably
discharged and are given $500, the amount they have received each year
of their course at the academy.
THE DEPARTMENT OF JUSTICE.
The Attorney-General.--The Attorney-General is the legal adviser of
the President and of the heads of the departments. He supervises the
work of all the United States district attorneys and marshals, and is
assisted by the Solicitor-General. Unless otherwise directed, all cases
before the Supreme Court and the Court of Claims in which the United
States is a party are argued by the Attorney-General and the
Solicitor-General.
THE POST-OFFICE DEPARTMENT.
The Postmaster-General.--The Postmaster-General is at the head of
this department. He appoints all of the officers of the department with
the exception of the four assistant postmasters-general and postmasters
of the first class, whose appointments are made by the President with
the consent of the Senate. The Postmaster-General may, with the consent
of the President, let contracts and make postal treaties with foreign
governments.
The Postal Union.--Since 1891 the United States has been a
member of the Universal Postal Union. By this union over fifty
distinct powers became parties to an agreement by which uniform
rates of postage were agreed upon and every facility for carrying
mails in each country was extended to all the others.
THE DEPARTMENT OF THE INTERIOR.
The Secretary of the Interior.--The Interior Department, under the
supervision of the Secretary of the Interior, is one of the most
complex and important of the departments. There are two assistant
secretaries in the department, while at the head of the other offices
are six commissioners and two directors.
The Commissioner of the General Land Office.--The Commissioner
of the General Land Office has charge of all the public lands of
the government, and supervises the surveys, sales, and issuing of
titles to this property.
The Commissioner of Education.--The Commissioner of Education
is the chief of the Bureau of Education. This bureau has charge of
the collection of facts and statistics relating to the educational
systems and to progress along educational lines in the several
States and Territories, and also in foreign countries. The reports
issued by the bureau are of great value to those interested in
education. The commissioner has advisory power only, except in
Alaska. Here he directs the management of the schools.
The Commissioner of Pensions.--The Commissioner of Pensions
supervises the examination and adjustment of all claims arising
under the laws of Congress granting bounty land or pensions on
account of services in the army or navy during the time of war.
That our government has not been ungrateful may be gathered from
the report of the commissioner for 1913. There were in that year
921,000 pensioners, to whom were paid approximately $180,000,000,
or an amount equal to about one-fifth of the total revenues of the
country.
The Commissioner of Indian Affairs.--Prior to 1871 the Indian
tribes were treated as independent nations by the United States,
but by a law of that year the general government was made the
guardian of their interests. The Commissioner of Indian Affairs
exercises a protecting care over these "wards" by directing the
work of the Indian agents and of the superintendents of Indian
schools.
There are some 300,000 Indians on the 150 reservations which are in
the various States and Territories.[54] The lands of these
reservations are held in common; that is, the ownership is tribal
rather than individual. It is the policy of the government,
however, to bring about the allotment of lands "in severally," and
thus to encourage the Indians to adopt an agricultural life. The
Indians are only partially self-supporting. Some tribes derive an
income from funds which are the proceeds derived from the sales and
cessions of their lands. The National government holds this money
in trust for them, and, by direct appropriation, supplies the
money, food, and clothing necessary to complete their support. The
appropriation for the Indians in 1912 was $9,854,000. Over
one-fourth of this sum was spent for their education in Indian
schools, numbering about 300, which are under the direct control of
the department.
[Footnote 54: Report of the Secretary of the Interior, 1910. Within
twelve years 89,000 Indians were granted full rights as citizens.]
The Director of the Geological Survey.--The Director of the
Geological Survey collects much valuable information through the
examination of the geological structure, mineral resources, and
mineral products of the United States. He has charge, also, of the
survey of the forest reserves.
THE DEPARTMENT OF AGRICULTURE.
The Secretary of Agriculture.--The duties of the Secretary of
Agriculture are, "To acquire and diffuse among the people of the United
States useful information on subjects connected with agriculture in the
most comprehensive sense of that word." The activities of the department
are along many lines, as indicated by the names of the bureaus and
divisions.
Bureau of Animal Industry.--Continuous advancement is being
made by the government toward placing the agricultural pursuits
upon a more scientific basis. One of its most important services is
performed in the Bureau of Animal Industry, which inspects the
greater part of the meat products exported to European countries.
The law providing for this inspection was necessary because of the
claim in European markets that diseased meats were shipped from the
United States. An inspection is also provided for live animals
intended for exportation and for animals imported. Much scientific
work is also devoted to a study of the various diseases of animals.
The Division of Seeds.--Over $100,000 are expended each year
by the Division of Seeds in the purchase of "rare and valuable"
seeds, bulbs, and plants. These are distributed free throughout the
country for the purpose of fostering the introduction of new and
more valuable crops.
Public Road Inquiries.--Another important interest is carried
on by the Office of Public Road Inquiries. Here experiments are
made with regard to the best system of road-making and the best
materials to be used for that purpose.
Weather Bureau.--Through the Weather Bureau daily forecasts
and warning of storms are sent to over 50,000 different points,
and storm signals are displayed at 300 places on our coasts. By its
operation, millions of dollars are saved each year to the
agricultural and maritime interests of the country. A recent decree
of the Post-office Department renders the reports of the bureau of
still greater service. Slips of paper having the storm, frost, or
other warnings printed on them are distributed by the rural mail
carriers at the various houses in the districts affected.
THE DEPARTMENT OF COMMERCE.
Nature of the Department.--Because of the nature of the subjects
assigned to this new department, it has rapidly become one of the most
important of the departments. Among the duties of the Secretary of
Commerce are these: to promote the commerce and the mining,
manufacturing, shipping, fishery, and transportation interests of the
United States. The President is given the power to transfer to the
department those bureaus in other departments which are engaged in
scientific or statistical work, the Interstate Commerce Commission and
the scientific divisions of the Agricultural Department being excepted.
The offices which have been transferred are as follows: the Bureau of
Statistics; Census Bureau; Bureau of Standards of Weights and Measures;
Bureau of Navigation; the Steamboat Inspection Service; Bureau of
Fisheries; Coast and Geodetic Survey and Light-house Board. The Bureau
of Corporations was created for the department. The Commissioner of
Corporations is expected to investigate the organization, conduct, and
management of the business of corporations and other combinations
engaged in interstate or foreign commerce, except such carriers as may
be subject to the interstate commerce act.
The Chief of the Bureau of Statistics.--The Chief of the
Bureau of Statistics collects and publishes the annual statistics
on commerce. These reports are of such a character that they are
invaluable to the President in the preparation of his messages; and
they are used extensively by the heads of departments, members of
Congress, and the public. Tariff laws, special legislation for
particular industries, and all international trade treaties are
also based on these compilations. The greatest demand is for the
Annual Statistical Abstract, which presents in a condensed form the
history of the commerce of the United States for a number of
preceding years.
The Superintendent of the Coast and Geodetic Survey.--This
officer superintends the survey of the coasts and rivers of the
United States. He has charge of the publication of charts and
sailing directions which are of inestimable value to mariners.
The Light-House Board.--The Light-house Board has charge of
the light-houses, of which 1199 had been established previous to
the year 1899, besides the light vessels and beacons used for the
protection of navigation.
THE DEPARTMENT OF LABOR.
On March 4, 1913, the bill was signed by the President which created the
Department of Labor. It is evidence of the spirit manifested by the
Americans to make their government serve the cause of human
conservation. Besides the Bureau of Information, which was created for
the department, there were transferred from other departments the Bureau
of Immigration[55] and the Children's Bureau. The Division of
Naturalization was made a bureau, and the Bureau of Labor was
constituted the Bureau of Labor Statistics.
[Footnote 55: In 1912 there were 838,172 immigrants to the United
States, and 2853 were refused admission. Of these there were 767
paupers, 31 contract laborers, 749 diseased persons.]
SUPPLEMENTARY QUESTIONS AND REFERENCES.
1. Does the President select the members of his Cabinet from among
former members of Congress? Would this be desirable?
2. Have the members of the Cabinet ever been allowed to appear before
Congress in the interests of their own departments? Would this be
desirable? Walker, The Making of the Nation, 92; Bryce, American
Commonwealth, I, Chapter 9; Atl. Mo., 65:771-772.
3. Who are now the heads of the executive departments? Were they
prominent in National affairs before they were selected for these
positions?
4. In 1901 a bill was introduced in the House of Representatives which
provided for an increase of the annual salary of the Vice-President to
$25,000, and that of each member of the Cabinet to $15,000. What reasons
can you give for or against such a change?
5. What was the history of the State Department prior to 1789? Harrison,
This Country of Ours, 182-187.
6. Give a list of the Presidents who have been Secretaries of State. How
do you account for this policy in the first years of our government, and
not at a later time? Name some of the other prominent Secretaries of
State.
7. Who are our ambassadors? Can you give the name of any foreign
ambassadors in Washington? See Congressional Directory.
8. The methods by which our ministers are selected, take possession of
their offices, and are presented at foreign courts, are described in
Curtis, The United States and Foreign Powers, 15-21.
9. The duties of ministers. Curtis, The United States and Foreign
Powers, 22-26.
10. Are our ambassadors given adequate salaries? Curtis, The United
States and Foreign Powers, 13, 14.
11. From a consular report learn what the duties of a consul are?
Curtis, The United States and Foreign Powers, 30-33.
12. For an account of our consular service, a comparison with that of
other nations, and a consideration of some of the weaknesses in our
system, see Curtis, The United States and Foreign Powers, 28-30.
13. A business man and the consular service. Century Mag., 60: 268-271.
14. Abuses in our consular system arising through appointment. Atl Mo.,
85:455-466, and 669-683.
15. A plea for consular inspection. Forum, 30:28-34.
16. What is the great seal of the United States, and what is its use?
Harrison, This Country of Ours, 199-200.
17. What is the particular work of the Marine Department? of the
Steamboat Inspection Service? of the Marine Hospital? Lyman J. Gage,
Organization of the Treasury Department, Cosmopolitan, 25:355-365.
18. What is the work of the Bureau of Engraving and Printing? Spofford,
The Government as a Great Publisher, Forum, 19:338-349.
19. What is the extent of our merchant marine? Should it be increased?
Statistical Abstract of the United States, 1900, 437-450.
20. From the appendix to the last Finance Report get the chief points
connected with the work of the following officials: Treasurer, Chief of
the Secret Service Division. A good description of the Treasury
Department is given in Scribner's Mag., 33:400-411.
21. From the last report of the Bureau of Statistics find answers for
the following: The expenditures of the government in the different
departments; value of merchandise imported and exported; amounts of
corn, wheat, cotton, wool, and iron produced, imported, and exported;
the chief nationalities of immigrants, and comparison of the total
number with previous years.
22. Are our coasts well defended? Harrison, This Country of Ours, 225.
23. Describe the work of the President, Secretary of War, Secretary of
the Navy, and of the other Cabinet officers at the outbreak of war.
Cosmop., 25:255-264.
24. For illustrated articles on education at West Point and Annapolis,
see Outlook, 59:825-837, 839-849.
25. Comparison of our pension system with that of other nations. Forum,
33:346-348.
26. Defects in our pension system. Forum, 31:670-680.
27. Changing character of the immigration to the United States. Rev. of
R's, 24:723, 724.
28. Why the Chinese should be excluded. Forum, 33:53-59.
29. Why the Chinese should be admitted. Forum, 33:50-68.
30. Influence of the allotment of land on the Indian. Forum, 34:466-480.
31. Results of the work of experiment stations. Scribner's Mag.,
31:643-660.
32. For accounts of the new Congressional Library, see Century Mag.,
53:682-694; 694-711; Atl. Mo., 85:145-158; Cosmop., 23:10-20.
33. What is the special value of the work of the Bureau of American
Republics? Forum, 30:21-27.
For other questions and references on the topics in this chapter,
consult Government in State and Nation, 259, 260.
CHAPTER XVI.
THE NATIONAL JUDICIARY.
ARTICLE III.
Establishment of an Independent Tribunal.--Alexander Hamilton
characterized the lack of a judiciary as the crowning defect of
government under the Confederation. If we consider the nature of our
present government, it is easily seen that some form of independent
tribunal is necessary. We have a central government exercising complete
control over National affairs and foreign relations and, at the same
time, the State governments with equally complete control over questions
arising within their limits. If differences arise, then, as to the
authority of National or State government over a given question, how are
these disputes to be settled peaceably? After a brief discussion, the
problem was answered in the Constitutional Convention by the formation
of a Federal judiciary.
Organization of the Judiciary.--The organization of the judiciary
is provided for as follows: Section 1. _The judicial power of the United
States shall be vested in one Supreme Court, and in such inferior courts
as the Congress may from time to time ordain and establish. The judges,
both of the Supreme and inferior courts, shall hold their offices
during good behavior, and shall, at stated times, receive for their
services a compensation which shall not be diminished during their
continuance in office._
In 1789 Congress provided that the Supreme Court should consist of a
chief justice and five associates. Circuit and district courts were also
established. The Supreme Court at present consists of the chief justice
and eight associate justices. It holds one session annually, at
Washington, beginning on the second Monday in October and continuing
until about May 1.
District Courts.--The territory of the United States has been
divided into judicial districts, none of them crossing State lines
and each having a district court. New York and Texas have each four
districts; Alabama, Pennsylvania, and Tennessee three each;
Arkansas, California, Florida, Georgia, Illinois, Iowa, Kentucky,
Louisiana, Mississippi, Michigan, Missouri, North Carolina, Ohio,
Oklahoma, Virginia, Washington, Wisconsin, and West Virginia two
each; and the remaining States have each a single district. Alaska
and Hawaii constitute a district. Generally there is a judge for
each district, but a single judge is at times assigned to two
districts.
United States District Attorneys and Marshals.--A district attorney
and marshal are appointed by the President for each district court. The
United States district attorney is required to prosecute all persons
accused of the violation of Federal law and to appear as defendant in
cases brought against the government of the United States in his
district. The United States marshal executes the warrants or other
orders of the United States district court, and, in general, performs
duties connected with the enforcement of the Federal laws which
resemble the duties of sheriffs under State laws.
Circuit Courts and Courts of Appeals.--Established by the act of
1789, each circuit court was at first presided over by a justice of the
Supreme Court and a district judge. The policy was to have as many
circuit courts as there were justices of the Supreme Court. It was not
until 1869 that a circuit judge was provided for each of the nine
circuits. By an Act of Congress during the year 1911, in response to the
agitation for a simplified Federal judicial system and greater
expedition in the hearing of cases, the circuit courts were abandoned.
Judges of these courts were transferred to the circuit courts of
appeals. The circuit courts of appeals consist of three judges each, any
two constituting a quorum. Supreme Court judges and district judges may
sit in these courts. The Court of Claims was established in 1855 and
consists of a chief justice and four associates. It holds an annual
session in Washington.
Terms and Salaries of the Judges.--That the judiciary should be
independent of parties and of other influences cannot be questioned.
Hence the wisdom of the provision that United States judges shall hold
their offices during good behavior and shall receive a compensation for
their services which shall not be diminished during their continuance in
office. Judges of the United States courts are appointed by the
President with the consent of the Senate.
By an Act of Congress of 1911 the salary of the Chief Justice was fixed
at $15,000 per annum; that of associate justices, $14,500; and district
judges, $6000.
Jurisdiction of the National Courts.--We are next to consider the
jurisdiction of the several courts that have been described.
Section 2, Clause 1. _The judicial power shall extend to all cases, in
law and equity, arising under this Constitution, the laws of the United
States, and treaties made, or which shall be made, under their
authority;--to all cases affecting ambassadors, other public ministers
and consuls;--to all cases of admiralty and maritime jurisdiction;--to
controversies to which the United States shall be a party;--to
controversies between two or more States;--between a State and citizens
of another State;--between citizens of different States;--between
citizens of the same State claiming lands under grants of different
States, and between a State, or the citizens thereof, and foreign
states, citizens or subjects_. A careful consideration of this clause
shows the wide extent of the powers of the United States courts. It
shows also the desirability of having all such cases under their
jurisdiction rather than under the authority of the State courts.
Associate Justice Brewer wrote, with reference to the influence of the
decisions of the Supreme Court on the history of the country:[56] "Its
decisions have always been in harmony with and sustaining the
proposition that this republic is a nation acting directly upon all its
citizens, with the attributes and authority of a nation, and not a mere
league or confederacy of States. The importance of this cannot be
overestimated, and will be appreciated by all who compare the weakness
of the old confederacy with the strength and vigor of the republic under
the present Constitution."
[Footnote 56: "The Supreme Court of the United States," _Scribner's
Mag_., 33:275,276.]
Suit against a State by a Citizen of Another State.--In the
notable case of Chisholm vs. Georgia in 1793, Chisholm, a citizen
of North Carolina, began action against the State of Georgia in the
Supreme Court of the United States. That court interpreted the
clause as applying to cases in which a State is defendant, as well
as to those in which it is plaintiff. The decision was received
with disfavor by the States, and Congress proposed the Eleventh
Amendment to the Constitution, which was ratified in 1798 and is as
follows:--
_The judicial power of the United States shall not be construed to
extend to any suit in law or equity, commenced or prosecuted
against one of the United States, by citizens of another State, or
by citizens or subjects of any foreign state_.
Original and Appellate Jurisdiction.--Clause 2. _In all cases
affecting ambassadors, other public ministers and consuls, and those in
which a State shall be a party, the Supreme Court shall have original
jurisdiction. In all the other cases before mentioned, the Supreme Court
shall have appellate jurisdiction, both as to law and fact, with such
exceptions, and under such regulations as the Congress shall make_.
The Supreme Court has original jurisdiction in "all cases affecting
ambassadors, other public ministers and consuls, and those in which a
State shall be a party." Original jurisdiction means that these cases
may be begun in the Supreme Court. Other cases are brought to the
Supreme Court from the inferior United States courts or from the
supreme courts of the States and Territories by appeal. In such cases
the Supreme Court is said to have appellate jurisdiction.
Jurisdiction of the Inferior Courts.--It is difficult in brief
space to define minutely the province of each court The following
accounts, therefore, give only a general description:--
The circuit courts of appeals are given final jurisdiction in
certain cases appealed to them from the district courts, such as
those arising under the patent, revenue, and criminal laws, as well
as admiralty and other cases in which the opposing parties to a
suit are an alien and a citizen, or are citizens of different
States. There is reserved to the Supreme Court the decision of
cases involving constitutionality.
The circuit courts of appeals have the final decision in nearly all
other cases involving merely the application of ordinary law.
The jurisdiction of the district courts embraces criminal cases,
admiralty cases, bankruptcy proceedings, suits for penalties, and
the like. In general, the jurisdiction of cases formerly in the
circuit courts was transferred to the district courts when the
circuit courts were discontinued.
The Court of Claims "shall hear and determine all claims founded
upon any law of Congress, or upon any regulation of an executive
department, or upon any contract, express or implied, with the
government of the United States, which may be suggested to it by a
petition filed therein; and also all claims which may be referred
to said court by either house of Congress."[57]
[Footnote 57: Statutes at Large, 612.]
Trial by Jury.--The right of trial by jury in all criminal cases
had been insisted upon by Englishmen for centuries prior to the
formation of our Constitution. There were two branches to the system,
the grand and the petit juries. Each performed the same duties as they
do now. The Constitution provides in Section 2, Clause 1, that
_The trial of all crimes, except in cases of impeachment, shall be by
jury, and such trial shall be held in the State where the said crime
shall have been committed; but when not committed within any State, the
trial shall be at such place or places as the Congress may by law have
directed_.
This clause was attacked by the opponents of the Constitution in the
State conventions. It was believed that the Constitution did not furnish
adequate safeguards against unjust prosecutions. Because of this
agitation, Congress, in its first session, proposed Amendments V, VI,
VII, and VIII, which were duly ratified by the several States.
Amendment V. _No person shall be held to answer for a capital, or
otherwise infamous crime, unless on a presentment or indictment of a
grand jury, etc._[58]
[Footnote 58: See Appendix A.]
Authorities have had difficulty in giving an exact definition of an
infamous crime. That given by Judge Cooley is the most satisfactory. He
says: "But the punishment of the penitentiary must always be deemed
infamous, and so must any punishment that involves the loss of civil or
political privileges."
The Grand Jury.--A grand jury consists of from twelve to
twenty-three men. They sit in secret, and no accusation can be made by
them without the concurrence of at least twelve. An indictment is a
written accusation of an offense drawn up by a prosecuting officer on
behalf of the government and laid before the grand jury. "A presentment
is an accusation by a grand jury of an offense upon their own
observation and knowledge, or upon evidence before them, and without any
bill of indictment laid before them at the suit of government."[59] In
the case of a presentment, the party accused cannot be held to trial
until he has been indicted. After hearing the evidence, if the grand
jury concludes that the accusation is not true, they write on the back
of the bill, "Not a true bill" or "Not found." The accused, if held in
custody, is then given his freedom, but he may be again indicted by
another grand jury. If the grand jury decides that the accusation is
true, they then write on the back of the bill, "A true bill" or "Found."
The indicted person must be held to answer the charges made against him.
[Footnote 59: Story, "Commentaries on the Constitution," § 1784.]
Rights of the Accused.--Amendment VI. _In all criminal
prosecutions, the accused shall enjoy the right to a speedy and public
trial, by an impartial jury of the State and district wherein the crime
shall have been committed, etc. _(See Appendix A).
Amendment VII. _In suits at common law, where the value in controversy
shall exceed twenty dollars, the right of trial by jury shall be
preserved, and no fact tried by a jury shall be otherwise reexamined in
any court of the United States, than according to the rules of the
common law._
The accused must be given a public and speedy trial before an impartial
jury, known as the petit jury, consisting of twelve men from the
district wherein the crime was committed. The decision must be unanimous
before a verdict can be rendered. The accused is given a copy of the
indictment in which the nature of the accusation is clearly set forth
and is granted time in which to prepare for his defense. Equally just
and significant are the provisions that he shall be confronted by the
witnesses against him, may compel the attendance of witnesses in his
favor, and may employ counsel for his defense. In case he is not able to
pay for his own counsel, the judge appoints one whose services are paid
for out of the public treasury. If the verdict has been rendered by a
jury and the judgment pronounced, the accused cannot be again brought to
trial on the same charge.
SUPPLEMENTARY QUESTIONS AND REFERENCES.
1. What are the names of the members of the Supreme Court at present?
Congressional Directory.
2. How large is the district in which your home is located? Who are the
judges? Congressional Directory.
3. Under what conditions may a case be appealed from the supreme court
of the State to the United States Supreme Court? Bryce, American
Commonwealth, I, 228-230 (232-234).
4. How is the fact that conflicts between the authority of the Federal
and the State courts do not arise, accounted for? Bryce, I, 234-235
(238).
5. Are the United States Courts influenced in their decisions by
politics? Bryce, I, 259-261 (265-267).
6. Define treason and the punishment therefore. Constitution, Art. III,
Sec. 3, Clauses 1 and 2. See Government in State and Nation, 268, 269.
7. Describe the influence of John Marshall as Chief Justice.
(_a_.) John Marshall, American Statesmen Series, Chapters X and XI.
(_b_.) Bryce, I, 261 (267).
(_c_.) Lodge, "John Marshall, Statesman," N. Am. Rev., 172:191-204.
(_d_.) John Marshall, Atl. Mo., 87:328-341.
8. Show how the development of our Constitution by interpretation has
been brought about. Bryce, I, 366-375 (376-385).
9. What has been the influence of the Supreme Court in the history of
our nation? Scribner's Mag., 33:273-284.
CHAPTER XVII.
TERRITORIES AND PUBLIC LANDS.
The History of Territories.--The first Territories of the United
States were formed in the region lying north of the Ohio River and east
of the Mississippi River. Here several of the original States (viz.,
Massachusetts, Connecticut, New York, and Virginia) had had claims,
which they ceded to the general government during the period of the
Confederation. This region was given the name Northwest Territory. It
was governed under the Ordinance of 1787 enacted by Congress for this
purpose. As settlers came into this region, Congress passed special acts
for the government of the different Territories that were erected where
now we find the States of Ohio, Indiana, Illinois, Michigan, and
Wisconsin.
In like manner, the region lying south of Kentucky was ceded to the
United States by the Carolinas and Georgia, and was then formed into
Territories and governed by Congress. Next, the Louisiana Purchase,
Florida, the Mexican Cession, and the Oregon Territory came under the
control of Congress; a succession of Territories was thus created, all
of which have now been admitted into the Union as States. In the
government of these Territories, Congress has acted in accordance with
an important power granted to it by the Constitution.
Article IV, Section 3, Clause 3. _The Congress shall have power to
dispose of and make all needful rules and regulations respecting the
territory or other property belonging to the United States._
The Government of Territories.--Our Territories at present are
Alaska, Porto Rico, and Hawaii.
The governing authorities in each are: (1) a governor, appointed by the
President, with the consent of the Senate; (2) administrative
officers--secretary, treasurer, auditor, attorney-general,
adjutant-general, and superintendent of education, all appointed in the
same way; (3) a legislature consisting of two houses, the members of the
lower house, at least, being elected by popular vote; (4) a system of
courts in which the judges are appointed by the President and Senate.
Relations between Territories and Congress.--A Territory is
organized by an Act of Congress which provides for these officers and
prescribes their powers. The Territorial legislature controls the
internal affairs of the Territory; but its acts may be changed or vetoed
by Congress. The people of a Territory have no voice in National
affairs, but they elect a delegate to Congress, who may debate but not
vote.
Porto Rico.--The government of Porto Rico is different at some
points from that of the other organized Territories. The upper
house of its legislature is the Executive Council and consists of
the administrative officers of the Territory (secretary, treasurer,
auditor, commissioner of the interior, attorney-general, and
commissioner of education) and five other persons appointed by the
President. Five of the eleven members of this council must be
natives of Porto Rico. The House of Delegates has thirty-five
members, elected triennially by the voters. There is elected by the
people a "resident commissioner" to the United States, who, unlike
the delegates from other Territories, has no seat in Congress, but
rather has official relations with the President.
The Territory of Hawaii.--Hawaii was annexed to the United
States in 1898, and its government was established by Congress in
1900. The administrative officers in this Territory are appointed
by the governor, instead of by the President. Voters in Hawaii must
be able to read and write either the English or Hawaiian language.
Alaska.--By a law of 1912, Alaska was given for the first time
a Territorial legislature, consisting of two houses, elected by the
people.
Our Government in the Philippine Islands.--The Philippines
constitute the largest part of "our insular possessions," and are
not classed as Territories. The word "colonies" better expresses
their relations to the United States. They are governed by a
commission of nine members: the governor, four heads of departments
(Americans), and four Filipinos. All are appointed by the President
with the consent of the Senate. This commission constitutes the
upper house of the legislative body; the lower house or assembly is
elected from certain districts of the islands where the people are
considered civilized and are at peace. Voters must be
property-owners and be able to read and write English or Spanish.
The entire group of islands is divided into provinces. In some of
these the people have local self-government; in others there is
military government under the United States army. In many cities
the government is similar to that of American cities.
Besides numerous other small islands the United States possesses
Tutuila in the Samoan group, Guam, and Wake Island. These are
governed directly by the naval authorities of the government.
The Panama Canal Zone is governed by the Isthmian Canal Commission,
consisting of seven men appointed by the President. The commission
is subordinate to the War Department at Washington.
Political Relations with Cuba.--Cuba was under the control of
our military authority between the time when our troops occupied
the island, during the Spanish-American War, and the announcement
of its independence in May, 1902. Although Cuba is now an
independent republic, it is considered as a "protectorate" of the
United States, and is subject to the influence of this nation in
its dealings with other nations.
The Admission of Territories to Statehood.--While Territories
depend to a greater or less extent upon the nation for their government,
it has always been the policy of the United States to admit them into
the Union as States when conditions became right for this action. That
the power to admit States into the Union belongs exclusively to Congress
is evident from the language of the Constitution:
Article IV, Section 3, Clause 1. _New States may be admitted by the
Congress into this Union; but no new State shall be formed or erected
within the jurisdiction of any other State; nor any State be formed by
the junction of two or more States or parts of States, without the
consent of the legislatures of the States concerned as well as of the
Congress._
Territories first apply for admission to the Union, and then either of
two processes may follow: (1) Congress passes an enabling act
authorizing the Territory to frame a constitution, which is submitted to
Congress for approval. (2) Or, the Territory frames its constitution
without waiting for the enabling act; with this in its hand the
Territory then applies to Congress for admission. In either case,
before giving its approval to the admission of a State, Congress must
see that the constitution submitted contains nothing that is
inconsistent with a republican form of government.
Our Public Land Policy.--In the Territories which lay between the
Allegheny Mountains and the Mississippi River, and in all the
acquisitions that have since been made, the unoccupied[60] lands became
the property of the United States. So the National government became the
possessor of many millions of acres of land, and it still holds immense
tracts in the Western States and in its distant possessions. Upon the
admission of a Territory as a State, the ownership of its public lands
does not pass to the new State, but remains with the National
government. The latter has followed a most liberal policy in dealing
with its lands, (1) It has granted great amounts to the States. The
school lands which are the basis of the common school funds in the
Western States were acquired in this way. (2) Many thousands of square
miles have been granted to railroad companies as aid in the construction
of their lines. These lands are still being purchased at low rates by
settlers in the West. (3) The "homestead law" provides that citizens may
acquire 160 acres of land, or less, free of cost, on condition of living
upon it for five years and improving it. (4) Millions of acres are still
held by the government, subject to sale at low prices.
[Footnote 60: Exceptions to this statement must be made to cover certain
lands reserved by some of the original States that ceded their claims to
the United States; as, for instance, the Western Reserve in Ohio
retained by Connecticut, and other lands in the same State retained by
Virginia.]
At present the larger part of the public lands of the United States are
arid; that is, they cannot be cultivated without irrigation. By a law of
1902, the proceeds received from the sale of public lands in certain
Western States and Territories will be expended by the National
government in the construction of irrigation works. This law is destined
to have a great influence upon the future of our Western States.
[Illustration]
The National System of Survey.--In the thirteen original States
there was no uniform system of land survey, but each tract of land was
surveyed as necessity required, generally after settlement had been
made upon it. The tracts were of very irregular shapes. The boundary
lines, usually starting from some natural object, were measured by rods
or chains, running in certain directions as ascertained by the use of
the compass. This method of survey is still in use in the Eastern
States. According to a law of 1785, a uniform system of "rectangular
survey" was applied to all lands belonging to the United States. This
survey has preceded settlers, and has to some extent influenced the
method of settlement and the nature of local government throughout the
West. The lands surveyed have been divided into townships six miles
square. For the boundaries of townships the law requires the use of
north-and-south and east-and-west lines. To secure starting points from
which to run these lines, it was necessary to designate certain
meridians as Principal Meridians and certain parallels as Base Lines.
Method of Land Description.--The map indicates the location of
Principal Meridians and Base Lines in the States north of the Ohio
River. Starting, then, from any Principal Meridian, the tier of
townships directly east is called Range I; the other ranges are numbered
east and west of that meridian. Counting also from the Base Line, the
townships are numbered 1, 2, 3, etc., both north and south. It thus
becomes possible to locate precisely any particular township by a simple
description: e.g., township 5 north, Range VIII east of the first
Principal Meridian.
Since the eastern and western boundaries of townships are meridians,
they approach nearer to each other as they go farther north. Hence the
townships become less than six miles from east to west as the survey
proceeds northward from any base line. This necessitates the running of
standard parallel lines, or correction lines, at frequent intervals, to
be used as new base lines (Figure 1).
[Illustration: Figure 1]
To still further facilitate the sale and description of lands, the law
provides for exact methods of subdividing the township into sections,
one mile square, numbered as in Figure 2.
Each section is subdivided into rectangular tracts known as halves,
quarters, half-quarters, and quarter-quarters. The designations of these
divisions are by abbreviations and fractions. (See Figure 3.) The number
of acres in each tract is easily computed.
The rectangular system of survey has been a great aid in the subdivision
and location of farm lands; it greatly reduces the number of boundary
disputes, it determines very largely the location of country roads.
Moreover, the Congressional township has become, in a great many
instances, the area within which the political township or town has been
organized. This town, however, need not coincide with the Congressional
township; it may be greater or smaller in area.
[Illustration: Figure 2.--Six MILES SQUARE.
|----------------------------|
| 6 | 5 | 4 | 3 | 2 | 1 |
|----------------------------|
| 7 | 8 | 9 | 10 | 11 | 12 |
|----------------------------|
|18 | 17 | 16 | 15 | 14 | 13 |
|----------------------------|
|19 | 20 | 21 | 22 | 23 | 24 |
|----------------------------|
|30 | 29 | 28 | 27 | 26 | 25 |
|----------------------------|
|31 | 32 | 33 | 34 | 35 | 36 |
|----------------------------|
]
[Illustration: Figure 3.--One mile square
|------------------------------|
| | N 1/2 NE 1/4 |
| NW 1/4 |----------------|
| | | SE 1/4 |
| | | NE 1/4 |
|------------------------------|
| |
| S 1/2 |
| |
|------------------------------|
]
SUPPLEMENTARY QUESTIONS AND REFERENCES.
1. For the history of land cessions, references are given in Government
in State and Nation, p. 334, question 1.
2. The topics treated in this chapter are discussed in Harrison, This
Country of Ours, pp. 270-279.
3. On public lands, see Reinsch, Young Citizen's Reader, 90-101.
Marriott, Uncle Sam's Business, 175-184; 254-269.
CHAPTER XVIII.
AMENDMENTS TO THE CONSTITUTION.
Methods of Amending the Constitution.--We have already considered
the effect of amendments on some of the original clauses[61]. It now
remains to consider, briefly, the methods of amending the Constitution
and a few other provisions found in the amendments. Article V provides
for amendments as follows:--
_The Congress, whenever two-thirds of both houses shall deem it
necessary, shall propose amendments to this Constitution, or, on the
application of the legislatures of two-thirds of the several States,
shall call a convention for proposing amendments, which, in either case,
shall be valid to all intents and purposes, as part of this
Constitution, when ratified by the legislatures of three-fourths of the
several States, or by conventions in three-fourths thereof, as the one
or the other mode of ratification may be proposed by the Congress;
provided that no amendment which may be made prior to the year one
thousand eight hundred and eight shall in any manner affect the first
and fourth clauses in the ninth section of the first article; and that
no State, without its consent, shall be deprived of its equal suffrage
in the Senate_.
[Footnote 61: For Amendment XI, see p. 160; for Amendment XII, see p.
119.]
Thus, amendments may be proposed in either of two ways: by a vote of
two-thirds of both houses of Congress; or by a National convention
called by Congress for that purpose on the application of two-thirds of
the State legislatures. The convention method has never been used in
proposing amendments to this Constitution.
Amendments may also be ratified in two ways: by the legislatures in
three-fourths of the several States; or by conventions in three-fourths
thereof. Congress has always selected the first of these methods.
Amending the Constitution Difficult.--That it is difficult to amend
the Constitution may be seen when we consider that some two thousand
amendments have been proposed in an official way. During a single
session of the Fifty-seventh Congress, fifty amendments, on twenty
different phases of government, were proposed in one or other of the
houses of Congress.
Amendment XIII.--The purpose of the first ten amendments has
already been noted on p. 112.
The Thirteenth, Fourteenth, and Fifteenth Amendments were the results of
negro slavery. The Emancipation Proclamation granted freedom to all of
the slaves in the States then in rebellion. There were some States,
however, as Kentucky, Tennessee, and Missouri, where slavery might still
exist legally. In order to be rid of this institution altogether,
Congress proposed the Thirteenth Amendment to the Constitution, which is
as follows:--
_Neither slavery nor involuntary servitude, except as a punishment for
crime whereof the party shall have been duly convicted, shall exist
within the United States, or any place subject to their jurisdiction._
_Congress shall have power to enforce this article by appropriate
legislation._
It was declared a part of the Constitution, December 18, 1865.
Amendment XIV.--This amendment was proposed by Congress, June 16,
1866, as a part of the general plan for reconstruction. The Southern
States were not to be regarded as a part of the Union until they should
ratify it. The entire amendment, given in Appendix A, should be read.
Sections 1 and 2, however, contain the most important provisions.
Section 1 has already been partially discussed on p. 95, under the
question, "Who are citizens?" Section 2 has also been considered on p.
54, in connection with the apportionment of representatives.
Congress has at different times removed the disabilities from certain of
the classes mentioned in Section 3. Finally, an act of June 6, 1898,
removed the last disability imposed by this section.
Amendment XV.--In order to secure full political rights for the
negroes, the Fifteenth Amendment was passed, as indicated on p. 51.
_The right of citizens of the United States to vote shall not be denied
or abridged by the United States, or by any State, on account of race,
color, or previous condition of servitude._
_The Congress shall have power to enforce this article by appropriate
legislation._
Amendment XVI.--_The Congress shall have power to lay or collect
taxes on incomes, from whatever source derived, without apportionment
among the several States, and without regard to any census or
enumeration_.
This amendment, which provides for the laying of an income tax, was
adopted by the thirty-sixth legislature, the requisite three-fourths, on
February 3, 1913. It was hoped that the money supplied from this tax
would make up for any loss of revenue due to the reduction of tariff
duties. The new tax will affect those whose yearly incomes are in excess
of a certain line of exemption.
Amendment XVII.--_The Senate of the United States shall be composed
of two senators from each State, elected by the people thereof, for six
years; and each senator shall have one vote. The electors in each State
shall have the qualifications requisite for electors of the most
numerous branch of the State legislature_.
_When vacancies happen in the representation of any State in the Senate
the executive authority of such State shall issue writs of election to
fill such vacancies. Provided, that the legislature of any State may
empower the executive thereof to make temporary appointments until the
people fill the vacancies by election as the legislature may direct_.
_This amendment shall not be so construed as to affect the election or
term of any senator chosen before it becomes valid as part of the
Constitution_.
SUPPLEMENTARY QUESTIONS AND REFERENCES.
1. What facts can be given showing the difficulty of amending the
Articles of Confederation? Fiske, Critical Period, 218-220.
2. Is it now considered difficult to amend the Constitution? Bryce,
American Commonwealth, I, 359-362 (368-371).
3. What were the conditions under which the Emancipation Proclamation
was issued? Wilson, Division and Reunion, 226-228.
4. Was the adoption of the Fifteenth Amendment a wise policy?
5. Give the arguments in favor of the Sixteenth Amendment.
6. What reasons can you give in favor of the Seventeenth Amendment?
CHAPTER XIX.
THE GOVERNMENTS OF THE WORLD.
Kinds of Governments.--It is customary to classify the governments
of the world under two heads: (1) republics, (2) monarchies. The real
nature of our republic may be made more apparent by a comparison of our
system with that of other republics, and with the governments of certain
great monarchies.
Our Federal Republic.--It has been emphasized in the course of our
study that the States are important parts in the political system which
we call the Republic of the United States. The States are not mere
administrative divisions of the nation; they do not stand in the same
relation to the National government that counties bear to the State.
They do not derive their powers from the National government; nor, on
the other hand, does the latter derive its powers from the States. The
source of power for both is the same--"the people themselves, as an
organized body politic." The United States is, then, a _Federal
Republic_. It is essential to understand that, in the division of powers
between States and nation, the latter is sovereign over the matters that
are placed within its jurisdiction; but it is a feature of our system
no less essential (though less clearly understood by the people) that
the States are as completely sovereign over matters that lie within
their control.
France a Centralized Republic.--In France we find an entirely
different type of republic--not federal, but centralized. France is
divided into eighty-six departments, which correspond in some respects
to our States. But in their relation to the central government the
difference is very striking; for the departments are merely
administrative divisions of the central government. They are completely
subject to the national government. The chief authority in each
department is a prefect, who is appointed by the ministry of France (the
central executive body) and is responsible to it. There is a legislative
body in each department, called the general council, but the powers of
this body are very much restricted.
The national government of France exercises legislative authority upon
many subjects in the departments, and it administers the laws directly.
Consequently, the people's powers of local self-government are very much
less extensive than those enjoyed by the people in the United States.
There result in France much greater uniformity of legislation and more
effective administration; while in many parts of the United States local
self-government results in corrupt laws and wasteful administration. But
we believe that the people will become educated in the use of political
power if the responsibility for its use rests upon them, rather than
upon some central authority.
The Swiss Republic.--An example of a federal republic is the
government of Switzerland. Here the cantons correspond to our States,
and each canton has control over its own local affairs, without
interference from the federal government. The chief features of the
French and the Swiss governments are indicated in the accompanying
outline:[62]
[Footnote 62: Among the South American republics, Brazil, Mexico, and
Argentine Republic are federal in nature, like the United States and
Switzerland.]
UNITED STATES SWITZERLAND FRANCE
_Congress Federal Assembly The Chambers_
_ Senate State Council Senate_
Two members from Two members from 300 members elected
each state each canton by an electoral college
Six years in each department
_House of National Council Chamber of Deputies_
_Representatives_
433 members elected 147 members elected 591 deputies elected
by people by people by people
Two years Three years Four years
_President President President_
Elected by electors, Elected by Federal Elected by National
i.e., by the Assembly Assembly; i.e.
people of the States One year Senate and Chamber
Four years of Deputies in joint
session
Seven years
_Cabinet Federal Council Ministry_
Nine members appointed Seven members Twelve members appointed
by President elected by Federal by President
and Senate Assembly
Constitutional Monarchies--Monarchies are classified as (1)
constitutional and (2) absolute. In constitutional monarchies the ruler
holds his position by heredity, but there exists also a constitution,
which defines the distribution of powers among the branches that compose
the government and fixes the limits of authority vested in each. The
British constitution is partly written, as found in the great historical
documents of English history, such as Magna Charta (1215), the Petition
of Right (1628), and the Bill of Rights (1689);[63] and partly
unwritten, consisting of precedents and customs which are recognized as
authoritative. The constitutions of the other monarchies of Europe were
made during the nineteenth century, and consequently they are younger
than that of the United States.
[Footnote 63: Compare the "Bill of Rights" in our Constitution; see pp.
256-260.]
In all the constitutional monarchies we find legislative bodies similar
to our Congress. In every case the lower house is elected by the
voters;[64] in England, the Austrian Empire, Italy, and Spain a number
of the members of the upper house hold their position by hereditary
right. In respect to legislation, therefore, the constitutional
monarchies are all more or less republican in principle; that is, they
all recognize the supreme authority of the people acting through their
representatives.
[Footnote 64: Property qualifications for suffrage are common in
European countries.]
An absolute monarchy is one in which the authority of the ruler is not
held in check by a constitution or by a body of men elected by the
people. No civilized country now has this form of government. Until
recently there existed in Europe two absolute monarchies--Russia and
Turkey.
The Cabinet System of Government.--In the relations existing
between their legislative and executive departments, the European
governments differ considerably from that of the United States. In our
government we find, in theory at least, that these departments are
separated; in the European governments there is a close relation of the
legislative and executive branches, through some form of "cabinet
responsibility." This "cabinet system" of government is found in the
republics as well as in the constitutional monarchies of Europe, and in
the self-governing British possessions, such as Canada and the
Australian colonies.[67] The difference between the congressional and
the cabinet systems is greater in appearance than in reality; for in the
United States the President and his Cabinet exert considerable influence
upon legislation.
ENGLAND GERMANY
Monarch--hereditary in the Emperor--hereditary
line fixed by Parliament King of Prussia
_Cabinet_ _Ministry_
Nineteen members[65] chosen by Eight ministers, Chancellor at
the Prime minister the head, appointed by the
Emperor
_Parliament_ _Parliament_
Limit of term, seven years Term, five years
_House of Lords_ _Bundesrath or General Council_
586 members, holding seats 58 members appointed by the
(1) by heredity, (2) by German States
appointment by crown,
(3) by election[66]
_House of Commons_ _Reichstag or Diet of the Realm_
670 members elected by the 397 members elected by the
people of England, Scotland, people
and Ireland
[Footnote 65: The number of members in the ministries of England and
Germany varies.]
[Footnote 66: Irish peers are elected for life, and Scottish peers are
elected for the duration of a Parliament.]
[Footnote 67: This system finds its best illustration in the English
government, of which a brief description will be found in "Government in
State and Nation," pp. 157-160. For references, see questions 14 and 15,
p. 161.]
The Form and the Spirit of Government.--The study of other
governments and the comparison of them with our own will teach us that
the virtue of a government resides, not in its framework, but in its
spirit. A government may be monarchical in form and republican in its
practical workings. In England, and in others of the European
monarchies, the will of the people is the law of the land. On the other
hand, a government may be republican in form, and very unrepublican in
its methods of operation. There are cities and States in our country
where one man, the political boss, or a group of men, the political
machine, dictates the course of legislation and controls the
administration of the law. Here we find, in reality, not republican
governments, but despotisms or oligarchies.
The final test of a government is found in the responsiveness of the
governing authorities to the will of the majority of the people.
Wherever republican institutions are found, whether in republics or in
monarchies, the people may rule if they will. Monarchical and
aristocratic institutions do not in our time stand long in opposition to
a determined public opinion; and, on the other hand, a framework of
republican institutions will not insure the execution of the popular
will. This can only be secured where high-minded citizens are vigilant
in the performance of their political duties.
SUPPLEMENTARY QUESTIONS AND REFERENCES.
1. The relations of nations are governed by the rules of international
law. Government in State and Nation, 301-303.
2. What progress has been made in the direction of settling disputes
between nations by arbitration instead of by war? Government in State
and Nation, 304-306.
APPENDIX A.
* * * * *
CONSTITUTION
OF THE
UNITED STATES OF AMERICA.
We the people of the United States, in order to form a more perfect
union, establish justice, insure domestic tranquility, provide for the
common defense, promote the general welfare, and secure the blessings of
liberty to ourselves and our posterity, do ordain and establish this
CONSTITUTION for the United States of America.
ARTICLE I.
SECTION I. All legislative powers herein granted shall be vested in a
Congress of the United States, which shall consist of a Senate and a
House of Representatives.
SECT. II. 1. The House of Representatives shall be composed of members
chosen every second year by the people of the several States, and the
electors in each State shall have the qualifications requisite for
electors of the most numerous branch of the State Legislature.
2. No person shall be a Representative who shall not have attained to
the age of twenty-five years, and been seven years a citizen of the
United States, and who shall not, when elected, be an inhabitant of that
State in which he shall be chosen.
3. Representatives and direct taxes shall be apportioned among the
several States which may be included within this Union, according to
their respective numbers, which shall be determined by adding to the
whole number of free persons, including those bound to service for a
term of years, and excluding Indians not taxed, three fifths of all
other persons. The actual enumeration shall be made within three years
after the first meeting of the Congress of the United States, and within
every subsequent term of ten years, in such manner as they shall by law
direct. The number of Representatives shall not exceed one for every
thirty thousand, but each State shall have at least one representative;
and until such enumeration shall be made, the State of New Hampshire
shall be entitled to choose three, Massachusetts eight, Rhode Island and
Providence Plantations one, Connecticut five, New York six, New Jersey
four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten,
North Carolina five, South Carolina five, and Georgia three.
4. When vacancies happen in the representation from any State, the
Executive authority thereof shall issue writs of election to fill such
vacancies.
5. The House of Representatives shall choose their Speaker and other
officers; and shall have the sole power of impeachment.
SECT. III. 1. The Senate of the United States shall be composed of two
Senators from each State, chosen by the legislature thereof, for six
years; and each Senator shall have one vote. (See Amendment XVII.)
2. Immediately after they shall be assembled in consequence of the first
election, they shall be divided as equally as may be into three classes.
The seats of the Senators of the first class shall be vacated at the
expiration of the second year, of the second class at the expiration of
the fourth year, and of the third class at the expiration of the sixth
year, so that one third may be chosen every second year; and if
vacancies happen by resignation or otherwise, during the recess of the
legislature of any State, the Executive thereof may make temporary
appointments until the next meeting of the legislature, which shall then
fill such vacancies. (See Amendment XVII.)
3. No person shall be a Senator who shall not have attained to the age
of thirty years, and been nine years a citizen of the United States, and
who shall not, when elected, be an inhabitant of that State for which he
shall be chosen.
4. The Vice-President of the United States shall be President of the
Senate, but shall have no vote, unless they be equally divided.
5. The Senate shall choose their other officers, and also a President
_pro tempore_, in the absence of the Vice-President, or when he shall
exercise the office of President of the United States.
6. The Senate shall have the sole power to try all impeachments. When
sitting for that purpose, they shall be on oath or affirmation. When the
President of the United States is tried, the Chief Justice shall
preside: and no person shall be convicted without the concurrence of two
thirds of the members present.
7. Judgment in cases of impeachment shall not extend further than to
removal from office, and disqualification to hold and enjoy any office
of honor, trust or profit under the United States: but the party
convicted shall nevertheless be liable and subject to indictment, trial,
judgment and punishment, according to law.
SECT. IV. 1. The times, places and manner of holding elections for
Senators and Representatives shall be prescribed in each State by the
legislature thereof; but the Congress may at any time by law make or
alter such regulations, except as to the places of choosing Senators.
(See Amendment XVII.)
2. The Congress shall assemble at least once in every year, and such
meeting shall be on the first Monday in December, unless they shall by
law appoint a different day.
SECT. V. 1. Each house shall be the judge of the elections, returns and
qualifications of its own members, and a majority of each shall
constitute a quorum to do business; but a smaller number may adjourn
from day to day, and may be authorized to compel the attendance of
absent members, in such manner, and under such penalties, as each house
may provide.
2. Each house may determine the rules of its proceedings, punish its
members for disorderly behavior, and with the concurrence of two thirds,
expel a member.
3. Each house shall keep a journal of its proceedings, and from time to
time publish the same, excepting such parts as may in their judgment
require secrecy; and the yeas and nays of the members of either house on
any question shall, at the desire of one fifth of those present, be
entered on the journal.
4. Neither house, during the session of Congress, shall, without the
consent of the other, adjourn for more than three days, nor to any other
place than that in which the two houses shall be sitting.
SECT. VI. 1. The Senators and Representatives shall receive a
compensation for their services, to be ascertained by law and paid out
of the treasury of the United States. They shall in all cases except
treason, felony and breach of the peace, be privileged from arrest
during their attendance at the session of their respective houses, and
in going to and returning from the same; and for any speech or debate in
either house, they shall not be questioned in any other place.
2. No Senator or Representative shall, during the time for which he was
elected, be appointed to any civil office under the authority of the
United States, which shall have been created, or the emoluments whereof
shall have been increased, during such time; and no person holding any
office under the United States shall be a member of either house during
his continuance in office.
SECT. VII. 1. All bills for raising revenue shall originate in the House
of Representatives; but the Senate may propose or concur with amendments
as on other bills.
2. Every bill which shall have passed the House of Representatives and
the Senate, shall, before it become a law, be presented to the President
of the United States; if he approve he shall sign it, but if not he
shall return it with his objections to that house in which it shall have
originated, who shall enter the objections at large on their journal,
and proceed to reconsider it. If after such reconsideration two thirds
of that house shall agree to pass the bill, it shall be sent, together
with the objections, to the other house, by which it shall likewise be
reconsidered, and, if approved by two thirds of that house, it shall
become a law. But in all such cases the votes of both houses shall be
determined by yeas and nays, and the names of the persons voting for and
against the bill shall be entered on the journal of each house
respectively. If any bill shall not be returned by the President within
ten days (Sundays excepted) after it shall have been presented to him,
the same shall be a law, in like manner as if he had signed it, unless
the Congress by their adjournment prevent its return, in which case it
shall not be a law.
3. Every order, resolution, or vote to which the concurrence of the
Senate and House of Representatives may be necessary (except on a
question of adjournment) shall be presented to the President of the
United States; and before the same shall take effect, shall be approved
by him, or being disapproved by him, shall be repassed by two thirds of
the Senate and House of Representatives, according to the rules and
limitations prescribed in the case of a bill.
SECT. VIII. The Congress shall have power:
1. To lay and collect taxes, duties, imposts, and excises, to pay the
debts and provide for the common defense and general welfare of the
United States; but all duties, imposts and excises shall be uniform
throughout the United States;
2. To borrow money on the credit of the United States;
3. To regulate commerce with foreign nations, and among the several
States, and with the Indian tribes;
4. To establish an uniform rule of naturalization, and uniform laws on
the subject of bankruptcies throughout the United States;
5. To coin money, regulate the value thereof, and of foreign coin, and
fix the standard of weights and measures;
6. To provide for the punishment of counterfeiting the securities and
current coin of the United States;
7. To establish post offices and post roads;
8. To promote the progress of science and useful arts by securing for
limited times to authors and inventors the exclusive right to their
respective writings and discoveries;
9. To constitute tribunals inferior to the Supreme Court;
10. To define and punish piracies and felonies committed on the high
seas and offences against the law of nations;
11. To declare war, grant letters of marque and reprisal, and make rules
concerning captures on land and water;
12. To raise and support armies, but no appropriation of money to that
use shall be for a longer term than two years;
13. To provide and maintain a navy;
14. To make rules for the government and regulation of the land and
naval forces;
15. To provide for calling forth the militia to execute the laws of the
Union, suppress insurrections, and repel invasions;
16. To provide for organizing, arming and disciplining the militia, and
for governing such part of them as may be employed in the service of the
United States, reserving to the States respectively the appointment of
the officers, and the authority of training the militia according to the
discipline prescribed by Congress;
17. To exercise exclusive legislation in all cases whatsoever, over such
district (not exceeding ten miles square) as may, by cession of
particular States, and the acceptance of Congress, become the seat of
government of the United States, and to exercise like authority over all
places purchased by the consent of the legislature of the State, in
which the same shall be, for the erection of forts, magazines, arsenals,
dockyards, and other needful buildings;--and
18. To make all laws which shall be necessary and proper for carrying
into execution the foregoing powers, and all other powers vested by this
Constitution in the government of the United States, or in any
department or office thereof.
SECT. IX. 1. The migration or importation of such persons as any of the
States now existing shall think proper to admit shall not be prohibited
by the Congress prior to the year one thousand eight hundred and eight;
but a tax or duty may be imposed on such importation, not exceeding ten
dollars for each person.
2. The privilege of the writ of _habeas corpus_ shall not be suspended,
unless when in cases of rebellion or invasion the public safety may
require it.
3. No bill of attainder or _ex post facto_ law shall be passed.
4. No capitation, or other direct, tax shall be laid, unless in
proportion to the census or enumeration hereinbefore directed to be
taken.
5. No tax or duty shall be laid on articles exported from any State.
6. No preference shall be given by any regulation of commerce or revenue
to the ports of one State over those of another: nor shall vessels bound
to, or from, one State, be obliged to enter, clear, or pay duties in
another.
7. No money shall be drawn from the treasury, but in consequence of
appropriations made by law; and a regular statement and account of the
receipts and expenditures of all public money shall be published from
time to time.
8. No title of nobility shall be granted by the United States: and no
person holding any office of profit or trust under them, shall, without
the consent of the Congress, accept of any present, emolument, office,
or title, of any kind whatever, from any king, prince, or foreign state.
SECT. X. 1. No State shall enter into any treaty, alliance, or
confederation; grant letters of marque and reprisal; coin money; emit
bills of credit; make anything but gold and silver coin a tender in
payment of debts; pass any bill of attainder, _ex post facto_ law, or
law impairing the obligation of contracts, or grant any title of
nobility.
2. No State shall, without the consent of the Congress, lay any imposts
or duties on imports or exports, except what may be absolutely necessary
for executing its inspection laws: and the net produce of all duties and
imposts, laid by any State on imports or exports, shall be for the use
of the treasury of the United States; and all such laws shall be subject
to the revision and control of the Congress.
4 No State shall, without the consent of Congress, lay any duty of
tonnage, keep troops, or ships of war in time of peace, enter into any
agreement or compact with another State, or with a foreign power, or
engage in war, unless actually invaded, or in such imminent danger as
will not admit of delay.
ARTICLE II.
SECTION I. 1. The executive power shall be vested in a President of the
United States of America. He shall hold his office during the term of
four years, and together with the Vice-President, chosen for the same
term, be elected as follows:
2. Each State shall appoint, in such manner as the legislature thereof
may direct, a number of electors, equal to the whole number of Senators
and Representatives to which the State may be entitled in the Congress;
but no Senator or Representative, or person holding an office of trust
or profit under the United States, shall be appointed an elector.
[The electors shall meet in their respective States, and vote by ballot
for two persons, of whom one at least shall not be an inhabitant of the
same State with themselves. And they shall make a list of all the
persons voted for, and of the number of votes for each; which list they
shall sign and certify, and transmit sealed to the seat of government of
the United States, directed to the President of the Senate. The
President of the Senate shall, in the presence of the Senate and House
of Representatives, open all the certificates, and the votes shall then
be counted. The person having the greatest number of votes shall be the
President, if such number be a majority of the whole number of electors
appointed; and if there be more than one who have such majority, and
have an equal number of votes, then the House of Representatives shall
immediately choose by ballot one of them for President; and if no person
have a majority, then from the five highest on the list the said house
shall in like manner choose the President. But in choosing the President
the votes shall be taken by States, the representation from each State
having one vote; a quorum for this purpose shall consist of a member or
members from two thirds of the States, and a majority of all the States
shall be necessary to a choice. In every case, after the choice of the
President, the person having the greatest number of votes of the
electors shall be the Vice-President. But if there should remain two or
more who have equal votes, the Senate shall choose from them by ballot
the Vice-President.]
3. The Congress may determine the time of choosing the electors, and the
day on which they shall give their votes; which day shall be the same
throughout the United States.
4. No person except a natural born citizen, or a citizen of the United
States, at the time of the adoption of this Constitution, shall be
eligible to the office of President; neither shall any person be
eligible to that office who shall not have attained to the age of
thirty-five years, and been fourteen years a resident within the United
States.
5. In case of the removal of the President from office or of his death,
resignation, or inability to discharge the powers and duties of the said
office, the same shall devolve on the Vice-President, and the Congress
may by law provide for the case of removal, death, resignation, or
inability, both of the President and Vice-President, declaring what
officer shall then act as President, and such officer shall act
accordingly, until the disability be removed, or a President shall be
elected.
6. The President shall, at stated times, receive for his services, a
compensation, which shall neither be increased nor diminished during the
period for which he shall have been elected, and he shall not receive
within that period any other emolument from the United States, or any of
them.
7. Before he enter on the execution of his office, he shall take the
following oath or affirmation:--"I do solemnly swear (or affirm) that I
will faithfully execute the office of President of the United States,
and will to the best of my ability, preserve, protect and defend the
Constitution of the United States."
SECT. II. 1. The President shall be commander in chief of the army and
navy of the United States, and of the militia of the several States,
when called into the actual service of the United States; he may require
the opinion, in writing, of the principal officer in each of the
executive departments, upon any subject relating to the duties of their
respective offices, and he shall have power to grant reprieves and
pardons for offenses against the United States, except in cases of
impeachment.
2. He shall have power, by and with the advice and consent of the
Senate, to make treaties, provided two thirds of the Senators present
concur; and he shall nominate, and by and with the advice and consent of
the Senate, shall appoint ambassadors, other public ministers and
consuls, judges of the Supreme Court, and all other officers of the
United States, whose appointments are not herein otherwise provided for,
and which shall be established by law: but the Congress may by law vest
the appointment of such inferior officers, as they think proper, in the
President alone, in the courts of law, or in the heads of departments.
3. The President shall have power to fill up all vacancies that may
happen during the recess of the Senate, by granting commissions which
shall expire at the end of their next session.
SECT. III. He shall from time to time give to the Congress information
of the state of the Union, and recommend to their consideration such
measures as he shall judge necessary and expedient; he may, on
extraordinary occasions, convene both houses, or either of them, and in
case of disagreement between them, with respect to the time of
adjournment, he may adjourn them to such time as he shall think proper;
he shall receive ambassadors and other public ministers; he shall take
care that the laws be faithfully executed, and shall commission all the
officers of the United States.
SECT. IV. The President, Vice-President and all civil officers of the
United States, shall be removed from office on impeachment for, and
conviction of, treason, bribery, or other high crimes and misdemeanors.
ARTICLE III.
SECTION I. The judicial power of the United States, shall be vested in
one Supreme Court, and in such inferior courts as Congress may from time
to time ordain and establish. The judges, both of the Supreme and
inferior courts, shall hold their offices during good behavior, and
shall, at stated times, receive for their services, a compensation,
which shall not be diminished during their continuance in office.
SECT. II. 1. The judicial power shall extend to all cases, in law and
equity, arising under this Constitution, the laws of the United States,
and treaties made or which shall be made, under their authority;--to all
cases affecting ambassadors, other public ministers and consuls;--to all
cases of admiralty jurisdiction;--to controversies to which the United
States shall be a party;--to controversies between two or more
States;--between a State and citizens of another State;--between
citizens of different States;--between citizens of the same State
claiming lands under grants of different States, and between a State, or
the citizens thereof, and foreign states, citizens or subjects.
2. In all cases affecting ambassadors, other public ministers and
consuls, and those in which a State shall be a party, the Supreme Court
shall have original jurisdiction. In all the other cases before
mentioned, the Supreme Court shall have appellate jurisdiction, both as
to law and fact, with such exceptions, and under such regulations as the
Congress shall make.
3. The trial of all crimes, except in cases of impeachment, shall be by
jury; and such trial shall be held in the State where the said crimes
shall have been committed; but when not committed within any State, the
trial shall be at such place or places as the Congress may by law have
directed.
SECT. III. 1. Treason against the United States shall consist only in
levying war against them, or in adhering to their enemies, giving them
aid and comfort. No person shall be convicted of treason unless on the
testimony of two witnesses to the same overt act, or on confession in
open court.
2. The Congress shall have power to declare the punishment of treason,
but no attainder of treason shall work corruption of blood, or
forfeiture except during the life of the person attainted.
ARTICLE IV.
SECTION I. Full faith and credit shall be given in each State to the
public acts, records, and judicial proceedings of every other State. And
the Congress may by general laws prescribe the manner in which such
acts, records, and proceedings shall be proved, and the effect thereof.
SECT. II. 1. The citizens of each State shall be entitled to all
privileges and immunities of citizens in the several States.
2. A person charged in any State with treason, felony, or other crime,
who shall flee from justice, and be found in another State, shall on
demand of the executive authority of the State from which he fled, be
delivered up, to be removed to the State having jurisdiction of the
crime.
3. No person held to service or labor in one State, under the laws
thereof, escaping into another, shall, in consequence of any law or
regulation therein, be discharged from such service or labor, but shall
be delivered up on claim of the party to whom such service or labor may
be due.
SECT. III. 1. New States may be admitted by the Congress into this
Union; but no new State shall be formed or erected within the
jurisdiction of any other State; nor any State be formed by the junction
of two or more States, or parts of States, without the consent of the
legislatures of the States concerned as well as of the Congress.
2. The Congress shall have power to dispose of and make all needful
rules and regulations respecting the territory or other property
belonging to the United States; and nothing in this Constitution shall
be so construed as to prejudice any claims of the United States, or of
any particular State.
SECT. IV. The United States shall guarantee to every State in this Union
a republican form of government, and shall protect each of them against
invasion; and on application of the legislature, or of the executive
(when the legislature cannot be convened) against domestic violence.
ARTICLE V.
The Congress, whenever two thirds of both houses shall deem it
necessary, shall propose amendments to this Constitution, or, on the
application of the legislatures of two thirds of the several States,
shall call a convention for proposing amendments, which in either case
shall be valid to all intents and purposes, as part of this
Constitution, when ratified by the legislatures of three fourths of the
several States, or by conventions in three fourths thereof, as the one
or the other mode of ratification may be proposed by the Congress;
provided that no amendments which may be made prior to the year one
thousand eight hundred and eight shall in any manner affect the first
and fourth clauses in the ninth section of the first article; and that
no State, without its consent, shall be deprived of its equal suffrage
in the Senate.
ARTICLE VI.
1. All debts contracted and engagements entered into, before the
adoption of this Constitution, shall be as valid against the United
States under this Constitution, as under the Confederation.
2. This Constitution, and the laws of the United States which shall be
made in pursuance thereof; and all treaties made, or which shall be
made, under the authority of the United States, shall be the supreme law
of the land; and the judges in every State shall be bound thereby,
anything in the Constitution or laws of any State to the contrary
notwithstanding.
3. The Senators and Representatives before mentioned, and the members of
the several State legislatures, and all executive and judicial officers,
both of the United States and of the several States, shall be bound by
oath or affirmation, to support this Constitution; but no religious test
shall ever be required as a qualification to any office or public trust
under the United States.
ARTICLE VII.
The ratification of the conventions of nine States, shall be sufficient
for the establishment of this Constitution between the States so
ratifying the same.
Done in Convention by the unanimous consent of the States present, the
seventeenth day of September in the year of our Lord one thousand seven
hundred and eighty-seven and of the Independence of the United States of
America the twelfth. In witness whereof we have hereunto subscribed our
names.
[Signed by]
George WASHINGTON,
_Presidt and Deputy from Virginia._
NEW HAMPSHIRE.
John Langdon,
Nicholas Gilman.
MASSACHUSETTS.
Nathaniel Gorham,
Rufus King.
CONNECTICUT.
Wm. Saml. Johnson,
Roger Sherman.
NEW YORK.
Alexander Hamilton.
NEW JERSEY.
Wil: Livingston,
David Brearley,
Wm: Paterson,
Jona: Dayton.
PENNSYLVANIA
B Franklin,
Thomas Mifflin,
Robt. Morris,
Geo. Clymer,
Tho. Fitz Simons,
Jared Ingersoll,
James Wilson,
Gouv Morris.
DELAWARE.
Geo: Read,
Gunning Bedford, Jun,
John Dickinson,
Richard Bassett,
Jaco: Broom.
MARYLAND.
James McHenry,
Dan of St. Thos Jenifer,
Danl Carroll.
VIRGINIA.
John Blair,
James Madison, Jr.
NORTH CAROLINA.
Wm. Blount,
Richd. Dobbs Spaight,
Hu Williamson.
SOUTH CAROLINA.
J. Rutledge,
Charles Cotesworth Pinckney,
Charles Pinckney,
Pierce Butler.
GEORGIA.
William Few,
Abr. Baldwin.
Attest: William Jackson, _Secretary_.
ARTICLES IN ADDITION TO AND AMENDMENT OF THE CONSTITUTION OF THE UNITED
STATES OF AMERICA, PROPOSED BY CONGRESS, AND RATIFIED BY THE
LEGISLATURES OF THE SEVERAL STATES, PURSUANT TO THE FIFTH ARTICLE OF THE
ORIGINAL CONSTITUTION.
ARTICLE I.--Congress shall make no law respecting an establishment of
religion, or prohibiting the free exercise thereof; or abridging the
freedom of speech, or of the press; or the right of the people
peaceably to assemble and to petition the government for a redress of
grievances.
ARTICLE II.--A well-regulated militia, being necessary to the security
of a free State, the right of the people to keep and bear arms, shall
not be infringed.
ARTICLE III.--No soldier shall, in time of peace be quartered in any
house without the consent of the owner, nor in time of war, but in a
manner to be prescribed by law.
ARTICLE IV.--The right of the people to be secure in their persons,
houses, papers, and effects, against unreasonable searches and seizures,
shall not be violated, and no warrants shall issue but upon probable
cause, supported by oath or affirmation, and particularly describing the
place to be searched, and the persons or things to be seized.
ARTICLE V.--No person shall be held to answer for a capital, or
otherwise infamous crime, unless on a presentment or indictment of a
grand jury except in cases arising in the land or naval forces, or in
the militia, when in actual service in time of war or public danger; nor
shall any person be subject for the same offense to be twice put in
jeopardy of life or limb; nor shall be compelled in any criminal case to
be a witness against himself, nor be deprived of life, liberty, or
property, without due process of law; nor shall private property be
taken for public use without just compensation.
ARTICLE VI.--In all criminal prosecutions the accused shall enjoy the
right to a speedy and public trial, by an impartial jury of the State
and district wherein the crime shall have been committed, which district
shall have been previously ascertained by law, and to be informed of the
nature and cause of the accusation; to be confronted with the witnesses
against him; to have compulsory process for obtaining witnesses in his
favor, and to have the assistance of counsel for his defense.
ARTICLE VII.--In suits at common law, where the value in controversy
shall exceed twenty dollars, the right of trial by jury shall be
preserved, and no fact tried by a jury shall be otherwise reexamined in
any court of the United States, than according to the rules of the
common law.
ARTICLE VIII.--Excessive bail shall not be required, nor excessive fines
imposed, nor cruel and unusual punishments inflicted.
ARTICLE IX.--The enumeration in the Constitution, of certain rights,
shall not be construed to deny or disparage others retained by the
people.
ARTICLE X.--The powers not delegated to the United States by the
Constitution, nor prohibited by it to the States, are reserved to the
States respectively, or to the people.
ARTICLE XI.--The judicial power of the United States shall not be
construed to extend to any suit in law or equity, commenced or
prosecuted against one of the United States by citizens of another
State, or by citizens or subjects of any foreign state.
ARTICLE XII.--1. The electors shall meet in their respective States, and
vote by ballot for President and Vice-President, one of whom, at least,
shall not be an inhabitant of the same State with themselves; they shall
name in their ballots the person voted for as President, and in distinct
ballots the person voted for as Vice-President, and they shall make
distinct lists of all persons voted for as President, and of all persons
voted for as Vice-President, and of the number of votes for each, which
lists they shall sign and certify, and transmit sealed to the seat of
government of the United States, directed to the President of the
Senate;--the President of the Senate shall, in the presence of the
Senate and House of Representatives, open all the certificates and the
votes shall then be counted;--the person having the greatest number of
votes for President shall be the President, if such number be a majority
of the whole number of electors appointed; and if no person have such
majority, then from the persons having the highest numbers not exceeding
three on the list of those voted for as President, the House of
Representatives shall choose immediately, by ballot, the President. But
in choosing the President, the votes shall be taken by States, the
representation from each State having one vote; a quorum for this
purpose shall consist of a member or members from two thirds of the
States, and a majority of all the States shall be necessary to a choice.
And if the House of Representatives shall not choose a President
whenever the right of choice shall devolve upon them, before the fourth
day of March next following, then the Vice-President shall act as
President, as in the case of the death or other constitutional
disability of the President.--The person having the greatest number of
votes as Vice-President, shall be the Vice-President, if such number be
a majority of the whole number of electors appointed, and if no person
have a majority, then from the two highest numbers on the list, the
Senate shall choose the Vice-President; a quorum for the purpose shall
consist of two thirds of the whole number of Senators, and a majority of
the whole number shall be necessary to a choice. But no person
constitutionally ineligible to the office of President shall be eligible
to that of Vice-president of the United States.
ARTICLE XIII.--Section 1. Neither slavery nor involuntary servitude,
except as a punishment for crime whereof the party shall have been duly
convicted, shall exist within the United States, or any place subject to
their jurisdiction.
Section 2. Congress shall have power to enforce this article by
appropriate legislation.
ARTICLE XIV.--Section 1. All persons born or naturalized in the United
States, and subject to the jurisdiction thereof, are citizens of the
United States and of the State wherein they reside. No State shall make
or enforce any law which shall abridge the privileges or immunities of
citizens of the United States; nor shall any State deprive any person of
life, liberty, or property, without due process of law; nor deny to any
person within its jurisdiction the equal protection of the laws.
Section 2. Representatives shall be apportioned among the several States
according to their respective numbers, counting the whole number of
persons in each State, excluding Indians not taxed. But when the right
to vote at any election for the choice of Electors for President and
Vice-President of the United States, Representatives in Congress, the
executive and judicial officers of a State, or the members of the
legislature thereof, is denied to any of the male inhabitants of such
State, being twenty-one years of age and citizens of the United States,
or in any way abridged, except for participation in rebellion, or other
crime, the basis of representation therein shall be reduced in the
proportion which the number of such male citizens shall bear to the
whole number of male citizens twenty-one years of age in such State.
Section 3. No person shall be a Senator or Representative in Congress,
or Elector of President and Vice-President, or hold any office, civil or
military, under the United States, or under any State, who, having
previously taken an oath, as a member of Congress, or as an officer of
the United States, or as a member of any State legislature, or as an
executive or judicial officer of any State, to support the Constitution
of the United States, shall have engaged in insurrection or rebellion
against the same, or given aid or comfort to the enemies thereof. But
Congress may by a vote of two thirds of each house, remove such
disability.
Section 4. The validity of the public debt of the United States,
authorized by law, including debts incurred for payment of pensions and
bounties for services in suppressing insurrection or rebellion, shall
not be questioned. But neither the United States nor any State shall
assume or pay any debt or obligation incurred in aid of insurrection or
rebellion against the United States, or any claim for the loss or
emancipation of any slave; but all such debts, obligations, and claims
shall be held illegal and void.
Section 5. The Congress shall have power to enforce by appropriate
legislation the provisions of this article.
ARTICLE XV.--Section 1. The right of citizens of the United States to
vote shall not be denied or abridged by the United States or any State
on account of race, color, or previous condition of servitude.
Section 2. The Congress shall have power to enforce this article by
appropriate legislation.
ARTICLE XVI.--The Congress shall have power to lay and collect taxes on
incomes from whatever source derived, without apportionment among the
several States and without regard to any census or enumeration.
ARTICLE XVII.--Section 1. The Senate of the United States shall be
composed of two senators from each State, elected by the people thereof,
for six years; and each senator shall have one vote. The electors in
each State shall have the qualifications requisite for electors of the
most numerous branch of the State legislature.
Section 2. When vacancies happen in the representation of any State in
the Senate the executive authority of such State shall issue writs of
election to fill such vacancies, Provided, that the legislature of any
State may empower the executive thereof to make temporary appointments
until the people fill the vacancies by election as the legislature may
direct.
Section 3. This amendment shall not be so construed as to affect the
election or term of any senator chosen before it becomes valid as part
of the Constitution.
APPENDIX B.
ARTICLES OF CONFEDERATION.
_Articles of Confederation and Perpetual Union between the States of New
Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations,
Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland,
Virginia, North Carolina, South Carolina, and Georgia._
ARTICLE I.--The style of this Confederacy shall be, "The United States
of America."
ART. II.--Each State retains its sovereignty, freedom, and independence,
and every power, jurisdiction, and right, which is not by this
Confederation expressly delegated to the United States in Congress
assembled.
ART. III.--The said States hereby severally enter into a firm league of
friendship with each other, for their common defense, the security of
their liberties, and their mutual and general welfare, binding
themselves to assist each other against all force offered to, or attacks
made upon them, or any of them, on account of religion, sovereignty,
trade, or any other pretense whatever.
ART. IV.--The better to secure and perpetuate mutual friendship and
intercourse among the people of the different States in this Union, the
free inhabitants of each of these States, paupers, vagabonds, and
fugitives from justice excepted, shall be entitled to all privileges and
immunities of free citizens in the several States; and the people of
each State shall have free ingress and egress to and from any other
State, and shall enjoy therein all the privileges of trade and commerce
subject to the same duties, impositions, and restrictions as the
inhabitants thereof respectively; provided that such restrictions shall
not extend so far as to prevent the removal of property imported into
any State to any other State of which the owner is an inhabitant;
provided also, that no imposition, duties, or restriction shall be laid
by any State on the property of the United States or either of them. If
any person guilty of, or charged with, treason, felony, or other high
misdemeanor in any State shall flee from justice and be found in any of
the United States, he shall, upon demand of the governor or executive
power of the States from which he fled, be delivered up and removed to
the State having jurisdiction of his offense. Full faith and credit
shall be given in each of these States to the records, acts, and
judicial proceedings of the courts and magistrates of every other State.
ART. V.--For the more convenient management of the general interests of
the United States, delegates shall be annually appointed in such manner
as the Legislature of each State shall direct, to meet in Congress on
the first Monday in November in every year with a power reserved to each
State to recall its delegates, or any of them, at any time within the
year, and to send others in their stead for the remainder of the year.
No State shall be represented in Congress by less than two, nor by more
than seven members; and no person shall be capable of being a delegate
for more than three years in any term of six years; nor shall any
person, being a delegate, be capable of holding any office under the
United States for which he, or another for his benefit, receives any
salary, fees, or emolument of any kind. Each State shall maintain its
own delegates in any meeting of the States and while they act as members
of the Committee of the States. In determining questions in the United
States in Congress assembled, each State shall have one vote. Freedom of
speech and debate in Congress shall not be impeached or questioned in
any court or place out of Congress; and the members of Congress shall be
protected in their persons from arrest and imprisonment during the time
of their going to and from, and attendance on, Congress, except for
treason, felony, or breach of the peace.
ART. VI.--No State, without the consent of the United States, in
Congress assembled, shall send any embassy to, or receive any embassy
from, or enter into any conference, agreement, alliance, or treaty with
any king, prince, or state; nor shall any person holding any office of
profit or trust under the United States, or any of them, accept of any
present, emolument, office, or title of any kind whatever from any king,
prince, or foreign state; nor shall the United States, in Congress
assembled, or any of them, grant any title of nobility.
No two or more States shall enter into any treaty, confederation, or
alliance whatever between them, without the consent of the United
States, in Congress assembled, specifying accurately the purposes for
which the same is to be entered into, and how long it shall continue.
No State shall lay any imposts or duties which may interfere with any
stipulations in treaties entered into by the United States, in Congress
assembled, with any king, prince, or state, in pursuance of any treaties
already proposed by Congress to the courts of France and Spain.
No vessels of war shall be kept up in time of peace by any State, except
such number only as shall be deemed necessary by the United States, in
Congress assembled, for the defense of such State or its trade, nor
shall any body of forces be kept up by any State in time of peace,
except such number only as, in the judgment of the United States, in
Congress assembled, shall be deemed requisite to garrison the forts
necessary for the defense of such State; but every State shall always
keep up a well-regulated and disciplined militia, sufficiently armed and
accoutered, and shall provide and constantly have ready for use in
public stores a due number of field-pieces and tents, and a proper
quantity of arms, ammunition, and camp equipage.
No State shall engage in any war without the consent of the United
States, in Congress assembled, unless such State be actually invaded by
enemies, or shall have received certain advice of a resolution being
formed by some nation of Indians to invade such State, and the danger is
so imminent as not to admit of a delay till the United States, in
Congress assembled, can be consulted; nor shall any State grant
commissions to any ships or vessels of war, nor letters of marque or
reprisal, except it be after a declaration of war by the United States,
in Congress assembled, and then only against the kingdom or state, and
the subjects thereof, against which war has been so declared, and under
such regulations as shall be established by the United States, in
Congress assembled, unless such State be infested by pirates, in which
case vessels of war may be fitted out for that occasion, and kept so
long as the danger shall continue, or until the United States, in
Congress assembled, shall determine otherwise.
ART. VII.--When land forces are raised by any State for the common
defense, all officers of or under the rank of Colonel shall be appointed
by the Legislature of each State respectively by whom such forces shall
be raised, or in such manner as such State shall direct, and all
vacancies shall be filled up by the State which first made the
appointment.
ART. VIII.--All charges of war, and all other expenses that shall be
incurred for the common defense, or general welfare, and allowed by the
United States, in Congress assembled, shall be defrayed out of a common
treasury, which shall be supplied by the several States in proportion to
the value of all land within each State, granted to, or surveyed for,
any person, as such land and the buildings and improvements thereon
shall be estimated, according to such mode as the United States, in
Congress assembled, shall, from time to time, direct and appoint. The
taxes for paying that proportion shall be laid and levied by the
authority and direction of the Legislatures of the several States,
within the time agreed upon by the United States in Congress assembled.
ART. IX.--The United States, in Congress assembled, shall have the sole
and exclusive right and power of determining on peace and war, except in
the cases mentioned in the sixth Article; of sending and receiving
ambassadors; entering into treaties and alliances, provided that no
treaty of commerce shall be made, whereby the legislative power of the
respective States shall be restrained from imposing such imposts and
duties on foreigners as their own people are subjected to, or from
prohibiting the exportation or importation of any species of goods or
commodities whatever; of establishing rules for deciding, in all cases,
what captures on land and water shall be legal, and in what manner
prizes taken by land or naval forces in the service of the United States
shall be divided or appropriated; of granting letters of marque and
reprisal in times of peace; appointing courts for the trial of piracies
and felonies committed on the high seas; and establishing courts for
receiving and determining finally appeals in all cases of captures;
provided that no member of Congress shall be appointed a judge of any of
the said courts.
The United States, in Congress assembled, shall also be the last resort
on appeal in all disputes and differences now subsisting, or that
hereafter may arise between two or more States concerning boundary,
jurisdiction, or any other cause whatever; which authority shall always
be exercised in the manner following: Whenever the legislative or
executive authority, or lawful agent of any State in controversy with
another, shall present a petition to Congress, stating the matter in
question, and praying for a hearing, notice thereof shall be given by
order of Congress to the legislative or executive authority of the other
State in controversy, and a day assigned for the appearance of the
parties by their lawful agents, who shall then be directed to appoint,
by joint consent, commissioners or judges to constitute a court for
hearing and determining the matter in question; but if they cannot
agree, Congress shall name three persons out of each of the United
States, and from the list of such persons each party shall alternately
strike out one, the petitioners beginning, until the number shall be
reduced to thirteen; and from that number not less than seven nor more
than nine names, as Congress shall direct, shall, in the presence of
Congress, be drawn out by lot; and the persons whose names shall be so
drawn, or any five of them, shall be commissioners or judges, to hear
and finally determine the controversy, so always as a major part of the
judges who shall hear the cause shall agree in the determination; and if
either party shall neglect to attend at the day appointed, without
showing reasons which Congress shall judge sufficient, or being present,
shall refuse to strike, the Congress shall proceed to nominate three
persons out of each State, and the secretary of Congress shall strike in
behalf of such party absent or refusing; and the judgment and sentence
of the court, to be appointed in the manner before prescribed, shall be
final and conclusive; and if any of the parties shall refuse to submit
to the authority of such court, or to appear or defend their claim or
cause, the court shall nevertheless proceed to pronounce sentence or
judgment, which shall in like manner be final and decisive; the judgment
or sentence and other proceedings being in either case transmitted to
Congress, and lodged among the acts of Congress for the security of the
parties concerned; provided, that every commissioner, before he sits in
judgment, shall take an oath, to be administered by one of the judges of
the supreme or superior court of the State where the cause shall be
tried, "well and truly to hear and determine the matter in question,
according to the best of his judgment, without favor, affection, or hope
of reward." Provided, also, that no State shall be deprived of territory
for the benefit of the United States.
All controversies concerning the private right of soil claimed under
different grants of two or more States, whose jurisdictions, as they may
respect such lands, and the States which passed such grants are
adjusted, the said grants or either of them being at the same time
claimed to have originated antecedent to such settlement of
jurisdiction, shall, on the petition of either party to the Congress of
the United States, be finally determined, as near as may be, in the same
manner as is before prescribed for deciding disputes respecting
territorial jurisdiction between different States.
The United States, in Congress assembled, shall also have the sole and
exclusive right and power of regulating the alloy and value of coin
struck by their own authority, or by that of the respective States;
fixing the standard of weights and measures throughout the United
States; regulating the trade and managing all affairs with the Indians,
not members of any of the States; provided that the legislative right of
any State, within its own limits, be not infringed or violated;
establishing and regulating post offices from one State to another,
throughout all the United States, and exacting such postage on the
papers passing through the same as may be requisite to defray the
expenses of the said office; appointing all officers of the land forces
in the service of the United States, excepting regimental officers;
appointing all the officers of the naval forces, and commissioning all
officers whatever in the service of the United States; making rules for
the government and regulation of the said land and naval forces, and
directing their operations.
The United States, in Congress assembled, shall have authority to
appoint a committee, to sit in the recess of Congress, to be denominated
"A Committee of the States," and to consist of one delegate from each
State, and to appoint such other committees and civil officers as may be
necessary for managing the general affairs of the United States under
their direction; to appoint one of their number to preside; provided
that no person be allowed to serve in the office of president more than
one year in any term of three years; to ascertain the necessary sums of
money to be raised for the service of the United States, and to
appropriate and apply the same for defraying the public expenses; to
borrow money or emit bills on the credit of the United States,
transmitting every half year to the respective States an account of the
sums of money so borrowed or emitted; to build and equip a navy; to
agree upon the number of land forces, and to make requisitions from each
State for its quota, in proportion to the number of white inhabitants in
such State, which requisition shall be binding; and thereupon the
Legislature of each State shall appoint the regimental officers, raise
the men, and clothe, arm, and equip them in a soldier-like manner, at
the expense of the United States; and the officers and men so clothed,
armed, and equipped shall march to the place appointed, and within the
time agreed on by the United States, in Congress assembled; but if the
United States, in Congress assembled, shall, on consideration of
circumstances, judge proper that any State should not raise men, or
should raise a smaller number than its quota, and that any other State
should raise a greater number of men than the quota thereof, such extra
number shall be raised, officered, clothed, armed, and equipped in the
same manner as the quota of such State, unless the Legislature of such
State shall judge that such extra number cannot be safely spared out of
the same, in which case they shall raise, officer, clothe, arm, and
equip as many of such extra number as they judge can be safely spared,
and the officers and men so clothed, armed, and equipped shall march to
the place appointed, and within the time agreed on by the United States,
in Congress assembled.
The United States, in Congress assembled, shall never engage in a war,
nor grant letters of marque and reprisal in time of peace, nor enter
into any treaties or alliances, nor coin money, nor regulate the value
thereof, nor ascertain the sums and expenses necessary for the defense
and welfare of the United States, or any of them, nor emit bills, nor
borrow money on the credit of the United States, nor appropriate money,
nor agree upon the number of vessels of war to be built or purchased, or
the number of land or sea forces to be raised, nor appoint a commander
in chief of the army or navy, unless nine States assent to the same, nor
shall a question on any other point, except for adjourning from day to
day, be determined, unless by the votes of a majority of the United
States, in Congress assembled.
The Congress of the United States shall have power to adjourn to any
time within the year, and to any place within the United States, so that
no period of adjournment be for a longer duration than the space of six
months, and shall publish the journal of their proceedings monthly,
except such parts thereof relating to treaties, alliances, or military
operations as in their judgment require secrecy; and the yeas and nays
of the delegates of each State, on any question, shall be entered on the
journal when it is desired by any delegate; and the delegates of a
State, or any of them, at his or their request, shall be furnished with
a transcript of the said journal except such parts as are above
excepted, to lay before the Legislatures of the several States.
ART. X.--The Committee of the States, or any nine of them, shall be
authorized to execute, in the recess of Congress, such of the powers of
Congress as the United States, in Congress assembled, by the consent of
nine States, shall, from time to time, think expedient to vest them
with; provided that no power be delegated to the said Committee, for the
exercise of which, by the Articles of Confederation, the voice of nine
States in the Congress of the United States assembled is requisite.
ART. XI.--Canada, acceding to this Confederation, and joining in the
measures of the United States shall be admitted into, and entitled to
all the advantages of this Union; but no other colony shall be admitted
into the same, unless such admission be agreed to by nine States.
ART. XII.--All bills of credit emitted, moneys borrowed, and debts
contracted by or under the authority of Congress, before the assembling
of the United States, in pursuance of the present Confederation, shall
be deemed and considered as a charge against the United States, for
payment and satisfaction whereof the said United States and the public
faith are hereby solemnly pledged.
ART. XIII.--Every State shall abide by the determinations of the United
States, in Congress assembled, on all questions which by this
Confederation are submitted to them. And the Articles of this
Confederation shall be inviolably observed by every State, and the Union
shall be perpetual; nor shall any alteration at any time hereafter be
made in any of them, unless such alteration be agreed to in a Congress
of the United States, and be afterwards confirmed by the Legislatures of
every State.
AND WHEREAS it hath pleased the great Governor of the world to incline
the hearts of the Legislatures we respectively represent in Congress to
approve of, and to authorize us to ratify, the said Articles of
Confederation and perpetual Union, know ye, that we, the undersigned
delegates, by virtue of the power and authority to us given for that
purpose, do, by these presents, in the name and in behalf of our
respective constituents, fully and entirely ratify and confirm each and
every of the said Articles of Confederation and perpetual Union, and all
and singular the matters and things therein contained. And we do further
solemnly plight and engage the faith of our respective constituents,
that they shall abide by the determinations of the United States, in
Congress assembled, on all questions which by the said Confederation are
submitted to them; and that the Articles thereof shall be inviolably
observed by the States we respectively represent, and that the Union
shall be perpetual. In witness whereof, we have hereunto set our hands
in Congress. Done at Philadelphia, in the State of Pennsylvania, the
ninth day of July, in the year of our Lord 1778, and in the third year
of the Independence of America.
APPENDIX C.
REFERENCE BOOKS.
ALTON, _Among the Lawmakers_, Scribner.
ASHLEY, _The American Federal States_, Macmillan.
BREWER, _American Citizenship_, Scribner.
BROOKS, _How the Republic is Governed_, Scribner.
BRYCE, _The American Commonwealth_, Macmillan.
BURGESS, _The Middle Period_, Scribner.
_Century Book for Young Americans_, Century Co.
CONKLING, _City Government in the United States_, Appleton.
CURTIS, _The United States and Foreign Powers_, Scribner.
DEVLIN, _Municipal Reform in the United States_, Putnam.
DOLE, _Talks About Law_, Houghton Mifflin Co.
DOLE, _Young Citizen_, Ginn.
FISKE, _Civil Government in the United States_, Houghton Mifflin Co.
FISKE, _Critical Period of American History_, Houghton Mifflin Co.
HARRISON, _This Country of Ours_, Scribner.
HART, _Formation of the Union_, Longmans, Green & Co.
HILL, _Lessons for Junior Citizens_, Ginn & Co.
HOLT, _Talks on Civics_, Macmillan.
HOXIE, _How the People Rule_, Silver, Burdett & Co.
MACY, _Our Government_, Ginn.
MARRIOTT, _Uncle Sam's Business_, Harpers.
Newspaper Almanacs.
REINSCH, _Young Citizen's Reader_, Sanborn.
ROBINSON, _Elementary Law_, Little, Brown & Co.
SLOANE, _The French War and the Revolution_, Scribner.
THWAITES, _The Colonies_, Longmans, Green & Co.
WILSON, _Division and Reunion_, Longmans, Green & Co.
INDEX
Administrative departments, city,
Agriculture, department of,
Alaska,
Albany Congress,
Amendments to the Constitution,
Annapolis Convention,
Annapolis Naval Academy,
Appointment, President's power of,
Apportionment of representatives,
Appropriations by Congress,
Army of the United States,
Articles of Confederation,
Bank, see National Banks.
Bankruptcy laws,
Bills in Congress,
Bonds, National,
Cabinet,
Cabinet system of government,
Capital, location of,
Census of the United States,
Charities,
Circuit Courts of the United States,
Citizenship,
City government,
Civil Service Reform,
Coins and coinage,
Colonial governments,
Colonies made States,
Commerce, department of,
Commerce, power of Congress over,
Committee on Rules,
Committees of Correspondence,
Committee system 'in Congress,
Confederation, Articles of, see Articles of Confederation.
Conference committees,
Congress, Continental,
under the Constitution,
procedure in,
sessions of,
Constitutional Convention (1787),
delegates to,
compromises
Constitution of U.S.,
amendments of,
origin of,
ratification,
Consuls,
Conventions, National,
Copyright,
County government, chap.
County type of local government,
Cuba,
Debts of U.S.,
Diplomatic bureaus,
District courts of the U.S.,
District of Columbia,
Duties, customs,
Electoral Commission,
Electors, Presidential,
England,
Executive departments,
Ex post facto laws,
Federal republics,
Finances, National,
France,
Franchises,
Free coinage,
Gerrymander,
Gold certificates,
Grand jury,
_Habeas corpus_,
Hawaii,
Health, public,
Homestead law,
Immigration,
Impeachment,
Implied powers of Congress,
Inauguration of President,
Income taxes,
Indians,
Interior, department of,
Internal revenue system,
Interstate commerce law,
Judiciary, National,
Jurisdiction of U.S. courts,
Jury system,
Justice, department of,
Lands, public,
Legal tender, definition,
Lobby,
Local government,
Local government, origin,
Mail matter,
Mayor,
Message, President's,
Military powers of Congress,
Militia,
Monarchies,
Money of the U.S.,
Municipal government,
ownership,
National banks,
Naturalization,
Navy, department of,
of the U.S.,
New England colonies,
Confederation,
New Jersey plan,
Nobility, titles of,
Northwest Territory,
Ordinance of 1787,
Pairs, in voting,
Pardons,
Parish,
Parliament of England,
Patents,
Philippines, government of,
Poor,
Porto Rico, government of,
Post Office, department of,
system,
Presidential succession,
President of U.S.,
election of,
Proportional representation,
Public lands,
Quorum in Congress,
Railroads and interstate commerce,
Reform movements,
Representatives, apportionment of,
election of,
qualifications of,
Reprieve,
Revenue bills in Congress,
Roads,
Rural delivery of mail,
Russia,
Salaries of Congressmen,
Senate of U.S.,
Senators, qualifications of,
election of,
Silver certificates,
Smuggling,
Speaker of the House of Representatives,
Spoils system,
Stamp Act Congress,
State, department of,
Streets,
Subsidiary silver,
Supervisor system of local government,
Supreme Court of U.S.,
Survey, U.S. Government,
Switzerland,
Tariff,
Taxation, National,
Taxes, direct and indirect,
Territorial delegates,
Territories,
Territory, admission of,
Town type of local government,
township-county type,
Treasury, department of,
Treasury notes,
Treaties,
Trusts,
Union, steps leading to,
United States notes,
Vacancies, in House of Representatives,
in Senate,
Vestry,
Veto,
Vice-president of U.S.,
Virginia local government,
Virginia plan,
Voting, methods in Congress,
War, declaration of,
department of,
Yeas and nays,
THE GOVERNMENT
OF IDAHO
By
J.T. Worlton
Superintendent of Schools, Sugar City
Copyright, 1907, By
Charles Scribner's Sons
CONTENTS.
HISTORICAL
FORM OF GOVERNMENT
DEPARTMENTS OF GOVERNMENT
SCHOOLS
THE GOVERNMENT OF IDAHO.
HISTORICAL.
The country out of which Idaho was created, known as a part of the
Oregon Country, was acquired by treaty with England in 1846. Long before
this date, however, trappers, hunters, explorers, and sturdy pioneers
had found their way across the Rocky Mountains into the fertile valleys
drained by the tributaries of the Columbia.
The earliest white men in this region were undoubtedly the half-breed
French-Canadian voyageurs and the trappers of the Hudson Bay Company,
who opened the trails through all the great wilderness of the Pacific
Northwest; but the honor of revealing to the world the first impressions
of the natural beauty and boundless resources of this new country west
of the Rockies rests with Lewis and Clark, who crossed the State on
their voyage of exploration and discovery in August, 1805. They found
the Indians in possession of articles of European manufacture which had
been obtained from the trappers of the Hudson Bay Company.
The first white settlement in Idaho of which we have record was
established in 1834 at Fort Hall, Bannock County. This fort was
important in early Idaho history, being at the crossing of the
Missouri-Oregon and the Utah-Canadian trails.
Fort Boise, established in 1836 near the junction of the Snake and
Boise rivers, was a rendezvous for thousands of Indians, who gathered
from all the country between the Pacific coast and the head waters of
the Missouri River to trade and barter in horses, furs, and articles of
adornment.
The discovery of gold in 1860 at a point on the Clear Water River in
northern Idaho was followed by a vast immigration to that section; this
led to the discovery of gold in other parts of the territory, and soon
the placer mines in the vicinity of Boise and other places were
developed.
The territory of Idaho, comprising what is now Montana, Wyoming, and
Idaho, was organized by the Federal Government, March 3, 1863, and
Lewiston was made the temporary capital of the territory.
The placer mines of the Boise Basin proved richer than those of the
north, and the bulk of the population rapidly drifted southward. This
shifting of population caused the removal of the State capital to its
present location at Boise in 1864.
By an act of Congress creating the territories of Montana and Wyoming,
Idaho was reduced to its present boundaries in 1868.
On July 3, 1890, Idaho passed from a territorial form of government to
that of a state, being the forty-third State to join the great Federal
Union. Since that time her growth and development have been continuous
and rapid.
Mining, lumbering, manufacturing, and agricultural pursuits are the
principal resources of the State.
FORM OF GOVERNMENT.
The Constitution of the State of Idaho, like those of the other states
in the Union, is modeled after the Constitution of the United States. It
contains:
A Preamble, setting forth the purposes of the Constitution.
A Declaration, called the Bill of Rights, containing twenty-one
sections.
Provision for dividing the powers of government into three departments.
Articles relating to taxation, suffrage, public schools, corporations,
militia, immigration, labor, amendments, and other public affairs.
Preamble.--"We, the people of the State of Idaho, grateful to
Almighty God for our freedom, to secure its blessings and promote our
common welfare, do establish this constitution."
Declaration of Rights.--The Bill of Rights is a declaration of
privileges retained by the people, which the departments of government
are expressly prohibited from invading. The most important provisions in
the Bill of Rights may be classed under the following headings:
democratic principles; personal security; private property; freedom of
religion, speech, and of the press; and security against military
tyranny.
Democratic Principles.--All men are equal before the law, and are
protected in the enjoyment of life, property, and the pursuit of
happiness.
All power is inherent in the people.
Personal Security.--The people have the right to bear arms for
their safety and defense, but this privilege is regulated by appropriate
legislation.
The people shall be secure in their persons, houses, papers, and other
possessions against unreasonable searches and seizures.
There shall be no imprisonment for debt except in cases of fraud.
Private Property.--Private property shall not be taken for public use
except a necessity therefore exists, and then only after just
compensation has been paid.
Religion.--The free exercise and enjoyment of religious faith and
worship shall forever be guaranteed.
No religious test shall be required for holding public office.
Freedom of Speech and of the Press.--Every person may freely speak,
write, and publish on any subject, but he is held responsible for the
abuse of that liberty,
Freedom of Meeting.--The people shall have the right to assemble
and consult for their common good, and may petition the Legislature for
redress of grievances.
Security Against Military Tyranny.--Soldiers shall not be quartered
in private houses in times of peace without the consent of the owner,
nor in times of war except as the law may provide.
It will be seen from the above that the State government as well as the
National is planned on the accepted fact that all power originates with
the people. In America the people have the divine right to rule. The
people possess all rights which they have not expressly given to the
government. The Bill of Rights which we have discussed is therefore a
double safeguard which the people have thrown about their sacred
inalienable rights.
DEPARTMENTS OF GOVERNMENT.
Government consists essentially in making, judging, and enforcing the
laws. In absolute monarchical forms of government, of which Russia and
Turkey are examples, these three departments are vested in the same
head; but in republics and limited monarchies the law-making,
law-judging, and law-enforcing powers are separated. History has proved
that the separation of these three powers of government is most
satisfactory for an enlightened people.
Legislative Department.--The legislative or law-making power of the
State is vested in a Legislature which is composed of a Senate and a
House of Representatives. The sessions of the two houses are open to the
public and each house keeps a journal of its proceedings in which is
recorded the yea and nay votes on any question at the request of any
three members.
Qualifications of Members.--The qualifications of a senator or
representative in the State of Idaho are the same. He must be a citizen
of the United States, an elector of the State, and he must have been an
elector for at least one year next preceding his election in the county
from which he is chosen.
Sessions.--The Legislature meets biennially at the State Capital,
commencing on the first Monday after the first day of January in the odd
years. Special sessions of the Legislature may be called by the Governor
when he deems it necessary. No special session shall continue for more
than twenty days.
The compensation of our legislators is five dollars per day, with an
allowance of ten cents per mile going to and returning from the place of
meeting.
Privileges.--Members of the State Legislature are not liable to any
civil process during the session of the Legislature nor during the ten
days next preceding the same. They are privileged from arrest during the
same time in all cases except treason, felony, or breach of the peace.
They cannot be legally called to account for anything said in debate
during the session of the Legislature.
Senate.--According to the State Constitution the membership of the
Senate is limited to twenty-four members. Each county is a senatorial
district.
The term of office is two years and begins on the first day of December
following the election. The Senate adopts its own rules of government
and elects its own officers, with the exception of its president, who
is the Lieutenant-Governor ex-officio. In case the Lieutenant-Governor
assumes the duties of Governor, the Senate elects its presiding officer.
All State officers appointed by the Governor are subject to the approval
of the Senate. If the Senate is not in session when the appointment is
made, such person shall discharge the duties of the office until the
next session of the Senate. In the case of impeachment of State officers
the Senate is the court. A majority of the senators is a quorum for the
trial of impeachment, and a two-thirds vote is necessary for conviction.
In case of conviction the penalty does not extend further than removal
from office, but such person may be tried in the civil courts as other
lawbreakers.
House of Representatives.--The House of Representatives is a more
numerous body than the Senate. The members are elected for the same time
and for the same term as the senators. The House of Representatives has
power to choose all its officers. The special powers exercised by the
House of Representatives are: originating bills for raising revenue and
making appropriations, and in impeaching State officers.
Executive Department.--After the laws are made it becomes necessary
to designate some one to see that they are enforced. The legislators
make the laws, and it remains for the officers in the Executive
Department to see that the laws are enforced.
The Executive Department consists of a Governor, Lieutenant-Governor,
Secretary of State, State Auditor, State Treasurer, Attorney General,
and Superintendent of Public Instruction, all of whom hold their offices
for two years, beginning on the first Monday in January next after their
election.
Qualifications.--No person is eligible to the office of Governor,
Lieutenant-Governor, or Attorney General unless he has attained the age
of thirty years, nor to the other executive offices unless he is
twenty-five years of age. The Constitution provides that all the
executive officers shall be citizens of the United States and shall have
resided in the State two years next preceding their election, and that
the Attorney General must have been admitted to practice in the Supreme
Court of the State.
Governor.--The Governor is commander-in-chief of the military
forces of the State and may call out the entire State militia to aid in
the enforcement of the law. He may require in writing from the officers
of the Executive Department information upon any subject relating to
their respective departments.
All acts passed by the State Legislature are presented to the Governor
for his approval and signature. If he signs a bill it becomes law; if he
disapproves it, he returns it to the house in which it originated, with
his objections, which are entered on the journal of that house. The bill
is then reconsidered, and if approved by a two-thirds majority is sent
with the Governor's objections to the other house, which also
reconsiders it, and if approved by a two-thirds vote in that house it
becomes a law over the Governor's objections.
If the Governor fails to return a bill to the Legislature within five
days (Sunday or adjournment excepted) it becomes a law without his
signature.
If the Governor disapproves a bill and the adjournment of the
Legislature prevents its return, he must file it with his objections in
the office of the Secretary of State within ten days after such
adjournment; otherwise it becomes a law.
The Governor, by and with the consent of the Senate, appoints members to
fill vacancies which may occur by death, resignation, or otherwise in
the State offices. He also has the power to make appointments to all
offices whose appointment or election is not otherwise provided for.
Lieutenant-Governor.--The Lieutenant-Governor is the only executive
officer whose residence at the State Capital is not required by law. In
case of a vacancy in the office of Governor by death, resignation, or
otherwise, the Lieutenant-Governor becomes Governor and takes up his
residence at the State Capital. The only duty of the
Lieutenant-Governor, when not called upon to act as Governor, is that of
presiding officer of the Senate.
Secretary of State.--The Secretary of State is the custodian of The
Great Seal of the State of Idaho, and all State papers. He records the
proceedings and acts of the Legislature and also of the executive
departments of the State government. He is a member of the Board of
Pardons, of the Board of State Prison Commissioners, and of the State
Land Board.
Auditor.--The Auditor is the financial guardian of the State. He
is a member of the auditing committee which passes on all claims against
the State. The Auditor receives all moneys paid the State, and deposits
the same with the State Treasurer, taking receipt therefore. Money is
paid out of the treasury only by warrant issued by the Auditor.
The Auditor makes a regular report of the financial condition of the
State.
Treasurer.--The Treasurer, who is under heavy bonds for the
performance of his duties, is the custodian of the funds of the State.
He receives the State's revenues from the Auditor and pays out money
only by warrant issued by the Auditor.
Attorney General.--The Attorney General is the legal adviser of the
State officers and acts as attorney for the State in all cases in which
the State is a party. He represents the State in all its legal business.
His office is one of dignity and responsibility.
Superintendent of Public Instruction.--The Superintendent of Public
Instruction has charge of the public-school system of the State. He
prepares all examination questions used by the County Superintendents of
the State and prescribes rules and regulations for conducting such
examinations. It is his duty to meet with the County Superintendents
from time to time to discuss questions for the general welfare of the
public schools of the State. He is an ex-officio member of the Board of
Trustees of the Lewiston and Albion Normal Schools, the Academy of
Idaho, the State Industrial School, and the State Land Board.
Judicial Department.--It is the special function of the Judicial
Department to interpret and explain the laws. The judicial power is
vested in a court for trial of impeachments, a supreme court, district
courts, probate courts, courts of justices of the peace, and municipal
courts.
The court for the trial of impeachments is the State Senate, whose
functions as a court of justice are outlined under the head of
Legislative Department.
The Supreme Court.--The Supreme Court is composed of three judges
elected from the State at large for a term of six years. It is so
arranged that one judge goes out of office each two years, thus leaving
a majority of members at all times with over two years' experience in
office.
The Supreme Court has jurisdiction both original and appellate. Its
original jurisdiction consists in issuing writs of mandamus, certiorari,
prohibition, and habeas corpus. Its appellate jurisdiction extends to
practically all cases tried in the lower courts.
The Constitution requires the Supreme Court to hold annually at least
four terms of court: two at Boise, the capital, and two at Lewiston.
The compensation allowed justices of the Supreme Court is four thousand
dollars per year, but they are not permitted to hold any other public
office during the term for which they are elected.
The District Court.--It is in the District Court that the great
body of criminal cases are disposed of. This court has original
jurisdiction in all cases arising in the district, and its appellate
jurisdiction includes all cases which may be appealed to it from the
probate or justice courts.
The State of Idaho is divided into six judicial districts. The District
Court is presided over by a judge whose legal qualifications do not
differ materially from those of the justices of the Supreme Court. Two
terms of court must be held in each county of the district annually, and
special sessions may be held at the option of the judge. The judge must
live in the district for which he is elected, but may try cases in any
county of the State at the request of the judge of the District Court
thereof who may be disqualified because of his personal or pecuniary
interest in the case. The salary paid the judge of the District Court is
three thousand dollars per year.
Probate Courts.--The Probate Court is essentially a court of record
and has original jurisdiction in all matters of probate. It is in this
court that settlement is made of the estate of deceased persons and that
guardians are appointed. The Probate Court may try all civil cases
wherein the debt or damage claimed does not exceed five hundred dollars;
its jurisdiction in criminal cases is concurrent with that of justices
of the peace.
Court of Justice of the Peace.--Every county is divided into
precincts, in each one of which there is a Justice of the Peace. He has
jurisdiction in all civil cases arising in his district wherein the
amount in consideration is not more than three hundred dollars and in
cases classed as misdemeanors.
There are also police courts in cities for the trial of the violators of
the city ordinances. The presiding officers of such courts are called
police judges.
Amendments.--Amendments to the Constitution may be submitted in two
ways: first, by being proposed by two-thirds of both houses of the
Legislature; second, by being proposed by a convention called for that
purpose.
The amendment thus submitted must be approved by the people at a popular
election.
SCHOOLS.
The State of Idaho supports the following educational institutions:
State University, State Normal Schools at Lewiston and Albion, Academy
of Idaho at Pocatello, and the Industrial School at St. Anthony. Each of
these institutions is governed by a board of trustees appointed by the
Governor for a term of years. The boards have the general management of
the schools. They build and furnish school buildings, employ and dismiss
teachers and employees, prescribe the course of study and the conditions
under which students are admitted to the respective institutions.
The Governor is kept well informed on the conditions of the various
institutions by regular reports which he requires of the several boards
of trustees. The reports set forth a detailed account of all
expenditures for the two years just closing and make an estimate of the
amount of funds needed for the maintenance of the institution for two
years hence.
Each school is supported by biennial appropriations made by the State
Legislature and by funds received as interest on money derived from the
sale of public lands set aside by the State or National Government for
their use.
The amount of land set aside for the use of the State educational
institutions is as follows: State University, including School of
Science and Agricultural College, 286,000 acres; Lewiston Normal, 50,000
acres; Albion Normal, 50,000 acres; Academy of Idaho, 40,000 acres;
Industrial Reform School, 40,000 acres.
The State University at Moscow stands at the head of the educational
institutions of the State. There are three principal departments in the
university. In the Department of Letters and Sciences the courses lead
to degrees of Bachelor of Arts, Bachelor of Science, and Bachelor of
Music. In the Department of Agriculture the course leads to a degree of
Bachelor of Science in Agriculture. In connection with the Agricultural
Course is kept a model farm of one hundred acres and an experiment
station in which laboratories are provided for soil physics, chemistry,
entomology, and botany. In the Department of Applied Science courses are
given in civil engineering, mining engineering, and in electrical and
mechanical engineering.
The University was established at Moscow by special act of the
Territorial Legislature in 1889, and since that date it has had a
splendid growth. It is well equipped in apparatus necessary for the
pursuit of the courses given.
The State Normal Schools.--As an evidence of the fact that the framers
of our State government had in mind a liberal education for the youth of
our State 100,000 acres of public land was set apart for the maintenance
of normal schools, with the provision that none of this land must be
sold for less than ten dollars per acre.
The second State Legislature established in 1893 two State Normal
Schools, one at Lewiston and one at Albion. The purpose of these
schools, as set forth in the acts which created them, is to educate and
train teachers in the art of teaching and governing in the public
schools of the State.
Idaho, although one of the youngest states in the Union, ranks high in
her educational facilities, and the Normal Training Schools have been
very influential in bringing about these results.
The Lewiston State Normal is empowered to grant certificates to its
students to teach in Idaho. These certificates are:
A. Elementary Certificates, good for one year.
B. Secondary Certificates, good for five years.
C. Diplomas, good for life.
Until recently the Albion State Normal School has issued only three-year
certificates on graduation, and life diplomas only after twelve months'
successful teaching. On April 24, 1907, the Board of Trustees of the
Albion State Normal passed a resolution, providing that the regular
course be lengthened to five years, and that life diplomas may be
granted to graduates who have taught successfully for five months.
Academy of Idaho.--The Academy of Idaho is located at Pocatello. The
purpose of this school, as set forth in Section 980 of the School Laws
of Idaho, is to teach those subjects usually taught in academic and
business courses and to give instructions pertaining to a good common
school education.
Each department is well equipped with the latest devices for furthering
the work of the pupils. The students have free access to the large
library and reading room of the institution.
The requirements for admission to the Academy of Idaho are much the same
as those of the normal schools; the applicant must show either by
certificate or examination that he is able to follow successfully the
course which he elects. No tuition is charged residents of Idaho, and
pupils from other states are admitted to all the privileges of the
Academy by payment of a reasonable tuition.
The Industrial Reform School--The Industrial Reform School was
established in 1903 at St. Anthony, Fremont County. The purpose of this
school, as set forth in the act which created it, is "for the care,
protection, training, and education of delinquent, dependent, and
neglected children, and, [to] provide for the care, control, and
discharge of juvenile offenders." In addition to the income received
from the 40,000 acres of land set aside for its maintenance, the
institution is supported by regular appropriations by the State
Legislature.
A farm of two hundred acres, maintained in connection with the school,
is equipped with necessary agricultural implements, vehicles, horses,
cattle, hogs, poultry, etc.
The Idaho Industrial Training School is not a place of punishment, but a
school in which the physical, mental, and moral education of the child
is systematically looked after. It is the plan to have the children
leave the institution with a good common school education, with good
habits, and in fact with every requisite for good citizenship.
Idaho Insane Asylum.--The Idaho Insane Asylum is located at the
city of Blackfoot on a tract of land comprising twenty-one hundred
acres. A large part of this farm is under cultivation and forms an
important source of supplies for the institution. In connection with the
farm is maintained a large dairy herd, horses, sheep, hogs, and poultry.
A well-kept garden of thirty acres furnishes all the vegetables needed
by the inmates and employees of the institution. Most of the work done
in connection with the farm, garden, dairy, etc., is done by the
inmates. The climate, the water supply, and the general surroundings are
especially healthful, as is shown by the medical superintendent, who
says, in his report of 1906: "There is not a single case of that bane of
asylum existence--tuberculosis--among them. This is undoubtedly due to
the climatic conditions here rather than anything else."
A branch asylum was located at Orifino in 1905.
Idaho State Penitentiary.--The Idaho State Penitentiary is located
at Boise and is the only penal institution in the State. There are
twenty-five buildings in all that are used by and belong to the
institution, nearly all of which have been erected since Idaho became a
state. These buildings are located on a tract of five hundred and twenty
acres of land just east of the city. About eighty acres of land under
cultivation are under the management of the institution and all the
labor is done by the convicts. The penitentiary maintains a most
excellent library which is free to all the prisoners.
The prisoners are governed largely on the theory that "Nothing so begets
vice as idleness." During the last few years the convict labor has been
engaged on the farm, in quarrying rock for the buildings of the
institution, in erecting a new cell house and a woman's ward, and in
digging and walling up a large well which has given an abundant supply
of pure water. Thus the institution is put as far as possible on a
self-sustaining basis.
Soldiers' Home.--The Soldiers' Home was established by the State
Legislature in 1893 and located on a tract of forty acres of land about
three miles west of Boise in Ada County. The purpose of the institution,
as suggested by its name, is to provide a comfortable home for the
honorably discharged soldiers, sailors, and marines who served in the
Mexican, the Civil, or the Spanish-American wars; or for any member of
the State National Guard disabled while on duty.
The home here provided for the old veterans is surrounded by all
conveniences necessary to make their declining years pleasant and
comfortable. The rooms are heated by steam and lighted with electricity,
and they have a bountiful supply of wholesome food. A hospital is
maintained in connection with the institution, and the inmates have the
constant care of a skilled physician if necessary.
It is the aim of the institution to be as nearly self-supporting as
possible; regular appropriations for its maintenance are received from
the State and National Governments in about equal proportions.
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