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diff --git a/.gitattributes b/.gitattributes new file mode 100644 index 0000000..6833f05 --- /dev/null +++ b/.gitattributes @@ -0,0 +1,3 @@ +* text=auto +*.txt text +*.md text diff --git a/12136-0.txt b/12136-0.txt new file mode 100644 index 0000000..e9143ab --- /dev/null +++ b/12136-0.txt @@ -0,0 +1,4735 @@ +*** START OF THE PROJECT GUTENBERG EBOOK 12136 *** + +JOHNS HOPKINS UNIVERSITY STUDIES +IN +HISTORICAL AND POLITICAL SCIENCE + +HERBERT B. ADAMS, Editor + +History is past Politics and Politics present History--_Freeman_ + + + +NINTH SERIES +I-II + + +GOVERNMENT AND ADMINISTRATION +OF THE +UNITED STATES + +BY + +WESTEL W. WILLOUGHBY, A.B. +_Fellow in History_ + +AND + +WILLIAM F. WILLOUGHBY, A.B. +_U.S. Department of Labor_ + + + +1801 + + + + +TABLE OF CONTENTS. + +Chapters. + +I. Preface + +II. Government + Monarchy + Absolute + Limited + Aristocracy + Democracy + Republic + Popular Government + +III. Functions of Government + Necessary + Optional + +IV. Colonial Governments: Their Relation to Each + Other, and to England + Provincial + Proprietary + Charter + +V. Steps Toward Union--Articles of Confederation + New England Confederation + Albany Convention + Stamp Act Congress + First Continental Congress + Second Continental Congress + Articles of Confederation + Elements Tending to Separation and to Union + Purposes of the Confederation + Scheme of Government under the Articles + Defects of the Articles + +VI. Adoption of the Constitution + The Constitutional Convention + Arguments For and Against Adoption + +VII. Presidential Succession + +VIII. Election of Senators + +IX. Congressional Government + +X. Cabinet and Executive Departments + State Department + Treasury Department + War Department + Navy Department + Interior Department + Commissioner of Land Office + Commissioner of Pensions + Commissioner of Patents + Commissioner of Indian Affairs + Bureau of Education + Commissioner of Railroads + Geological Survey + Superintendent of the Census + Post Office Department + Department of Justice + Department of Agriculture + Department of Labor + Interstate Commerce Commission + Fish Commission + Civil Service Commission + Government Printing Office + National Museum, Smithsonian Institution, and Bureau + of Ethnology + Librarian of Congress + +XI. The Federal Judiciary + Federal Judicial System + District Courts + Circuit Courts + Jurisdiction + +XII. Ordinance for Government of the Northwest Territory + +XIII. Government of Territories + Admission of a Territory as a State + +XIV. State Governments + State Constitutions + State Legislatures + State Executives + State Judiciary + +XV. Local Government + In New England + In the South + In the West + +XVI. City Government + +XVII. Government Revenue and Expenditure + Federal Government + State and Local Taxes + Expenditures + Maryland + Baltimore + +XVIII. Money + Gold Coin, Gold Bullion, and Gold Certificates + Silver Dollars and Silver Certificates + Subsidiary and Minor Coins + Treasury Notes + Notes of National Banks + +XIX. Public Lands of the United States + Educational Grants + Land Bounties for Military and Naval Service + Land Grants to States for Internal Improvement + Sale of Public Land + Under Pre-emption Acts + Under Homestead Acts + Under Timber Culture Act + Certain Lands to States + Grants to Pacific and other Railroads + +XX. Reconstruction + +XXI. Party Machinery + +XXII. National Conventions and Presidential Campaigns + History and Development of the National Convention + Method of Procedure + +XXIII. Introduction to the Study of the History of + Political Parties in the United States + +Bibliographical Note + + + + +GOVERNMENT AND ADMINISTRATION +OF THE UNITED STATES. + + + +CHAPTER I. + +Preface. + + +These chapters were originally prepared for and used as a manual in the +public schools of the District of Columbia. In a revised and amplified +form they are now published as one of Johns Hopkins University Studies +in History and Politics. + +The aim of this revision is to furnish assistance to students beginning +the study of the history and practical workings of our political +institutions. It is not the purpose to furnish a complete text-book upon +the government of the United States and its administration, but, by a +clear, concise statement of the salient points of our federal system, +and a description of the actual workings of the characteristic features +of our institutions, to give to the student a better understanding of +the manner in which the same are administered, than is to be obtained +from the ordinary text-books on Civil Government. + +These Outlines are intended as an aid to both teacher and pupil, and for +use in a class whose members are already familiar with the leading +events and names in United States history. The work is intended to +furnish such supplementary information as can be obtained only with +great difficulty by most teachers, and which for the most part cannot be +obtained at all by the pupils. + +The authors have endeavored to make prominent the fact that our present +form of government is far from being contained in the written +constitution of 1787, and consequently, that a study of that instrument +alone will give a very inadequate idea of our government as it is. The +constitution was but a foundation upon which to build a government. + +Nothing like an analysis or commentary upon the constitution of the +United States is here attempted. The public is already well supplied +with books covering that ground. History proper, except as showing the +basis and reason for the establishment of our institutions, has likewise +found no place here. + +The book is to be used chiefly as a manual, to supply information that +would otherwise need to be dictated by the instructor. The Outlines are +in many particulars merely suggestive. Many topics are simply mentioned, +which the teacher must elaborate and explain at greater length. + +Lastly, though this book does not pretend to give a connected account of +our administration or politics, yet the subjects have been carefully +arranged in such an order as would most naturally be followed in a +course to which the work is intended to be an aid. + + + +CHAPTER II. + +Government. + +From the earliest times of which history furnishes authentic record, and +in all countries inhabited by man, people have found it necessary to +bind themselves together by civic regulations so that certain things may +be done by all in common--in short, to establish some form of +government. + +Now, as has always been the case, there are certain things which, from +their very nature, cannot be left to each individual to do, or not to +do, as he may choose, or to do in his own way. First of all, there is +the necessity of some means by which the weak may be protected from the +strong. The individual must be protected in his life and liberty, and +there must be some guarantee to him, that if he is industrious the +enjoyment of the product of his labor will be secured to him. Human +nature being imperfect, disputes and injustice are sure to arise. Hence +comes the necessity of some power above the citizens and able to command +their obedience, some power that can administer justice according to the +rights and not according to the strength of individuals. + +To thus control the actions of individuals, this power above the +citizens, this government, must possess functions of three kinds. First, +legislative power, or power to declare the rules of conduct to which the +citizen must conform; second, judicial power, or power to interpret and +declare the true meaning of these rules, and to apply them to the +particular cases that may arise; and third, the executive power, or +power to carry into execution these laws, and to enforce the obedience +of the citizens. + +To the student nothing could be more interesting and instructive, than +to trace how, as tribes and nations have progressed in civilization, +government has advanced in its development. How, as men have progressed, +first from the condition of savage hunters to the roving feeders of +flocks, then to tillers of the soil with fixed places of abode, and +finally to builders of cities teeming with trade, commerce and +manufactures; how as men have thus improved in civilization and material +well-being, their mutual duties and common interests have become more +and more important and numerous, and government as controlling these +interests and duties, has developed in form and improved in structure +until it has become an all-powerful, complex machine, controlling in +many ways the actions, and even the lives of its citizens. + +For thousands of years, governments have been developing and changing in +form and functions, and a very large part of the history of the nations +of the globe is identified with the history of the development and +changes of their governments. As new conditions and needs have arisen, +governments have adapted themselves to them. In some cases this has been +done peacefully, as in England, and in others violently, by +revolutionary means, as in France. In some cases functions previously +exercised have been relinquished, in others, new powers have been +assumed; but in the majority of cases, the change has been merely in the +manner of exercising this or that power. + +All peoples have not the same characteristics, nor have they developed +under the same conditions of climate, soil or situation. Different +nations have, therefore, developed for themselves different forms of +government. Yet these governments, however different in their structures +and administration, are in all cases distinctly referable to four well +defined types: Monarchy, Aristocracy, Democracy, and the Republic. +_#Monarchy.#_--A monarchy is a nation at whose head is a personal ruler, +called King, Emperor, or Czar, who has control of the government, +appoints the principal officers of state, and to whom in theory at +least, these appointees are responsible for their actions. Thus England, +Germany, Spain, Italy, Sweden, and others are monarchies. The sovereign +holds his position for life, and usually acquires his throne by +inheritance. Where the crown is nominally elective, as in England, +kingship is practically hereditary, the regular line of descent being +departed from only upon rare occasions. + +The amount of power actually exercised, the responsibility borne by the +sovereign varies widely in different countries, and upon the basis of +these differences monarchial forms of government are classified under +the two heads, Absolute and Limited Monarchies. + +_#An Absolute Monarchy.#_--An absolute monarchy is one in which the +sovereign or ruler is possessed of supreme power and authority, and +controls absolutely, without limitation or interference, all the powers +of government. His word is law and requires not the sanction of the +people. His commands are absolute and require not the formality of +judicial procedure, and are not necessarily in conformity with existing +laws. Implicit obedience to his commands, however arbitrary, may be +demanded, and there is no appeal. These are, theoretically, the powers +of the absolute monarch. Practically, however, he is constrained to keep +within fair bounds of justice and good policy, lest his subjects be +goaded to rebellion and revolution. The absolute form of monarchy exists +to-day in the empires of Russia and Turkey. + +_#A Limited Monarchy.#_--A limited monarchy is one in which the +ruler, though at the head of the government, is not absolute, but is +limited in his powers by the action of a body of men, selected by the +people, who make the laws by which the nation is to be governed. The +respective rights and powers of the sovereign and of the law-making +body, are determined by a collection of rules, written or unwritten, +collectively known as the constitution. The constitution contains the +fundamental law of the land. All acts of the government to be valid, +must be constitutional, that is to say, in conformity with the rules +laid down in the constitution. For this reason limited monarchies are +also known by the name of Constitutional Monarchies. + +England is the most conspicuous example of a limited or constitutional +monarchy. In consideration of our former connection with her, and the +extent to which we have derived our ideas of government from her +political institutions, it will be of great assistance to us if we stop +for a moment to consider her government, before proceeding to a study of +our own. + +The sovereign of England is termed King or Queen. Originally possessed +of almost absolute power, the English ruler, at the present day +possesses very little actual power and influence, much less in fact than +the people of the United States have entrusted to their President. The +constitutional history of England is largely the narrative of the +successive steps by which the people have wrested from royal hands and +taken under their own control, the powers of government. + +The rights of the English people in the participation of their own +government are not contained in the written document, such as we possess +in our constitution, but rest upon established custom and precedent, and +various charters wrested from their kings. + +The English Parliament, or, to speak more exactly, the lower branch of +the Parliament, called the House of Commons, rules the English people. +The Parliament or law-making branch of the English government, is +divided into two houses, the House of Lords, and the House of Commons. +The House of Lords is, as its name denotes, composed mainly of members +of the noble families of England, who owe their seat in that body to the +chance of birth. Theoretically possessed of powers of legislation equal +to those exercised by the lower and more numerous branch (the Commons), +the Lords have in reality but a small voice in the control of public +affairs. The House of Commons is composed of members elected by the +people. In this body reside almost all the powers of government. Its +acts require the assent of the House of Lords and of the King, but this +assent is almost wholly formal. The sphere of legislation allowed the +English Parliament is unlimited, differing in this respect fundamentally +from our Congress, which is limited in its legislative field by the +Constitution. From the English Parliament is selected the "Cabinet" +consisting of the principal executive officials, who guide the House in +its legislation, and at the same time conduct the executive affairs of +the nation. These ministers, as they are called, are appointed by the +king from the party in the majority in the House of Commons. They are +responsible to that body for all their actions, and retain their offices +only so long as they retain the confidence and good will of the Commons. + +_#An Aristocracy.#_--An aristocracy is a government in the hands of a +select few, called the aristocracy, who transmit this authority to their +children. There are to-day no aristocratic governments proper, though +many nations exhibit aristocratic tendencies. In nearly all of the +European countries, one branch, at least, of their legislatures is +composed of members holding their seats on account of noble birth, thus +admitting the aristocratic element into their governments. + +_#Democracy.#_--A pure democracy is a government in which all the people +rule directly, meeting in popular assemblies in which is determined by +the votes of the majority how the government is to be administered. This +form of government is obviously possible only in very small communities. +Several of the Grecian states governed themselves after this manner. No +perfect example of a nation with this form of government can be said to +exist at this time. The nearest approach to pure democracy is found in +certain cantons of Switzerland. The Roman historian Tacitus tells us +that the early Germans governed themselves in a purely democratic +manner, and the first governments of several of our American colonies +were of the democratic type. When we come to the study of local +government in the United States we shall see the democratic form +followed in the New England Town Meetings. + +_#Republic.#_--A republic is a democracy adapted by means of the +introduction of the representative principle, to the government of a +large and widely separated people. Under this form of government the +people rule themselves, not directly, as in a democracy, but through +agents or representatives of their own selection. The participation of +the people in their own government consists therefore merely in the +choice of officers to represent them and carry out their wishes. There +exist at present several republics, the tendency seeming to be for +nations to approach more nearly this form of government. France has +been, since 1870, the best European example of a republic. Our own +government--the United States of America--is to us the most interesting +and important example of a republic. + +_#Popular Government.#_--By the word 'popular' is meant, of or by the +people, and by popular government is to be understood a government in +the administration of which the people as a whole participate. Every +change by which new and greater political powers are given into the +hands of the common people is considered a step towards the full +realization of popular government. During the last one hundred years +great strides have been made in this direction by all European nations +except Turkey and Russia. The extent to which this movement towards +popular control of government can be safely and successfully carried is +a question of very great importance. To a very large extent it depends +upon the intelligence, previous training, and natural political ability +of the people who are to be entrusted with their own government. + + + +CHAPTER III. + +The Functions of Government. + + +Broadly speaking, the functions performed by government are of a +threefold order: the establishment, interpretation, and enforcement of +laws. A division of government into three branches is thus called for: +the legislative, the judicial and the executive. The manner in which +these departments are related to each other, the extent to which they +are vested in the same hands, and the degree in which they are separate +from each other and independent in their workings, differ in different +countries. In England, as we have seen, the executive and legislative +functions are closely united. In our government, as we shall see when we +come to consider its structure, complete independence of the three +departments has been aimed at. + +All statesmen agree that a good government should possess ample power to +interpret its own laws, and sufficient strength to fully enforce them. +When we come, however, to the question of what are the proper subjects +for control by government, and what for free management by individuals, +we reach a subject upon which writers and thinkers have been unable to +agree. + +Under the great question, over how broad a field it is expedient and +right to extend the activities of government, are embraced many of the +great topics at present agitating the public mind. Difference upon this +point has been one of the underlying causes of the existence of +political parties in the United States, and has furnished one of the +real springs of our history. Communism, socialism, and anarchy, may be +embraced under this question. This it is that makes the study of the +principles of government, especially in the United States, so important +to every one who would understand the political life around him, and be +able to form an intelligent decision upon the questions of the day. +Shall the nation or the state own and manage the railroads, the +telegraph lines, and the canals? Shall education receive the support of +the state? Shall the employment of women and children in mines and +factories be regulated by law? Shall the city own its own street +railways, its markets, its water and gas supply, its telephones, and its +water fronts? Shall this or that duty be delegated to the city or to the +state, or shall it be left to the chance performance of individuals or +corporations? These are some of the many questions of supreme importance +that meet us at every point, and the better we understand the true +nature and structure of our government, the better shall we be able to +give intelligent answers. + +Among the many functions of government, there are many so obviously +necessary to the existence of a nation, however organized, that there is +no discussion concerning the expediency of their exercise by the state. +We may, therefore, group governmental duties under two heads: the +necessary, and the optionable; or, as Professor Wilson has named them, +the _Constituent_ and the _Ministrant_.[1] Under the first head is +embraced all those functions which _must_ exist under every form of +government; and under the second title those "undertaken, not by way of +governing, but by way of advancing the general interests of society." +The following is Professor Wilson's classification: + + _#I. The Necessary or Constituent Functions.#_-- + + (1). The keeping of order and providing for the protection of + persons and property from violence and robbery. (2). The fixing of + the legal relations between man and wife, and between parents and + children. + + (3). The regulation of the holding, transmission, and interchange + of property, and determination of its liabilities for debt or for + crime. + + (4). The determination of contract rights between individuals. + + (5). The definition and punishment of crime. + + (6). The administration of justice in civil causes. + + (7). The determination of the political duties, privileges, and + relations of citizens. + + (8). Dealings of the state with foreign powers; the preservation of + the state from external danger or encroachment, and the advancement + of its intellectual interests. + + _#II. Optional or Ministrant Functions.#_ + + (1). The regulation of trade and industry. Under this head we must + include the coinage of money, and the establishment of standard + weights and measures, laws against forestalling, engrossing, the + licensing of trades, etc., as well as the great matters of tariffs, + navigation laws, and the like. + + (2). The regulation of labor. + + (3). The maintenance of thoroughfares, including state management + of railways, and that great group of undertakings which we embrace + within the comprehensive terms 'Internal Improvements,' or 'The + Development of the Country.' + + (4). The maintenance of postal and telegraph systems, which is very + similar in principle to (3). + + (5). The manufacture and distribution of gas, the maintenance of + water-works, &c. + + (6). Sanitation, including the regulation of trades for sanitary + purposes. + + (7). Education. + + (8). Care of the poor and incapable. (9). Care and cultivation of + forests and like matters, such as stocking of rivers with fish. + + (10). Sumptuary laws, such as 'prohibition' laws. + +Under this second head have been included by no means all of the +functions whose exercise by the government has been attempted or +proposed, but they show the principal ones, and serve to indicate the +nature of the optional field of governmental activity. + +[Footnote 1: Wilson, _The State_, Section 1232.] + + + +CHAPTER IV. + +Colonial Governments; Their Relation to Each Other, and to England. + + +To understand clearly the early history of our country; to appreciate +the reasons for the grievances of the colonists against their mother +country; and to gain an intelligent idea of the events of that most +critical period of our history, when the colonies, then free, were in +doubt as to the nature of the federal government they should adopt; +properly to understand all these facts, it is of essential importance +that we should gain a correct knowledge of the condition of the colonies +during those times, their relations to one another, their governmental +connection with and attitude towards England. + +The thirteen American colonies, which in 1775 dared defy the might of +Great Britain, and which in a stubborn struggle were able to win their +independence, were settled at various times, and by colonists actuated +by widely different motives. At the time of the beginning of their +resistance to the oppressive acts of their mother country, they were, in +their governments, entirely separate from and independent of each other. +"Though the colonies had a common origin, and owed a common allegiance +to England, and the inhabitants of each were British subjects, they had +no direct political connection with each other. Each in a limited sense, +was sovereign within its own territory.... The assembly of one province +could not make laws for another.... As colonists they were also excluded +from all connection with foreign states. They were known only as +dependencies. They followed the fate of their mother country both in +peace and war.... They could not form any treaty, even among themselves, +without the consent of England."[1] + +[Footnote 1: Story's _Commentaries on the Constitution_, Vol. I, p. +163.] + +All the colonies did not bear the same relation to the English +government. Owing to the different manner in which the right of +settlement, and occupancy of the soil had been obtained from the king, +the colonies had obtained different rights of government, and were +placed under different obligations to the crown. There came thus to be +three types of colonial governments; the provincial or royal, the +proprietary, and charter governments. + +_#I. Provincial Colonies.#_--Those colonies which possessed a provincial +form of government were royal colonies, being governed almost entirely +by England, as she governs many of her colonies to-day. At the head of +each was a Governor appointed by the King of England. He was assisted by +a council, also appointed by the king. The constitution and laws for +this form of government were contained in the commission and instruction +given to the Governor by the English government. By them the Governor +was empowered to summon a representative assembly. The legislative body +consisted, then, of the Governor, his council, appointed by the king, +and a lower house elected by the people. The Governor had the right of +veto, and the power to dissolve the assembly. The legislature could make +laws, provided they were not repugnant to the laws of England. These +laws were subject to the approval of the Crown. The governor, with the +advice of his council, could erect courts, appoint judges, levy forces, +etc. From the highest courts in all the colonies an appeal lay to the +English King in Council. + +_#II. Proprietary Colonies.#_--The English King often gave to +individuals large tracts of land in the New World. In addition to +ownership of the soil, was given in many cases the right to establish +civil government. These proprietors had all the inferior royalties and +subordinate powers of legislation. The proprietor could appoint or +dismiss the governor, he could invest him with the power to convene a +legislature, with power to veto its acts according to his wishes, and to +perform all other powers of a governor. All laws made, those of Maryland +excepted, were subject to the approval of the English Crown. + +_#III. Charter Colonies.#_--Colonies under this form of government were +so called from their possessing constitutions for their general +political government. These written constitutions were charters obtained +from the King, in which were granted to the people of the colony certain +privileges and rights of self-government which the English government +could not justly take away from them. One of the unjust acts that did +much to arouse the colonists to resistance, was the attempt of the +English government in 1774, to annul the charter of Massachusetts by the +Regulation Act. In this act was contained a precedent that (as Curtis +says) "justly alarmed the entire continent, and in its principle +affected all the colonies, since it assumed that none of them possessed +constitutional rights which could not be altered or taken away by an act +of Parliament." The charters were very liberal, granting almost entire +self-government. As in the royal colonies, the executive was a governor, +and the law-making branch a legislature of two houses. + +In Massachusetts the governor was appointed by the Crown, and had a veto +power. The Council or upper branch of the legislature was chosen +annually by the lower house, but the governor had a right of veto on +their choice. The lower house was elected by the people. In Connecticut +and Rhode Island the governor, council, together with the assembly were +chosen annually by popular vote, and all officers were appointed by +them. In these two the governor had no right of veto, and the laws +before going into execution did not require the royal approval. + +Seven of the original colonies began under proprietary governments--New +York, Pennsylvania, Delaware, North and South Carolina, Maryland and +New Jersey. Of these, four--New York, New Jersey, North and South +Carolina--became eventually provincial colonies, and Maryland was at one +time a proprietary. + +Three of the colonies, Massachusetts, Connecticut and Rhode Island, were +settled under charters that were never surrendered. Three others, +Virginia, Georgia and New Hampshire possessed charters for a while, but +eventually became royal colonies. + +Notwithstanding these diversities of government that have been pointed +out, there were many features common to all the colonies. All considered +themselves dependencies of the British Crown. All the colonists claimed +the enjoyment of the privileges and rights of British-born subjects, and +the benefit of the common law of England. The laws of all were required +to be not repugnant to, but, as nearly as possible, in conformity with +the laws of England. In all the colonies local legislatures existed, at +least one branch of which consisted of representatives chosen by the +people. + +The general condition of the colonies at the time of the outbreak of the +Revolutionary War, so far at least as concerns their governments, has +now been given. What were the grounds upon which the colonists justified +their resistance to the acts of English government? + +In the first place, they claimed that their rights were received from, +and their allegiance was due to the King, not to the Parliament. The +colonists said the King was the only tie that bound them to England; +that Parliament was composed of representatives from England alone, and +therefore had powers of legislation only for England. Later, however, it +was conceded that in matters of general interest to the whole United +Kingdom, Parliament might exercise control, but that concerning all +matters of domestic and internal interest, and of concern only to +themselves, it was the right of their own legislatures to legislate, and +that under this head came taxation. + +Says Story:[1] "Perhaps the best summary of the rights and liberties +asserted by all the colonies is contained in the celebrated declaration +drawn up by the Congress of nine colonies assembled at New York in +October, 1765 (Stamp Act Congress). That declaration asserted that the +colonists 'owe the same allegiance to the Crown of Great Britain that is +owing from his subjects born within the realm, and all due subordination +to that august body, the parliament of Great Britain,' That the +colonists 'are entitled to all the inherent rights and liberties of his +(the King's) natural born subjects within the kingdom of Great Britain. +That it is inseparably essential to the freedom of a people, and the +undoubted rights of Englishmen, that no taxes be imposed on them but +with their own consent given personally or by their representatives.' +That the 'people of the colonies are not, and from their local +circumstances cannot be represented in the House of Commons of Great +Britain. That the only representatives of these colonies are persons +chosen by themselves therein; and that no taxes ever have been or can be +constitutionally imposed upon them but by their respective legislatures, +and that trial by jury is the inherent and invaluable right of every +British subject in these colonies.'" + +[Footnote 1: _Commentaries_, Vol. I, p. 175.] + +In opposition to these views, the English government held that +Parliament had the authority to bind the colonies in all matters +whatsoever, and that there were no vested rights possessed by the +colonies, that could not be altered or annulled if Parliament so +desired. + +At the beginning of the Revolutionary War, complete independence was not +claimed by the colonies. It was not until July 4, 1776, that they were +driven to a declaration of full and entire independence and +self-government. By this declaration the colonies threw off their +colonial character, and assumed the position of states. This they did by +simply taking into their own hands the powers previously exercised by +the English King and Parliament. In the state constitutions which many +colonies formed during the year, their old colonial forms of government +were closely followed. Connecticut and Rhode Island, in fact, merely +declared their allegiance to England absolved, and retained unchanged +their old charters as their fundamental law. In Connecticut no other +state constitution was adopted until 1818, nor in Rhode Island until +1842. + + + +CHAPTER V. + +Steps Toward Union.--Articles of Confederation. + + +Previous to 1774 the thirteen English colonies in America had had no +political or governmental connection with each other. Any attempt on +their part to unite without the consent of the English King or +Parliament would have been considered an act beyond their powers and as +insubordination towards the English government. + +_#New England Confederation.#_--In 1643 there was formed a union of the +four colonies of Connecticut, New Hampshire, Plymouth, and Massachusetts +Bay, termed the "New England Confederation," which lasted forty years; +but this was merely a union for mutual protection against their common +foes, the French, the Dutch, and the Indians, and not for joint +legislation or government. It was a defensive alliance. + +_#The Albany Convention._#--(Franklin's Plan.) In 1754, however, there +was held a meeting of the colonies of New Hampshire, Massachusetts, +Rhode Island, Connecticut, New York, Pennsylvania, and Maryland, called +the "Albany Convention," in which was proposed a union of all the +colonies under one government. Benjamin Franklin, the chief promoter of +this scheme, drew up an elaborate constitution which was to be adopted. +According to this plan there was to be a chief executive, elected by the +king, and a council of 48 members, to be chosen by the legislatures of +the several colonies. This scheme failed to obtain either the consent of +the king or of the colonies themselves. It was too much of a union to +suit the king, and not enough for the colonies. _#The Stamp Act +Congress.#_--The indignation aroused by the attempt of England to tax +her colonies without allowing them a voice in the Parliament which +imposed such taxes, gave rise in 1765 to a meeting of delegates from +eight of the colonies. This assembly was called the "Stamp Act +Congress." The obnoxious Stamp Act was repealed, but England continued +to impose other taxes. + +_#First Continental Congress.#_--An invitation was sent out by Virginia +to all the colonies, calling a meeting of delegates to consider what +could be done by their united action to resist their common grievance. +Thus met the "First Continental Congress" in 1774, in which all the +colonies but Georgia were represented. This Congress adopted a +declaration of rights and grievances. The colonies maintained that as +long as they were unrepresented in the English legislature (Parliament), +taxes should be imposed only by their own legislatures; also, that they +were entitled to the rights, liberties, and immunities of free, +natural-born subjects within the realm of England. + +_#The Second Continental Congress.#_--On May 10, 1775, assembled the +Second Continental Congress, in which all the thirteen colonies were +represented. The battle of Lexington had then been fought, and blood had +been shed. Though the colonies had as yet no intention of throwing off +all connection with England, they were now prepared to resist with arms +any invasion of their rights. The work performed by this body has been +concisely and forcibly stated by Schouler.[1] He says: "Thus originated +that remarkable body known as the Continental Congress, which, with its +periodical sessions and frequent changes of membership, bore for fifteen +years the symbols of Federal power in America; which, as a single house +of deputies acting by Colonies or States, and blending with legislative +authority, imperfect executive and judicial functions, raised armies, +laid taxes, contracted a common debt, negotiated foreign treaties, made +war and peace; which, in the name and with the assumed warrant of the +thirteen colonies, declared their independence of Great Britain, and by +God's blessing accomplished it; which, having framed and promulgated a +plan of general confederation, persuaded these same thirteen republics +to adopt it, each making a sacrifice of its sovereignty for the sake of +establishing a perpetual league, to be known as the United States of +America, a league preserved until in the fullness of time came a more +perfect Union." + +[Footnote 1: _Hist. U.S._, Vol. I, p. 13.] + +The acts of this Congress were the _first legislative acts by the joint +action of the colonies_. + +The Second Continental Congress was essentially a revolutionary body. +That is to say, the authority for its acts rested upon no definite grant +of powers by the colonies, but was assumed by it to meet the crisis of +war. Properly speaking, it could hardly be called a government. It was +more in the nature of a directing advisory committee. Its commands +possessed a recommendatory character only, and it was entirely without +executive officers, or legal control over either individuals or the +colonies. + +_#The Articles of Confederation.#_--A stronger central power than that +afforded by the Continental Congress was seen to be a necessity. +Accordingly, in 1777, there was drawn up a scheme of union embraced in a +paper termed "The Articles of Confederation." These articles, though +adopted as early as 1777, did not go into effect until 1781, the +provision being that they should not be considered as in force until +ratified by _all_ the colonies, and several refused to ratify until all +state claims to western territory were relinquished in favor of the +National Government. + +_#Elements Tending to Separation and Those Tending to Union.#_--We must +remember that this was a union of thirteen previously separate colonies. +The facts which had tended to keep them apart had been the difficulty of +travel and communication between the colonies, the lack of commercial +intercourse, but more than all, their local jealousies. The small States +feared the larger; commercial jealousies were very keen. In 1756 Georgia +and South Carolina actually came to blows over a dispute as to the +navigation of the Savannah river. Other disputes about boundaries were +frequent. Colonies with good harbors and seaports desired to keep the +benefits of them exclusively to themselves. At that time, too, the +people of the thirteen colonies were far more widely separated in their +forms of government, their industrial habits and social customs than +they now are. On the other hand, the old facts which tended to urge on a +common union between them were common race, language, and nationality, +many similar political institutions, and, most of all, common interests +and a common peril. + +_#The Purposes of the Confederation.#_--The purposes of this +Confederation are best stated by giving Article III of the Articles: + +"The said States hereby severally enter into a firm league of friendship +with each other for their common defense and 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 pretext +whatever." + +_#Scheme of Government under the Articles of Confederation.#_--The +Articles of Confederation established a framework of government for the +confederated colonies, which government was to control those matters +that experience had shown could be executed only by united action. As a +scheme of government it was no better than a makeshift. It was an effort +to form a federal power without diminishing the powers of the States--an +effort "to pare off slices of state government without diminishing the +loaf." That such a union could be perpetual, as the scheme professed, +was impossible. + +Under these Articles of Confederation the sole functions of the federal +authority, legislative, executive, and judicial, were vested in a +Continental Congress, consisting of a single house of delegates, who +voted by States, and were appointed annually in such a manner as the +respective States directed. Each State was entitled to not less than two +nor more than seven delegates, a majority of whom decided the vote of +the State in question. The executive functions were largely performed by +a Committee of States, which was empowered to sit during recesses. For +all important measures the vote of every State was required. The vote of +all thirteen was required for an amendment. + +_#Defects of the Articles of Confederation.#_--In this scheme of union +there were many fatal defects. The principal of these defects were-- + +1. The want of some compulsory means of enforcing obedience to the acts +of Congress. The articles provided neither an executive power nor a +national judiciary worth mentioning. As one writer has said: "Congress +could declare everything, but do nothing." A single colony could with +impunity disregard any decree of the Congress. + +2. The large vote required to pass all important measures. + +3. The absence of the right to regulate foreign commerce, and make +duties uniform, and to collect those duties. This defect, as we shall +find, was one of the most vital, and more than any thing else decreed +the failure of the practical working of the Confederation, and showed +the necessity of a better and stronger National government. + +4. The virtual impossibility of amendment. Since a unanimous vote was +required, the selfish interest of one State could, and did, stand in the +way of an amendment beneficial and necessary to the other twelve. + +5. There was no power to enforce treaties. Foreign countries recognized +this, and therefore refused to enter into any treaties with us. +Washington said: "We are one nation to-day, and thirteen to-morrow. Who +will treat with us on such terms." + +England refused to carry out the conditions of the treaty of 1783, and +continued to keep troops on our Western borders. + +6. The central authority had insufficient power to control disputes +arising between the States. + +7. The lack of a Federal judiciary. + +8. Lack of power to collect taxes, or to raise revenue to defray even +the ordinary expenses of government. This was the most striking and +important defect of them all. The whole power given to Congress under +this head was the power "to ascertain the sum necessary to be raised for +the service of the United States, and apportion the rate or proportion +on each State." The collection of such taxes was left to the States +themselves, and if they refused (as they frequently did) the Federal +Government had no power to compel them. + +Our present better government was "wrung from the grinding necessities +of a reluctant people." + +_#Adoption of the Constitution.#_--Actual hostilities ceased in 1781. In +1783 peace with England was declared, and the independence of the +colonies was achieved. The war left the American people with an empty +treasury, and a country drained of its wealth and impoverished by the +exhaustive struggle. It left us with a large national debt, both to our +own citizens and friends abroad, and most of all, left us with an army +of unpaid patriotic soldiers. And no sooner had foreign danger been +removed than domestic troubles arose which filled all with gloomy +forebodings for the future. With the loss of that cohesive principle +which common danger supplied them, the colonies now began to fall apart. +Even during the progress of the war the weakness of the Union had shown +itself. Washington unhesitatingly declared that it was the lack of +sufficient central authority that caused the prolongation of the war. +One instance will show how weak was the Federal authority. During the +summer of 1783, when Congress was at Philadelphia, some eighty deserters +from the army so threatened Congress as to force a removal of our +Federal capital from that place to Princeton. The Continental finances +were in a deplorable condition. Congress could not even collect +sufficient taxes for the payment of the interest on the public debt. The +States could, and often did, refuse to pay their proportion of taxes +imposed upon them by Congress. Congress made a last attempt, in 1785, to +raise a revenue by a tax on imported goods, but this measure failed, New +York refusing to ratify. Congress, indeed, did not collect one-fourth of +her demands. Commerce was going to ruin. England refused to allow our +country the rich trade with the West Indies. To these troubles were +added the mutual jealousies and selfishness of the States. Each of them +tried to attract commerce to itself, and passed laws hurtful to the +other States. + +The people in Massachusetts were in insurrection. The French minister +wrote to his country: "There is now no general government in America--no +head, no Congress, no administrative departments." + +For all these evils the limited and imperfect powers conferred upon the +Federal Government by the articles of Confederation afforded no adequate +remedy. Even the Constitutional Congress was now in danger of breaking +up. States, to save expense, neglected to send delegates, and repeated +appeals had to be made to get representation from nine States so as to +pass important measures. A better union was seen by all thoughtful +citizens to be necessary, but very difficult to obtain, owing to +inter-state differences. The idea of having a convention separate from +the Congress, whose work should be the framing of a stronger government, +gradually gained ground. + +The Constitutional Convention was obtained in a roundabout way, and only +after repeated failures. The first attempt to obtain an assembly of +representatives was made at Annapolis, Maryland. Only five States sent +representatives, and the convention accordingly adjourned to +Philadelphia, where in May, 1778, delegates from all the States, except +Rhode Island, finally assembled. + + + +CHAPTER VI. + +Adoption of the Constitution. + + +_#The Constitutional Convention.#_--Fifty-five delegates were present. +With scarcely an exception they were all clearheaded, able, and moderate +men. Virginia sent Washington, Madison, Edmund Randolph; Pennsylvania +sent Benjamin Franklin, Robert Morris, and James Wilson; New York sent +Alexander Hamilton; New Jersey, Patterson; and South Carolina, the two +Pinckneys. Washington was chosen President of the Convention. Two rules +were adopted: 1st, proceedings were to be secret, and 2d, one vote was +to be given to each State, thus making it of no importance whether a +State had a large or small delegation. + +Though the delegates had thus assembled to form a better and new union, +they differed widely in their views as to what changes were necessary, +and as to what powers should be given to the Federal Government, and +what retained by the States. Some desired merely a change of the +existing Articles of Confederation, more power being granted, however, +to the Federal Government; while others wished for an entirely new +Constitution. + +The convention at once divided into two parties. The one representing +the small States, such as New Jersey and Delaware; and the other, the +larger States, such as Virginia, New York and Massachusetts. The plan +brought forward by the party of the large States was that presented to +the convention by Edmund Randolph, of Virginia, and generally known as +the National or Large State Plan. This plan proposed a congress of two +houses, having power to legislate on all National matters, and to compel +obedience on the part of the States. Representation in both houses was +to be based on population, thus giving to the larger, and more populous, +States the control of both branches of the legislature; and, also, since +by this scheme the president, executive officers, and judges were to be +appointed by Congress, control of the whole administration of the new +government. + +On behalf of the small States, Patterson, of New Jersey, introduced what +is called the New Jersey plan. By this plan the old Federal Congress was +to be continued with its single house of legislature, and equal State +vote. + +The great point upon which the two plans differed, was as to how +representation in the legislature should be apportioned among the +States; whether it should be according to population, and with two +houses, or whether there should be but one house, in which each State +should have an equal vote. The question was settled by a compromise. It +was agreed that there should be a legislature of two houses, a Senate or +upper and less numerous branch; and the House of Representatives, the +popular and more numerous lower branch. In the Senate each State was to +have an equal representation, thus putting the large and small States on +an equal footing. On the other hand, in the House of Representatives +representation was to be according to population, thus favoring the +larger States. + +Another point upon which the convention differed was concerning the +slave trade; whether it should, or should not, be allowed to continue. +This question was also compromised, it being agreed to permit its +continuance for twenty years (until 1808), after which all importation +of slaves might be prohibited. + +Yet another point in dispute was whether the slaves should, or should +not, be counted in estimating the population of the States, in order to +determine the number of representatives to which each State should be +entitled. This likewise was compromised. It was agreed that five slaves +should be counted equivalent to three white men. + +These three main points being settled by compromises, other parts of the +government, such as a single chief executive, a Federal judiciary, and +the decision as to what powers should be given to the President, what to +the Senate, and what to the House, were more easily arranged, and the +convention adjourned September 17, 1787, having been in session a little +over four months. Thus was prepared the Constitution under which we are +now living--an achievement declared by Guizot to be the greatest work of +its kind, and by Gladstone to be the greatest work ever struck out at +one time by the hand of man. + +The Constitution having been agreed to in convention, it was now +submitted to the vote of each of the colonies for acceptance. It was +decided in this convention that it should be considered as ratified, and +should go into effect as soon as accepted by nine of the thirteen +States. + +The adoption or rejection of the Constitution now became a question +which claimed the entire attention of the States, and it is during this +contest that we find the origin of the first political parties in the +United States. Those favoring the adoption of the Constitution were +called "Federalists" and those opposing it "Anti-Federalists." + +_#Arguments For and Against Adoption.#_--The Federalist party was +composed of those men who were desirous of a strong central government, +and for this reason favored the Constitution. This party was especially +strong in New England, largely because New England, being the commercial +part of the colonies, had had the lamentable weakness of the old +confederation brought home to them the more forcibly by the +disorganization and loss of commerce which the Continental Congress had +been unable to regulate. + +The Anti-Federalists were those who wished the State governments to be +kept strong, and that there should be a comparatively weak central +government. + +The argument used by the Federalists for the adoption of the +Constitution was, that only by correcting all those defects of the +Confederation which have been pointed out, could order and prosperity be +restored to the country. They said that the Constitution, being a series +of compromises, could not please everyone in all respects, but that it +was the best that could be obtained under the circumstances. Their +arguments appeared in a remarkable collection of eighty-five essays, +called the "Federalist," written by Alexander Hamilton in company with +John Jay and James Madison. In these were explained all the points of +the Constitution, and to this day they remain the best exposition of the +Constitution ever written. + +The objections raised by the Anti-Federalists were many. In the first +place, it was of course objected that it gave to the central government +too much power; that state government and State liberty would be crushed +out. The State was then as dear to the citizen as is the National +Government to us to-day. Patriotism was then devotion to the State. The +colonists had suffered so much from control over their state governments +by an outside strong government, that they were fearful of again putting +themselves under a strong national government though of their own +making. In warning terms it was declared it would be a government +founded upon the destruction of the governments of the several States. +They said, "Congress may monopolize every source of revenue, and thus +indirectly demolish the State governments, for without funds they cannot +exist." These elements of State love and jealousy of the Federal power +are of the utmost importance in studying our history. We see them +running through all our life as the main causes of division between +political parties. (See later chapter on "Introduction to History of +Political Parties.") + +Another objection was, that the Constitution contained no definite "bill +of rights" recognizing and guaranteeing fundamental personal liberties, +such as freedom of speech, liberty of the press, assurance against +unjust arrest, the right to bear arms, and trial by jury in civil cases, +etc. This class of objections was satisfied by the adoption of the first +ten constitutional amendments. It was also claimed by those opposed to +the ratification, that inasmuch as the Constitution placed no limit to +the number of terms which a President might serve, one man might become +so powerful as to obtain a life-tenure of office, and thus the +government would degenerate into a monarchy. To show how exaggerated +were the fears during this critical period of our history, we have the +report that it was actually claimed and believed by many at that time +that the Federalists had the secret intention of inviting over to our +country some European prince who should rule as king. Patrick Henry +cried, "We shall have a king; the army will salute him monarch." Though +not fixed by the Constitution, it has been since the time of Washington +the invariable rule that no man shall be elected for more than two +terms. The friends of President Grant attempted to have him nominated +for a third time, but so strong was this prejudice that, popular as he +was at that time, the plan failed. + +For nine months the struggle was wagered fiercely in the States, but the +Federalists prevailed. In June, 1788, the ninth State ratified, and +adoption was assured. Congress fixed the first Wednesday in January for +the election of presidential electors, the first Wednesday in February +for the meeting of the electors and election of the President, and the +first Wednesday in March, 1789, for the inauguration of the President +and the beginning of the new government. This last date fell upon the +4th of March, which date has from that time served as the day for the +inauguration of our presidents. Owing to a delay in the assembling of +the new Congress, Washington was not inaugurated, nor our present +government instituted, until April 30, 1789. + +Thus was founded our present government, which has stood the test of a +century. When adopted there were thirteen States; now there are +forty-four. The inhabited area was then the narrow strip between the +Atlantic Ocean and the Allegheny Mountains, with a population of +scarcely 3,000,000. Now the United States stretches 3,000 miles from +ocean to ocean, and contains a population of over sixty millions. + + + +CHAPTER VII. + +Presidential Succession. + + +The provisions of the Constitution regarding the Presidential +succession, in case of the death or resignation of both President and +Vice-President, are: "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 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." (Article II, section 6.) + +In pursuance of the power thus granted to it in the last half of this +section, Congress in 1792 passed an act declaring that in case of the +death, resignation, etc., of both the President and Vice-President, the +succession should be first to the President of the Senate and then to +the Speaker of the House. + +This order was changed by the act of 1886, which provided that the +succession to the presidency should be as follows: + + 1. President. + 2. Vice-President. + 3. Secretary of State. + 4. Secretary of the Treasury. + 5. Secretary of War. + 6. Attorney-General. + 7. Postmaster-General. + 8. Secretary of the Navy. + 9. Secretary of the Interior. + +In all cases the remainder of the four-years' term shall be served out. +This act also regulated the counting of the votes of the electors by +Congress, and the determination of who were legally chosen electors. + +Note.--The Constitution made no provision in case of a contested +election, or when no one should be elected. Such a contingency seemed to +have been overlooked in the framing of the Constitution. + + + +CHAPTER VIII. + +Election of Senators. + + +The provisions of the Constitution regarding the election of senators +were as follows: "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." (Article I, section 3, +paragraph 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." +(Article I, section 4, paragraph 1.) + +Until 1866 this matter was left entirely to the States, as permitted by +the section of the Constitution just given. In that year an act was +passed by the Federal Congress regulating the election of senators by +the State Legislatures. By it was provided that the Legislature of each +State, which is chosen next preceding the expiration of the term of +either of their senators, shall on the second Tuesday after assembling +elect a senator in the following manner: Each House shall by open ballot +(_viva voce_) choose some man for senator, and he who receives a +majority of the total number of votes cast in such House is entered on +the journal of that House. At noon on the following day the members of +the two Houses convene in joint assembly, and the journal of each House +is then read, and if the same person has received a majority of the +votes of each House he is declared duly elected senator. But if not, the +joint assembly then proceeds to choose by a _viva voce_ vote of each +member present, a person for senator, and the person who receives a +majority of all the votes of the joint assembly--a majority of all the +members elected to both Houses being present and voting--is declared +duly elected. If no person receives such a majority on the first day, +the joint assembly meets at noon on each succeeding day during the +session of the Legislature, and takes at least one vote until a senator +is elected. In case of a vacancy occurring in the Senate during the +recess of the State Legislature, the governor appoints a man to fill the +place, his appointee holding until a successor shall be chosen in the +above method by the State Legislature. + +In the House, when vacancies happen in the representation from any +State, the Governor issues an order for a new election in the +congressional districts in which such vacancies occur. The +representatives thus elected hold office for the unexpired terms of +their predecessors. + + + +CHAPTER IX. + +Congressional Government. + + +The Constitution created Congress and conferred upon it powers of +legislation for national purposes, but made no provision as to the +method by which these powers should be exercised. In consequence +Congress has itself developed a method of transacting its business by +means of committees. + +The Federal Legislature consists of two Houses--the Senate, or Upper and +less numerous branch, and the House of Representatives, or the Lower and +more numerous popular branch. + +The Senate is composed of two members from each State elected by the +state legislatures for a term of six years, one-third of whom retire +every two years. The presiding officer is the Vice-President. Early in +each session, the Senate chooses a President _pro tempore_, so as to +provide for any absence of the Vice-President, whether caused by death, +sickness, or for other reasons. + +The House of Representatives is at present composed of 332 members and +four delegates from the Territories. These delegates, however, have no +vote, though they may speak. The House is presided over by a speaker, +elected at the beginning of each session. A quorum for business is, in +either House, a majority. + +Congress meets every year in the beginning of December. Each Congress +lasts two years and holds two sessions--a long and a short session. The +long session lasts from December to midsummer. The short session lasts +from December, when Congress meets again, until the 4th of March. The +term of office then expires for all the members of the House, and for +one-third of the Senators. The long session ends in even years (1880 and +1882, etc.), and the short session in odd years (1881 and 1883). Extra +sessions may be called by the President for urgent business. + +In the early part of the November preceding the end of the short session +of Congress, occurs the election of Representatives. Congressmen then +elected do not take their seats until thirteen months later, that is, at +the reassembling of Congress in December of the year following, unless +an extra session is called. The Senate frequently holds secret, or, as +they are called, executive sessions, for the consideration of treaties +and nominations of the President, in which the House of Representatives +has no voice. It is then said to sit with closed doors. + +An immense amount of business must necessarily be transacted by a +Congress that legislates for nearly sixty-three millions of people, +inhabiting a territory of over three and a half millions of square +miles. + +Lack of time, of course, prevents a consideration of each bill +separately by the whole legislature. To provide a means by which each +subject may receive investigation and consideration, a plan is used by +which the members of both branches of Congress are divided into +committees. Each committee busies itself with a certain class of +business, and bills when introduced are referred to this or that +committee for consideration, according to the subjects to which the +bills relate. Thus, for example, affairs relating to Washington are +handed over to what is known as the District Committee, a regular +appropriation bill to the Committee on Appropriations, etc. These +committees consider these bills carefully, frequently taking the +testimony of outside persons to discover the advisability of each bill. +The regular course through which a bill has to go before becoming an +act--_i.e._, to pass both houses and receive the signature of the +President--is as follows: On Mondays there is a roll-call of the States, +and members may then introduce in the House or Senate any bill they may +desire. These bills are then referred by the presiding officer to +appropriate committees. These committees, meeting in their own separate +rooms, debate, investigate, and, if necessary, as has been said, ask the +opinion of outside persons. After such consideration bills are reported +back to the House or Senate. But very few bills reach this stage, for +the committee does not get time to report any save the more important +ones, and thus the majority of them disappear, or, as the saying is, +"are killed in committee." If a bill receives the approval of the +committee it is favorably reported to the Senate or House, as the case +may be--_i.e._, the bill is returned, accompanied by a report advising +the passage of the accompanying bill. If the bill is not approved by the +committee, an unfavorable report is made; bills are seldom passed after +such an adverse report. These reports which accompany the bills, are +printed, often at great length, giving reasons for the proposed action +in regard to the bills. When reported by the committee back to the house +in which it was introduced, a bill is voted upon, and, if passed, is +sent to the other branch. If passed there, it is ready for the +President's signature; if vetoed, the bill is lost, unless passed over +the veto by a two-thirds vote of both houses. But frequently one house, +while not wishing to defeat a measure sent to it from the other house, +may desire to change it by some amendment. If this is done, the bill, as +amended, is sent back to the house from which it came, and if then +agreed to as amended by it, it is sent to the President for his +approval. Thus by repeated amendments it may pass to and fro between the +House and Senate several, times. In the House of Representatives, many +bills are passed through all their various stages by a single vote, by +what is known as a "suspension of the rules," which may be ordered by a +two-thirds vote. + +The Senate is now divided into between fifty and sixty committees, but +the number varies from session to session. The principal committees are +those on (1) Foreign Relations, (2) Privileges and Elections, (3) +Judiciary, (4) Commerce, (5) Finance, and (6) Appropriations. The Senate +selects the members for the different committees by ballot, though it is +pretty well determined beforehand how each committee shall be +constituted by means of party caucuses (informal meetings of members of +the same party to determine upon lines of action that will be supported +by all). A committee is always composed of an odd number of members, and +both political parties are always represented on every committee, though +the majority is, in almost all cases, from that party which has the +majority of the members of the Senate. + +The House of Representatives is organized into sixty committees, +ranging, in their number of members, from thirteen down. As regards +party representation, their constitution is similar to that of the +Senate Committees. The Committee of "Ways and Means," which regulates +customs duties and excise taxes, is by far the most important. + +Other important committees are those on (1) Elections, (2) +Appropriations, (3) Judiciary, (4) Foreign Affairs, (5) Manufactures, +(6) Commerce, (7) Labor. Every Representative is on one committee, and +most of them on several. Unlike the custom in the Senate, in the House +the presiding officer has the sole power of appointment, which makes +him, next to the President, the most important and powerful government +official. The chairman of each committee has, of course, a large power +over affairs with which his committee is concerned, and for this reason +it is often said that it is the chairmen of these committees who rule +the land. + +The precise amount of effective work done by Congress during the two +sessions of the Fiftieth Congress was as follows: There were 4,000 bills +introduced in the Senate and 145 Senate joint resolutions: of this +number 1,127 bills and joint resolutions passed the Senate, and 554 were +either postponed indefinitely or referred to the Court of Claims, so +that the total number on which final action was taken by the Senate was +1,681. The committee on enrolled bills examined 667 Senate bills and +joint resolutions and sent them to the President and 591 became laws, +the number of vetoes, including "pocket vetoes," being 76. + +The House of Representatives passed 1,561 House bills and sent them to +the Senate, and the Senate passed 1,347 of them, leaving 214 to perish. +The House passed 56 House joint resolutions and the Senate passed all of +them but eight. The House passed, therefore, 2,284 House and Senate +bills, and the Senate passed 2,522. + +The first session of the Fifty-first Congress (1889-90) was, with one +exception, the longest ever held.[1] During the session there were +introduced in the House 12,402 bills and joint resolutions, and in the +Senate 4,570, making a total of 16,972. The total number of acts passed +was 1,335 as against 1,790 for _both_ sessions of the Fiftieth Congress. +Of these 881 were pension bills. + +[Footnote 1: The longest session was the long session of the Fiftieth +Congress.] + +Congress ordinarily assembles at noon, and remains in session until 4 or +5 p.m., though towards the end of the term it frequently remains in +session until late in the night. The first thing upon assembling in the +morning is prayer. On Mondays, as stated, there is next a roll-call of +States for the introduction of bills. Sometimes a committee is +instructed to prepare and bring in a bill of its own, without waiting to +have one introduced and referred to it. Reports from committees are +heard during morning hours on Tuesdays, Wednesdays, and Fridays, and on +Mondays after the introduction of bills. Friday is a day usually set +apart for the consideration of private measures. On Saturdays Congress +seldom sits. + +There is still one feature of Congressional government which needs +explanation, and that is the caucus. A caucus is the meeting of the +members of one party in private, for the discussion of the attitude and +line of policy which members of that party are to take on questions +which are expected to arise in the legislative halls. + +Thus, in Senate caucus, is decided who shall be members of the various +committees. In these meetings is frequently discussed whether or not the +whole party shall vote for or against this or that important bill, and +thus its fate is decided before it has even come up for debate in +Congress. + + + +CHAPTER X. + +The Cabinet and Executive Departments. + + +We have seen that the functions of government are divided into three +distinct classes, the legislative, the judicial, and the executive. The +Constitution provides as to the methods for the exercise of the first +two, but none for the third. The only reference in the constitution to +executive departments is in Art. II, Sec. 2, where the President is +given the power to require the opinion in writing of the principal +officer in each executive department upon any subject relating to the +duties of his office. The departments have in each case been created by +an act of Congress and from time to time as convenience has demanded. + +The duties of the executive are to enforce and apply the laws of the +nation after they are made by the legislature and interpreted by the +courts. This is the real business of government, by which the laws are +put into effect, and the work of government is actually carried on. In +the United States Government this power is placed in the hands of a body +of men distinct from the legislative and judicial officers. At the head +is the President, and hence his title of "Chief Executive." It is +evident that he must divide up the vast amount of work to be done, and +delegate it to others. Congress directs how this shall be done. For this +purpose Congress has created nine executive departments (1)State, +(2)Treasury, (3)War, (4)Navy, (5)Interior, (6)Post Office, (7)Justice, +(8)Agriculture, (9)Labor. + +These departments have been created as required by the growth of +government duties. Three departments, the State, Treasury and War, were +created by the first Congress, in 1789. By the same Congress was created +the office of Attorney-General of the United States, who, together with +the Secretaries of the three departments, constituted President +Washington's first cabinet. The Navy Department was added in 1798. Prior +to that date, naval affairs had been managed by the War Department. A +Post Office for the colonies was established by the Postal Act of Queen +Anne's reign. The Post Office Department under the present government +was established in 1789, but the Postmaster-General did not become a +Cabinet officer until 1829. The Interior Department was created in 1849 +by grouping together in one department several branches of the +government service, which had formerly been distributed among the other +departments. As early as 1839 the Patent Office, under the Interior +Department, was intrusted with various duties concerning the +agricultural interests of the country, among the chief of which was the +distribution of seeds. In 1862 a separate Department of Agriculture was +established, and these duties transferred to it. In 1889 the head of the +Department became Secretary of the Department of Agriculture and a +Cabinet officer. A Bureau of Labor under the Interior Department was +created in 1884. In 1888 Congress constituted it a separate department, +but did not make its head a Secretary, and therefore not a Cabinet +officer. + +The heads of the first eight of these departments together form a +council of eight, called the "Cabinet," whose duty it is, in addition to +the management of the departments, to advise the President on matters of +importance. For this purpose regular meetings are held, at which the +affairs of government are discussed, and lines of action decided upon. +The cabinet is neither the creation of the constitution, nor strictly of +law. The existence of a cabinet, however, was always taken for granted +in the discussion and formation of the constitution. It is a creation of +custom and has no powers other than of advice and counsel to the +President. The growth of executive and administrative business is not +fully indicated by the increase in the number of departments. The growth +within each department has been much greater. Separate bureaus and +divisions have been created, which in some cases are, for all practical +purposes, as independent and important as the departments themselves. + +The organization of all the different departments is much the same. At +the head of each is an officer appointed by the President, the President +thus having control generally over the whole executive business of the +government. These officers are called Secretaries, except in the cases +of the Post Office Department, whose head is the Postmaster-General, and +of the Department of Justice, whose head is the Attorney-General. In a +number of the Departments there are also one, two, three or four +assistant secretaries, according as the business of the departments +requires. For convenience in the despatch of business, the departments +are divided into bureaus, the bureaus into divisions, and the divisions +into rooms, until, finally, the individual workers--the clerks--are +readied. Each bureau and division has at its head an officer called +Commissioner and Chief of Division, respectively. Each department and +bureau, and, in some cases, the division also, has a Chief Clerk who has +charge of the details of the administration, and immediate oversight +over the clerks.[1] All work in one finely organized system. The clerk +is responsible to his chief of division, the chief of division to his +commissioner, the commissioner to the Secretary and he, finally, to +Congress. Each man has his particular place in the system, and no one +works at random.[2] + +[Footnote 1: There are a number of officials and clerks who properly +belong to no division or bureau, as, for instance, the librarian's +private secretary and other clerical assistance in the Secretary's +office, who are under his immediate supervision.] + +[Footnote 2: This system is not always carried out perfectly in +practice. In some cases an officer is termed commissioner who is more +properly a chief of division, and _vice versa_. In other cases the title +of commissioner or chief of division is represented by a more technical +designation as Director of the U.S. Geological Survey, Comptroller of +the Currency, etc.] The President and heads of departments appoint all +officers in the executive departments. It is manifestly impossible for +them to base their appointments upon personal knowledge. Hence has +arisen the custom of filling almost all offices not controlled by the +Civil Service Commission upon the recommendation of congressmen, each of +whom controls for the most part the patronage of his own district. Only +the Secretaries, Assistant Secretaries, Commissioners, and other chief +officials are really appointees of the President on his own +responsibility. + +Prior to the first administration of Jackson the positions of government +clerks in the departments were permanent. In 1828 Jackson inaugurated +the so-called spoils system, which means that to the victor belongs the +spoils. Only 74 removals had been made from 1789 to 1828. Jackson +removed during the first year of his administration 2,000 clerks. Since +then, until 1883, each party, on gaining control of the government, has +removed almost all the clerks in office who were of the opposite +political faith, replacing them with members of its own party. In 1883 +was passed the Civil Service Act, by which it is provided that all +future appointments of subordinate clerks in the executive departments +are to be made only from those who have passed successfully an +examination set by the Civil Service Commission created by the act. + +_#The State Department.#_--The Department of State was the first +department established. (Act of July 27, 1789.) There are three +Assistant Secretaries. Their salaries are, Secretary $8,000, First +Assistant $4,000, and the other two $3,500. The department is divided +into seven bureaus, (1) Diplomatic, (2) Consular, (3) Archives and +Indexes, (4) Accounts, (5) Statistics, (6) Rolls and Library, and (7) +Claims. + +The Secretary of State is charged, under the direction of the President, +with the duties appertaining to correspondence with the public ministers +and consuls of the United States, and with the representatives of +foreign powers accredited to the United States; and to negotiations of +whatever character relating to the foreign affairs of the United +States. He is also the medium of correspondence between the President +and the chief executive of the several States of the United States; he +has the custody of the great seal of the United States, and countersigns +and affixes such seal to all executive proclamations, to various +commissions, and to warrants for pardon, and the extradition of +fugitives from justice. He is regarded as the first in rank among the +members of the Cabinet. He is also the custodian of the treaties made +with foreign states, and of the laws of the United States. He grants and +issues passports. Exequaturs to foreign consuls in the United States are +issued through his office. He publishes the laws and resolutions of +Congress, amendments to the Constitution, and proclamations declaring +the admission of new States into the Union. He is also charged with +certain annual reports to Congress relating to commercial information +received from diplomatic and consular officers of the United States. + +The patronage of the Secretary at Washington is small, about sixty +clerks, but that which concerns the diplomatic and consular service is +important. To facilitate communications and negotiations with foreign +nations, and to protect the interests of American citizens in foreign +countries, the United States, in common with all civilized nations, has +an elaborate system of representatives residing at the capitals of all +the principal nations. This system is called the diplomatic service, and +is under the charge of a separate bureau of the State Department. +Communications and negotiations with foreign powers are generally +carried on through them or through ministers of other nations stationed +at Washington. These agents are called ministers and are of three grades +(1) envoys extraordinary and ministers plenipotentiary, (2) ministers +resident, (3) _chargés d'affaires_. These grades correspond to the lower +grades of similar services in European countries. We have no grade +corresponding to that of ambassador. The United States has ministers in +about thirty-three countries. The chief legations are those of Great +Britain, France, Germany and Russia. The salary attached to each of +these legations is $17,500. The social demands upon ministers are great, +and, as a rule, the expenses of ministers have been more than their +salaries. Ministers of foreign powers receive a much larger compensation +than do ours. + +To protect our commercial interests abroad, and our seamen and vessels +in foreign ports, the United States has agents resident in all foreign +sea-ports of any prominence. Their duties are numerous. They ship +seamen, certify invoices, take testimony, examine emigrants, etc. They +transmit to the State Department monthly reports concerning any matter +of commercial or social interest occurring at their stations. These +reports are published monthly by the department and have a wide +gratuitous circulation. This system is called the consular service; and +is also under the charge of a separate bureau. These agents, called +consuls, are of three ranks and titles; (1) consul-generals, (2) +consuls, (3) consular agents, of whom 180 are salaried, the rest being +paid by fees. The names of the other bureaus indicate the nature of the +duties performed by each. + +The Department of State has been prominently before the people during +the last two years in consequence of the Pan-American Congress,[1] +composed of representatives from all American nations. This congress met +in 1889, under the auspices of the State Department at Washington, to +consider subjects of common interest, such as international arbitration, +railroad and steamship communication, uniform money and commercial +regulations. Various standing committees and commissions were provided +for; and it is believed that through their efforts better commercial and +social relations with the South American Republics will be established. +The International Marine Conference, composed of representatives from +all marine powers, likewise met at Washington under the auspices of the +same department, and adopted a code of marine regulations for the +guidance of all nations. + +[Footnote 1: The Proceedings of the Pan American Congress were published +by the Department of State, and also in the _Tribune Monthly_ for +September, 1890. Articles upon the subject _lay_ Mr. Romero, the Mexican +Minister, appeared in the _North American Review_, September and +October, 1890.] + +In foreign relations the department has been chiefly +occupied of late in the attempted settlement of the right of the English +and Canadians to capture seals in Bering's Sea and Straits, and of the +rights of American and English fishermen[1] in the fishing grounds off +the coast of New Foundland; in the conclusion of a new extradition[2] +treaty with England, and of various treaties concerning trade with other +nations. + +[Footnote 1: See _Tribune Monthly_ entitled "Our Continent, or America +for the Americans."] + +[Footnote 2: An excellent monograph upon the subject of Extradition, by +Hon. J.B. Moore, has been published by the State Department.] + +_#The Treasury Department.#_--This department was created by act of +September 2, 1789. There are two assistant secretaries. The department +is divided into a large number of divisions, with the following chief +officers: (1) The Comptrollers, (2) the Auditors, (3) Treasurer, (4) +Register, (5) Commissioner of Customs, (6) Commissioner of Internal +Revenue, (7) Comptroller of the Currency, (8) Chief of the Bureau of +Statistics, (9) Superintendent of the Bureau of Engraving and Printing, +(10) Director of the Mint, (11) Superintendent of the Life Saving +Service, (12) Supervising-Surgeon-General of the Marine Hospital +Service, (13) Supervising-Inspector-General of Steam Vessels. Other +officers are, the Supervising Architect, Commissioner of Navigation, +Solicitor of the Treasury, and Chairman of the Light House Board. + +The mention of the various divisions indicates the importance and +variety of the duties coming under this department. The Secretary is +charged with the entire management of the national finances. He submits +annually to Congress estimates of the probable revenues and +disbursements of the Government, prepares plans for the improvement of +the revenue and for the support of the public credit, and superintends +the collection of the revenue. Two comptrollers pass upon all claims +against the government and accounts received from the auditors. Six +auditors examine and adjust accounts relating to the expenditures of the +various branches of the government. + +The Treasurer of the United States receives and keeps its moneys, +disburses them on the Secretary's warrants, and manages the Independent +Treasury System. The Independent or Sub-Treasury System was adopted by +Congress in 1846. By this means the Treasury Department is independent +of the banking system of the country; but has established sub-treasuries +in the principal cities of the Union for the receipt and disbursement of +public moneys. There are sub-treasuries in New York, San Francisco, +Saint Louis, Chicago, Boston, Philadelphia, Baltimore, New Orleans and +Cincinnati. For greater convenience moneys are also deposited at certain +designated banks. Secretary Windom, however, began rapidly removing such +deposits from the banks and announced his intention to cease the placing +of deposits with any bank. + +The Register of the Treasury is the official book-keeper of the United +States. The Commissioners of Customs and of Internal Revenue have charge +respectively of the collection of customs duties and internal revenue +taxes. The Comptroller of the Currency has control of the national +banks. The Chief of the Bureau of Statistics collects and publishes the +statistics of our foreign commerce. In the Bureau of Engraving and +Printing are designed, engraved and printed all government bonds, +national bank notes, drafts, United States notes, etc., for which work +about 1200 persons are employed. The director of the Mint has general +supervision over all mints and assay offices. In addition to his annual +report he publishes yearly a report on the statistics of the production +of precious metals. + +The titles of the other officers indicate the general duties of each. +The whole department employs about 3,400 persons at Washington. + +Some of the more important public questions coming within the province +of the Treasury Department at the present time are (1) the Tariff, which +has been settled for some years by the high tariff act of this Congress; +(2) the silver question involving the gravest questions of finance, +likewise settled for a time by the silver act of this Congress; (3) the +purchase of bonds on the market as a device to reduce the surplus and +prevent the accumulation of money in the Treasury; (4) the national +banking system, whose basis is being removed by the rapid payment of the +public debt; (5) the merits of the Independent Treasury System by which +it is claimed that money is kept out of circulation and a stringency +caused in the money market; and (6) the advisability of transferring the +revenue marine service to the Navy Department. + +_#The War Department.#_--The War Department was established August 7, +1789. There is one assistant secretary. The chiefs of the bureaus into +which the department is divided, are officers of the United States Army, +and a part of the military establishment. Their titles and duties are as +follows. The Adjutant General of the Army, who has under him a large +force of clerks, has the duty of issuing orders, conducting the +correspondence of the department, and keeping the record. The +Inspector-General inspects and reports upon the condition of the army at +all points, and the accounts of the disbursing officers. The +Quartermaster-General has charge of the clothing, quarters, and +supplies, except food supplies, which form the province of the +Commissary-General. The Surgeon-General has charge of the medical +department, of the Army Medical Museum, and a special library. The Chief +of Engineers has charge of the construction of fortifications, etc. The +Judge-Advocate-General reviews the proceedings of courts-martial, and +advises the Secretary on points of law. There are also a +Paymaster-General, a Chief of Ordnance, and a Chief Signal Officer. The +Chief Signal Officer has charge of the system of communicating with +distant points by means of various systems of signals, the most +noteworthy of which is that of the heliograph, by which information is +conveyed by the use of sun-reflecting mirrors. Communication has been +established between points 125 miles distant by means of a heliograph +with a reflecting surface of but twenty square inches. + +The War Department answers more nearly than any other to the Department +of Public Works found in other governments. All public improvements, the +construction of docks, bridges, and the improvement of rivers and +harbors, are under the supervision of army engineers. All arctic +explorations and the explorations of our western territory, have been +conducted by army officers under the direction of the Secretary of War. + +The publication of war records is being made by a special board in the +War Department. Thirty-five volumes have been published. It is estimated +that there will be one hundred and nineteen volumes when the work is +completed. The Secretary of War also has charge of the Military Academy +at West Point, of certain national parks, and homes for disabled +soldiers. + +The army is commanded by a lieutenant-general under whom are three +major-generals and six brigadier-generals. It consists of about 26,000 +men distributed in the three divisions of the Missouri, the Atlantic, +and the Pacific, of which the first contains four departments, the +second, one, and the third, three. Congress appropriates and expends +through the War Department $400,000 yearly on the National Guard for its +armament and equipment. The aggregate of this reserve army regularly +organized and uniformed is 106,500 men. The Secretary also details army +officers to furnish military instruction at various colleges. + +The principal questions to-day concerning the War Department are the +advisability of strengthening our coast defences, and the lessening of +the desertions in the army, which amount yearly to from ten to fifteen +per cent, of the total strength of the army. + +_#The Navy Department.#_--The Navy Department was established April 30, +1798. There is one assistant secretary. The routine work of the +department is distributed among eight bureaus: (1) of Yards and Docks, +(2) of Equipment and Recruiting, (3) of Navigation, (4) of Ordinance, +(5) of Construction and Repair, (6) of Steam Engineering, (7) of +Provisions and Clothing, (8) of Medicine and Surgery. The chiefs of the +bureaus are officers of the United States Navy. There is a hydrographic +office attached to the bureau of navigation, which prepares maps, charts +and nautical books relating to navigation, and makes investigations +concerning marine meteorology. This Department has charge of the Naval +Observatory for which a new set of buildings is now being built at +Washington. The Department publishes yearly, for the guidance of seamen, +the nautical almanac, the preparation of which is intrusted to a +separate bureau. The department also compiles and publishes naval +records of the recent war, and has charge of the Naval Academy at +Annapolis, Maryland. The Officers of the Navy upon the active list +include one admiral, one vice-admiral, six rear-admirals, and ten +commodores. The naval force includes 10,000 officers and men, together +with 2,000 marines. The number of vessels of the United States Navy when +all the ships now authorized are completed, excluding those which by the +process of decay and the operation of law will by that date have been +condemned, will comprise 11 armored and 31 unarmored vessels. The five +stations maintained are the Asiatic, European, North Atlantic, South +Atlantic, and Pacific. The chief matter of present public interest +concerning this department is the creation of a new navy by the +construction of modern steel vessels. This new policy was begun in 1882. + +_#The Interior Department.#_--The Interior Department was created in +1849, to take charge of various duties not properly belonging to any of +the existing departments. There are two assistant secretaries. The +chiefs of the bureaus into which this department is divided, and their +respective duties are as follows: _The Commissioner of the General Land +Office_ has charge of all the public land of the government, its care, +supervision, and sale or distribution. In another chapter we give +further details concerning the operations of this important bureau. + +_The Commissioner of Pensions_ has charge of the granting of pensions to +old soldiers and sailors. He has a large force at Washington. There are +eighteen pension agencies in different parts of the country. In 1808 the +United States assumed all the state pension obligations. The act of 1818 +gave pensions to all who had served nine months in the Revolutionary +War; other wars were afterwards included. The acts of the period +beginning 1862 have enormously increased the amount paid. The report of +the Commissioner for 1890 shows that at the close of the fiscal year of +1889 the number of pensioners was 537,944, and the annual expenditures +for pensions $105,528,180.38. + +The disability pension law passed June 27,1890, will greatly lengthen +the pension list and increase the annual expenditures. The present +Commissioner says in his last report that "it is believed that there are +probably over one hundred thousand claims in this office which can be +properly allowed under the provisions of these regulations. The act of +June 27, 1890, is the first disability pension law in the history of the +world which grants to soldiers and sailors pensions for disabilities +which are not proven to have been incurred in the service and in line of +duty." Speaker Reed of the House characterized it as "the most generous +piece of pension legislation ever passed by any nation on earth." + +_The Commissioner of Patents_ has charge of the granting of patents. Up +to 1793 the granting of letters-patent was given to a board consisting +of the Secretary of State, Secretary of War and the Attorney General, +the records and models being kept in the Department of State. In 1793 +the granting of patents was given exclusively to the Secretary of State. +In 1821 the clerk of the State Department who examined applications for +patents received the title of Superintendent of the Patent Office, and +on July 4, 1836, the Patent Office was created as a separate bureau and +a Commissioner of Patents created. + +About 24,000 patents are issued annually. There is an Assistant +Commissioner-in-chief, an Examiner of Interferences, three +Examiners-in-chief, thirty-eight Principal Examiners, and a large force +of assistant examiners for different branches. Patents run for seventeen +years. The annual receipts of the bureau from fees more than equal the +expenditures, and the office now has a surplus of several millions to +its credit in the Treasury. + +_The Commissioner of Indian Affairs_ has charge of all matters +concerning the Indians, their education, government and support. There +are 239 Indian schools supported by appropriations made by Congress, 147 +of which are controlled directly by the Indian Bureau. The average +attendance of pupils at these schools is between eleven and twelve +thousand. The number of Indians in our country (not counting those of +Alaska) is about 250,000. They occupy or have control of about +116,630,106 acres. + +_The Bureau of Education_ was originally established as an independent +Department by act of Congress, approved by the President March 2, 1867. +By an act of Congress which took effect July 1, 1869, this Department +was changed to an Office or Bureau in the Interior Department. The +duties of this Bureau are to collect and diffuse information regarding +schools, methods of instruction and school discipline, etc., and +otherwise to promote the cause of education. The results of the +investigations here carried on, though with a small clerical force, are +of the utmost value to all educators, and such is the extent to which +the merit of the work and publications of this office are recognized by +the leading educators of the country, that, in their opinion, the Bureau +should be re-established as a department, and its chief be made a member +of the President's cabinet. The publications of the Bureau consist of +(1) _Annual Reports_, which set forth statistics and general information +concerning the educational systems of the States, Territories, larger +cities, universities, and colleges; professional, special, and +scientific schools, academies, preparatory schools and kindergartens, +with a summary of the progress of education in foreign countries; (2) +_Special Reports_, on subjects pertinent to the times; (3) _Occasional +Bulletins_, on matters of current educational interest; (4) _Circulars +of Information_, on important questions of educational work or history, +which are issued in yearly series. Under this last title there is now in +course of publication a very valuable series of monographs upon the +History of Higher Education in the various States. These monographs are +being prepared by competent scholars under the editorial supervision of +Dr. H.B. Adams of the Johns Hopkins University. Numerous Annual Reports +have been issued, and one is now in press, for the year 1889-90. The +working force of the Bureau is divided into three divisions: (1) +Records; (2) Statistics; (3) Library and Museum. The library of this +Office contains one of the most valuable pedagogical collections in the +country. + +_The Commissioner of Railroads_ has charge of the government's interests +in certain railroads to which the United States has granted loans of +credit or subsidies in lands or bonds. By the acts of July 1, 1862, and +July 1, 1864, Congress, in order to encourage the building of a +trans-continental railroad, granted to several Pacific railroad +companies subsidies in land adjacent to the roads, and issued certain +amounts of bonds on which was guaranteed interest at the rate of six per +cent. The amount of lands given and bonds issued were in proportion to +the number of miles of road constructed. The lands were a gift. The +bonds were to be repaid by the companies with all interest which might +have been advanced by the government. From 1850 to 1872 the various +railroads received a total of 155,504,994 acres of lands, and +$147,110,069 proceeds of bonds and interest paid by the United States. +The roads have repaid of this amount $36,723,477, leaving at the present +time due from the roads to the United States the sum of $110,386,592. +This they will be unable to pay upon the maturity of the bonds, and a +bill has been before Congress for several sessions looking towards a +better adjustment of this debt. The Commissioner of Railroads was +originally styled the "Auditor of Railroad Accounts." The office was +created June 19, 1878. + +_Geological Survey_.--This branch of the Interior Department was +established in 1879. Its work is the investigation and determination of +the geological structure of the various sections of the country, the +composition of soils, the reclamation of waste lands, etc. In this +bureau are made topographical surveys and irrigation surveys of arid +regions of the United States. The publications connected with this work, +number ten Annual Reports, thirteen Monographs, fifty-eight Bulletins +and five Statistical Papers. In these there is a discussion of the +geological structure of every state and territory, and information +concerning the occurrence and production of each great metallic and +mineral staple of the country. The bureau comprises one geographical, +twelve geological, six paleontological and four accessory divisions. A +division of mines and mining publishes an annual report on the mineral +resources and production of the United States. + +_The Superintendent of the Census._--The Superintendent of the Census is +appointed each decade for the purpose of taking the regular decennial +census. The Eleventh Census has just been taken. The first was taken in +1790. Each census has shown a tendency to be more elaborate and to +embrace a greater number of subjects than any preceding. There were +employed in the taking of the Eleventh Census 42,000 enumerators, 2,000 +clerks, from 800 to 900 special agents, 175 supervisors and 25 experts. + +In addition to these eight bureaus, the department has charge of various +other branches of government. All of the territories come under the +Secretary's supervision, and look to him in case of any difficulty. The +Secretary also has charge of the Yellowstone National Park, the Hot +Springs Reservation in Arkansas, and of certain hospitals and +eleemosynary institutions in the District of Columbia. A Superintendent +of Public Documents looks after the receipt, distribution, and sale of +government publications. + +The most important subjects of recent legislation concerning this +department have been the dependent pension act, the act providing for +the survey of Western lands suitable for irrigation, and the land +forfeiture act. By this act over 8,000,000 acres of lands were forfeited +by the railroads for failure to fulfill the conditions under which the +land was originally granted to them. + +_#The Post Office Department.#_--The Post Office Department was +established in 1789, but the Postmaster-General did not become a cabinet +officer until 1829. The Postmaster-General has charge and management of +the department, and of the domestic and foreign mail service. He can +establish post offices and appoint postmasters of the fourth and fifth +classes, i.e. those whose salaries are less than $1,000. These number +over 50,000. The total number of postoffices is about 56,000. The +President appoints to those of the first three classes. Other officers +besides the Assistant Postmasters-General are, the Superintendents of +the Money Order Division, of Foreign Mails, and of the Railway Service, +and an Assistant Attorney-General for the department. + +The United States is a member of the Universal Postal Union, of which +most, if not all, of the civilized countries are members. The central +office is known as the International Bureau of the Universal Postal +Union, and is conducted under the superintendence of the Swiss Postal +Administration, and its expenses are borne by all the nations composing +the Union. The revenues of the Post Office Department nearly equal the +expenditures, and would have exceeded them before this but for the fact +that as soon as the amount of receipts has warranted, improvements have +been made in the service, through the reduction of postage rates and +the extension of the free delivery system. It has never been the policy +of the government to make this department a source of revenue. + +The patronage of the postoffice department is the most important of any +of the departments, and it is very largely for this reason that the +Postmaster-General is a member of the Cabinet. Crawford of South +Carolina secured in 1820 the passage of an act limiting the term of +office of postmasters to four years. The appointment of postmasters does +not come under the Civil Service Act. It is the principal aim of civil +service reformers, that postmasters should be appointed under its +provisions. The most important questions of public policy concerning +this department, are the reduction of postage rates on letters to one +cent; the advisability of the establishment of a postal telegraph +service; the extension of the free delivery system, and the relation of +the department to the civil service regulations. + +_#The Department of Justice.#_--The office of the Attorney-General of +the United States was established in 1789; the Department of Justice not +until 1870. The Attorney-General gives advice upon legal points to the +President and also, when requested to do so, to the heads of +departments. He directs the cases of the United States and sometimes +appears in them, especially in the Supreme Court. He supervises the +United States Marshals and District Attorneys. His substitute and +principal assistant is the Solicitor-General. There are two +Assistant-Attorneys-General, the business of the one being connected +with the Supreme Court, and of the other with the Court of Claims. There +are also, as mentioned before, certain legal officers attached to the +other departments. Additional counsel is frequently employed to assist +in the argument of important cases. To the Attorney-General belongs the +duty of recommending persons to the office of judges, etc., in the +United States Circuit and District Courts. + +_#The Department of Agriculture.#_--The Department of Agriculture was +organized as a separate department in the year 1862. In 1889 its head +became a cabinet officer. There is one Assistant Secretary. The duties +of the Secretary are to promote in every way the agricultural interests +of the country. For this purpose the department is separated into +thirteen bureaus, under the following officers (1) the Entomologist, (2) +Chief of the Bureau of Animal Industry, (3) Chemist, (4) Botanist, (5) +Chief of the Section of Vegetable Pathology, (6) Statistician, (7) +Ornithologist, (8) Director of the Office of Experiment Stations, (9) +Microscopist, (10) Pomologist, (11) Chief of the Forestry Division, (12) +Chief of the Seed Division, and (13) Weather Bureau. The enumeration of +these titles indicates the general nature of the work of the department. +Here are investigated the habits of injurious insects and birds and the +best means for their destruction; the causes of and remedies for +vegetable and fruit diseases. The Chief of the Bureau of Animal Industry +inspects herds of cattle and causes to be slaughtered those suffering +from a contagious disease. Under a law passed in 1890, he also inspects +all cattle and meat intended for export to foreign countries. He +investigates causes of and remedies for cattle diseases, the best method +of breeding, etc. The Statistician publishes monthly and annual reports +concerning statistics of the condition, prospects and harvests of the +principal crops, the wages of farm labor, etc. The Chemist analyzes +fertilizers, soils, etc. By the act of March 2, 1887, $15,000 per annum +was appropriated by Congress to each of the States and Territories which +have established an agricultural college or an agricultural college +department, for the establishment of experiment stations. The Department +of Agriculture has general oversight over these stations. + +The Department carries on experiments regarding the feasibility of +profitable silk reeling in this country, for which purpose there is a +separate division; it also makes experiments in the manufacture of sugar +from sorghum and from beets grown in this country. The best qualities of +seeds are tested and distributed gratuitously among the farmers. Efforts +are made to introduce and foster the cultivation of new kinds of +agricultural products, and in various ways to advance agricultural +interests. + +Congress, by an act passed during its last session, 1890, created a +weather bureau under the Agricultural Department and transferred to it +the business of weather prognostication which had been tinder the Chief +Signal officer in the War Department. The service remains unchanged. It +has stations at the military stations in the interior of the continent, +at life-saving stations, and at other points in the States and +Territories. Meteorological observations are taken at each station, and +the information forwarded to the central office at Washington, where +weather predictions for the succeeding day or days are made. The +predictions are given gratuitously to the public through a system of +flag signals, by the distribution of weather maps, and by publication in +the daily papers. The percentage of successful forecasts of the weather +during 1890 was 84.4. + +The Department publishes the result of the scientific investigations +carried on by its officers in "Annual Reports" of the Secretary and +Chiefs of Divisions; in a series of "Circulars" on special subjects, in +regular "Bulletins;" and in a series of studies on "Insect Life." These +documents are distributed gratuitously. + +_#The Department of Labor.#_--The Department of Labor was created in +1884, as a bureau under the Interior Department. In 1888, it became a +separate department. It is a purely statistical bureau. It collects and +publishes statistics on the cost of production, on wages, labor +statistics, etc. Its six published reports are on (1) Industrial +Depressions, (2) Convict Labor, (3) Strikes and Lockouts, (4) Working +Women in Large Cities, (5) Marriage and Divorce, and (6) Railroad +Employés. + +Had all the executive departments been created at one time by a +constitutional convention, we should be justified in expecting a greater +symmetry and uniformity in the naming and grouping of chief officials. +An inspection of the various executive officers shows that not a few are +under departments other than would be expected; and the naming of +officials is often misleading as to their importance. Within recent +years there has appeared a strong tendency to depart yet more from a +systematic grouping of executive duties under departments. Executive +functions have been given to bodies entirely independent of the +departments. To complete our survey of the federal executive we must +consider the following: (1) the Interstate Commerce Commission, (2) the +Fish Commission, (3) the Civil Service Commission, (4) the Government +Printing Office, (5) the National Museum, Smithsonian Institution, the +Bureau of Ethnology, (6) the Congressional Library. + +_#The Interstate Commerce Commission.#_--With the growth of our railroad +system have come various abuses. Roads have discriminated in favor of +one shipper over others, and of one locality over others. Combinations +have been formed to keep up railroad passenger and freight charges. +Their influence has been used in political offices through the issuing +of free passenger tickets, etc. Various other minor abuses have centered +around these corporations. The States have been powerless to provide a +remedy for the roads have been mostly engaged in interstate commerce +with which the States are forbidden by the constitution to interfere. To +provide a remedy for the principal of these abuses Congress passed the +act of February 4, 1887, regulating the practice of railroads and +creating the Interstate Commerce Commission to enforce the provisions. +The Commission is composed of five commissioners appointed by the +President. The Commission sits as a court and adjudicates complaints +arising between railroads or between citizens and railroads, involving +principles covered by the act. It has rapidly attained its present +position as one of the most important courts in the United States. A +statistician, attached to the Commission, publishes annual statistics of +railroads, covering the extent, the amount, and value of their stock and +bonds, expenses of management, receipts, &c. The act, of course, +applies only to those railroads lying in more than one State. + +_#The Fish Commission.#_--The Fish Commission was created by act of +Congress in 1870. Its chief is the Commissioner of Fish and Fisheries. +There is also an Assistant Commissioner. This Commission stands in the +same relation to the fishery interests of the country as does the +Department of Agriculture to agricultural interests. Both are scientific +and practical departments. The former investigates the food, habits and +enemies of fishes; experiments concerning the best methods of their +capture, the best kind of baits, apparatus, etc. It collects statistics +of fish and fisheries of the whole country. Probably its most important +service is the propagation and distribution of food fishes. Under its +direction are hatched and liberated millions of the young of the best +food fishes in the various inland waters of the United States. Rivers +suitable for black bass, shad, carp, or other food fishes, but not +having them in their waters, are supplied. For these purposes the +Commission owns and manages various fish hatcheries, fish distributing +vessels and cars, propagating ponds, etc. + +The yearly appropriation for carrying on this work amounts to nearly a +quarter of a million of dollars. + +_#The Civil Service Commission.#_--To correct the wasteful and +demoralizing spoils system, in vogue ever since the first administration +of Jackson, Congress passed, January 16, 1883, "an act to regulate and +improve the Civil Service of the United States." Under the provisions of +this act, the President appoints three commissioners, only two of whom +may be of the same political party, to administer the act. It is one of +the duties of this Commission to provide examinations for testing the +fitness of applicants for public service. Appointments in those branches +of the government coming under this act can only be made from persons +who have passed the civil service examination successfully. Adherence to +one or the other political parties has little weight in the selection +of employés. Under the regulation of this act are: the nine executive +departments at Washington, the Civil Service Commission itself, the +customs districts, eleven in number, in each of which there are fifty or +more employés, all postoffices in which there are fifty or more +employés, and the Railway Mail Service; including altogether about +28,500 clerks. + +_#The Government Printing Office.#_--In order that there may be +intelligent legislation and administration, an extensive system of +reports is required. The publications of the federal government are of +course very numerous. Each department, bureau, and division makes an +annual report. The proceedings of Congress are reported verbatim and +published. This printing and binding are done by the government through +the government printing office, established for that purpose. The Bureau +of Printing and Engraving, which is under the Treasury Department, does +no part of this. Its duties are limited to those of engraving and +printing banknotes, etc. The chief of the Government Printing Office is +styled the Government Printer, and is appointed by the President. + +_#The National Museum, Smithsonian Institution and Bureau of +Ethnology.#_--In 1829 James Smithson, bequeathed by his will the whole +of his property, something over half a million dollars, "to the United +States of America to found at Washington, under the name of the +Smithsonian Institution, an establishment for the increase and diffusion +of knowledge among men." This fund held by the United States now amounts +to $702,000 yielding six per cent, per annum. In 1846 Congress +determined to devote this gift of Smithson to the founding and support +of a museum. The National Museum was established in 1846, and is +supported by annual appropriations by Congress. + +In 1879 Congress created a special bureau under the Secretary of the +Smithsonian Institution, to be called the Bureau of Ethnology, to make +researches in North American anthropology. This work is supported by +annual appropriations. The National Museum, Smithsonian Institution and +Bureau of Ethnology, though distinct institutions[1] are under +substantially the same management. Their reports are of great scientific +value. + +_#The Librarian of Congress.#_--The Librarian of Congress is an +independent officer and reports directly to Congress. He has complete +control of the Congressional Library, now situated in the Capitol +building. The books now collected in this library have been purchased +from time to time by Congress. There is a law requiring that two copies +of every book, pamphlet, newspaper, photograph, etc., copyrighted in the +United States, shall be sent to the Congressional Library. It thus +receives large and valuable additions yearly. The Library now numbers +over half a million volumes. A new building for the library is in +process of construction, and it will have cost when completed between +seven and eight million dollars. + +[Footnote 1: A valuable and suggestive paper on The Origin of the +National Scientific and Educational Institutions of the United States, +by Dr. G. Brown Goode, Assistant Secretary of the Smithsonian +Institution, was published by the American Historical Association. Vol. +IV, Part 2. G.P. Putnam's Sons, New York, 1890.] + + + +CHAPTER XI. + +The Federal Judiciary. + + +In forming the Constitution the framers of our government were +controlled by the principle that the powers which belong to all +governments can be most safely and satisfactorily exercised by dividing +them according to their nature among three separate branches, the +executive, the legislative, and the judicial. Under the Articles of +Confederation this maxim of government had been disregarded. The old +Continental Congress had been given under that plan, not only +legislative powers, but also those executive and judicial powers which +the States had yielded to the central government. + +The lack of a Federal judiciary was, as Justice Story says, "one of the +vital defects of the old confederation." Hamilton, the expounder of the +Constitution, said: "Laws are a dead letter without courts to enforce +and apply them." + +The reasons why a national system of courts was necessary were in order +that there might be some power:-- + +1. To give to laws an interpretation that would be uniform throughout +the land. If there were thirteen independent courts, each giving Federal +decisions on the same causes arising under the same national laws, what +but confusion and contradiction could arise? + +2. To settle disputes between the States and citizens of different +States. + +3. To construe and interpret the Constitution itself, and decide all +disputes arising under it act of either Congress or of a State +legislature contrary to the Constitution can therefore be valid. Hence, +the necessity of some power which should have authority to determine the +constitutionality of an act when brought into question, and-- + +5. There should be the power of determining the constitutionality of any +act of a State legislature, and thus enforce upon State legislatures the +restrictions laid upon them, such as, for example, the inability to lay +impost duties, to pass laws violating the obligation of contracts, etc., +or to regulate objects given exclusively to Congress. The manifest +necessity of such a power may be best stated by using Hamilton's own +words (Federalist, 30): + +"What would avail restrictions on the authority of the State +legislatures without some constitutional mode of enforcing the +observance of them? The States, by the plan of the Constitution, are +prohibited from doing a variety of things, some of which are +incompatible with the interests of the Union; others with the principles +of good government. The imposition of duties on imported articles, and +the emission of paper money are specimens of this kind. No man of sense +will believe that such prohibition would be scrupulously regarded, +without some effectual power in the government to restrain or correct +infractions of them. This power must be either a direct negative on the +State laws, or an authority in the Federal courts to annul such as might +be in manifest contravention of the articles of Union." * * * "These +courts are to be the bulwarks of a limited constitution against +legislative encroachments." + +These reasons were so strong that there was little or no objection in +the constitutional convention to the creation of a national judiciary, +but difficulty arose in determining its precise nature and powers. As we +have learned, the difficulty to be overcome in drafting our new scheme +of government was to satisfy State jealousies and interests, and +preserve State rights of government, and yet to obtain a strong central +government; and to harmonize State rights with Federal strength. + +In forming the national judiciary, the objects to be obtained, difficult +of achievement, were, to use the words of Judge Curtis (Federal Courts +of United States): "To construct a judicial power within the Federal +Government, and to clothe it with attributes which would enable it to +secure the supremacy of the general constitution and all of its +provisions; to give to it exact authority that would maintain the +dividing line between the powers of the Nation and the States, and to +give to it no more: and to add to these a faculty of dispensing justice +to foreigners, to citizens of different States and among the sovereign +States themselves, with a more even hand and with a more assured +certainty of the great ends of justice than any State power could +furnish--these were objects not readily or easily to be obtained, and +yet they were obtained with wonderful success." + +The establishment of the federal judiciary is given in a few words in +the Constitution: "The judicial powers 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." + +In pursuance of this clause, Congress passed in 1789, what is known as +the "Judiciary Act," the first section of which reads: "The Supreme +Court of the United States shall consist of one chief justice and five +associate justices." This act also established the inferior federal +courts, the circuit and district courts, and also defined and fixed +their fields of jurisdiction, i.e., the class of cases which these +courts could have power to try. + +The Supreme Court stands at the head of our national judiciary. Its +field of jurisdiction is the construction and exposition of the +Constitution of the United States. Hon. S.F. Miller, senior justice of +this court, speaking of the high character of the duties performed by +this court, said: "This court, whether we take the character of the +suitors that are brought before it, or the importance of the subjects +of litigation over which it has final jurisdiction, may be considered +the highest the world has ever seen. It has power to bring States before +it, States which some of our politicians have been in the habit of +considering sovereign, not only when they come voluntarily, but by +Federal process they are subjected, in certain cases, to the judgment of +the court. Whatever these States may have been at the time of the +formation of the Constitution, they now number their inhabitants by the +millions, and in wealth and civilization are equal to many of the +independent sovereignties of Europe." + +There have been considerable changes in the structure and duties of the +Supreme Court since its formation. At present there are nine justices, +instead of six. There is now one annual term of the court held, +beginning on the 2d Monday of October and continuing until about May 1. +Of the nine justices six constitute a quorum. + +The Supreme Court first met in February, 1790. Since its organization it +has had eight chief justices, in the following order. + + John Jay, 1789-1795. + Oliver Ellsworth, 1795-1801. + John Marshall, 1801-1835. + R.B. Taney, 1836-1864. + S.P. Chase, 1864-1873. + M.R. Waite, 1873-1888. + M. Fuller, 1888. + +In 1795 John Rutledge was appointed to succeed Jay, received his +commission, and held one term of the court, but was not confirmed by the +Senate. + +During the early years of the existence of the Supreme Court few cases +arose requiring its jurisdiction. During the first term there was no +business to be transacted. In 1801 there were only ten cases on the +docket, and for some years the average annual number of cases was +twenty-four; but in later years the number rapidly increased. From 1850 +the average number of cases decided was seventy-one, while from 1875 to +1880 the average was three hundred and ninety-one per annum, and now +there are more than a thousand cases awaiting a hearing, and the court +is so far behindhand in its work that it takes from three to four years +for a case to come up for trial after having been entered upon the +docket. At present there are about four hundred cases granted a hearing +yearly. + +Almost immediately after the adoption of the Constitution began +struggles and disputes between the States and the Federal Government. In +this contest the Supreme Court steadily upheld the central power, and +did much by its decisions to enforce and establish the power of the +Constitution. Especially was the court powerful during the years 1801 to +1835, when Marshall was chief justice, to whose wisdom and prudence it +is difficult to ascribe too much influence in fixing the present +stability of our government. + +The Supreme Court has been an invariable supporter of the Federal +Constitution. During the early years of our government it was our +firmest barrier against the efforts of the States to lessen the federal +power. It has always maintained the balance of power between the States +and the Union. + +The annual term of the Supreme Court begins the second Monday of October +and lasts until about May. Daily sessions, with the exceptions of +Saturdays and Sundays, are held, beginning at 12 o'clock, in the Capitol +building at Washington. The present justices are Fuller, chief justice, +and Lamar, Bradley, Field, Harlan, Gray, Blatchford and Brewer, +associate justices. Every Saturday morning the justices meet in +consultation and decide cases argued during the week. The decisions are +announced on Monday mornings. The justices are appointed by the +President, hold office for life, and are removable only by impeachment. + +The following are a few cases decided by the Supreme Court with which it +is important that we should be acquainted owing to the influence which +their decision has had upon our history: + +1. In 1793 the case of _Chisolm_ vs. _Georgia_ came before this court. +Chisolm, a citizen of North Carolina, sued the State of Georgia for a +sum of money, and under the second section of Article III of the +Constitution, which says that the judicial power of the United States +shall extend to disputes between a State and citizens of another State, +the court gave judgment in his favor. This decision that a State +government could be sued against its will created so much +dissatisfaction that the Eleventh Amendment was adopted, which says, +"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." The effect of this amendment has been to +enable a State to repudiate its just debts. + +2. In 1819 was decided the very important case of _McCulloch_ vs. +_Maryland_. The United States had established a national bank, which was +objectionable to many of the States. Maryland attempted to destroy the +bank by levying a very high tax upon a branch bank within the State. The +question as to her right to do this was brought before the Supreme +Court. To have allowed Maryland this right would have been to give to a +State Government the power to oppose and render useless an institution +created by the Federal Government. The court sustained the Federal +power, and it was declared unconstitutional for any State to pass laws +opposing the operation of any Federal statute. + +3. In the case of _Dartmouth College_ vs. _New Hampshire_ was declared +the unconstitutionally of a state law which impaired the obligation of +contracts. + +4. A very important case decided by Chief Justice Taney was that of +_Dred Scott_ vs. _Sandford_ in 1857. Dred Scott, a negro slave in +Missouri, had been carried into the Territory of Minnesota, where, by +the Missouri Compromise of 1820, slavery did not exist. Upon being +carried back into Missouri by his master, Scott claimed his freedom upon +the ground that he had been voluntarily carried into a Territory where +slavery was not allowed. The Supreme Court in its decision declared that +Congress had never had the power to pass any law which would forbid +slave-owners settling in Territories and still retaining control of +their slaves. The whole country was at this time in great excitement in +regard to the question whether or not, in the organization of the +Territories of Kansas and Nebraska into States, slavery should be +prohibited, and this decision, whereby the Missouri Compromise Act was +practically annulled, and which pointed directly forward to an +establishment of slavery in the new Territories, raised public +excitement to a fever heat. It was in this decision that the statement +was made that at the time of the formation of the Constitution the +general opinion had been that the colored man had no rights which the +white man was bound to respect. As a direct result of this case a more +determined stand was taken at the North against slavery; the +Anti-Slavery Republican party was strengthened, and their candidate for +President, Abraham Lincoln, elected in 1861, and the catastrophe of +civil war precipitated. + +5. The Legal-Tender decisions, given in several cases soon after the +civil war, are important. During the progress of the war the Government, +in order to raise funds to meet its extraordinary expenses, had been +forced to issue slips of paper which represented no deposits of coin in +the Treasury, but only promises to pay certain sums by the Government. +These were declared legal tender, that is, made by law as good as gold +and silver, and the people were forced to receive them in payment of +debts and for commodities. It was questioned whether the Government had +by the Constitution power to do this. The legal-tender decisions +declared that it had. Judicial System and Jurisdiction of the United +States Courts. + +_#District Courts.#_--The United States is divided into judicial +districts. Many single States form a judicial district, while others are +divided into two and others into three districts. The number of +districts has varied. At present there are about sixty. To each of these +districts is given a court and a district judge. These form the lowest +grade of Federal courts. + +_#Circuit Courts.#_--These judicial districts are grouped into nine +circuits. For example, the Fourth circuit includes the districts of +Maryland, Virginia, West Virginia, North Carolina, and South Carolina. +For each circuit is appointed one circuit judge. One of the justices of +the Supreme Court is also allotted to each of the circuits, who, after +the expiration of the Supreme Court term, visits his circuit, and tries +the more important cases which may arise in that circuit. The Circuit +Court may be held by the circuit judge, the Supreme Court justice, or +the district judge of that district in which the court is sitting, or by +any two of them, or all of them, sitting together. The Circuit Courts +form the next series of the Federal courts higher than the District +Courts. + +_#Jurisdiction.#_--The relation between the Supreme, Circuit and +District courts is easy to explain. Their jurisdiction is upon federal +questions; that is, over those cases mentioned in the Constitution over +which judicial power has been granted to the United States, viz., +questions arising under the Constitution, federal laws, or treaties, +between citizens of different States, between citizens and foreigners, +between States themselves, etc., and all crimes punishable under the +United States laws. + +The Circuit Court is higher than the District Court, and to it cases +involving $500 and over may be appealed from the District courts. The +Supreme Court is the court of last resort, and to it all appeals from +the Circuit Courts come, with the limitation that $5,000 be involved. +The cases decided by the Supreme Court are then of two classes: (1) +those over which it has original jurisdiction, (see Constitution); i.e., +those cases which originate or begin in that court; and (2) those cases +over which it has appellate jurisdiction, i.e., those cases which come +thither by appeal from the lower Circuit Courts, and which form the +larger part of its work, and also by appeal from the highest State +courts in cases involving certain Federal questions. The District of +Columbia being directly governed by the United States, its courts are +Federal courts, and hence, cases may be appealed from such courts to the +Supreme Court; likewise for the same reason appeals may be had to the +Supreme Court from the territorial courts. + +We must remember that these courts deal only with Federal questions +arising under United States laws, and, that besides these courts, all of +the States have their own judicial systems of courts to interpret state +laws and to try the great majority of cases. These courts are entirely +separate from the United States courts, and with different judges, +though cases may begin in them and be transferred to the United States +Courts, if the interpretation of a Federal law is brought into question. + +There are four grades of law in the United States. First and highest is +the United States Constitution; second, United States laws, or statutes +as they are called, passed by Congress; third, State constitutions; and +fourth, State laws, passed by the State legislatures. In case of +conflict of laws the lower must yield to the higher. + +For the purpose of settling claims of private persons against the United +States, there has been established at Washington a Court of Claims, held +by five judges. From it appeals lie, in some cases, to the Supreme +Court, and, in others, they are referred to Congress for action. + + + +CHAPTER XII. + +The Ordinance for the Government of the Northwest Territory. + + +When the colonies joined in union under the Articles of Confederation, +in 1781, they ceded to the General government their claims to unoccupied +western territory. The largest land grant was that by the State of +Virginia, which occupied that part of the United States lying north of +the Ohio River and east of the Mississippi River. + +The problem of management of public lands was thus early presented to +our Federal Government for solution. The manner in which Congress dealt +with this question has proven eminently wise and successful, and has +been largely influential in making the United States the nation that it +is to-day. The feature that has characterized the plan followed from the +beginning, and which still obtains, is the formation of States from such +territory as soon as there is sufficient population. Such States have +similar forms and powers of government as the original States, are on an +equal footing with them, and are bound by the Constitution of the United +States. Congress has absolute control of the Territories. (For +Territorial government see Article on Territories.) + +The ordinance which the Continental Congress adopted in 1787 for the +government of the Northwest Territory is of great importance: it +provides for the establishment of our territorial system; it contains +many of those features of management which have been used from that date +until now; and it is also of interest because of the influence it has +had upon the history of slavery in our country. + +This ordinance provided that the whole of this territory should form one +district. At first Congress appointed the governor, secretary, judges, +and military generals. The governor was to make the laws, subject to the +approval of Congress. When the population reached five thousand the +inhabitants were to have a legislature of their own, and to have a +delegate who should sit in Congress, but have no vote. There was a bill +of rights. Public education was encouraged. Not less than three nor more +than five States were to be formed from it. Ohio, Indiana, Illinois, +Michigan, and Wisconsin have been the five States formed from this +territory. The transformation of the territory into States was promised +as soon as the population should reach sixty thousand. + +Slavery was forever prohibited in all this territory. We shall see the +tremendous importance of this clause, which guaranteed to this large +tract freedom from the curse of slavery, when we come to consider the +struggles which were made for many years to keep slavery from the +territories. + + + +CHAPTER XIII. + +Government of the Territories. + + +There are at present four areas, situated outside of the States, and +organized under territorial governments. These are Utah, Arizona, New +Mexico and Oklahoma. Besides these there are the two unorganized +territories, Indian Territory, and Alaska, and the District of Columbia, +which last tract contains sixty-four square miles. + +_#Government of Territories.#_--The fundamental law of a Territory is +the Federal Constitution, just as in a State. Unlike the State, however, +it has no constitution of its own, but is regulated entirely by +Congress. In Section 3, Article IV, of the Constitution, it is declared +that "Congress shall have power to dispose of and make all needful +regulations respecting the territory or other property belonging to the +United States." In pursuance of this clause Congress has in the four +organized Territories instituted governments as follows: The executive +of the Territory is a Governor appointed by the President for a four +years' term. There is also a secretary and treasurer. The legislature +consists of two houses, a council of 12, and a House of Representatives +of 24. These are elected by the people of the Territories, and have a +term of two years. The Legislature meets every other year. All its acts +require approval by Congress before becoming law. + +The judiciary consists of three or more judges appointed by the +President, together with a district attorney and United States marshal. + +Territories send neither Senators nor Representatives to Congress, but +have one delegate apiece in the United States House of Representatives, +who may speak, but not vote. + +_#Admission of a Territory as a State.#_--A Territory is an embryo +State. As soon as a Territory becomes sufficiently populated it applies +for admission into the Union as a State, and such admission is +accomplished in the following manner. When an application by a Territory +for Statehood is made, it is considered by Congress, and, if approved, +the inhabitants of the Territory are authorized to form for themselves +out of such Territory a State government, and thus prepare themselves +for admission into the Union. + +A State government is formed as follows: The Governor of the Territory +issues a proclamation declaring that on a certain date there shall be an +election of delegates to a convention; such convention is to be held on +a certain date. These delegates are elected by a popular vote. The +members of the convention thus formed declare that they, on behalf of +the people of the Territory, adopt the Constitution of the United +States, and then proceed to draft a State constitution and government. +It is provided that this constitution shall be Republican in form, and +make no distinction in civil and political rights on account of race or +color, except for Indians not taxed: that it shall not be repugnant to +the Constitution of the United States and the principles of the +Declaration of Independence. Perfect religious toleration must be +guaranteed, all right or title to the unappropriated public lands lying +within the Territory must be disclaimed and given over to the United +States. Provision must be made by the constitution for the establishment +and maintenance of the system of public schools. + +After adoption by the convention the constitution is offered to the +people for ratification. If it is ratified, the Governor certifies the +fact to the President of the United States. Provided the constitution is +found to comply with all the conditions just mentioned, the President +issues his proclamation declaring the ratification of the constitution, +and upon the same day that the proclamation is issued the territory is +deemed admitted by Congress into the Union as a State, on an equal +footing with the original States, and entitled to representation in both +houses of the Federal Congress. The representatives and the Governor and +other State officers are elected on the same day as that upon which the +constitution is ratified by the people. + + + +CHAPTER XIV. + +State Governments. + + +The United States is a nation of forty-four federated States. Each State +has its own separate government, which is sovereign, except as to a few +powers which have been granted to the United States government for +general purposes. Citizens of States are also citizens of the United +States, and thus owe a double allegiance, namely, to the State in which +they reside and to the United States. + +These States vary in size from that of Texas, the largest, with an area +of 265,780 square miles, to that of Rhode Island, the smallest, with +1,250; and in population from that of New York, with nearly six +millions, to that of Nevada, with about forty-five thousand. The largest +State is greater than either France or the German Empire. + +State governments are older than the Federal government, for it was by a +grant by the States of certain of their powers that the United States +government was created. Each State is represented in Congress by two +members in the Senate. Members of the lower branch of the Federal +legislature are apportioned among the States according to population. As +in the case of the United States, the powers of government are divided +among three departments--the executive, legislative, and judicial. + +In the United States Constitution it is expressly declared that "the +powers not granted to the United States by the Constitution, nor +prohibited by it to the States, are reserved to the States respectively, +or to the people." It would require considerable space to enumerate the +duties of State governments. With the exception of the few acts which +the constitution forbids them to perform, most of which they would not +care to perform if allowed, and the few general powers coming within the +province of the Federal Government, the States can do whatever their +legislatures sanction. They can go to the extremes of State socialism. +All States have a complete judicial system. They regulate all legal +relations of their citizens, the laws of husband and wife, principal and +agent, and of contract. They provide for the detection and punishment of +crime. They control and mainly support the militia of the county. +Railroad, banking, insurance, and other corporations, are chartered and +controlled by them. The construction and maintenance of roads, the care +of the public health, the inspection of factories, the determination of +the right of suffrage, and the control of its own elections are among +the exclusive powers of State governments. Our extensive system of +public schools are under the dual management of the State and local +governments, and under the superintendence of State officers. The State +takes care of the defective classes, of the insane, paupers, etc.; and, +in general, performs all those ordinary duties concerning internal +affairs which are exercised by central governments. + + Each State government has-- + + 1. A Constitution. + + 2. A Legislature of two Houses. + + 3. An executive, composed of a Governor, Lieutenant-Governor (in + almost all cases), Secretary of State, Auditor, and a few other + officers. + + 4. A system of local government in counties, towns, cities, etc. + + 5. A body of State laws. + + 6. A judicial system of courts, from which no appeal can be had to + United States courts, except upon Federal questions. + + 7. A system of local taxation. + + Each State government has all the rights usually pertaining to a + sovereign State, except--Those powers which the Federal + Constitution expressly forbids to the States. + + 3. Those powers which have in the Constitution been exclusively + given to the United States. + +All States have public debts, which they may, and sometimes do, +repudiate. They can be sued only by other States. The Eleventh Amendment +declared that a citizen could not maintain a suit against a State. State +laws are binding only within the boundaries of the State enacting them. + +_#State Constitutions.#_--As the Federal Constitution is the supreme law +of the United States, so the State constitution is the highest law of +the States. The Constitutions of the original thirteen States were +naturally formed after the model of the charters enjoyed by the New +England colonies. In the colonies of Rhode Island, Connecticut, and +Massachusetts their charters were adopted as constitutions without any +change, except, of course, the annulment of obedience to the English +king. All subsequent constitutions have been closely modeled after these +first thirteen. The Federal Constitution provides that all State +constitutions must be Republican in form. (For other conditions of +admission of territories as States, see subject "Territories.") The +modes of amendment of constitutions differ in different States, but in +all, amendment is much easier of accomplishment than in the case of the +Federal Constitution. This is shown by the fact that since 1776 there +have been adopted by the States one hundred and five complete +constitutions, and two hundred and fourteen partial amendments; while, +since the passage of the first ten Federal amendments in 1789, there +have been but five additional amendments. Some States provide that the +constitution shall be submitted to the people for amendment at the end +of certain intervals of time. In the larger number of cases a majority +of the popular vote is required for ratification of a constitutional +amendment. State constitutions show a tendency to become longer, and to +regulate a constantly increasing number of subjects. + + A normal State constitution has the following provisions: + + 1. A definition of the State boundaries. + + 2. A bill of rights (guaranteeing private rights, such as freedom of + the press and speech, trial by jury in criminal cases, right to + assemble and petition, etc.). + + 3. A frame of government, an enumeration of officers and powers of + legislature, executive, courts of justice, etc. + + 4. Miscellaneous provisions, relating to administration of schools, + militia, taxation, debts, local government, corporations, + amendments, etc. + +_#State Legislatures.#_--The legislature in all States consists of two +Houses, of which the upper and smaller branch is called the Senate, and +the lower and more numerous branch usually the House of Representatives, +though in six States it is termed the Assembly, and in three the House +of Delegates. The members of both houses are elected by popular vote, +but Senators usually for a longer time, and frequently higher +qualifications for them are required. States are divided into districts +for election purposes, and, though members of the legislature may offer +themselves for election from any district, it has become the invariable +custom for them to be elected only from the districts in which they +reside. Universal manhood suffrage, that is, the right of all male +citizens over 21 years of age to vote, is the rule, though in eight +States paupers have no vote, and in a few, a certain amount of education +is required (generally enough to read the State constitution). The +number of members in the State legislatures varies greatly. In the +Senate, Delaware has the smallest number (9), and Illinois the largest +(51). In the lower House, Delaware has likewise the smallest number +(21), while New Hampshire has the greatest (321). + +The Lieutenant-Governor of the State is _ex officio_ President of the +Senate. In all States, except six, sessions of the legislature are held +only once every other year, and even then the length of the session is +limited to a fixed number of days. As in Congress, business is conducted +by means of committees, but are in both Houses elected by ballot. The +State legislatures have full charge and control of all local +governments within their individual States. The Senate has the power of +trying impeachments of State officials. It also ratifies appointments of +the Governor. In all States, except four, acts of the legislature +require the signature of the Governor before they become laws. To pass a +bill over a veto requires in twenty-three States a two-thirds vote in +both Houses; in two, a three-fifths vote, and in nine, a majority vote +of the total number of members. A State legislature can enact no law +which will be effective beyond its own boundaries. + +_#State Executive.#_--The chief executive of the State is the Governor. +Other chief officials are the Lieutenant-Governor, Treasurer, Attorney +General, Secretary of State, Auditor, and Superintendent of Public +Instruction. The term of office of the Governor varies in different +States from one to four years. He has but small powers of appointment, +most of the State officials being elected by the people. In all but four +States he has a veto on legislation. He has the power of pardoning. The +Lieutenant-Governor is President of the Senate. + +_#State Judiciary.#_--The State judiciary includes three sets of courts: + + 1. A Supreme Court of Appeals, the highest court, from which cases + involving Federal questions may be appealed to the Supreme Court of + the United States. + + 2. Superior courts of record. + + 3. Various local courts, such as county courts, corporation courts, + etc. + +Each State recognizes the judgments of other States, and gives credit to +their public acts and records, and delivers up to justice, on demand of +the executive, any criminal fleeing from other States into her borders. +In most of the States the judges are elected by the people, though in +eight they are appointed by the Governor, and in five by the +legislature. The Attorney-General conducts cases in which the State is a +party, and manages other legal business in which the State is +interested. + + + +CHAPTER XV. + +Local Government. + + +In the chapter on Government we learned that the people of the United +States owe allegiance to two systems of government; the one a central +national government, the other the state governments. We have now to +mention a third system of governments, namely, local governments; for +citizens of the United States live, in reality, under three distinct +governments: first and highest, the National United States Government; +second, State governments, and third, local governments. It is +concerning local governments in the United States that we shall learn in +this chapter. + +Just as the whole United States is divided into forty-eight sections, +each section being a State or Territory, so each State is in turn, for +convenience in the administration of its government, divided into small +local areas, each division managing those affairs which appertain to its +own area. Many of these divisions were not formed by dividing up the +States. The divisions came first, or sprang up naturally within the +States as soon as the colonies were settled. Social governments were the +first governments formed in the settlement of our Western territory. Dr. +Edward Bemis has described the beginnings of government in a new State +in the following interesting manner: + +"The genesis of local government in Western hamlets is very simple. +First comes the settler who, ax in hand, clears the ground for his +humble dwelling, and plants whatever seed he has brought with him. Then +comes another settler and another until perhaps a dozen families are +established near. Two wants are now felt: roads, or at least paths from +house to house, from hamlet to market town, and a school-house for the +multiplying children. There is no strong central authority to provide +these things, but the settlers meet and vote to tax themselves. The +services of a supervisor, collector, clerk, constable and justice of the +peace are required."[1] This is the beginning of the township and +county. As population increases, other wants arise which only a stronger +government can supply. A territorial, and then a State government are +consequently formed. + +[Footnote 1: Local Government in Michigan and the Northwest. _J.H.U. +Studies in History and Political Science._ Vol. I, No. 5, p. 11.] + +The principal duties of local governments are those of education, +police, sanitation, charity, the construction and maintenance of public +roads, the administration of justice, the assessment and collection of +taxes, etc. + +There are three types of local government in the United States: First, +the New England type, in which the unit of government is the town or +township; second, the Southern type, in which the unit is the county; +and third, the Western system, in which the New England and Southern +systems are combined. + +_#1st. Local Government New England.#_--Here the unit of government is +the township, or town, as it is usually called. There are few towns +exceeding five square miles in area, and the population is generally +less than 3,000. The New England township is therefore not a thickly +settled area. When a town becomes closely settled it is incorporated as +a city. + +In the New England towns the people govern themselves directly. In the +State and Federal governments the people are governed not by themselves, +but through representatives chosen by themselves. The town or township +form of government is that of a pure democracy; the States and Federal +governments are representative governments or republics. + +The supreme governing power of a town is in the town meeting, composed +of all qualified voters of the town. The town meeting is held in the +Spring of each year. After the choice of a Moderator, officers are +elected for the ensuing year, reports of officers for the past year +read, and the amount of taxes to be raised and expenditures to be made +during the year, determined upon. The officers are the Selectmen, three, +five, seven or nine in number, who constitute the executive officers of +the town, and administer the ordinances passed by the town meeting; a +town clerk, who keeps a record of the proceedings of the town meeting, +and a record of births, deaths, marriages, etc.; a treasurer, assessors +and collectors of taxes, constables, and various other petty officers. +Several offices are frequently given to the same individual. + +The county also exists in New England, and is formed by the union of +several towns, but it is of very little importance, and has but few +duties. The township system is found in the Middle States, but in a +modified form. It is less democratic as a rule--officers being elected +by ballot, the town meeting generally absent, and county government more +important. + +_#2d. Local Government in the South.#_--Here the town (township) does +not exist, except in a few instances. The unit of government for +performing local duties is the county, which is much larger than the New +England townships. The county government is managed by a Board of County +Commissioners. These are elected not in open meeting as are the town +officers, but by ballot. County government is therefore a representative +or republican government. The county, wherever found, is primarily a +judicial district. The chief officer for executing the decrees of the +county judiciary is the sheriff. Other county officers are the +treasurer, assessor, etc. + +_#Local Government in the West.#_--Here, as before stated, we find the New +England and the Southern systems combined, but combined in different +States in such various degrees as to make impracticable any attempt to +describe them more particularly.[1] In consequence of the grants of land +by the Federal Government to Western States for education, local areas +for the administration of these funds have been formed. These are called +school districts. Local government has tended to center around these +districts, and they have in many cases become important administrative +districts. Their boundaries coincide with the boundaries of the +townships and counties, though a number of school districts may be in +one county or township. + +[Footnote 1: More detailed accounts of the various systems of Local +Government in the United States may be found in the early numbers of the +_Johns Hopkins University Studies_, and also in Professor George E. +Howard's _Local Constitutional History_, an extra volume in the same +series.] + + + +CHAPTER XVI. + +City Government. + + +The proportion of people in the United States who reside in cities is +increasing. In 1790 there were only thirteen cities of 5,000 inhabitants +and none with 40,000. Now there are over 500 that have a population +exceeding 5,000 and 28 with a population of 100,000. In 1790 33 per +cent. of the total population lived in cities of over 8,000 inhabitants, +while to-day over 25 per cent live in cities of this size or over. + +When any small area becomes thickly and permanently settled, and a +certain population is reached (which varies in different States), the +state legislature is appealed to, and a charter of incorporation as a +city is granted. This enables the incorporated district to act +independently of the county or township, to levy municipal taxes and +carry out public improvements. Rapid as has been the growth of cities, +the duties required of city governments have increased still faster. + +The government of our large cities has become a question of vital +importance. It would be difficult to give a complete list of the duties +devolving upon them. The principal duties are (1) the collection of +municipal and state taxes, (2) the establishment and care of public +schools, (3) the administration of justice, (4) police supervision, (5) +the support of a fire department, (6) the care of the streets, (7) of +street gas and electric lighting, (8) of sewerage, (9) of the water +supply, (10) of public parks, (11) of sanitation and public health, (12) +of prisons, (13) the supervision of the liquor traffic, (14) the +regulation of street railways, (15) the enforcement of building +regulations, (16) the supervision of charities, hospitals, asylums, +etc. + +The form of government of all our large cities is much the same. It is +substantially a reproduction, in form, of the state governments. First, +there is a mayor, who is the chief executive, and is elected directly by +the people of the city. His term of office is sometimes only one year, +though more often two, three, or four years. In almost all cases he has +a veto on acts of the city legislature, which veto may, however, be +overridden by a two-thirds vote. + +Other subordinate officials are, the treasurer, collector of taxes, +chief of police, health officer, etc. They are in part elected by the +people, in part appointed by the mayor, or appointed by the city +legislature. Practice varies in different cities. + +City legislatures are of one or two houses. The larger cities usually +have two houses, and the smaller cities one house. + +The legislature is usually called the City Council, the upper branch the +Board of Aldermen, and the lower and more numerous branch, the Common +Council. The members of the city council are elected by the people. The +acts of the council are called ordinances. They are not sufficiently +general to merit the designation of laws. + +City judges are usually elected by the people. The administration of the +various duties of municipal government are generally given to special +boards of officers, as the police department, fire department, etc. For +election purposes, cities are divided into wards, and the wards into +voting precincts. + +Our methods of municipal government have proved the least successful of +any of our institutions. Corruption and grave abuses exist in almost +every one of the larger cities. Problems connected with city government +are among the most important questions of our time. + + + +CHAPTER XVII. + +Government Revenue and Expenditure. + + +Government is an enormous business enterprise, maintained and operated +by its citizens, that certain duties of a general interest and benefit +may be performed. The magnitude of the work performed necessarily +requires the expenditure of vast sums of money. The chief source from +which these sums are derived is taxation. Taxes have been defined to be +"the legally determined and legally collected contributions of +individuals for meeting the necessary and general expenses of the +State."[1] In the large majority of cases this is a good definition, but +in a few instances it is too narrow. There are some taxes that are +levied not primarily for the purpose of raising an income to meet the +expenses of the government, but to subserve some other purpose. For +instance, the maintenance of our high duties on articles imported into +the United States from foreign countries has for its main purpose the +protection of our industries from European competition. The large +revenues that are derived therefrom are incidental. High liquor +licenses, also, are maintained for the express purpose of lessening the +consumption of intoxicating beverages. + +[Footnote 1: Carl Knies.] + +The aim of every good government is to distribute its burdens of +taxation, as well as its benefits, fairly and equitably among its +citizens. It is the duty of every citizen to assist in the realization +of this aim, by an intelligent, honest and disinterested vote. Equality +of taxation means equality of sacrifice. Each person should contribute +towards the support of the government in proportion to his means and the +benefits enjoyed. It is the duty of every citizen, first to see that +just and expedient tax laws are passed, then to pay his proper +proportion, and lastly, to see that his neighbors likewise contribute +their share. To obtain an equitable system of government revenue and +expenditure has been the great motive force which, in the past, has +urged the people forward in their efforts to secure popular forms of +government. + +The power to tax is legislative, and, according to our theory, can be +exercised only by representatives directly elected by the people. The +refusal of England in the last century to extend this principle of "no +taxation without representation" to her colonies in America, lost her +these possessions. A government to be stable and efficient must possess +adequate powers for the collection of its revenue. The miserable +condition to which the old Confederation was reduced by reason of the +inadequacy of its powers in this respect, has already been discussed. +Says Fiske: "Between the old Continental Congress and the government +under which we have lived since 1789, the differences were many; but by +far the most essential difference was that the new government could +raise money by taxation, and was thus enabled properly to carry on the +work of governing."[1] + +[Footnote 1: _Civil Government_, p. 77.] + +The sources of government revenue other than taxes, are various, and +differ in different countries. In our consideration of the revenues and +expenditures of our national, state, and local governments we shall have +occasion to notice the various means by which their treasuries are +filled. + +_#The Federal Government#_ raises its revenues independently of the +other governing bodies, from different sources, and by a different set +of officials. Besides taxation, the principal source of revenue is from +the sale of public lands. Federal taxes are of two kinds: + + 1. Customs duties. + + 2. Excise or internal revenue duties. + +Of these, much the greater sum is raised from customs duties. For the +year 1889,[1] the total net receipts were $387,050,058. Of this +$223,832,741 was derived from customs, and $130,894,434 from the +internal revenue duties. The sale of public lands yielded in that year +$8,038,651. The miscellaneous revenues amounted to $24,297,151. + +[Footnote 1: For fiscal purposes the year begins July 1st.] + +Customs or tariff duties are taxes which have to be paid on a large +class of goods imported into this country from foreign countries. These +charges are collected by Government collectors, stationed in all our +principal seaport cities, who inspect all incoming vessels and determine +the amount to be paid, according to the rate determined by Congress. +This system constitutes the so-called protective tariff policy of our +country. Those commodities not so taxed are said to be on the "free +list." How much, and on what articles these duties shall be levied, is +the question upon which the Republican and Democratic parties differ; +the former favoring high, and the latter low rates, that is to say +merely enough to support the Government, or, as it is termed, "a tariff +for revenue only." + +Internal revenue duties are those taxes collected by the government from +its own citizens upon a small class of articles produced in this +country. The chief items of this class are distilled liquors, tobacco, +and oleomargarine. In 1889, out of the $130,894,434 received from +internal revenue, there was derived from spirits and fermented liquor +$98,036,041; tobacco, $31,866,861; oleomargarine and miscellaneous, +$991,532. These duties are collected by Government collectors stationed +in every United States district, who visit the distilleries, collect the +taxes, and see that the law is enforced. In several Southern States +attempts to evade the law are very frequent and difficult of detection. +The expenses of the vast postal system conducted by the Federal +Government are very nearly defrayed by the charges made for postage, and +the amount received by fees more than equals the expense of the Patent +Office. + +_#The State and Local Taxes#_ are generally, for convenience, collected +at the same time, and by the same officials, but independently of the +Federal government. The Constitution of the United States forbids the +States to derive a revenue from duty upon goods imported or exported. +The States are, therefore, for the most part, restricted to a direct tax +on property for the support of their governments. + +The general method for raising this tax is as follows: The legislature +of the State, having determined what income is needed, apportion this +sum among the counties, or, in New England, directly among the +townships, in proportion to the value of the property situated within +them, or establish a certain percentage tax on all property, to be +collected in the same manner. So, similarly, the counties apportion +among the cities and townships within their areas, in proportion to the +value of their taxable property, not only what they have to pay to the +State, but also the sums they have to raise for county purposes. Thus +when the township or city authorities assess and collect taxes from the +individual citizens, they collect at one and the same time three +distinct taxes--the State tax, the county tax, and the city or township +tax. Retaining the last for local purposes, they hand on the two former +to the county authorities, who, in turn, retain the county tax, handing +on to the State what it requires. Thus trouble and expense are saved in +the process of collection, and the citizen sees on one tax paper all +that he has to pay. The chief tax is the property tax, based on a +valuation of property, and generally of all property, real and personal. +Of this, by far the greater sum is realized from the tax on real +property, (land and buildings on it). Cities and other local +subdivisions, as has been stated, are raising their revenues more and +more from the sale, taxation, or operation of such public franchises and +rights as street-car lines, gas and waterworks. Those who fix the value +of taxable property and thus determine the amount the owners are to pay, +are called assessors. Those collecting taxes are called collectors. The +revenue of the States is seldom large in proportion to the wealth and +number of the inhabitants, because the chief burden of administration is +borne not by the States, but by the Federal government, on the one hand, +and the local subdivisions of the States on the other. The total revenue +of all the States is barely one-third that of the Federal government. + +_#The Expenditures#_ of all the governing bodies, Federal, State, and +local, are kept entirely independent of each other. Those of the Federal +government are for the benefit of all the States, while those of the +other bodies are only for their own individual benefit. The Federal +government receives much more than it expends, and has yearly a surplus +on hand in the Treasury. The States and local bodies have in the past +expended more than their revenues, making up their deficiency by loans +on their credit. + +The chief objects of Federal expenditure (in addition to the postal +system already considered and for the most part supported by its own +revenue) are: 1st, interest on the public debt; 2d, pensions to disabled +soldiers; 3d, for the support of the civil branch of the government; +4th, war and naval expenditures. + +Total expenditures for the year 1889 were $299,288,988. The chief items +were: + + 1. Interest on the public debt, $41,000,484 + 2. Pensions, 87,624,779 + 3. Civil service, 80,664,064 + 4. War and Navy, 65,815,079 + 5. Indians, 6,892,207 + +Money can be expended by the government only after it has been +appropriated by Congress in its annual appropriation bills. The +appropriation of supplies by Congress is the most important business +that it transacts. Every year the heads of all the different departments +frame estimates of the amounts of money needed to support their +departments during the following year, which estimates they send to the +Secretary of the Treasury, who, after considering and revising them, +transmits them to Congress in his "Annual Letter." This letter is +considered by the Appropriation Committee, whose duty it is to consider +and frame bills for the appropriation of moneys. Though guided by these +estimates, supplies frequently depart widely from them. After being +reported to the House and passed, money bills are sent to the Senate, +where they are invariably amended by increasing the appropriations and +are returned to the House. A conference committee is then appointed from +the House and Senate Committees on Appropriations, who, after mutual +concessions, agree upon such appropriations as will be passed by both +houses. The House then amends the bill as agreed upon, passes it, and +sends it to the Senate again, which in turn passes it, and sends it to +the President for his signature. All bills for raising money must, by +the Constitution, originate in the House. Besides the appropriations for +the expenses of government there is annually authorized a large +expenditure for improvement of rivers and harbors. Many of the +expenditures authorized by these bills are undoubtedly unnecessary, but +they are passed by general consent of the members, each of whom desires +to increase his popularity at home by getting public money spent in his +district. + +The expenses of the State governments are not heavy, and are devoted to +but few objects. The chief expenditures are for:--(1) the salaries of +officials; (2) judicial expenditures; (3) the State volunteer militia; +(4) grants to public schools; (5) public charities and institutions, as +prisons, insane asylums, etc., (6) interest on State debts; (7) internal +improvements and public buildings. + +The methods of appropriations are similar to those employed by the +Federal government. + +The expenditures of the local bodies, and particularly cities, are much +larger, in proportion to their population, than those of the States, and +are increasing at a greater rate than the increase of population. The +objects of expenditure are numerous and very important. The chief ones +are: (1) Interest on local debts; (2) maintenance and care of the +streets and roads; (3) lighting of streets; (4) police; (5) salaries of +officials. + +The following are outlines of the receipts and expenditures of the State +of Maryland for 1888, and for the City of Baltimore for 1887. These +figures are given not because they of themselves possess any especial +importance, but because from them can be obtained an idea of the +activity of a typical State and city. + +_#Maryland.#_[1]--The total receipts from all sources were $2,542,130; +and there was paid out $2,016,060. The chief receipts were from: + + General Taxes, $793,301 + Licenses, 487,969 + Corporation Tax, 73,553 + Railroad Tax, 58,455 + Inheritance Tax, 57,767 + Income from Stocks and Bonds owned, 206,175 + Fees, 17,585 + +_#Baltimore.#_[2]--The gross receipts into the treasury for the year +ending December 31, 1887, were $8,446,439, and were chiefly from the +following sources: + + Taxes, $4,210,112 + Public schools, tuition fees, etc., 6,766 + Market houses, rent of stalls, 58,287 + Wharfage and rent of wharves, 33,561 + General licenses, 44,609 + Auction duties, 7,431 + Dividends on stock in B. & O. R.R., 130,000 + Water rents, 745,446 + Passenger railway companies, 132,167 + From the State for public schools, 147,403 + Temporary loan, 1,510,000 + Receipts to pay interest on loans, 896,704 + Sale of stock, 243,285 + +The total disbursements were $8,403,930. Of this $4,541,357 was spent on +account of expenses of city government, the following being the +principal items of expense: + + Interest on the public debt, $915,987 + Expenses of law courts, 118,906 + Expenses of jail, magistrates, &c., . . 103,587 + Public schools (less amount paid by State), 594,089 + Expenses of poor, 210,739 + Police department, 702,882 + Street-cleaning department, 263,934 + Fire department, 214,226 + Street lighting, 221,203 + Parks, &c., 52,080 + Salaries, 72,624 + City council, 52,925 + +[Footnote 1: Finance Statistics of the American Commonwealths: E.E. +Seligman. Publications of Am. Statistical Asso., Dec., 1889.] + +[Footnote 2: R.T. Ely, _Taxation in Am. States and Cities_.] + +Nearly all of our State and local governments, as well as the national +government, have contracted large public debts, the interest payments +upon which constitute one of the chief items in their lists of +expenditures. The present debt of the Federal Government is largely the +result of the enormous expenditures occasioned by the Civil War. In +1865, August 31, it reached its highest point $2,381,530,294, with an +annual interest charge of $150,977,697. Since then it has been steadily +reduced until in 1889 the total interest-bearing debt was but +$829,853,990, with an annual interest charge of $33,752,354. The +principal of the national debt is mainly in the form of interest-bearing +bonds held by the National banks and private individuals. These bonds +are of various denominations and are promises of the government to pay +the sums named on their face, at the expiration of a certain period. The +bonds at present unpaid, and as such constituting the major portion of +our national debt, are principally of two kinds; those bearing four and +one-half per cent, annual interest and falling due in 1891, and those +bearing four per cent, interest and falling due in 1907. + +The debts of most of the States were contracted by ill-advised and +untimely systems of internal improvements. The total state indebtedness +June I, 1890, as shown by the Eleventh Census, was $238,396,590, a +decrease of slightly over $58,000,000 in ten years. The tendency now +seems to be for States to withdraw from the money market as borrowers, +and for the county and city governments to take their place. + +The local debts are very large, and have shown a marked increase during +the last twenty years. They have been for the most part incurred in +improvements and construction of public works, which have in most +instances well repaid the debts incurred. + + + +CHAPTER XVIII. + +Money.[1] + + +No man by himself produces everything he wants to use, but devotes his +time to the production of some few things, and the surplus that he does +not use, he exchanges for other things made by other men. In rude stages +of society this is done by a direct exchange of one commodity for +another, _e.g._ so much wheat or corn for a gun or plow. This is a very +imperfect and cumbersome method, which cannot be employed in our present +complicated transactions of buying and selling. There thus early +developed the use of money, or the practice of referring the value of +all things to one standard, usually the precious metals: so that, +instead of trading 20 bushels of corn for a plow, where it would be +necessary to go to the great trouble of finding a man who had a plow, +and also wanted your corn, you sell it for so much money, and with this +money you buy a plow. Money is thus but a medium of exchange and a +standard of value. + +In the United States, as in most nations, money has always been made by +the Government, and the Government alone, so that one certain fixed +system may prevail. For the sake of convenience, money is made of +various kinds and denominations, and United States money may +conveniently be regarded under the five following divisions: 1. _#Gold +Coin, Gold Bullion, and Gold Certificates.#_--There are six gold coins: +(1) the eagle, $10 piece; (2) the double eagle, $20 piece; (3) the half +eagle, $5; (4) the quarter eagle, $2.50; (5) the $3 piece, and (6) the +$1 piece. The three last are but little used. The gold bullion, or gold +in bars and blocks uncoined, is for all practical purposes as good as +the coin, and in foreign trade is much used, it being more convenient to +handle. Besides the gold coin and bullion there are in circulation gold +certificates. These are paper, the same in general appearance as the +ordinary bank-note, and certify that an equivalent amount of gold has +been deposited with the Treasurer of the United States, and that the +holder of the certificate has the right to obtain the gold for it at any +time. This does not increase the amount of money in circulation, as for +every one issued just so much coin is withdrawn and stowed away in the +Treasury. The certificates are used simply for convenience, and in order +to avoid the necessary wear of the coin if in constant use. These +certificates are of the denomination of $20. + +2. #_Silver Dollars and Silver Certificates_#.--There is no silver +bullion circulating as money, for a silver dollar does not contain a +dollar's worth of silver, as the gold dollar does of gold, and the +silver bullion is thus of different value (less value), according to +weight, than the silver dollar. The silver certificates are similar to +the gold certificates, already described, and certify that an equivalent +amount of silver has been deposited in the Treasury. + +3. _#Subsidiary and Minor Coins.#_--All coins of a lower denomination +than $1 belong to one or the other of these two classes. There are three +subsidiary coins, the fifty cent, the twenty-five cent, and the ten cent +pieces. The three cent piece is no longer coined. All other coins are +minor coins. The peculiarity of the subsidiary and minor coins is that +they are, as compared with the standard coins (gold and silver dollars), +of a greater value than the value of the metal they contain. The +subsidiary coins are legal-tender to the amount of $10, the minor to +the extent of twenty-five cents. By legal-tender is meant that the +government has ordered that it must be received in payment of all debts +and articles bought. Gold coin and the silver dollars and certificates +are legal-tender to any amount. + +4. _#Treasury Notes.#_--Under this head are included that form of money +ordinarily known as "greenbacks," from the color of their backs. They +were originally issued during the civil war, and are promissory notes on +the part of the government, and as such constitute a portion of the debt +of the government. They are paper, which of itself is of no value, and +no coin is deposited in the Treasury which they represent, as in the +case of the gold and silver certificates. They thus cost the government +nothing, and, as they are made legal-tender, and paid out by the +government, they were just so much clear gain to it. At first they were +not redeemable, i.e., exchangeable for coin at the Treasury, but since +1879 they are, and are therefore just as valuable now as any other form +of money, though formerly worth much less than their face value. One +hundred million dollars in gold is kept on deposit in the Treasury for +their redemption. + +5. _#Notes of National Banks.#_--This is the one form of money that is +not issued directly by the Federal government, but through the agency of +what is called our "National Banking System," which may be thus +described: A national bank can be organized by any number of men, +provided the capital stock of the bank is at least $100,000. One-third +of the capital must then be invested in government bonds and deposited +in the United States Treasury. The bank may then issue notes to the +extent of 90 per cent, of such deposit. Such notes are thus amply +secured by the deposits with the government. The government guarantees +their payment, and so they circulate as well as the certificates issued +directly by the government. Thus a great deal of the paper money in +circulation is issued by the national banks, which must, on demand, be +redeemed with coin, and, in case of failure of the banks, are paid by +the government, which reimburses itself from the deposits. A bank-note +differs from a Treasury note in two particulars. The Treasury note or +"greenback" is a promise of the government, and is legal-tender in +payment of all private debts; the bank-note is the promise of a private +company, and is not legal-tender. A bank-note is said to be paid when +the bank gives a greenback or coin for it. A greenback is said to be +paid or redeemed when the government gives gold for it. + +The following figures, taken from the report of the Secretary of the +Treasury for 1889, give the amounts of the various sorts of money +described in the foregoing, which were then in the Treasury, in the +banks, and in the hands of the people: + + Gold coin and gold bullion, $680,063,505 + Silver coin and silver bullion, 343,947,093 + U.S. Treasury notes, 346,681,000 + National Bank-notes, 211,378,963 + Subsidiary coins, 76,601,836 + +It will be noticed that gold and silver certificates are not included, +for, as explained, they merely represent an equal amount of coin or +bullion on deposit. + +The total amount of money is thus approximately $1,660,000,000, which, +divided by the total population, gives about $27 per capita. It should +be borne in mind in connection with these figures that other devices, +such as checks, drafts, bills of exchange, and other forms of credit, +are used side by side with money in carrying on trade and serving the +same purposes. + +By the Compromise Silver Bill of July 14, 1890, provision was made for a +new kind of paper money. By this act the Secretary of the Treasury was +directed to purchase, from time to time, silver bullion to the amount of +4,500,000 ounces each month, and to issue in payment for such purchases +Treasury notes; these notes so issued to be redeemable on demand in +coin, and to be a legal tender in payment of all debts, public and +private, except where otherwise expressly stipulated. + +[Footnote 1: In the preparation of this article, much assistance has +been derived from an article by H.C. Adams contributed to the +_Chautauquan_.] + + + +CHAPTER XIX. + +Public Lands of the United States. + + +Prior to 1781 but six of the original thirteen States--New Hampshire, +Rhode Island, Maryland, Pennsylvania, New Jersey, and Delaware--had +exactly defined boundaries. The others claimed lands of various extents, +stretching to the Mississippi River, or even to the Pacific Ocean. The +title to all this land was then in the individual States, and the +National Government, as such, had no land of its own. This question of +the ownership of the western land was one of the subjects of controversy +and discontent between the States. It delayed the adoption of the +Articles of Confederation for some time. Those States with little or no +land regarded with jealousy their more fortunate neighbors, and would +not consent to a union until a settlement or understanding was reached. + +The Articles of Confederation were adopted only after assurance was made +that all the public lands would be ceded to the Federal Government. This +was finally done by the States. + +The Government formed under the Constitution succeeded to all this land, +and in addition, to further cessions made by the States, the last being +that of Georgia in 1802. The subsequent additions of territory were made +directly to the United States, and not to the States, and all land thus +gained was held as public land to be disposed of by Congress. + +While the area of the United States is 3,603,884 square miles, the +public domain which has been acquired by cession, purchase, or conquest, +to be disposed of by the Government as it desires, has amounted to +2,708,388 square miles, or about two-thirds of the total area of the +country. + +The absolute title to this land, as before stated, became vested in the +United States Government. The disposal of these lands has always been +under the sole power and control of Congress. + +This land was all thinly populated by Indian tribes, who merely hunted +over it, leaving unimproved its natural fertility and vast mineral +resources. These tribes, being actual occupants, were recognized to have +a sort of half interest in the land. This half ownership was always +first extinguished by the United States by purchase for small sums, or +by the granting of certain privileges, etc., before it was opened up for +settlement and occupation by the white man. Land is still held, to a +considerable extent, in this way by the Indians. This right of the +Indians can be extinguished only by the United States, as they are not +allowed to sell or treat at all with individuals or States or foreign +nations. + +Until 1812 the affairs of the public domain were managed by the +Secretary of the Treasury. In that year the office of Commissioner of +the General Land Office was created, which remained a bureau under the +Treasury Department until 1846. On the creation of the Interior +Department in that year, Indian affairs were transferred to it, and have +remained under the same management until the present time. This bureau +has complete charge of all matters relating to the management and +disposal of the public lands, subject to the direction of Congress. + +Almost every conceivable method of disposing of this land has been +followed. The Government has, however, never assumed the position of +landlord and rented the land, except in one case of some mineral land, +and this experiment resulted disastrously. Before the land could be +disposed of, it was necessary that it should be surveyed by the +Government. To do this there was adopted as early as 1776, the so-called +rectangular system, which, with slight changes, has been continued +until the present time. By this system there are first surveyed a base +and a meridian line, crossing each other at right angles, running north +and south and east and west. From these fixed lines the land is surveyed +and marked off into rectangles of six miles square, each thus containing +thirty-six square miles. This is called a township. This is again +divided up into sections of one square mile each or 640 acres, and this +again into quarter sections of 160 acres each. In some cases these are +still further subdivided. + +The regulation and disposition of the public lands has been one of the +chief duties imposed upon Congress. + +The chief methods by which the public lands have been disposed of are as +follows: + +1. _#Educational Grants.#_--Congress from the very first provided +liberally for the establishment of common schools through grants of +public lands for this purpose. As each township is surveyed one quarter +section of 640 acres is set apart for common schools. This has continued +from the beginning down to the present time. In addition, large grants +have been made specially for the endowment of universities. Within later +years land has been given to every State to found State military and +agricultural colleges. Up to the year 1888, there had thus been granted +for educational purposes 77,448,192 acres. + +2. _#Land Bounties for Military and Naval Service.#_--There have been +granted by different acts bounties of public land, in the nature of +pensions, to the soldiers and sailors of the United States Army, on +their honorable discharge, for their service to the Government. The +amount of land thus granted (1880) has been 61,028,430 acres. + +3. _#To the States for Internal Improvement.#_--There was granted to the +States during the years from 1828 to 1846, for the improvement of +rivers, building of canals, wagon roads, railroads, etc., 162,230,099 +acres. + +4. _#Sale of Public Land.#_--Under this head there are two classes of +public land--first, that which may be bought for the minimum rate of +$1.25; and, secondly, the alternate sections along the railroads (the +other alternate sections being granted to the railroads), the minimum +price of which is $2.50. There have been sold in all 192,584,116 acres, +realizing $233,000,000. + +5. #_Under the Pre-emption Acts._#--These acts, passed at various times, +provide that where a man, a citizen of the United States, settles upon +and cultivates for a certain length of time, a tract of land not greater +than 160 acres, the United States will give him such tract. + +6. #_Under the Homestead Acts._#--The homestead laws have created a +better and more certain manner for settlers to acquire land than under +the pre-emption acts. By these acts it is provided that any citizen who +will select either 160 acres of the $1.25 land, or 80 of the $2.50 land, +can then get a permit from the land office, settle on his land, and +acquire a title to it. + +7. _#Under the Timber Culture Act.#_--This act gives to any one the +right to 160 acres of the $1.25 land if he will plant 10 acres in +timber, or 80 acres of the $2.50 land if he will plant 5 acres in +timber. + +8. _#Certain Lands to States.#_--Quite a large quantity of the public +land has been given to the States on account of its quality, as swamp or +overflowed land, and for various reasons, to the extent of 158,417,514 +acres. + +9. _#Grants to Pacific and other Railroad Companies.#_--The nature of +these grants have already been spoken of in another chapter. From 1850 +to 1872 a total of 150,504,994 acres was given for railroad +construction. + + + +XX. + +Reconstruction. + + +The conclusion of the civil war in 1865 did not relieve the United +States Government of its extraordinary difficulties. There was the whole +South, a conquered territory, occupying the anomalous position of a +district, still within the Union, yet possessing no legal state +governments. The Confederate government had now been destroyed by the +North, and the South was thus without a government. Four million slaves +had been liberated, who were uneducated, without money, and living among +people hostile to them. Congress had to provide for and protect these +freedmen in their rights. The work to be done by Congress, was then:--1. +To decide upon what terms and upon what conditions the seceded States +should be re-admitted into the Union, and to provide for them a +government until such re-admission. 2. To protect the negro. + +The South, though in the Union, had at this time, of course, no +representation in Congress, and consequently, the Republicans were in +great majority. Unfortunately, Johnson, who succeeded to the Presidency +at the death of Lincoln, though a Republican, disagreed with his party, +and legislation upon this subject was only secured by passing all acts +over his veto by a two-thirds vote. + +After much discussion, the first Reconstruction Bill, "to provide for +the more efficient government of the rebel States," was passed in 1867, +vetoed by the President, and passed over his veto. Its principal +provisions were--1. The insurrectionary States were to be put under +United States control, and for this purpose divided into five military +districts, over each of which the President was to appoint a commanding +officer. 2. The people of the various States might hold a delegate +convention, elected by the citizens who had not been deprived of the +right to vote for participation in the rebellion. The convention was to +prepare a new constitution, which constitution was to be then submitted +to the vote of the people, and when ratified by them and approved by +Congress, should go into force, and the State be entitled to +representation in Congress. Before approval by Congress the +constitutions adopted by the rebel States had to agree in all the +following particulars: (1) abolishing slavery; (2) declaring null and +void all debts created by States in aid of the rebellion; (3) renouncing +all right of secession; (4) declaring the ordinance of secession which +they had passed null and void; (5) giving the right to vote to all male +citizens, without regard to color; (6) prohibiting the passing of any +law to limit or abridge the rights of any class of citizens. + +In 1868 the Fourteenth Amendment was adopted by a sufficient number of +States, and was declared a part of the Constitution. + +In 1871 all the States were, for the first time since 1861, represented +in both houses of Congress. Reconstruction by Congress was then +completed. + + + +CHAPTER XXI. + +Party Machinery. + + +In all the States, counties, cities, and even in the smaller +subdivisions of wards, political parties are thoroughly organized, with +acknowledged leaders, and under systems of rules or party government. +This party government, or "machine," as it is called, has been created +by no law or constitution, but is one which has been gradually formed by +the voters themselves, and under which they have voluntarily placed +themselves, in order better to succeed in their elections, well +realizing that the best chance of success is by having all the voters of +their party united on certain principles embodied in a party platform, +and having candidates so nominated that the whole party will recognize +them as their choice. + +The aims of party organization are: First, union, that is, having all +voters united as to candidates and platform; and second, recruiting or +the gaining of new adherents. + +There are at present two opposing political parties, both striving for +the control of the Government. Both have very nearly the same system of +party government, but their organizations are totally distinct and +separate one from the other. + +There are two distinct parts of party government. They are; first, sets +of committees, whose business it is to do all the work of managing +elections, such as raising and applying funds for election purposes, +organizing meetings, providing speakers, publishing and distributing +political tracts and other information, and stirring up enthusiasm by +parades and fireworks, etc. They have also the important duty of +calling together nominating conventions. + +The second part of the "machine" embraces the nominating conventions, +which propose the names of the candidates whom their party are to +support for election. These assemblies are called together by the +committees periodically, for the purpose of specific nominations, and +cease to exist as soon as their work is done. Besides nominating +candidates, the conventions draw up the platform, which is a statement +of party principles, beliefs, and pledges. To provide for their +reassembling next time, they also elect a new committee, for the next +term; and also send delegates to the next higher convention. Thus are +found committees and a nominating convention, managing not only national +and state elections, but even arranging and managing elections in the +smaller electoral subdivisions. + +There is a committee and a nominating convention for every city, for +every county, for every district, and for every State. There are, then, +throughout the whole United States, such committees, each controlling +its own local affairs, but yet all related to each other, thus forming +one vast organized system. + +Beginning with the smallest and lowest, let us show their mutual +connections and workings. Starting, then, with the township convention, +or convention of a city ward, we find that all the voters of the party +are called together on a certain day by a committee (which was chosen at +the preceding meeting) for the purpose of nominating candidates for +local affairs, and naming delegates to represent them at the city or +county convention. The city or county convention, composed of these men, +is called together by the city or county committee. It first nominates +candidates for the city or county offices, and selects delegates to the +state convention, and also provides for the next meeting by the election +of a new committee for the ensuing year. In similar manner, just before +every state election, the state convention, composed of city and county +delegates, is called together by the state central committee. Here are +nominated men for state officers; a new committee is appointed to manage +state elections; and also, once every four years, the important duty of +selecting Presidential electors is performed. The Democrats also select, +in this state convention, their delegates to the National Presidential +Nominating Convention. The Republicans select but four delegates from +each State in state conventions, the remainder being appointed in +district conventions. Following the same method the National Central +Committee calls together a National Convention of all the delegates +which have been appointed by the State, for the purpose of (1) +nominating candidates for their party for President and Vice President; +(2) drawing up and accepting a party platform; (3) selecting a new +National Central Committee for the next four years, which committee is +to manage the election campaign and call the next National Convention. + + + +CHAPTER XXII. + +National Conventions and Presidential Campaigns. + + +_#History and Development of the National Convention.#_--In the +Presidential elections of 1789 and 1792 there was no necessity for +regular party nominations, as the whole people were practically +unanimous in favor of Washington. Likewise in 1796 it was so well +understood that Adams was the man desired by the Federalists, and +Jefferson by the Democrats, that formal nominations were not required. +But, commencing with 1800, political parties were more divided in their +choice, and some method was demanded by which it might be decided on +whom the party should unite. From 1800 to 1820 this demand was met by +nominations made by Congressmen, in caucuses, or private meetings, of +the members of each party. This method finally proved unsatisfactory to +the country, but from 1824-1835 no new and better method was invented, +and nominations were made rather irregularly, each State legislature +proposing the name of its favorite. This method of nomination naturally +failed to unite the voters of the party, in all the different States, on +one man, and had to be abandoned. After a failure to revive nomination +for President by Congressional caucuses, a new method was developed and +adopted, which was by National Nominating Conventions, such as we have +to-day. The introduction of this last plan may fairly be dated at 1840. +National Conventions were first held at Eastern cities, but are now held +further West, to accommodate the shifting center of population, Chicago +being the favorite city. The National Convention is composed of +delegates from all the States. Each State sends twice as many delegates +as it has representatives in the National Senate and House of +Representatives, thus making a total now of 802. In addition to these, +the Republicans allow two delegates from each of the Territories. + +_#Method of Procedure.#_--As soon as the State and Territorial +delegations arrive in the city they each elect a member for the new +National Central Committee for the next term. Inside of this committee +is chosen an executive committee, which, in reality, does all the work +of conducting the campaign. The members of this committee are almost +always men of wealth, and are expected to contribute liberally to the +campaign fund. + +The business of the National Convention is commenced by the chairman of +the National Central Committee calling the convention to order. A +temporary chairman is then chosen, who appoints a "committee on +credentials," whose duty it is to decide which delegation shall be +admitted in case two delegations are sent from the same State, both +claiming admittance as representing the party in that State. A +"committee on resolutions" is also appointed to prepare the party +platform. The next day the permanent chairman is appointed. The platform +is then read and adopted, or amended and adopted. There is next an +alphabetical roll-call of the States, when names are proposed and +seconded for nomination as candidates for President. The average number +of names proposed is seven or eight, though sometimes as many as twelve +are offered. As each man is proposed the delegate presenting his name +extols him in a laudatory speech, and gives reasons why his man will +make a strong candidate and an able President. Voting then commences. +Each delegate has one vote. In the Republican convention a majority of +the whole number of the delegates voting for one man is required before +a nomination is reached, while the Democrats require a two-thirds vote. +Sometimes a nomination is made on the first ballot, while at other +times the convention has been so divided that as many as 53 ballots have +been required, as was the case when the Whigs nominated Scott. +Forty-nine ballots were needed when Pierce was nominated by the +Democrats. In 1888 Cleveland was nominated by the Democrats by +acclamation, no vote being necessary to show the wishes of the +delegates. Harrison was nominated by the Republicans on the eighth +ballot. + +A candidate for President having been selected, a Vice President is +nominated in a similar manner, though generally with much less trouble, +and the work of the convention is ended. + +The candidates are now put before the people by their respective +parties. The people, of course, do not vote directly for them, but what +amounts to the same thing, vote for electors, who are pledged to vote +for them. A vigorous campaign of four months then follows, until +election day, in the first week in November. + +Each candidate, a short time after his nomination, is expected to +publish a letter of acceptance, in which he expresses his full +confidence and belief in the platform which his party has adopted, +discloses his views, and outlines what his future policy will be if he +is elected. + +To recapitulate, then, in a few words, let us see how a President is +nominated and elected. + +In nominating the President each voter in caucus or primary meeting +shares in choosing delegates to the ward convention, which chooses +delegates to the city or county convention, which in turn sends +delegates to the district conventions. In these, delegates are chosen +for the State conventions, where Presidential electors are appointed, +and also the delegates sent to the National Convention. + +In the National Convention, composed of delegates sent from the State +conventions and Territories, the Presidential candidate is nominated. +The electors are elected by the people, who in turn elect the nominees +of their National Convention. If State officers, as Governor, +Attorney-General, Secretary of State, Treasurer, etc., are to be +elected, they are nominated in the State conventions and elected by the +people. + +Besides counties, townships, and cities, States have other subdivisions +for political purposes. Thus the whole State is divided into senatorial +districts, each one of which sends one Senator to the State legislature, +and also into smaller districts, each one of which sends one member to +the lower house of the State legislature. Usually a senatorial district +is one or more counties, except in the case of large cities, which may +in itself contain two or more senatorial districts. + + + +CHAPTER XXIII. + +Introduction to the Study of the History of Political Parties in the +United States. + + +A knowledge of the nature of our federal government, and its relations +to the State Governments, of which it is composed, is a prerequisite to +an understanding of the history of our political parties. + +The government of the United States is a federal republic, first formed +by the voluntary union of thirteen commonwealths. At present it is +composed of forty-four united States. It is a government of enumerated +powers, and in this respect differs radically from the governments of +the individual States. As all agree, the Federal Government possesses +only those powers specifically granted to it by the constitution. The +States possess all powers except those granted to the National +Government, and those not prohibited to them by the terms of the +constitution. When the government of the United States desires to +exercise a power, it must be proven that it was the intention of the +framers of the constitution, and so expressed in that instrument, that +it should possess such a power. The States in the exercise of their +powers need only show that they have not resigned that power. If there +be any dispute as to the constitutionality of an act of either Congress +or a State legislature, the point is decided in the final instance by +the Supreme Court of the United States. + +In the political history of our country since the adoption of the +constitution, there have been ever present two great constitutional +questions, in the conflicting answers to which we must seek the origin +and creeds of our great political parties. If we can gain a proper +conception of the character of these two questions, we shall have taken +a long step towards the understanding of the reasons for the conduct of +the various opposing parties, and the basis of the disputes arising +between them. These have been the two questions. First, What is the +extent of the powers granted by the constitution to the National +Government? Second, What is the real nature of our Union; and, arising +under this problem, What is the extent to which the States are justified +in opposing what they believe to be unconstitutional acts on the part of +the National Government; and, Can a State or States, as a last resort, +withdraw from the Union? The remainder of this chapter will be mainly +devoted to a more particular examination of these questions. + +What are the legitimate powers of the United States Government? + +The United States government was the result of the union of thirteen +independent colonies--a union voluntary on the part of the colonies, yet +forced upon them by the evident need of some central power strong enough +to enforce obedience at home and demand respect abroad. The +determination of what and how many the national powers should be, was +the work of the Constitutional Convention. Of the difficulties of this +task we have already spoken. + +In forming a scheme for a central government, there was the double +necessity of creating a government strong enough to perform the duties +for which it was established, and yet not so strong as to endanger the +free self-government of the States. The delicate point to be adjusted +was to give to the Federal Government only such powers as were necessary +for the establishment of an effective National Government, and, as far +as possible, to retain in the States their full governmental powers; in +other words, to harmonize federal strength with State sovereignty. + +The fear exhibited by the States in the debates preceding the adoption +and ratification of the constitution of 1787, that the National +Government might become too strong at the expense of their own powers of +government, was not set at rest by the compromises obtained in the +convention, nor by the eleven amendments adopted soon after the +inauguration of the new government. The reason for the continuance of +this fear is that the constitution is so worded that the powers of the +general government are not precisely fixed. + +The statement sometimes loosely made that a description of our +government is contained in the constitution, is apt to be misleading. +The constitution has served rather as a foundation upon which to build +the government, than as an entire framework. As a distinguished writer +has termed it, "The constitution was meant only as a scheme in outline, +to be filled up afterwards, and from time to time, by legislation." + +A description of our present form of government is far from being +contained in the instrument adopted in 1788. For example, the +constitution makes no mention of how business shall be transacted by the +legislature. Committee Government in Congress owes its existence to no +provision of the constitution. The only mention made in the constitution +of the Speaker of the House, to-day the most powerful officer in the +legislature, is where it is provided that "The House of Representatives +shall choose their speaker and other officers." All executive +departments--the State, War, Navy, Treasury, Post Office, Interior, +Justice, Agriculture, and Labor--have been created from time to time by +act of Congress. Regarding the structure and number of federal courts, +the constitution merely provides that "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." Our elaborate +system of district, circuit, and territorial courts, rests solely upon +congressional enactments. So, too, the constitution gives to Congress +the control of territories, but does not provide how that control shall +be exercised. + +The framers of our constitution were wise in not attempting to specify +more particularly than they did, the manner in which the several powers +granted to the Federal Government should be exercised. They realized +that they were forming a scheme that was to endure for many years, and +that if it was to be capable of meeting the needs of a changing and +rapidly growing country, it would have to be elastic, and contain within +itself the power of adapting itself to new needs and conditions. To +secure the beneficial execution of the powers granted, Congress was +given the power of selecting appropriate means. To have refused the +grant of this power, would have been to attempt to provide by +unchangeable rule for emergencies that could by no possibilities be +foreseen. Or, as Chief Justice Marshall has put it, "It would have been +to deprive the legislature of the capacity to avail itself of +experience, to exercise its reason, and to accommodate its legislation +to circumstances." + +After enumerating the various particular powers given to the Federal +Legislature, the constitution further says (Art. I, Sec. 8) "and [shall +have power] 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." This is the clause under whose +authorization all those powers have been assumed, and functions +exercised, that have made the United States government of to-day so +different from that of 1789. + +The general rule is, as has been said, that the United States government +possesses only those powers granted to it by the constitution. But here, +in this clause just quoted, is a general grant of all powers necessary +or proper for carrying into effect any of the powers particularly +granted. Who or what is to decide just what powers are necessary and +proper for the accomplishment of this object? Naturally people have not +been able to agree upon the question of just what powers are +constitutional or expedient as "implied" under this title of "necessary +and proper" and this question has been largely instrumental in dividing +the people in opposing political parties. There has always been a party, +the members of which, favoring great powers for the States rather than +for the Federal Government, have been "strict constructionists," and +have advocated a close and narrow interpretation of this clause of +"implied powers." From their desire to retain in the State governments +as many powers as possible, they have been known as the "States' Rights +Party." Opposing them has been the party of "loose constructionists," +the members of which have held to a free, liberal interpretation of the +constitution, and have endeavored to increase the power of the Federal +Government. There have never been political parties styling themselves +"Strict Constructionists" and "Loose Constructionists," for these are +terms that have been used not as titles, but as definitions of different +principles of constitutional interpretation. But by whatever name they +may have been known, there have been, during the greater part of our +history, these two political parties, the one holding to the principle +of strict construction and States' Rights, and the other to that of +loose construction and federal power. + +The second fundamental question spoken of in the beginning of this +chapter as underlying national politics, is concerning the nature of our +union and the rights of state nullification and secession. + +A final answer to these questions cannot of course be here attempted, +but that which can be done, is to state in a few words just what their +meaning is, and the points upon which they have turned. When we come to +the consideration of the course of politics in the United States we +shall see the answers that history has given to them. + +The government of the United States is the judge of its own powers, for +it is in its own supreme judicial tribunal that the constitutionality of +both State and Federal laws is finally determined. More than once has a +practical answer been demanded to the question What is to be done by a +State or States when, in their estimation, the National Government has +transcended its powers and legislated in an unconstitutional manner? +Obedience, nullification, or, in the last resort, secession from the +Union, have been the various alternatives that have offered themselves +to the States. Different views of the nature of our Union have sustained +the propriety of the selection of different ones of these alternatives. + +According to the nullification theory, the constitution is held to be of +the nature of a compact between the States as one party and the Federal +Government as the other; and that, as in all contracts, if the +agreements contained therein are broken by the one party, the other +party has the right to refuse its assent thereto. Therefore, if the +United States government attempts the exercise of powers not granted in +the compact, the States have the right to interpose the "rightful +remedy" of "nullification." That is to say, that each State has the +right to determine for itself when an unwarranted power has been assumed +by the general government, and in such a case to declare the obnoxious +law null and of no force within her own boundaries. + +In considering the question of nullification, it is necessary to +distinguish between the theory or rather method of nullification +propounded by Madison and Jefferson in the Virginia and Kentucky +Resolutions, from that of Calhoun brought forward at the time of South +Carolina's resistance to, and attempted nullification of, the Tariff +laws of 1828, and 1832. In the Virginia and Kentucky Resolutions the +Alien and Sedition Acts were solemnly declared to be unconstitutional, +that the Union was a compact, and the States had the right to interpose +the remedy of nullification; but open resistance was not proposed. By +the Jeffersonian theory, it was proposed to obtain the opinion of +three-fourths of the States that the acts were unconstitutional, and +thus to "nullify" them after the manner of a constitutional amendment. +Until such nullification, the laws were to be obeyed. + +The Calhoun doctrine was something entirely different from this. +According to his doctrine, any single State might order at once a +suspension of the law within her borders, and not until three-fourths of +the States in national convention had overruled the nullification could +the State be forced to obey the obnoxious law. To use Calhoun's own +words, his theory was, that "it belongs to the State, as a member of the +Union, in her sovereign capacity in convention, to determine definitely, +as far as her citizens are concerned, the extent of the obligation which +she has _contracted_; and if, in her opinion, the act exercising the +power in dispute be unconstitutional, to declare it null and void, which +declaration would be obligatory on her citizens." The sum and substance +of this was, as Von Holst has pointed out,[1] to give to one-fourth of +the States the power if they saw fit to deprive the Federal Government +of every power entrusted to it, that is, to alter the constitution at +will. + +[Footnote 1: _Constitutional History of the United States_, Vol. I, p. +474, note.] + +The right of secession follows as a logical outcome of the theory of +nullification rigidly carried out. Federal laws are general in their +nature, and if binding anywhere, must be binding everywhere. If then, a +minority of States insist on their right of nullification, the federal +government will be obliged either to admit that every act of Congress is +without any force in a State until it has obtained the tacit approval of +the people of that State, or else it will be driven to the necessity of +obtaining the enforcement of the law by arms. Such employment of force +would of course be but the prelude to secession. Indeed, South Carolina, +in her Ordinance of Nullification, declared that she would secede, if +the United States did not repeal the obnoxious laws, or if she should +attempt to enforce the collections of the tariff duties provided for by +the acts in dispute. According to the Unionist view, it is held that in +no case has the individual State the right to resist the operation of a +federal law, much less does it possess the actual power to pass a law +affecting its relation to, or continuance in, the Union. This view is +supported by an interpretation of the constitution that denies to that +instrument the character of a compact between the States and the +National Government. The constitutional theory of this school is that +the National Government was formed _by the people_ as a whole, and not +by the States. That the States accepted this government, but were in no +sense parties to an agreement between them and the Nation. According to +this view, the Union began with the first acts of resistance taken in +common by the colonies, and is thus, in a sense, older than the state +governments, which were not formed until after the Declaration of +Independence. Also, that when the States gave in 1788 their consent to +the constitution, their consent was irrevocable. Two quotations from +decisions rendered by the Supreme Court of the United States will make +clear the arguments and theory of the Unionists. + +Said Chief Justice Marshall:[1] "The convention which promulgated the +constitution was indeed elected by the state legislatures, but the +instrument when it came from their hands, was a mere proposal, without +obligations or pretentious to it. It was reported to the then existing +Congress of the United States, with a request that it might 'be +submitted to a convention of delegates chosen in each State by the +people thereof, under recommendation of its legislature for their assent +and ratification.' This mode of proceeding was adopted, and by the +conventions, by Congress, and by the state legislatures, the instrument +was submitted to the people. They acted upon it in the only way in which +they can act safely, effectually, and wisely on such a subject, by +assenting in convention. It is true they assembled in their several +States, an where could they have assembled? From these conventions the +constitution derives its whole authority. The government proceeds +directly from the people. The assent of the States in their sovereign +capacity is implied in calling the convention, and thus submitting that +instrument to the people. But the people were at perfect liberty to +accept or reject it, and their decision was final. It required not the +affirmance of, and could not be negatived by, the state governments. The +constitution when adopted was of complete obligation, and bound the +state sovereignties. The government of the Union then, is emphatically +and truly a government of the people. In form and in substance it +emanates from them. Its powers are granted by them, and are to be +exercised directly on them, and for their benefit." + +[Footnote 1: _McCulloch_ v. _Md._, 4 Dall., 316.] + +Said Chief Justice Chase:[1] "The union of the States never was a purely +artificial and arbitrary relation. It began among the colonies, and grew +out of common origin, mutual sympathies, kindred principles, and +geographical relations. It was confirmed and strengthened by the +necessities of war, and received definite form and character and +sanction from the articles of Confederation. By these the union was +solemnly declared to 'be perpetual.' And when the articles were found to +be inadequate to the exigencies of the country, the constitution was +ordained 'to form a more perfect union.' It is difficult to convey the +idea of indissoluble unity more clearly than by these words. What can be +more indissoluble if a perpetual union made more perfect, is not? But +the perpetuity and indissolubility of the union, by no means implies the +loss of distinct and individual existence, or of the right of +self-government by the States.... Without the States in Union, there +could be no such political body as the United States. Not only, +therefore, can there be no loss of separate and independent autonomy to +the States, through their union under the constitution, but it may be +not unreasonably said that the preservation of the States, and the +maintenance of their governments are as much within the design and care +of the constitution, as the preservation of the Union and the +maintenance of the National Government. The constitution in all its +provisions looks to an indestructible Union composed of indestructible +States." + +[Footnote 1: _Texas_ v. _White_, 7 Wall., 750.] + +A civil war of four years' duration has decided the Unionist theory of +our government to be the one under which the Nation is to be governed. +Whether or not, in point of fact, the Nation was older than the States, +and the constitution not a compact, but an indissoluble Union, will +always remain a question to be discussed. The dispute turns upon a point +that does not admit of final determination. We can only theorize. To +maintain the view that the Union is older than the States it is +necessary to show that the Continental Congress was of such a character, +and its powers of such a nature, that a true national government may be +said to have existed before July 4, 1776, and therefore, that the +Declaration of Independence and the consequent transformation of the +colonies into States were not the result of the individual action of +separate colonies, but of the whole people united in a nation. And, +following from this, that the States were never out of the union, but +that the individual colonies became States, only as belonging to the +United States. Consequently that the theory of a 'compact' between the +States and the United States is untenable, for at the time the United +States was born, the States did not exist.[1] + +[Footnote 1: As Lincoln expressed it in his message of July 4, 1861: +"The States have their _status_ in the Union, and they have no other +legal status.... The Union is older than any of the States, and in fact, +it created them as States."] + +To maintain the "Compact Theory" it is necessary to show that the +"Continental Congress" had no properly delegated national powers, and +to it the character of a national government could not fitly be applied, +and that the colonies when they separated from England remained +independent of each other, because as colonies they had been +independent. Therefore, that the initial clause of the Preamble to the +Constitution "We the people of the United States" referred not to all +the people of the United States in their collective capacity, but to the +people of the several States. + +In fine, admitting, as all do, the Continental Congress to have been a +revolutionary body, exercising undelegated powers, the question is, Was +it, or was it not, a _de jure_, as well as _de facto_ national +government, and this is a question that cannot be answered absolutely. + +These opposing views of the character of our constitution have been +stated not with the idea of proving either of them to be the correct +one, but solely to indicate the lines along which political parties have +fought their battles. Thus, it is hoped, the student will be prepared +for an intelligent consideration of the various political parties that +have existed in the course of his country's history. + +To complete the statement of the underlying causes and fundamental +principles that have directed the course of our national politics, it is +necessary to give at least some short account of the natural causes that +have operated irresistibly to divide the North and the South in their +political thoughts and actions. + +Why is it that slavery flourished in the South, but languished and was +gradually abolished in the North? Why is it that the stronghold of the +States' Rights doctrine of nullification and of secession was in the +South, and the citadel of the Unionists in the North? Why is it that +to-day the debate between high and low customs duties, is, to a very +considerable extent, a discussion between the New England and Middle +States and the Southern States? + +To all these questions a very satisfactory answer can be found in the +different physical characteristics of the North and South. The nature +of the soil and climate, as well as the character of the settlers, +predetermined for the Southern colonies an agricultural character, and +for the colonies of the North a commercial and industrial character; +and, already by the end of the eighteenth century we find in them a +marked difference of political and social life. + +From the very start, the South, favored by a mild climate, rich soil, +and broad, low-lying valleys, developed an agricultural life. Slavery +was introduced at an early date, and flourished, the warm climate being +congenial to the negro, and the rude manual labor of the field suited to +his meagre capabilities. The result of these influences was to develop +in the South a system of large ill-worked manors or estates. The +predominance of slave labor, discouraged the immigration of free labor, +and the South remained comparatively thinly settled. The moral effect of +slavery upon the white population was bad. Habits of thriftlessness and +laziness were engendered among the free population, and their social +relations corrupted. + +In the North, an indented coast with many good harbors, a rugged soil, +and a wintry climate, encouraged the development of a commercial and +manufacturing life. Slave labor here proved itself scarcely profitable, +neither the climate nor the nature of the work required, being suited to +the frames and abilities of the African. As compared with the South, the +North soon became thickly settled, and largely as a result of this, +adopted the small area of the town or township as its most important +unit of local government, instead of the larger area, the county, used +in the South. This essential difference in the system of local +government in the North, from that of the South, has remained unchanged +to this day, and has exercised great influence upon the political habits +of the peoples of these two sections. + +At the time of the adoption of the constitution, these differences +between the northern and southern colonies were not so great as they +were soon to become. As contrasted with the North, the agricultural +character of the South was already marked, but the designation of these +two sections as "free" and "slave" states had not yet come into use. It +was the remarkable development of the cultivation of cotton consequent +upon the invention of Whitney's cotton gin in 1793, that gave the +tremendous impetus to the increase of slavery in the South. While prior +to the introduction of this machine, scarcely a single pound of cotton +could be separated from the seed by a man in a day, Whitney's gin made +it possible to prepare for market three hundred and fifty pounds per +day. The nature of the cotton plant rendered it peculiarly fitted to the +climate and soil of the South, and the ease with which it could be +cultivated and prepared for market, made the application of slave labor +extremely profitable. In 1789 many of the southern states exhibited +evidences of a desire and intention to ultimately abolish slavery, but +from this time we hear nothing more of this. After 1800 the number of +slaves increased rapidly. The census of 1790 showed in the southern +colonies 650,000, while that of 1820 showed the number to be over +1,580,000. From 1800 to 1865 the political life of the South is largely +explainable by the interest of its people in, and devotion to, the +institution of slavery. + +The promptness with which, irrespective of party affiliations, the +people of the North assumed the anti-slavery attitude and those of the +South placed themselves under the pro-slavery banner, at the time of the +Missouri contest in 1820, shows the extent to which these two sections +of the United States were already divided upon this great question. The +South, retarded in its growth by the employment of slave labor, as +compared with the North already exhibited an example of arrested +development, and her politicians saw that if the balance of power +between the slave-holding and the non-slave-holding States was to be +maintained, a wider field for the extension of their favorite +institution would have to be provided. It is in the light of this motive +that the desire of the South for the annexation of Cuba and of Texas, +even at the expense of a war with Mexico, is to be interpreted. The +compromise of 1820 satisfied the demands of the slavocracy for a time, +but only for a time. In 1850 the South again demanded, and obtained +concessions. It required a civil war to demonstrate to us the futility +of endeavoring to avert by compromise the conflict that was +irrepressible between the North and South so long as slavery existed in +the one, and was reprobated in the other. + +The different attitudes assumed at the present day by the North and +South in regard to the Tariff question, is explainable by the difference +in the industrial life of these two sections. The North is essentially a +manufacturing centre, and, as such, demands high import duties as a +protection to her manufacturers and merchants. The South is, as a whole, +agricultural, and favors low duties with the idea of thus extending +foreign trade, and affording a larger market for the sale of her raw +products. A striking proof of the influence of the industrial life of a +section in determining its attitude towards the tariff, is seen in the +change of front of Massachusetts after 1824 from free-trade to +protection, this change being wholly due to the predominating influence +acquired by her manufactures over her commerce and agriculture. + + +FINIS. + + + + +NOTES. + + +For the assistance of those who may desire a fuller acquaintance with +the administrative methods of our Federal and State Governments than is +to be obtained from this book, these bibliographical notes are appended. +Not only the authorities actually consulted in the preparation of this +monograph are given, but mention is also made of the most reliable and +accessible sources of information upon the more important topics germane +to the study of Government and Administration. In arrangement, the notes +follow the order of topics used in the text. + + +General Works upon United States Government. + +Worthy of first mention is the admirable work of James Bryce, _The +American Commonwealth_, 2 vols., 1888. To the student of American +institutions and administration these two volumes are indispensable. In +them is contained the best and latest scientific exposition of our +political institutions as they exist to-day. The only criticism that can +be made regarding the work is that the executive departments have not +received sufficient attention as regards the details of their +administration, nor the practical and scientific value of the work +performed by their numerous bureaus. Interesting from an historical +point of view is De Tocqueville's _Democracy in America_, now fifty +years old. Lalor's _Encyclopaedia of Political Science, Political +Economy and American History_ is by far the best work for reference. The +principal articles in the field of political science are contributed by +Dr. J.C. Bluntschli, those upon United States History by the late Prof. +Alexander Johnston, and those upon Federal Administration by A.R. +Spofford, Librarian of Congress. + +Bannatyne's _Hand-book of Republican Institutions in the United States_ +is an authoritative work based upon federal and state laws, and other +authoritative sources of information. It is entirely descriptive and +very complete. Other general works are Mulford's _The Nation: the +Foundation of Civil Order and Political Life in the United States_; +Laboulaye's _Histoire Politique des Etats-Unis,_ 3 vols.; and Lamphere's +_The United States Government: Its Organization and Practical Workings_, +this last being chiefly valuable for its statistical and tabulated +information. + +Among foreign works that consider the theory and practice of the United +States Government, are Bagehot's _English Constitution_; Sir Henry +Maine's chapter on the _Constitution of the United States_ in his +_Popular Government_; E.A. Freeman's article _Presidential Government_ +contained in his _Historical Essays_ (1871); Lord Brougham's chapter on +the _Government of the United States_ in his _Political Philosophy_, +Vol. 3; and E. Boutmy's _Etudes de droit Constitutionel._ For current +political information McPherson's _Hand-book of Politics_, issued every +two years since 1870, is valuable. Besides statistical information +regarding government revenues and expenditures, public debts, votes, +population, names of congressmen, &c.; these hand-books contain +Presidential and Gubernatorial messages, transcripts from the +_Congressional Record_ relating to leading matters discussed in +Congress; and decisions of the Supreme Court that are of general +importance. _The Statesman's Year-Book_, published annually by Macmillan +& Co., is valuable for reference in matters concerning both foreign and +American governments. Bibliographical references are also given to each +existing government. + +John Fiske's recent volume on _Civil Government in the United States_, +stands in merit far above other manuals bearing this name, most of which +are simply running commentaries on the constitution. An excellent +feature of Mr. Fiske's book is the addition of bibliographical notes at +the ends of the chapters. + +The following are manuals that may be recommended as of comparative +merit: Macy, _Our Government: How it Grew, What it Does, and How it Does +it_; Cocker's _Civil Government_; Thorpe's _Government of the People of +the United States_; Martin's _Civil Government_, and Ford's _American +Citizens' Manual_. + +The most complete collection of bibliographical references to the +Constitution of the United States is that prepared by W.E. Foster, and +published as _Economic Tract_ No. xxix, by the "Society for Political +Education," New York. + + +Government. + +Dr. J.C. Bluntschli's _Lehre vom Modernen Stat_, in three volumes, gives +the finest treatment of the various forms and general principles of +governments. A portion of Dr. Bluntschli's work has been translated into +English and published under the title _The Theory of the State_. There +is also a French translation of this work. Other authorities under this +head are: Bluntschli's _Staatswörterbuch_; Woolsey's _Political Science, +or the State Theoretically and Practically Considered_; and +Montesquieu's _De l'Esprit des Lois_. Interesting from an historical +point of view, are the theories contained in the works of political +philosophers in the past. See Plato's _Republic_; Aristotle's +_Politics_, Cicero's _De Republica_; Thomas Aquinas' _Of the Government +of Principles;_ Dante's _De Monarchia_; Machiavelli's _Prince_; Jean +Bodin's _Of the Commonwealth_; Hobbes' _Leviathan_; Filmer's +_Patriarcha_; Hooker's _Ecclesiastical Polity_; Locke's _Civil +Government_; J.J. Rousseau's _Social Contract_; Bentham's _Fragment on +Government_; J.S. Mills' _Representative Government_. + +Pollock's _History of the Science of Politics_, published in the +"Humboldt Library," contains an admirable summary of the views of these +political philosophers. + +The works of several of these authors (Hobbes, Hooker, Locke, Filmer, +Machiavelli) are contained in "Morley's Universal Library," published by +Routledge at one shilling per volume. + +For theories regarding the origin and development of government, see +Maine's _Ancient Law, Early History of Institutions_, and _Early Law and +Custom_; Spencer's _Principles of Sociology_, Vol. I; Morgan's _Ancient +Society_; McLennan's _Studies in Ancient History_, and _The Patriarchal +Theory_; and Bagehot's _Physics and Politics_, published in the Humbolt +Library. The contract theory of government is presented in various forms +in the works of Hobbes, Hooker, Locke and Rousseau. + + +Functions of Government. + +The proper limits of state action are discussed in Mill's _Essay on +Liberty_; Huxley's _Administrative Nihilism_ (Humboldt Lib.); Spencer's +_Social Statics, Man versus the State, The Coming Slavery_, and _The +Sins of Legislators_ (Humboldt Lib.); Stephen's _Liberty, Equality, +Fraternity_; Humboldt's _Sphere and Duties of Government_; and H.C. +Adams' _State in Relation to Industrial Action_, published by the +American Economic Association. Wilson's _The State_ contains a valuable +chapter upon the functions of government. For a description of existing +forms of government, Prof. Woodrow Wilson's _The State_ is very +valuable. See also _Statesmen's Year Books_. + + +Colonial Governments. + +Volumes III, IV, and V of Winsor's _Narrative and Critical History of +America_, 8 vols., contain excellent monographs upon the founding, +history and nature of government of the various colonies. Doyle's two +volumes, entitled _The English Colonies in America_, present an +exhaustive study of the American colonies from an European point of +view. A handy digest of this work is contained in his small _History of +the United States_, published as one of the volumes in "Freeman's +Historical Course for Schools." Lodge's _Short History of the English +Colonies in America_ is chiefly devoted to colonial social life. In the +preparation of the chapter upon Colonial Governments, we have obtained +the most assistance from the first volume of Story's _Commentaries upon +the Constitution_. Pages 15 to 50 of Hannis Taylor's _Origin and Growth +of the English Constitution_ are important. Fiske's _Beginnings of New +England_ is an extremely interesting description of the early history of +a single section. Steps Toward Union and Independence. + +See especially Story's _Commentaries_; Frothingham's _Rise of the +Republic of the United States_; Scott's _Development of Constitutional +Liberty in the English Colonies in America_; Fiske's _Critical Period of +American History_; and A.B. Hart's _Formation of the Union_, 1763-1829, +to appear in the series, "Epochs of American History." For the Albany +plan of union see Franklin's _Life and Letters_, Vol. 4. For an account +of the causes leading to revolution written from an essentially English +standpoint, see Lecky's _History of England in the Eighteenth Century_, +Vol. IV. + + +Articles of Confederation. + +Best upon this subject are: Curtis' _History of the Constitution_; +Marshall's _Life of Washington_; Bancroft's _History of the United +States_; and Winsor's _Narrative and Critical History of America_, Vol. +VII, article _The Confederation_ by the Editor. See also _Secret +Journals of Congress_, and authorities cited above. + + +Constitutional Convention and the Adoption of the Constitution. + +See authorities cited above, and J.A. Jameson's _Treatise on +Constitutional Conventions_. The official sources of information are: +the meagre _Journal, Acts, and Proceedings of the Convention_; and +Elliot's _Debates in the Several State Conventions on the Adoption of +the Federal Constitution_, * * * * _together with the Journal of the +Federal Convention_, the last volume of which contains Madison's notes +of _Debates in the Federal Convention_, frequently called _The Madison +Papers_. + + +The Constitution. + +The number of valuable works concerned more or less directly with a +study of the Constitution is very great. Only a very few can be +mentioned. A very complete list of references to the Constitution, is +that by W.E. Foster, already referred to. The leading works upon +Constitutional Law are Cooley's _General Principles of Constitutional +Law_, and _Constitutional Limitations_; Von Holst's, Hare's and +Pomeroy's treatises on Constitutional Law. Story's _Commentaries on the +Constitution_ are invaluable. The character and value of _The +Federalist_ have been noticed in the text (p. 25). On Constitutional +Amendments, see Johnston's article on _Amendments_ in Lalor's +_Encyclopaedia_. Concerning Constitutional developments, due to judicial +construction, see Willoughby's _Supreme Court of the United States: its +History and Influence in our Constitutional System_, published in the +Johns Hopkins Studies, Extra Vol. VII; and _The Constitutional History +of the United States as Seen in the Development of American Law_, by +Judge Cooley and others, edited by H.W. Rogers. _The Unwritten +Constitution of the United States,_ is the title of a very recent book +by C.G. Tiedeman. + +For constitutional development due to war experiences, see Dunning's +_United States in Civil War and in Reconstruction_. W.E. Foster has in +press a pamphlet of references on _The United States Constitution in +Civil War_. + +On Federal Government, see Jellinek's _Die Lehre von den +Staatenverbindungen_; and Hart's _Introduction to the Study of Federal +Government_, Harvard Historical Monographs, No. 2. Besides giving an +outline of the political history of the successive federations in the +world's history, with an account of the literature upon each, Mr. Hart's +monograph contains a very excellent bibliographical note on Federal +Government in general, and the United States Constitution in particular. + +The laws of the United States are known as _United States Statutes at +Large_. In 1878 was published a large volume containing all Federal laws +in force in 1874. In 1881 was published a Supplement (known as +_Richardson's Supplement_) containing congressional legislation during +the years 1874--1881. + + +Congressional Government. + +The official reports of the debates of Congress have been published +under the following titles: _Annals of Congress_ (1789--1823), +_Congressional Debates_ (1824-1837), _Congressional Globe_ (1833-1873), +_Congressional Record_ (1873 to the present time). Benton's _Abridgment +of Debates_ in 16 volumes covers the period 1789 to 1850. + +McPherson's _Handbook of Politics_, already cited, contains accounts of +the more important debates in Congress. Printed copies of bills and +reports of committees can be obtained upon application. For the best +descriptions of the practical working of Congress, see Bryce's _American +Commonwealth_, and Woodrow Wilson's _Congressional Government_. In both +of these works our committee method of congressional legislation is +compared with the English method of Parliamentary legislation under the +leadership of a responsible ministry. The conclusions obtained from this +comparison by the latter author, are especially unfavorable to the +United States. Other references to works comparing English and American +methods of legislation, are Snow's _Defence of Congressional +Government_, published in the papers of the American Historical +Association, Vol. IV; A.L. Lowell's _Essays on Government_; Bagehot's +_English Constitution_; Bourinot's article, _Canada and the United +States, Scottish Review_, July, 1890, and Annals of the American Academy +of Social Science, No. I; and an article by Hon. Joseph Chamberlain, +_Shall We Americanize Our Institutions?_ Nineteenth Century, December, +1890. _The Congressional Directory_, published annually, contains much +handy information regarding the constitution and officers of Congress, +and of the various federal departments at Washington. For an account of +the work done during the last session (1889-90), see _North American +Review_, November, 1890. Regarding the recent controversy on the power +of the Speaker of the House of Representatives to count as present +members in the hall, but not answering to the roll-call, see the _North +American Review_ for October, 1889; the Nos. for March, May, July, +August and October, 1890, also contain interesting articles on the same +subject. + + +Executive Departments. + +Of especial and authoritative value is the report of a select committee +of the Senate to _Enquire into and Examine the Methods of Business and +Work in the Executive Departments_, in 3 vols., known as Cockrell's +Report, or Senate Report 507, 50th Cong., 1st Sess., and also a +supplementary report in one volume, dated March 28, 1889. For other +official sources of information, see the annual reports of the various +departments, and of the individual bureaus. See also special reports +mentioned in the text. On diplomatic relations, see the annual report of +the Secretary of State _On Foreign Relations_, and _Treaties and +Conventions between the United States and Other Powers_ (1776-1887), +published by the same department. The _Consular Reports_, issued from +time to time by the State Department, are of value as furnishing +economic information regarding foreign countries. The reports of the +Secretary of the Treasury are of extreme statistical and financial +value. For handy use the _Statistical Abstract_ is issued annually by +the Treasury Department. The reports published by the Department of +State, of the _International Conferences of 1878_, and of _1881_, and +that of Edward Atkinson on _The Present Status of Bimetalism in Europe_ +(1887), are of especial value upon monetary topics. In 1886 the Treasury +Department issued a volume of _Laws Relating to Loans, and the Currency, +Coinage and Banking_. Besides his annual report the Director of the Mint +publishes annually a report on the _Production of Gold and Silver in the +United States_. For an account of the Sub-Treasury system, see Bolle's +_Financial History of the United States_. Concerning the evils of this +system, see an article by Prof. J.L. Laughlin in the _North American +Review_, Vol. 137, p. 552. + +Regarding the Silver Question and other important public questions +coming within the province of the Treasury Department, information can +be derived from recent periodicals. Poole's _Index to Periodical +Literature_ should also be consulted. An interesting account of the +Pension Office is contained in the _Atlantic Monthly_, January, 1890. +Regarding the Interstate Commerce Commission, see the book by Don Passes +in Putnam's "Questions of the Day" series. See also Political Science +Quarterly, Vol. II, pp. 223 and 369. + +The Eleventh Census is now being compiled, and Bulletins are issued from +time to time by the superintendent. Postmaster-General Wanamaker has +recently issued a pamphlet in support of a _Limited Post and Telegraph_. + +Concerning the constitutional powers possessed by executive officers, +see A. Conkling's _Powers of the Executive Departments_; de Chambrun's +_The Executive Power,_ and chapter VII of Willoughby's _Supreme Court of +the United States_. The _Official Register of the United States_, issued +annually in two large volumes, contains the names and positions of all +persons in federal employment. The second volume is devoted exclusively +to the Postal Service. Very many of the government reports mentioned in +this note will be sent to any address upon application. + +_A descriptive catalogue of all government publications_ arranged in +chronological order, from 1774 to 1881, was prepared by B.P. Poore and +published by the government. + + +Federal Judiciary. + +Among the treatises upon the practical working of the Federal Judiciary +are: B.R. Curtis' _Federal Courts_; Bryce's _American Commonwealth_; and +Willoughby's _Supreme Court of the United States_, already referred to. +For an excellent description of the relations between the Federal and +State courts, see Chamberlain's lecture published in _The Constitutional +History of the United States as seen in the Development of its Law_. The +reports of decisions of cases tried in the Supreme Court are contained +in one hundred and thirty-three volumes. Until 1875, these volumes were +known by the names of the reporters, viz.: Dallas, Cranch, Wheaton, +Peters, Howard, Black, and Wallace. Since 1875 they have been designated +simply as _United States Reports_. + + +Ordinance of 1787. + +For text and comments see _Old South Leaflet_ No 13 (Heath & Co., price +five cents). For _The United States Constitution and the Ordinance of_ +1787 _in Relation to Education_, see Magazine of American History, +September, 1888. See also Papers of the American Historical Association, +Vol. III; pamphlets by Dr. Poole and F.D. Stone, and Sato's _History of +the Land Question in the United States_, Johns Hopkins University +Studies, Series IV. + + +Territories. + +The reports of the Governors of the various territories to the Secretary +of the Interior furnish an official source of information. Regarding the +government of, and conditions of admission of territories as States, see +especially Bannatyne's _Republican Institutions in the United States_. + + +State Governments. + +For the text of State constitutions see B.P. Poore's _Federal and State +Constitutions, Colonial Charters, and Other Organic Lows of the United +States_, in two vols. (1877), published by the government. For further +information regarding State constitutions consult Davis' _American +Constitutions_, in the Johns Hopkins University Studies, Series III; +Jameson's _Introduction to the Constitutional and Political History of +the States_, Johns Hopkins University Studies, Series IV; and +Hitchcock's _American State Constitutions_ (Putnam's "Questions of the +Day" series). See also of course Bryce's _American Commonwealth_. For +_Recent Tendencies in State Activities_, see paper by W.F. Willoughby, +to be published in the "Papers of the American Historical Association," +Vol. V., and articles by Dr. Albert Shaw, entitled _American State +Legislatures_, in Contemporary Review, October, 1889, and _The American +State and the American Man_, in the same review for May, 1887. The +_Forum_ for November, 1890, contains an interesting description of the +_Six New States_, by Senator Cullom. For histories of the individual +States, see the series of "American Commonwealths," edited by H.E. +Scudder, and published by Houghton, Mifflin & Co. Those for Connecticut, +Indiana, Michigan, Missouri, Kansas, California, Maryland, Kentucky, New +York, Ohio, Colorado, Oregon, and Virginia, have already appeared. + + +Local Government. + +Among authorities on Local Government are various monographs upon this +subject in the several States, contributed to the _Johns Hopkins +University Studies in Historical and Political Science_. See also Bryce +and Bannatyne. + + +City Government. + +See J.H.U. _Studies_, Vol. IV, Nos. 4, 10; Vol. V, Nos. 1, 2, 3, 4; Vol. +VII, Nos. 1, 3, 4. Also supplementary volume, _Philadelphia, 1681-1887: +a History of Municipal Development_, by Allinson and Penrose. Simon +Sterne has an able article on "Cities" in Lalor's _Encyclopaedia_. See +also chapters in Bryce's great work, and articles in the Political +Science Quarterly for June, 1887, and June, 1889; Forum, Vol. II, pp. +260, 539; and Quarterly Journal of Economics, January, 1890. + +The report of the New York Commission on "_A Plan for a New Government +of New York_," 1876, is valuable, as are also several of ex-Mayor +Hewitt's messages. Prof. Gniest has a suggestive article on Berlin, the +best governed city in the world, in the _Contemporary Review_, Vol. 46. +Shaw's article on Glasgow in the Century, March, 1890, is likewise +instructive. Spofford's _City of Washington and Growth of United States +Cities_ is interesting. Ely's _Taxation in American States and Cities_ +contains many excellent suggestions for improvements in our methods of +municipal administration. See also Ely's _Problems of To-day_. Putnam is +publishing a series entitled _Great Cities of the Republic_. The Stories +of New York, Boston and Washington have thus far appeared. + + +Government Revenue and Expenditure. + +Federal and State finance reports furnish official information. +Seligman's _Finances of American States and Cities_, published by the +American Statistical Association, 1890, is valuable, and furnishes +excellent statistical and tabulated information. Ely's _Taxation in +American States and Cities_ contains much information. Spofford's +article on _The Budget_ in Lalor's _Encyclopaedia_ is extremely +instructive. H.C. Adams' _Public Debts_ is one of the ablest financial +works in the English language. The proper administration of Federal and +State finances is discussed, and the subject of national and local debts +considered. Bolle's _Financial History of the United States_, in three +large volumes, is an able work, and can be consulted with profit. + +Census Bulletins, Nos. 6 and 7, describe respectively _The Indebtedness +of States in 1880 and 1890_, and _The Financial Condition of Counties_. + + +Money. + +See reports of the Director of the Mint, and of the Comptroller of the +Currency. See also Knox's _United States Notes_; Simmer's _History of +American Currency_, and text-books on _Political Economy_. + + +Public Lands of the United States. + +Sato's _History of the Land Question in the United States_, Johns +Hopkins University Studies, Series IV, is the best book for reference. +The official source of information regarding the public lands is +Donaldson's enormous report of 1341 pages on _The Public Domain: its +History with Statistics_ (1884), published by the government (House +Executive Documents 47, Part 4, 46th Congress, 3d Session.) For a short +account of _The Disposition of Our Public Lands_, see an article by A.B. +Hart, in the Quarterly Journal of Economics, January, 1887. Statistical +tables are appended to this article. + + +Reconstruction. + +See Johnston's article in Lalor's _Encyclopaedia_, and authorities there +cited. Also McPherson's _History of Reconstruction_, Dunning's _United +Stales Constitution in Civil War and in Reconstruction_, and W.E. +Foster's _References on the United States Constitution in Civil War_, +about to be published (1891). + + +Party Machinery and National Conventions. + +See especially Bryce's _American Commonwealth_, and Ostrogorski's +_Organisation des parties politiques aux Etats-Unis_. On the Caucus see +Whitridge's _The Caucus System_, published as "Economic Tract" No. 8, by +the Society for Political Education, New York. + + +Political Parties. + +Winsor's _Narrative and Critical History of America_ contains a short +history of political parties by Professor Alexander Johnston. See also +Johnston's admirable manual, _History of American Politics_, a book +especially adapted for school use. Von Holst's _Constitutional and +Political History of the United States_, six volumes, contains the most +comprehensive treatment of the history of political parties. Schouler's +_History of the United States under the Constitution_, is an exceedingly +able and interesting work. Four volumes bring this history down to 1847. +The fifth volume soon to appear, will bring the narrative down to the +Civil War. + +The first volume of Von Holst is especially interesting, as giving +statements of the various theories held regarding the origin and nature +of our constitution. Upon Nullification and Secession, see Von Holst's +_Life of Calhoun_; Stephens' _War between the States_; Greeley's +_American Conflict_; McPherson's _Political History of the Rebellion_; +and articles in Lalor's _Encyclopaedia_. The _American Statesman +Series_, now being published by Houghton, Mifflin & Co., contains +valuable biographies of leading American statesmen. See especially in +this series Schurz's _Henry Clay_; Morse's _Jefferson_; Lodge's +_Webster_; and Von Holst's _Calhoun_. Upon the Economic contrasts +between the North and South, see Von Holst's Constitutional History, +Vol. I, Chapters IX and X. Taussig's _History of the Tariff_, gives the +best history of this much debated subject. + + + + + + + +End of the Project Gutenberg EBook of Government and Administration of the +United States, by Westel W. Willoughby and William F. 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You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: Government and Administration of the United States + +Author: Westel W. Willoughby and William F. Willoughby + +Release Date: April 24, 2004 [EBook #12136] + +Language: English + +Character set encoding: ISO-8859-1 + +*** START OF THIS PROJECT GUTENBERG EBOOK GOVERNMENT OF THE UNITED STATES *** + + + + +Produced by Juliet Sutherland, Shawn Cruze and PG Distributed +Proofreaders + + + + + +JOHNS HOPKINS UNIVERSITY STUDIES +IN +HISTORICAL AND POLITICAL SCIENCE + +HERBERT B. ADAMS, Editor + +History is past Politics and Politics present History--_Freeman_ + + + +NINTH SERIES +I-II + + +GOVERNMENT AND ADMINISTRATION +OF THE +UNITED STATES + +BY + +WESTEL W. WILLOUGHBY, A.B. +_Fellow in History_ + +AND + +WILLIAM F. WILLOUGHBY, A.B. +_U.S. Department of Labor_ + + + +1801 + + + + +TABLE OF CONTENTS. + +Chapters. + +I. Preface + +II. Government + Monarchy + Absolute + Limited + Aristocracy + Democracy + Republic + Popular Government + +III. Functions of Government + Necessary + Optional + +IV. Colonial Governments: Their Relation to Each + Other, and to England + Provincial + Proprietary + Charter + +V. Steps Toward Union--Articles of Confederation + New England Confederation + Albany Convention + Stamp Act Congress + First Continental Congress + Second Continental Congress + Articles of Confederation + Elements Tending to Separation and to Union + Purposes of the Confederation + Scheme of Government under the Articles + Defects of the Articles + +VI. Adoption of the Constitution + The Constitutional Convention + Arguments For and Against Adoption + +VII. Presidential Succession + +VIII. Election of Senators + +IX. Congressional Government + +X. Cabinet and Executive Departments + State Department + Treasury Department + War Department + Navy Department + Interior Department + Commissioner of Land Office + Commissioner of Pensions + Commissioner of Patents + Commissioner of Indian Affairs + Bureau of Education + Commissioner of Railroads + Geological Survey + Superintendent of the Census + Post Office Department + Department of Justice + Department of Agriculture + Department of Labor + Interstate Commerce Commission + Fish Commission + Civil Service Commission + Government Printing Office + National Museum, Smithsonian Institution, and Bureau + of Ethnology + Librarian of Congress + +XI. The Federal Judiciary + Federal Judicial System + District Courts + Circuit Courts + Jurisdiction + +XII. Ordinance for Government of the Northwest Territory + +XIII. Government of Territories + Admission of a Territory as a State + +XIV. State Governments + State Constitutions + State Legislatures + State Executives + State Judiciary + +XV. Local Government + In New England + In the South + In the West + +XVI. City Government + +XVII. Government Revenue and Expenditure + Federal Government + State and Local Taxes + Expenditures + Maryland + Baltimore + +XVIII. Money + Gold Coin, Gold Bullion, and Gold Certificates + Silver Dollars and Silver Certificates + Subsidiary and Minor Coins + Treasury Notes + Notes of National Banks + +XIX. Public Lands of the United States + Educational Grants + Land Bounties for Military and Naval Service + Land Grants to States for Internal Improvement + Sale of Public Land + Under Pre-emption Acts + Under Homestead Acts + Under Timber Culture Act + Certain Lands to States + Grants to Pacific and other Railroads + +XX. Reconstruction + +XXI. Party Machinery + +XXII. National Conventions and Presidential Campaigns + History and Development of the National Convention + Method of Procedure + +XXIII. Introduction to the Study of the History of + Political Parties in the United States + +Bibliographical Note + + + + +GOVERNMENT AND ADMINISTRATION +OF THE UNITED STATES. + + + +CHAPTER I. + +Preface. + + +These chapters were originally prepared for and used as a manual in the +public schools of the District of Columbia. In a revised and amplified +form they are now published as one of Johns Hopkins University Studies +in History and Politics. + +The aim of this revision is to furnish assistance to students beginning +the study of the history and practical workings of our political +institutions. It is not the purpose to furnish a complete text-book upon +the government of the United States and its administration, but, by a +clear, concise statement of the salient points of our federal system, +and a description of the actual workings of the characteristic features +of our institutions, to give to the student a better understanding of +the manner in which the same are administered, than is to be obtained +from the ordinary text-books on Civil Government. + +These Outlines are intended as an aid to both teacher and pupil, and for +use in a class whose members are already familiar with the leading +events and names in United States history. The work is intended to +furnish such supplementary information as can be obtained only with +great difficulty by most teachers, and which for the most part cannot be +obtained at all by the pupils. + +The authors have endeavored to make prominent the fact that our present +form of government is far from being contained in the written +constitution of 1787, and consequently, that a study of that instrument +alone will give a very inadequate idea of our government as it is. The +constitution was but a foundation upon which to build a government. + +Nothing like an analysis or commentary upon the constitution of the +United States is here attempted. The public is already well supplied +with books covering that ground. History proper, except as showing the +basis and reason for the establishment of our institutions, has likewise +found no place here. + +The book is to be used chiefly as a manual, to supply information that +would otherwise need to be dictated by the instructor. The Outlines are +in many particulars merely suggestive. Many topics are simply mentioned, +which the teacher must elaborate and explain at greater length. + +Lastly, though this book does not pretend to give a connected account of +our administration or politics, yet the subjects have been carefully +arranged in such an order as would most naturally be followed in a +course to which the work is intended to be an aid. + + + +CHAPTER II. + +Government. + +From the earliest times of which history furnishes authentic record, and +in all countries inhabited by man, people have found it necessary to +bind themselves together by civic regulations so that certain things may +be done by all in common--in short, to establish some form of +government. + +Now, as has always been the case, there are certain things which, from +their very nature, cannot be left to each individual to do, or not to +do, as he may choose, or to do in his own way. First of all, there is +the necessity of some means by which the weak may be protected from the +strong. The individual must be protected in his life and liberty, and +there must be some guarantee to him, that if he is industrious the +enjoyment of the product of his labor will be secured to him. Human +nature being imperfect, disputes and injustice are sure to arise. Hence +comes the necessity of some power above the citizens and able to command +their obedience, some power that can administer justice according to the +rights and not according to the strength of individuals. + +To thus control the actions of individuals, this power above the +citizens, this government, must possess functions of three kinds. First, +legislative power, or power to declare the rules of conduct to which the +citizen must conform; second, judicial power, or power to interpret and +declare the true meaning of these rules, and to apply them to the +particular cases that may arise; and third, the executive power, or +power to carry into execution these laws, and to enforce the obedience +of the citizens. + +To the student nothing could be more interesting and instructive, than +to trace how, as tribes and nations have progressed in civilization, +government has advanced in its development. How, as men have progressed, +first from the condition of savage hunters to the roving feeders of +flocks, then to tillers of the soil with fixed places of abode, and +finally to builders of cities teeming with trade, commerce and +manufactures; how as men have thus improved in civilization and material +well-being, their mutual duties and common interests have become more +and more important and numerous, and government as controlling these +interests and duties, has developed in form and improved in structure +until it has become an all-powerful, complex machine, controlling in +many ways the actions, and even the lives of its citizens. + +For thousands of years, governments have been developing and changing in +form and functions, and a very large part of the history of the nations +of the globe is identified with the history of the development and +changes of their governments. As new conditions and needs have arisen, +governments have adapted themselves to them. In some cases this has been +done peacefully, as in England, and in others violently, by +revolutionary means, as in France. In some cases functions previously +exercised have been relinquished, in others, new powers have been +assumed; but in the majority of cases, the change has been merely in the +manner of exercising this or that power. + +All peoples have not the same characteristics, nor have they developed +under the same conditions of climate, soil or situation. Different +nations have, therefore, developed for themselves different forms of +government. Yet these governments, however different in their structures +and administration, are in all cases distinctly referable to four well +defined types: Monarchy, Aristocracy, Democracy, and the Republic. +_#Monarchy.#_--A monarchy is a nation at whose head is a personal ruler, +called King, Emperor, or Czar, who has control of the government, +appoints the principal officers of state, and to whom in theory at +least, these appointees are responsible for their actions. Thus England, +Germany, Spain, Italy, Sweden, and others are monarchies. The sovereign +holds his position for life, and usually acquires his throne by +inheritance. Where the crown is nominally elective, as in England, +kingship is practically hereditary, the regular line of descent being +departed from only upon rare occasions. + +The amount of power actually exercised, the responsibility borne by the +sovereign varies widely in different countries, and upon the basis of +these differences monarchial forms of government are classified under +the two heads, Absolute and Limited Monarchies. + +_#An Absolute Monarchy.#_--An absolute monarchy is one in which the +sovereign or ruler is possessed of supreme power and authority, and +controls absolutely, without limitation or interference, all the powers +of government. His word is law and requires not the sanction of the +people. His commands are absolute and require not the formality of +judicial procedure, and are not necessarily in conformity with existing +laws. Implicit obedience to his commands, however arbitrary, may be +demanded, and there is no appeal. These are, theoretically, the powers +of the absolute monarch. Practically, however, he is constrained to keep +within fair bounds of justice and good policy, lest his subjects be +goaded to rebellion and revolution. The absolute form of monarchy exists +to-day in the empires of Russia and Turkey. + +_#A Limited Monarchy.#_--A limited monarchy is one in which the +ruler, though at the head of the government, is not absolute, but is +limited in his powers by the action of a body of men, selected by the +people, who make the laws by which the nation is to be governed. The +respective rights and powers of the sovereign and of the law-making +body, are determined by a collection of rules, written or unwritten, +collectively known as the constitution. The constitution contains the +fundamental law of the land. All acts of the government to be valid, +must be constitutional, that is to say, in conformity with the rules +laid down in the constitution. For this reason limited monarchies are +also known by the name of Constitutional Monarchies. + +England is the most conspicuous example of a limited or constitutional +monarchy. In consideration of our former connection with her, and the +extent to which we have derived our ideas of government from her +political institutions, it will be of great assistance to us if we stop +for a moment to consider her government, before proceeding to a study of +our own. + +The sovereign of England is termed King or Queen. Originally possessed +of almost absolute power, the English ruler, at the present day +possesses very little actual power and influence, much less in fact than +the people of the United States have entrusted to their President. The +constitutional history of England is largely the narrative of the +successive steps by which the people have wrested from royal hands and +taken under their own control, the powers of government. + +The rights of the English people in the participation of their own +government are not contained in the written document, such as we possess +in our constitution, but rest upon established custom and precedent, and +various charters wrested from their kings. + +The English Parliament, or, to speak more exactly, the lower branch of +the Parliament, called the House of Commons, rules the English people. +The Parliament or law-making branch of the English government, is +divided into two houses, the House of Lords, and the House of Commons. +The House of Lords is, as its name denotes, composed mainly of members +of the noble families of England, who owe their seat in that body to the +chance of birth. Theoretically possessed of powers of legislation equal +to those exercised by the lower and more numerous branch (the Commons), +the Lords have in reality but a small voice in the control of public +affairs. The House of Commons is composed of members elected by the +people. In this body reside almost all the powers of government. Its +acts require the assent of the House of Lords and of the King, but this +assent is almost wholly formal. The sphere of legislation allowed the +English Parliament is unlimited, differing in this respect fundamentally +from our Congress, which is limited in its legislative field by the +Constitution. From the English Parliament is selected the "Cabinet" +consisting of the principal executive officials, who guide the House in +its legislation, and at the same time conduct the executive affairs of +the nation. These ministers, as they are called, are appointed by the +king from the party in the majority in the House of Commons. They are +responsible to that body for all their actions, and retain their offices +only so long as they retain the confidence and good will of the Commons. + +_#An Aristocracy.#_--An aristocracy is a government in the hands of a +select few, called the aristocracy, who transmit this authority to their +children. There are to-day no aristocratic governments proper, though +many nations exhibit aristocratic tendencies. In nearly all of the +European countries, one branch, at least, of their legislatures is +composed of members holding their seats on account of noble birth, thus +admitting the aristocratic element into their governments. + +_#Democracy.#_--A pure democracy is a government in which all the people +rule directly, meeting in popular assemblies in which is determined by +the votes of the majority how the government is to be administered. This +form of government is obviously possible only in very small communities. +Several of the Grecian states governed themselves after this manner. No +perfect example of a nation with this form of government can be said to +exist at this time. The nearest approach to pure democracy is found in +certain cantons of Switzerland. The Roman historian Tacitus tells us +that the early Germans governed themselves in a purely democratic +manner, and the first governments of several of our American colonies +were of the democratic type. When we come to the study of local +government in the United States we shall see the democratic form +followed in the New England Town Meetings. + +_#Republic.#_--A republic is a democracy adapted by means of the +introduction of the representative principle, to the government of a +large and widely separated people. Under this form of government the +people rule themselves, not directly, as in a democracy, but through +agents or representatives of their own selection. The participation of +the people in their own government consists therefore merely in the +choice of officers to represent them and carry out their wishes. There +exist at present several republics, the tendency seeming to be for +nations to approach more nearly this form of government. France has +been, since 1870, the best European example of a republic. Our own +government--the United States of America--is to us the most interesting +and important example of a republic. + +_#Popular Government.#_--By the word 'popular' is meant, of or by the +people, and by popular government is to be understood a government in +the administration of which the people as a whole participate. Every +change by which new and greater political powers are given into the +hands of the common people is considered a step towards the full +realization of popular government. During the last one hundred years +great strides have been made in this direction by all European nations +except Turkey and Russia. The extent to which this movement towards +popular control of government can be safely and successfully carried is +a question of very great importance. To a very large extent it depends +upon the intelligence, previous training, and natural political ability +of the people who are to be entrusted with their own government. + + + +CHAPTER III. + +The Functions of Government. + + +Broadly speaking, the functions performed by government are of a +threefold order: the establishment, interpretation, and enforcement of +laws. A division of government into three branches is thus called for: +the legislative, the judicial and the executive. The manner in which +these departments are related to each other, the extent to which they +are vested in the same hands, and the degree in which they are separate +from each other and independent in their workings, differ in different +countries. In England, as we have seen, the executive and legislative +functions are closely united. In our government, as we shall see when we +come to consider its structure, complete independence of the three +departments has been aimed at. + +All statesmen agree that a good government should possess ample power to +interpret its own laws, and sufficient strength to fully enforce them. +When we come, however, to the question of what are the proper subjects +for control by government, and what for free management by individuals, +we reach a subject upon which writers and thinkers have been unable to +agree. + +Under the great question, over how broad a field it is expedient and +right to extend the activities of government, are embraced many of the +great topics at present agitating the public mind. Difference upon this +point has been one of the underlying causes of the existence of +political parties in the United States, and has furnished one of the +real springs of our history. Communism, socialism, and anarchy, may be +embraced under this question. This it is that makes the study of the +principles of government, especially in the United States, so important +to every one who would understand the political life around him, and be +able to form an intelligent decision upon the questions of the day. +Shall the nation or the state own and manage the railroads, the +telegraph lines, and the canals? Shall education receive the support of +the state? Shall the employment of women and children in mines and +factories be regulated by law? Shall the city own its own street +railways, its markets, its water and gas supply, its telephones, and its +water fronts? Shall this or that duty be delegated to the city or to the +state, or shall it be left to the chance performance of individuals or +corporations? These are some of the many questions of supreme importance +that meet us at every point, and the better we understand the true +nature and structure of our government, the better shall we be able to +give intelligent answers. + +Among the many functions of government, there are many so obviously +necessary to the existence of a nation, however organized, that there is +no discussion concerning the expediency of their exercise by the state. +We may, therefore, group governmental duties under two heads: the +necessary, and the optionable; or, as Professor Wilson has named them, +the _Constituent_ and the _Ministrant_.[1] Under the first head is +embraced all those functions which _must_ exist under every form of +government; and under the second title those "undertaken, not by way of +governing, but by way of advancing the general interests of society." +The following is Professor Wilson's classification: + + _#I. The Necessary or Constituent Functions.#_-- + + (1). The keeping of order and providing for the protection of + persons and property from violence and robbery. (2). The fixing of + the legal relations between man and wife, and between parents and + children. + + (3). The regulation of the holding, transmission, and interchange + of property, and determination of its liabilities for debt or for + crime. + + (4). The determination of contract rights between individuals. + + (5). The definition and punishment of crime. + + (6). The administration of justice in civil causes. + + (7). The determination of the political duties, privileges, and + relations of citizens. + + (8). Dealings of the state with foreign powers; the preservation of + the state from external danger or encroachment, and the advancement + of its intellectual interests. + + _#II. Optional or Ministrant Functions.#_ + + (1). The regulation of trade and industry. Under this head we must + include the coinage of money, and the establishment of standard + weights and measures, laws against forestalling, engrossing, the + licensing of trades, etc., as well as the great matters of tariffs, + navigation laws, and the like. + + (2). The regulation of labor. + + (3). The maintenance of thoroughfares, including state management + of railways, and that great group of undertakings which we embrace + within the comprehensive terms 'Internal Improvements,' or 'The + Development of the Country.' + + (4). The maintenance of postal and telegraph systems, which is very + similar in principle to (3). + + (5). The manufacture and distribution of gas, the maintenance of + water-works, &c. + + (6). Sanitation, including the regulation of trades for sanitary + purposes. + + (7). Education. + + (8). Care of the poor and incapable. (9). Care and cultivation of + forests and like matters, such as stocking of rivers with fish. + + (10). Sumptuary laws, such as 'prohibition' laws. + +Under this second head have been included by no means all of the +functions whose exercise by the government has been attempted or +proposed, but they show the principal ones, and serve to indicate the +nature of the optional field of governmental activity. + +[Footnote 1: Wilson, _The State_, Section 1232.] + + + +CHAPTER IV. + +Colonial Governments; Their Relation to Each Other, and to England. + + +To understand clearly the early history of our country; to appreciate +the reasons for the grievances of the colonists against their mother +country; and to gain an intelligent idea of the events of that most +critical period of our history, when the colonies, then free, were in +doubt as to the nature of the federal government they should adopt; +properly to understand all these facts, it is of essential importance +that we should gain a correct knowledge of the condition of the colonies +during those times, their relations to one another, their governmental +connection with and attitude towards England. + +The thirteen American colonies, which in 1775 dared defy the might of +Great Britain, and which in a stubborn struggle were able to win their +independence, were settled at various times, and by colonists actuated +by widely different motives. At the time of the beginning of their +resistance to the oppressive acts of their mother country, they were, in +their governments, entirely separate from and independent of each other. +"Though the colonies had a common origin, and owed a common allegiance +to England, and the inhabitants of each were British subjects, they had +no direct political connection with each other. Each in a limited sense, +was sovereign within its own territory.... The assembly of one province +could not make laws for another.... As colonists they were also excluded +from all connection with foreign states. They were known only as +dependencies. They followed the fate of their mother country both in +peace and war.... They could not form any treaty, even among themselves, +without the consent of England."[1] + +[Footnote 1: Story's _Commentaries on the Constitution_, Vol. I, p. +163.] + +All the colonies did not bear the same relation to the English +government. Owing to the different manner in which the right of +settlement, and occupancy of the soil had been obtained from the king, +the colonies had obtained different rights of government, and were +placed under different obligations to the crown. There came thus to be +three types of colonial governments; the provincial or royal, the +proprietary, and charter governments. + +_#I. Provincial Colonies.#_--Those colonies which possessed a provincial +form of government were royal colonies, being governed almost entirely +by England, as she governs many of her colonies to-day. At the head of +each was a Governor appointed by the King of England. He was assisted by +a council, also appointed by the king. The constitution and laws for +this form of government were contained in the commission and instruction +given to the Governor by the English government. By them the Governor +was empowered to summon a representative assembly. The legislative body +consisted, then, of the Governor, his council, appointed by the king, +and a lower house elected by the people. The Governor had the right of +veto, and the power to dissolve the assembly. The legislature could make +laws, provided they were not repugnant to the laws of England. These +laws were subject to the approval of the Crown. The governor, with the +advice of his council, could erect courts, appoint judges, levy forces, +etc. From the highest courts in all the colonies an appeal lay to the +English King in Council. + +_#II. Proprietary Colonies.#_--The English King often gave to +individuals large tracts of land in the New World. In addition to +ownership of the soil, was given in many cases the right to establish +civil government. These proprietors had all the inferior royalties and +subordinate powers of legislation. The proprietor could appoint or +dismiss the governor, he could invest him with the power to convene a +legislature, with power to veto its acts according to his wishes, and to +perform all other powers of a governor. All laws made, those of Maryland +excepted, were subject to the approval of the English Crown. + +_#III. Charter Colonies.#_--Colonies under this form of government were +so called from their possessing constitutions for their general +political government. These written constitutions were charters obtained +from the King, in which were granted to the people of the colony certain +privileges and rights of self-government which the English government +could not justly take away from them. One of the unjust acts that did +much to arouse the colonists to resistance, was the attempt of the +English government in 1774, to annul the charter of Massachusetts by the +Regulation Act. In this act was contained a precedent that (as Curtis +says) "justly alarmed the entire continent, and in its principle +affected all the colonies, since it assumed that none of them possessed +constitutional rights which could not be altered or taken away by an act +of Parliament." The charters were very liberal, granting almost entire +self-government. As in the royal colonies, the executive was a governor, +and the law-making branch a legislature of two houses. + +In Massachusetts the governor was appointed by the Crown, and had a veto +power. The Council or upper branch of the legislature was chosen +annually by the lower house, but the governor had a right of veto on +their choice. The lower house was elected by the people. In Connecticut +and Rhode Island the governor, council, together with the assembly were +chosen annually by popular vote, and all officers were appointed by +them. In these two the governor had no right of veto, and the laws +before going into execution did not require the royal approval. + +Seven of the original colonies began under proprietary governments--New +York, Pennsylvania, Delaware, North and South Carolina, Maryland and +New Jersey. Of these, four--New York, New Jersey, North and South +Carolina--became eventually provincial colonies, and Maryland was at one +time a proprietary. + +Three of the colonies, Massachusetts, Connecticut and Rhode Island, were +settled under charters that were never surrendered. Three others, +Virginia, Georgia and New Hampshire possessed charters for a while, but +eventually became royal colonies. + +Notwithstanding these diversities of government that have been pointed +out, there were many features common to all the colonies. All considered +themselves dependencies of the British Crown. All the colonists claimed +the enjoyment of the privileges and rights of British-born subjects, and +the benefit of the common law of England. The laws of all were required +to be not repugnant to, but, as nearly as possible, in conformity with +the laws of England. In all the colonies local legislatures existed, at +least one branch of which consisted of representatives chosen by the +people. + +The general condition of the colonies at the time of the outbreak of the +Revolutionary War, so far at least as concerns their governments, has +now been given. What were the grounds upon which the colonists justified +their resistance to the acts of English government? + +In the first place, they claimed that their rights were received from, +and their allegiance was due to the King, not to the Parliament. The +colonists said the King was the only tie that bound them to England; +that Parliament was composed of representatives from England alone, and +therefore had powers of legislation only for England. Later, however, it +was conceded that in matters of general interest to the whole United +Kingdom, Parliament might exercise control, but that concerning all +matters of domestic and internal interest, and of concern only to +themselves, it was the right of their own legislatures to legislate, and +that under this head came taxation. + +Says Story:[1] "Perhaps the best summary of the rights and liberties +asserted by all the colonies is contained in the celebrated declaration +drawn up by the Congress of nine colonies assembled at New York in +October, 1765 (Stamp Act Congress). That declaration asserted that the +colonists 'owe the same allegiance to the Crown of Great Britain that is +owing from his subjects born within the realm, and all due subordination +to that august body, the parliament of Great Britain,' That the +colonists 'are entitled to all the inherent rights and liberties of his +(the King's) natural born subjects within the kingdom of Great Britain. +That it is inseparably essential to the freedom of a people, and the +undoubted rights of Englishmen, that no taxes be imposed on them but +with their own consent given personally or by their representatives.' +That the 'people of the colonies are not, and from their local +circumstances cannot be represented in the House of Commons of Great +Britain. That the only representatives of these colonies are persons +chosen by themselves therein; and that no taxes ever have been or can be +constitutionally imposed upon them but by their respective legislatures, +and that trial by jury is the inherent and invaluable right of every +British subject in these colonies.'" + +[Footnote 1: _Commentaries_, Vol. I, p. 175.] + +In opposition to these views, the English government held that +Parliament had the authority to bind the colonies in all matters +whatsoever, and that there were no vested rights possessed by the +colonies, that could not be altered or annulled if Parliament so +desired. + +At the beginning of the Revolutionary War, complete independence was not +claimed by the colonies. It was not until July 4, 1776, that they were +driven to a declaration of full and entire independence and +self-government. By this declaration the colonies threw off their +colonial character, and assumed the position of states. This they did by +simply taking into their own hands the powers previously exercised by +the English King and Parliament. In the state constitutions which many +colonies formed during the year, their old colonial forms of government +were closely followed. Connecticut and Rhode Island, in fact, merely +declared their allegiance to England absolved, and retained unchanged +their old charters as their fundamental law. In Connecticut no other +state constitution was adopted until 1818, nor in Rhode Island until +1842. + + + +CHAPTER V. + +Steps Toward Union.--Articles of Confederation. + + +Previous to 1774 the thirteen English colonies in America had had no +political or governmental connection with each other. Any attempt on +their part to unite without the consent of the English King or +Parliament would have been considered an act beyond their powers and as +insubordination towards the English government. + +_#New England Confederation.#_--In 1643 there was formed a union of the +four colonies of Connecticut, New Hampshire, Plymouth, and Massachusetts +Bay, termed the "New England Confederation," which lasted forty years; +but this was merely a union for mutual protection against their common +foes, the French, the Dutch, and the Indians, and not for joint +legislation or government. It was a defensive alliance. + +_#The Albany Convention._#--(Franklin's Plan.) In 1754, however, there +was held a meeting of the colonies of New Hampshire, Massachusetts, +Rhode Island, Connecticut, New York, Pennsylvania, and Maryland, called +the "Albany Convention," in which was proposed a union of all the +colonies under one government. Benjamin Franklin, the chief promoter of +this scheme, drew up an elaborate constitution which was to be adopted. +According to this plan there was to be a chief executive, elected by the +king, and a council of 48 members, to be chosen by the legislatures of +the several colonies. This scheme failed to obtain either the consent of +the king or of the colonies themselves. It was too much of a union to +suit the king, and not enough for the colonies. _#The Stamp Act +Congress.#_--The indignation aroused by the attempt of England to tax +her colonies without allowing them a voice in the Parliament which +imposed such taxes, gave rise in 1765 to a meeting of delegates from +eight of the colonies. This assembly was called the "Stamp Act +Congress." The obnoxious Stamp Act was repealed, but England continued +to impose other taxes. + +_#First Continental Congress.#_--An invitation was sent out by Virginia +to all the colonies, calling a meeting of delegates to consider what +could be done by their united action to resist their common grievance. +Thus met the "First Continental Congress" in 1774, in which all the +colonies but Georgia were represented. This Congress adopted a +declaration of rights and grievances. The colonies maintained that as +long as they were unrepresented in the English legislature (Parliament), +taxes should be imposed only by their own legislatures; also, that they +were entitled to the rights, liberties, and immunities of free, +natural-born subjects within the realm of England. + +_#The Second Continental Congress.#_--On May 10, 1775, assembled the +Second Continental Congress, in which all the thirteen colonies were +represented. The battle of Lexington had then been fought, and blood had +been shed. Though the colonies had as yet no intention of throwing off +all connection with England, they were now prepared to resist with arms +any invasion of their rights. The work performed by this body has been +concisely and forcibly stated by Schouler.[1] He says: "Thus originated +that remarkable body known as the Continental Congress, which, with its +periodical sessions and frequent changes of membership, bore for fifteen +years the symbols of Federal power in America; which, as a single house +of deputies acting by Colonies or States, and blending with legislative +authority, imperfect executive and judicial functions, raised armies, +laid taxes, contracted a common debt, negotiated foreign treaties, made +war and peace; which, in the name and with the assumed warrant of the +thirteen colonies, declared their independence of Great Britain, and by +God's blessing accomplished it; which, having framed and promulgated a +plan of general confederation, persuaded these same thirteen republics +to adopt it, each making a sacrifice of its sovereignty for the sake of +establishing a perpetual league, to be known as the United States of +America, a league preserved until in the fullness of time came a more +perfect Union." + +[Footnote 1: _Hist. U.S._, Vol. I, p. 13.] + +The acts of this Congress were the _first legislative acts by the joint +action of the colonies_. + +The Second Continental Congress was essentially a revolutionary body. +That is to say, the authority for its acts rested upon no definite grant +of powers by the colonies, but was assumed by it to meet the crisis of +war. Properly speaking, it could hardly be called a government. It was +more in the nature of a directing advisory committee. Its commands +possessed a recommendatory character only, and it was entirely without +executive officers, or legal control over either individuals or the +colonies. + +_#The Articles of Confederation.#_--A stronger central power than that +afforded by the Continental Congress was seen to be a necessity. +Accordingly, in 1777, there was drawn up a scheme of union embraced in a +paper termed "The Articles of Confederation." These articles, though +adopted as early as 1777, did not go into effect until 1781, the +provision being that they should not be considered as in force until +ratified by _all_ the colonies, and several refused to ratify until all +state claims to western territory were relinquished in favor of the +National Government. + +_#Elements Tending to Separation and Those Tending to Union.#_--We must +remember that this was a union of thirteen previously separate colonies. +The facts which had tended to keep them apart had been the difficulty of +travel and communication between the colonies, the lack of commercial +intercourse, but more than all, their local jealousies. The small States +feared the larger; commercial jealousies were very keen. In 1756 Georgia +and South Carolina actually came to blows over a dispute as to the +navigation of the Savannah river. Other disputes about boundaries were +frequent. Colonies with good harbors and seaports desired to keep the +benefits of them exclusively to themselves. At that time, too, the +people of the thirteen colonies were far more widely separated in their +forms of government, their industrial habits and social customs than +they now are. On the other hand, the old facts which tended to urge on a +common union between them were common race, language, and nationality, +many similar political institutions, and, most of all, common interests +and a common peril. + +_#The Purposes of the Confederation.#_--The purposes of this +Confederation are best stated by giving Article III of the Articles: + +"The said States hereby severally enter into a firm league of friendship +with each other for their common defense and 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 pretext +whatever." + +_#Scheme of Government under the Articles of Confederation.#_--The +Articles of Confederation established a framework of government for the +confederated colonies, which government was to control those matters +that experience had shown could be executed only by united action. As a +scheme of government it was no better than a makeshift. It was an effort +to form a federal power without diminishing the powers of the States--an +effort "to pare off slices of state government without diminishing the +loaf." That such a union could be perpetual, as the scheme professed, +was impossible. + +Under these Articles of Confederation the sole functions of the federal +authority, legislative, executive, and judicial, were vested in a +Continental Congress, consisting of a single house of delegates, who +voted by States, and were appointed annually in such a manner as the +respective States directed. Each State was entitled to not less than two +nor more than seven delegates, a majority of whom decided the vote of +the State in question. The executive functions were largely performed by +a Committee of States, which was empowered to sit during recesses. For +all important measures the vote of every State was required. The vote of +all thirteen was required for an amendment. + +_#Defects of the Articles of Confederation.#_--In this scheme of union +there were many fatal defects. The principal of these defects were-- + +1. The want of some compulsory means of enforcing obedience to the acts +of Congress. The articles provided neither an executive power nor a +national judiciary worth mentioning. As one writer has said: "Congress +could declare everything, but do nothing." A single colony could with +impunity disregard any decree of the Congress. + +2. The large vote required to pass all important measures. + +3. The absence of the right to regulate foreign commerce, and make +duties uniform, and to collect those duties. This defect, as we shall +find, was one of the most vital, and more than any thing else decreed +the failure of the practical working of the Confederation, and showed +the necessity of a better and stronger National government. + +4. The virtual impossibility of amendment. Since a unanimous vote was +required, the selfish interest of one State could, and did, stand in the +way of an amendment beneficial and necessary to the other twelve. + +5. There was no power to enforce treaties. Foreign countries recognized +this, and therefore refused to enter into any treaties with us. +Washington said: "We are one nation to-day, and thirteen to-morrow. Who +will treat with us on such terms." + +England refused to carry out the conditions of the treaty of 1783, and +continued to keep troops on our Western borders. + +6. The central authority had insufficient power to control disputes +arising between the States. + +7. The lack of a Federal judiciary. + +8. Lack of power to collect taxes, or to raise revenue to defray even +the ordinary expenses of government. This was the most striking and +important defect of them all. The whole power given to Congress under +this head was the power "to ascertain the sum necessary to be raised for +the service of the United States, and apportion the rate or proportion +on each State." The collection of such taxes was left to the States +themselves, and if they refused (as they frequently did) the Federal +Government had no power to compel them. + +Our present better government was "wrung from the grinding necessities +of a reluctant people." + +_#Adoption of the Constitution.#_--Actual hostilities ceased in 1781. In +1783 peace with England was declared, and the independence of the +colonies was achieved. The war left the American people with an empty +treasury, and a country drained of its wealth and impoverished by the +exhaustive struggle. It left us with a large national debt, both to our +own citizens and friends abroad, and most of all, left us with an army +of unpaid patriotic soldiers. And no sooner had foreign danger been +removed than domestic troubles arose which filled all with gloomy +forebodings for the future. With the loss of that cohesive principle +which common danger supplied them, the colonies now began to fall apart. +Even during the progress of the war the weakness of the Union had shown +itself. Washington unhesitatingly declared that it was the lack of +sufficient central authority that caused the prolongation of the war. +One instance will show how weak was the Federal authority. During the +summer of 1783, when Congress was at Philadelphia, some eighty deserters +from the army so threatened Congress as to force a removal of our +Federal capital from that place to Princeton. The Continental finances +were in a deplorable condition. Congress could not even collect +sufficient taxes for the payment of the interest on the public debt. The +States could, and often did, refuse to pay their proportion of taxes +imposed upon them by Congress. Congress made a last attempt, in 1785, to +raise a revenue by a tax on imported goods, but this measure failed, New +York refusing to ratify. Congress, indeed, did not collect one-fourth of +her demands. Commerce was going to ruin. England refused to allow our +country the rich trade with the West Indies. To these troubles were +added the mutual jealousies and selfishness of the States. Each of them +tried to attract commerce to itself, and passed laws hurtful to the +other States. + +The people in Massachusetts were in insurrection. The French minister +wrote to his country: "There is now no general government in America--no +head, no Congress, no administrative departments." + +For all these evils the limited and imperfect powers conferred upon the +Federal Government by the articles of Confederation afforded no adequate +remedy. Even the Constitutional Congress was now in danger of breaking +up. States, to save expense, neglected to send delegates, and repeated +appeals had to be made to get representation from nine States so as to +pass important measures. A better union was seen by all thoughtful +citizens to be necessary, but very difficult to obtain, owing to +inter-state differences. The idea of having a convention separate from +the Congress, whose work should be the framing of a stronger government, +gradually gained ground. + +The Constitutional Convention was obtained in a roundabout way, and only +after repeated failures. The first attempt to obtain an assembly of +representatives was made at Annapolis, Maryland. Only five States sent +representatives, and the convention accordingly adjourned to +Philadelphia, where in May, 1778, delegates from all the States, except +Rhode Island, finally assembled. + + + +CHAPTER VI. + +Adoption of the Constitution. + + +_#The Constitutional Convention.#_--Fifty-five delegates were present. +With scarcely an exception they were all clearheaded, able, and moderate +men. Virginia sent Washington, Madison, Edmund Randolph; Pennsylvania +sent Benjamin Franklin, Robert Morris, and James Wilson; New York sent +Alexander Hamilton; New Jersey, Patterson; and South Carolina, the two +Pinckneys. Washington was chosen President of the Convention. Two rules +were adopted: 1st, proceedings were to be secret, and 2d, one vote was +to be given to each State, thus making it of no importance whether a +State had a large or small delegation. + +Though the delegates had thus assembled to form a better and new union, +they differed widely in their views as to what changes were necessary, +and as to what powers should be given to the Federal Government, and +what retained by the States. Some desired merely a change of the +existing Articles of Confederation, more power being granted, however, +to the Federal Government; while others wished for an entirely new +Constitution. + +The convention at once divided into two parties. The one representing +the small States, such as New Jersey and Delaware; and the other, the +larger States, such as Virginia, New York and Massachusetts. The plan +brought forward by the party of the large States was that presented to +the convention by Edmund Randolph, of Virginia, and generally known as +the National or Large State Plan. This plan proposed a congress of two +houses, having power to legislate on all National matters, and to compel +obedience on the part of the States. Representation in both houses was +to be based on population, thus giving to the larger, and more populous, +States the control of both branches of the legislature; and, also, since +by this scheme the president, executive officers, and judges were to be +appointed by Congress, control of the whole administration of the new +government. + +On behalf of the small States, Patterson, of New Jersey, introduced what +is called the New Jersey plan. By this plan the old Federal Congress was +to be continued with its single house of legislature, and equal State +vote. + +The great point upon which the two plans differed, was as to how +representation in the legislature should be apportioned among the +States; whether it should be according to population, and with two +houses, or whether there should be but one house, in which each State +should have an equal vote. The question was settled by a compromise. It +was agreed that there should be a legislature of two houses, a Senate or +upper and less numerous branch; and the House of Representatives, the +popular and more numerous lower branch. In the Senate each State was to +have an equal representation, thus putting the large and small States on +an equal footing. On the other hand, in the House of Representatives +representation was to be according to population, thus favoring the +larger States. + +Another point upon which the convention differed was concerning the +slave trade; whether it should, or should not, be allowed to continue. +This question was also compromised, it being agreed to permit its +continuance for twenty years (until 1808), after which all importation +of slaves might be prohibited. + +Yet another point in dispute was whether the slaves should, or should +not, be counted in estimating the population of the States, in order to +determine the number of representatives to which each State should be +entitled. This likewise was compromised. It was agreed that five slaves +should be counted equivalent to three white men. + +These three main points being settled by compromises, other parts of the +government, such as a single chief executive, a Federal judiciary, and +the decision as to what powers should be given to the President, what to +the Senate, and what to the House, were more easily arranged, and the +convention adjourned September 17, 1787, having been in session a little +over four months. Thus was prepared the Constitution under which we are +now living--an achievement declared by Guizot to be the greatest work of +its kind, and by Gladstone to be the greatest work ever struck out at +one time by the hand of man. + +The Constitution having been agreed to in convention, it was now +submitted to the vote of each of the colonies for acceptance. It was +decided in this convention that it should be considered as ratified, and +should go into effect as soon as accepted by nine of the thirteen +States. + +The adoption or rejection of the Constitution now became a question +which claimed the entire attention of the States, and it is during this +contest that we find the origin of the first political parties in the +United States. Those favoring the adoption of the Constitution were +called "Federalists" and those opposing it "Anti-Federalists." + +_#Arguments For and Against Adoption.#_--The Federalist party was +composed of those men who were desirous of a strong central government, +and for this reason favored the Constitution. This party was especially +strong in New England, largely because New England, being the commercial +part of the colonies, had had the lamentable weakness of the old +confederation brought home to them the more forcibly by the +disorganization and loss of commerce which the Continental Congress had +been unable to regulate. + +The Anti-Federalists were those who wished the State governments to be +kept strong, and that there should be a comparatively weak central +government. + +The argument used by the Federalists for the adoption of the +Constitution was, that only by correcting all those defects of the +Confederation which have been pointed out, could order and prosperity be +restored to the country. They said that the Constitution, being a series +of compromises, could not please everyone in all respects, but that it +was the best that could be obtained under the circumstances. Their +arguments appeared in a remarkable collection of eighty-five essays, +called the "Federalist," written by Alexander Hamilton in company with +John Jay and James Madison. In these were explained all the points of +the Constitution, and to this day they remain the best exposition of the +Constitution ever written. + +The objections raised by the Anti-Federalists were many. In the first +place, it was of course objected that it gave to the central government +too much power; that state government and State liberty would be crushed +out. The State was then as dear to the citizen as is the National +Government to us to-day. Patriotism was then devotion to the State. The +colonists had suffered so much from control over their state governments +by an outside strong government, that they were fearful of again putting +themselves under a strong national government though of their own +making. In warning terms it was declared it would be a government +founded upon the destruction of the governments of the several States. +They said, "Congress may monopolize every source of revenue, and thus +indirectly demolish the State governments, for without funds they cannot +exist." These elements of State love and jealousy of the Federal power +are of the utmost importance in studying our history. We see them +running through all our life as the main causes of division between +political parties. (See later chapter on "Introduction to History of +Political Parties.") + +Another objection was, that the Constitution contained no definite "bill +of rights" recognizing and guaranteeing fundamental personal liberties, +such as freedom of speech, liberty of the press, assurance against +unjust arrest, the right to bear arms, and trial by jury in civil cases, +etc. This class of objections was satisfied by the adoption of the first +ten constitutional amendments. It was also claimed by those opposed to +the ratification, that inasmuch as the Constitution placed no limit to +the number of terms which a President might serve, one man might become +so powerful as to obtain a life-tenure of office, and thus the +government would degenerate into a monarchy. To show how exaggerated +were the fears during this critical period of our history, we have the +report that it was actually claimed and believed by many at that time +that the Federalists had the secret intention of inviting over to our +country some European prince who should rule as king. Patrick Henry +cried, "We shall have a king; the army will salute him monarch." Though +not fixed by the Constitution, it has been since the time of Washington +the invariable rule that no man shall be elected for more than two +terms. The friends of President Grant attempted to have him nominated +for a third time, but so strong was this prejudice that, popular as he +was at that time, the plan failed. + +For nine months the struggle was wagered fiercely in the States, but the +Federalists prevailed. In June, 1788, the ninth State ratified, and +adoption was assured. Congress fixed the first Wednesday in January for +the election of presidential electors, the first Wednesday in February +for the meeting of the electors and election of the President, and the +first Wednesday in March, 1789, for the inauguration of the President +and the beginning of the new government. This last date fell upon the +4th of March, which date has from that time served as the day for the +inauguration of our presidents. Owing to a delay in the assembling of +the new Congress, Washington was not inaugurated, nor our present +government instituted, until April 30, 1789. + +Thus was founded our present government, which has stood the test of a +century. When adopted there were thirteen States; now there are +forty-four. The inhabited area was then the narrow strip between the +Atlantic Ocean and the Allegheny Mountains, with a population of +scarcely 3,000,000. Now the United States stretches 3,000 miles from +ocean to ocean, and contains a population of over sixty millions. + + + +CHAPTER VII. + +Presidential Succession. + + +The provisions of the Constitution regarding the Presidential +succession, in case of the death or resignation of both President and +Vice-President, are: "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 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." (Article II, section 6.) + +In pursuance of the power thus granted to it in the last half of this +section, Congress in 1792 passed an act declaring that in case of the +death, resignation, etc., of both the President and Vice-President, the +succession should be first to the President of the Senate and then to +the Speaker of the House. + +This order was changed by the act of 1886, which provided that the +succession to the presidency should be as follows: + + 1. President. + 2. Vice-President. + 3. Secretary of State. + 4. Secretary of the Treasury. + 5. Secretary of War. + 6. Attorney-General. + 7. Postmaster-General. + 8. Secretary of the Navy. + 9. Secretary of the Interior. + +In all cases the remainder of the four-years' term shall be served out. +This act also regulated the counting of the votes of the electors by +Congress, and the determination of who were legally chosen electors. + +Note.--The Constitution made no provision in case of a contested +election, or when no one should be elected. Such a contingency seemed to +have been overlooked in the framing of the Constitution. + + + +CHAPTER VIII. + +Election of Senators. + + +The provisions of the Constitution regarding the election of senators +were as follows: "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." (Article I, section 3, +paragraph 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." +(Article I, section 4, paragraph 1.) + +Until 1866 this matter was left entirely to the States, as permitted by +the section of the Constitution just given. In that year an act was +passed by the Federal Congress regulating the election of senators by +the State Legislatures. By it was provided that the Legislature of each +State, which is chosen next preceding the expiration of the term of +either of their senators, shall on the second Tuesday after assembling +elect a senator in the following manner: Each House shall by open ballot +(_viva voce_) choose some man for senator, and he who receives a +majority of the total number of votes cast in such House is entered on +the journal of that House. At noon on the following day the members of +the two Houses convene in joint assembly, and the journal of each House +is then read, and if the same person has received a majority of the +votes of each House he is declared duly elected senator. But if not, the +joint assembly then proceeds to choose by a _viva voce_ vote of each +member present, a person for senator, and the person who receives a +majority of all the votes of the joint assembly--a majority of all the +members elected to both Houses being present and voting--is declared +duly elected. If no person receives such a majority on the first day, +the joint assembly meets at noon on each succeeding day during the +session of the Legislature, and takes at least one vote until a senator +is elected. In case of a vacancy occurring in the Senate during the +recess of the State Legislature, the governor appoints a man to fill the +place, his appointee holding until a successor shall be chosen in the +above method by the State Legislature. + +In the House, when vacancies happen in the representation from any +State, the Governor issues an order for a new election in the +congressional districts in which such vacancies occur. The +representatives thus elected hold office for the unexpired terms of +their predecessors. + + + +CHAPTER IX. + +Congressional Government. + + +The Constitution created Congress and conferred upon it powers of +legislation for national purposes, but made no provision as to the +method by which these powers should be exercised. In consequence +Congress has itself developed a method of transacting its business by +means of committees. + +The Federal Legislature consists of two Houses--the Senate, or Upper and +less numerous branch, and the House of Representatives, or the Lower and +more numerous popular branch. + +The Senate is composed of two members from each State elected by the +state legislatures for a term of six years, one-third of whom retire +every two years. The presiding officer is the Vice-President. Early in +each session, the Senate chooses a President _pro tempore_, so as to +provide for any absence of the Vice-President, whether caused by death, +sickness, or for other reasons. + +The House of Representatives is at present composed of 332 members and +four delegates from the Territories. These delegates, however, have no +vote, though they may speak. The House is presided over by a speaker, +elected at the beginning of each session. A quorum for business is, in +either House, a majority. + +Congress meets every year in the beginning of December. Each Congress +lasts two years and holds two sessions--a long and a short session. The +long session lasts from December to midsummer. The short session lasts +from December, when Congress meets again, until the 4th of March. The +term of office then expires for all the members of the House, and for +one-third of the Senators. The long session ends in even years (1880 and +1882, etc.), and the short session in odd years (1881 and 1883). Extra +sessions may be called by the President for urgent business. + +In the early part of the November preceding the end of the short session +of Congress, occurs the election of Representatives. Congressmen then +elected do not take their seats until thirteen months later, that is, at +the reassembling of Congress in December of the year following, unless +an extra session is called. The Senate frequently holds secret, or, as +they are called, executive sessions, for the consideration of treaties +and nominations of the President, in which the House of Representatives +has no voice. It is then said to sit with closed doors. + +An immense amount of business must necessarily be transacted by a +Congress that legislates for nearly sixty-three millions of people, +inhabiting a territory of over three and a half millions of square +miles. + +Lack of time, of course, prevents a consideration of each bill +separately by the whole legislature. To provide a means by which each +subject may receive investigation and consideration, a plan is used by +which the members of both branches of Congress are divided into +committees. Each committee busies itself with a certain class of +business, and bills when introduced are referred to this or that +committee for consideration, according to the subjects to which the +bills relate. Thus, for example, affairs relating to Washington are +handed over to what is known as the District Committee, a regular +appropriation bill to the Committee on Appropriations, etc. These +committees consider these bills carefully, frequently taking the +testimony of outside persons to discover the advisability of each bill. +The regular course through which a bill has to go before becoming an +act--_i.e._, to pass both houses and receive the signature of the +President--is as follows: On Mondays there is a roll-call of the States, +and members may then introduce in the House or Senate any bill they may +desire. These bills are then referred by the presiding officer to +appropriate committees. These committees, meeting in their own separate +rooms, debate, investigate, and, if necessary, as has been said, ask the +opinion of outside persons. After such consideration bills are reported +back to the House or Senate. But very few bills reach this stage, for +the committee does not get time to report any save the more important +ones, and thus the majority of them disappear, or, as the saying is, +"are killed in committee." If a bill receives the approval of the +committee it is favorably reported to the Senate or House, as the case +may be--_i.e._, the bill is returned, accompanied by a report advising +the passage of the accompanying bill. If the bill is not approved by the +committee, an unfavorable report is made; bills are seldom passed after +such an adverse report. These reports which accompany the bills, are +printed, often at great length, giving reasons for the proposed action +in regard to the bills. When reported by the committee back to the house +in which it was introduced, a bill is voted upon, and, if passed, is +sent to the other branch. If passed there, it is ready for the +President's signature; if vetoed, the bill is lost, unless passed over +the veto by a two-thirds vote of both houses. But frequently one house, +while not wishing to defeat a measure sent to it from the other house, +may desire to change it by some amendment. If this is done, the bill, as +amended, is sent back to the house from which it came, and if then +agreed to as amended by it, it is sent to the President for his +approval. Thus by repeated amendments it may pass to and fro between the +House and Senate several, times. In the House of Representatives, many +bills are passed through all their various stages by a single vote, by +what is known as a "suspension of the rules," which may be ordered by a +two-thirds vote. + +The Senate is now divided into between fifty and sixty committees, but +the number varies from session to session. The principal committees are +those on (1) Foreign Relations, (2) Privileges and Elections, (3) +Judiciary, (4) Commerce, (5) Finance, and (6) Appropriations. The Senate +selects the members for the different committees by ballot, though it is +pretty well determined beforehand how each committee shall be +constituted by means of party caucuses (informal meetings of members of +the same party to determine upon lines of action that will be supported +by all). A committee is always composed of an odd number of members, and +both political parties are always represented on every committee, though +the majority is, in almost all cases, from that party which has the +majority of the members of the Senate. + +The House of Representatives is organized into sixty committees, +ranging, in their number of members, from thirteen down. As regards +party representation, their constitution is similar to that of the +Senate Committees. The Committee of "Ways and Means," which regulates +customs duties and excise taxes, is by far the most important. + +Other important committees are those on (1) Elections, (2) +Appropriations, (3) Judiciary, (4) Foreign Affairs, (5) Manufactures, +(6) Commerce, (7) Labor. Every Representative is on one committee, and +most of them on several. Unlike the custom in the Senate, in the House +the presiding officer has the sole power of appointment, which makes +him, next to the President, the most important and powerful government +official. The chairman of each committee has, of course, a large power +over affairs with which his committee is concerned, and for this reason +it is often said that it is the chairmen of these committees who rule +the land. + +The precise amount of effective work done by Congress during the two +sessions of the Fiftieth Congress was as follows: There were 4,000 bills +introduced in the Senate and 145 Senate joint resolutions: of this +number 1,127 bills and joint resolutions passed the Senate, and 554 were +either postponed indefinitely or referred to the Court of Claims, so +that the total number on which final action was taken by the Senate was +1,681. The committee on enrolled bills examined 667 Senate bills and +joint resolutions and sent them to the President and 591 became laws, +the number of vetoes, including "pocket vetoes," being 76. + +The House of Representatives passed 1,561 House bills and sent them to +the Senate, and the Senate passed 1,347 of them, leaving 214 to perish. +The House passed 56 House joint resolutions and the Senate passed all of +them but eight. The House passed, therefore, 2,284 House and Senate +bills, and the Senate passed 2,522. + +The first session of the Fifty-first Congress (1889-90) was, with one +exception, the longest ever held.[1] During the session there were +introduced in the House 12,402 bills and joint resolutions, and in the +Senate 4,570, making a total of 16,972. The total number of acts passed +was 1,335 as against 1,790 for _both_ sessions of the Fiftieth Congress. +Of these 881 were pension bills. + +[Footnote 1: The longest session was the long session of the Fiftieth +Congress.] + +Congress ordinarily assembles at noon, and remains in session until 4 or +5 p.m., though towards the end of the term it frequently remains in +session until late in the night. The first thing upon assembling in the +morning is prayer. On Mondays, as stated, there is next a roll-call of +States for the introduction of bills. Sometimes a committee is +instructed to prepare and bring in a bill of its own, without waiting to +have one introduced and referred to it. Reports from committees are +heard during morning hours on Tuesdays, Wednesdays, and Fridays, and on +Mondays after the introduction of bills. Friday is a day usually set +apart for the consideration of private measures. On Saturdays Congress +seldom sits. + +There is still one feature of Congressional government which needs +explanation, and that is the caucus. A caucus is the meeting of the +members of one party in private, for the discussion of the attitude and +line of policy which members of that party are to take on questions +which are expected to arise in the legislative halls. + +Thus, in Senate caucus, is decided who shall be members of the various +committees. In these meetings is frequently discussed whether or not the +whole party shall vote for or against this or that important bill, and +thus its fate is decided before it has even come up for debate in +Congress. + + + +CHAPTER X. + +The Cabinet and Executive Departments. + + +We have seen that the functions of government are divided into three +distinct classes, the legislative, the judicial, and the executive. The +Constitution provides as to the methods for the exercise of the first +two, but none for the third. The only reference in the constitution to +executive departments is in Art. II, Sec. 2, where the President is +given the power to require the opinion in writing of the principal +officer in each executive department upon any subject relating to the +duties of his office. The departments have in each case been created by +an act of Congress and from time to time as convenience has demanded. + +The duties of the executive are to enforce and apply the laws of the +nation after they are made by the legislature and interpreted by the +courts. This is the real business of government, by which the laws are +put into effect, and the work of government is actually carried on. In +the United States Government this power is placed in the hands of a body +of men distinct from the legislative and judicial officers. At the head +is the President, and hence his title of "Chief Executive." It is +evident that he must divide up the vast amount of work to be done, and +delegate it to others. Congress directs how this shall be done. For this +purpose Congress has created nine executive departments (1)State, +(2)Treasury, (3)War, (4)Navy, (5)Interior, (6)Post Office, (7)Justice, +(8)Agriculture, (9)Labor. + +These departments have been created as required by the growth of +government duties. Three departments, the State, Treasury and War, were +created by the first Congress, in 1789. By the same Congress was created +the office of Attorney-General of the United States, who, together with +the Secretaries of the three departments, constituted President +Washington's first cabinet. The Navy Department was added in 1798. Prior +to that date, naval affairs had been managed by the War Department. A +Post Office for the colonies was established by the Postal Act of Queen +Anne's reign. The Post Office Department under the present government +was established in 1789, but the Postmaster-General did not become a +Cabinet officer until 1829. The Interior Department was created in 1849 +by grouping together in one department several branches of the +government service, which had formerly been distributed among the other +departments. As early as 1839 the Patent Office, under the Interior +Department, was intrusted with various duties concerning the +agricultural interests of the country, among the chief of which was the +distribution of seeds. In 1862 a separate Department of Agriculture was +established, and these duties transferred to it. In 1889 the head of the +Department became Secretary of the Department of Agriculture and a +Cabinet officer. A Bureau of Labor under the Interior Department was +created in 1884. In 1888 Congress constituted it a separate department, +but did not make its head a Secretary, and therefore not a Cabinet +officer. + +The heads of the first eight of these departments together form a +council of eight, called the "Cabinet," whose duty it is, in addition to +the management of the departments, to advise the President on matters of +importance. For this purpose regular meetings are held, at which the +affairs of government are discussed, and lines of action decided upon. +The cabinet is neither the creation of the constitution, nor strictly of +law. The existence of a cabinet, however, was always taken for granted +in the discussion and formation of the constitution. It is a creation of +custom and has no powers other than of advice and counsel to the +President. The growth of executive and administrative business is not +fully indicated by the increase in the number of departments. The growth +within each department has been much greater. Separate bureaus and +divisions have been created, which in some cases are, for all practical +purposes, as independent and important as the departments themselves. + +The organization of all the different departments is much the same. At +the head of each is an officer appointed by the President, the President +thus having control generally over the whole executive business of the +government. These officers are called Secretaries, except in the cases +of the Post Office Department, whose head is the Postmaster-General, and +of the Department of Justice, whose head is the Attorney-General. In a +number of the Departments there are also one, two, three or four +assistant secretaries, according as the business of the departments +requires. For convenience in the despatch of business, the departments +are divided into bureaus, the bureaus into divisions, and the divisions +into rooms, until, finally, the individual workers--the clerks--are +readied. Each bureau and division has at its head an officer called +Commissioner and Chief of Division, respectively. Each department and +bureau, and, in some cases, the division also, has a Chief Clerk who has +charge of the details of the administration, and immediate oversight +over the clerks.[1] All work in one finely organized system. The clerk +is responsible to his chief of division, the chief of division to his +commissioner, the commissioner to the Secretary and he, finally, to +Congress. Each man has his particular place in the system, and no one +works at random.[2] + +[Footnote 1: There are a number of officials and clerks who properly +belong to no division or bureau, as, for instance, the librarian's +private secretary and other clerical assistance in the Secretary's +office, who are under his immediate supervision.] + +[Footnote 2: This system is not always carried out perfectly in +practice. In some cases an officer is termed commissioner who is more +properly a chief of division, and _vice versa_. In other cases the title +of commissioner or chief of division is represented by a more technical +designation as Director of the U.S. Geological Survey, Comptroller of +the Currency, etc.] The President and heads of departments appoint all +officers in the executive departments. It is manifestly impossible for +them to base their appointments upon personal knowledge. Hence has +arisen the custom of filling almost all offices not controlled by the +Civil Service Commission upon the recommendation of congressmen, each of +whom controls for the most part the patronage of his own district. Only +the Secretaries, Assistant Secretaries, Commissioners, and other chief +officials are really appointees of the President on his own +responsibility. + +Prior to the first administration of Jackson the positions of government +clerks in the departments were permanent. In 1828 Jackson inaugurated +the so-called spoils system, which means that to the victor belongs the +spoils. Only 74 removals had been made from 1789 to 1828. Jackson +removed during the first year of his administration 2,000 clerks. Since +then, until 1883, each party, on gaining control of the government, has +removed almost all the clerks in office who were of the opposite +political faith, replacing them with members of its own party. In 1883 +was passed the Civil Service Act, by which it is provided that all +future appointments of subordinate clerks in the executive departments +are to be made only from those who have passed successfully an +examination set by the Civil Service Commission created by the act. + +_#The State Department.#_--The Department of State was the first +department established. (Act of July 27, 1789.) There are three +Assistant Secretaries. Their salaries are, Secretary $8,000, First +Assistant $4,000, and the other two $3,500. The department is divided +into seven bureaus, (1) Diplomatic, (2) Consular, (3) Archives and +Indexes, (4) Accounts, (5) Statistics, (6) Rolls and Library, and (7) +Claims. + +The Secretary of State is charged, under the direction of the President, +with the duties appertaining to correspondence with the public ministers +and consuls of the United States, and with the representatives of +foreign powers accredited to the United States; and to negotiations of +whatever character relating to the foreign affairs of the United +States. He is also the medium of correspondence between the President +and the chief executive of the several States of the United States; he +has the custody of the great seal of the United States, and countersigns +and affixes such seal to all executive proclamations, to various +commissions, and to warrants for pardon, and the extradition of +fugitives from justice. He is regarded as the first in rank among the +members of the Cabinet. He is also the custodian of the treaties made +with foreign states, and of the laws of the United States. He grants and +issues passports. Exequaturs to foreign consuls in the United States are +issued through his office. He publishes the laws and resolutions of +Congress, amendments to the Constitution, and proclamations declaring +the admission of new States into the Union. He is also charged with +certain annual reports to Congress relating to commercial information +received from diplomatic and consular officers of the United States. + +The patronage of the Secretary at Washington is small, about sixty +clerks, but that which concerns the diplomatic and consular service is +important. To facilitate communications and negotiations with foreign +nations, and to protect the interests of American citizens in foreign +countries, the United States, in common with all civilized nations, has +an elaborate system of representatives residing at the capitals of all +the principal nations. This system is called the diplomatic service, and +is under the charge of a separate bureau of the State Department. +Communications and negotiations with foreign powers are generally +carried on through them or through ministers of other nations stationed +at Washington. These agents are called ministers and are of three grades +(1) envoys extraordinary and ministers plenipotentiary, (2) ministers +resident, (3) _chargés d'affaires_. These grades correspond to the lower +grades of similar services in European countries. We have no grade +corresponding to that of ambassador. The United States has ministers in +about thirty-three countries. The chief legations are those of Great +Britain, France, Germany and Russia. The salary attached to each of +these legations is $17,500. The social demands upon ministers are great, +and, as a rule, the expenses of ministers have been more than their +salaries. Ministers of foreign powers receive a much larger compensation +than do ours. + +To protect our commercial interests abroad, and our seamen and vessels +in foreign ports, the United States has agents resident in all foreign +sea-ports of any prominence. Their duties are numerous. They ship +seamen, certify invoices, take testimony, examine emigrants, etc. They +transmit to the State Department monthly reports concerning any matter +of commercial or social interest occurring at their stations. These +reports are published monthly by the department and have a wide +gratuitous circulation. This system is called the consular service; and +is also under the charge of a separate bureau. These agents, called +consuls, are of three ranks and titles; (1) consul-generals, (2) +consuls, (3) consular agents, of whom 180 are salaried, the rest being +paid by fees. The names of the other bureaus indicate the nature of the +duties performed by each. + +The Department of State has been prominently before the people during +the last two years in consequence of the Pan-American Congress,[1] +composed of representatives from all American nations. This congress met +in 1889, under the auspices of the State Department at Washington, to +consider subjects of common interest, such as international arbitration, +railroad and steamship communication, uniform money and commercial +regulations. Various standing committees and commissions were provided +for; and it is believed that through their efforts better commercial and +social relations with the South American Republics will be established. +The International Marine Conference, composed of representatives from +all marine powers, likewise met at Washington under the auspices of the +same department, and adopted a code of marine regulations for the +guidance of all nations. + +[Footnote 1: The Proceedings of the Pan American Congress were published +by the Department of State, and also in the _Tribune Monthly_ for +September, 1890. Articles upon the subject _lay_ Mr. Romero, the Mexican +Minister, appeared in the _North American Review_, September and +October, 1890.] + +In foreign relations the department has been chiefly +occupied of late in the attempted settlement of the right of the English +and Canadians to capture seals in Bering's Sea and Straits, and of the +rights of American and English fishermen[1] in the fishing grounds off +the coast of New Foundland; in the conclusion of a new extradition[2] +treaty with England, and of various treaties concerning trade with other +nations. + +[Footnote 1: See _Tribune Monthly_ entitled "Our Continent, or America +for the Americans."] + +[Footnote 2: An excellent monograph upon the subject of Extradition, by +Hon. J.B. Moore, has been published by the State Department.] + +_#The Treasury Department.#_--This department was created by act of +September 2, 1789. There are two assistant secretaries. The department +is divided into a large number of divisions, with the following chief +officers: (1) The Comptrollers, (2) the Auditors, (3) Treasurer, (4) +Register, (5) Commissioner of Customs, (6) Commissioner of Internal +Revenue, (7) Comptroller of the Currency, (8) Chief of the Bureau of +Statistics, (9) Superintendent of the Bureau of Engraving and Printing, +(10) Director of the Mint, (11) Superintendent of the Life Saving +Service, (12) Supervising-Surgeon-General of the Marine Hospital +Service, (13) Supervising-Inspector-General of Steam Vessels. Other +officers are, the Supervising Architect, Commissioner of Navigation, +Solicitor of the Treasury, and Chairman of the Light House Board. + +The mention of the various divisions indicates the importance and +variety of the duties coming under this department. The Secretary is +charged with the entire management of the national finances. He submits +annually to Congress estimates of the probable revenues and +disbursements of the Government, prepares plans for the improvement of +the revenue and for the support of the public credit, and superintends +the collection of the revenue. Two comptrollers pass upon all claims +against the government and accounts received from the auditors. Six +auditors examine and adjust accounts relating to the expenditures of the +various branches of the government. + +The Treasurer of the United States receives and keeps its moneys, +disburses them on the Secretary's warrants, and manages the Independent +Treasury System. The Independent or Sub-Treasury System was adopted by +Congress in 1846. By this means the Treasury Department is independent +of the banking system of the country; but has established sub-treasuries +in the principal cities of the Union for the receipt and disbursement of +public moneys. There are sub-treasuries in New York, San Francisco, +Saint Louis, Chicago, Boston, Philadelphia, Baltimore, New Orleans and +Cincinnati. For greater convenience moneys are also deposited at certain +designated banks. Secretary Windom, however, began rapidly removing such +deposits from the banks and announced his intention to cease the placing +of deposits with any bank. + +The Register of the Treasury is the official book-keeper of the United +States. The Commissioners of Customs and of Internal Revenue have charge +respectively of the collection of customs duties and internal revenue +taxes. The Comptroller of the Currency has control of the national +banks. The Chief of the Bureau of Statistics collects and publishes the +statistics of our foreign commerce. In the Bureau of Engraving and +Printing are designed, engraved and printed all government bonds, +national bank notes, drafts, United States notes, etc., for which work +about 1200 persons are employed. The director of the Mint has general +supervision over all mints and assay offices. In addition to his annual +report he publishes yearly a report on the statistics of the production +of precious metals. + +The titles of the other officers indicate the general duties of each. +The whole department employs about 3,400 persons at Washington. + +Some of the more important public questions coming within the province +of the Treasury Department at the present time are (1) the Tariff, which +has been settled for some years by the high tariff act of this Congress; +(2) the silver question involving the gravest questions of finance, +likewise settled for a time by the silver act of this Congress; (3) the +purchase of bonds on the market as a device to reduce the surplus and +prevent the accumulation of money in the Treasury; (4) the national +banking system, whose basis is being removed by the rapid payment of the +public debt; (5) the merits of the Independent Treasury System by which +it is claimed that money is kept out of circulation and a stringency +caused in the money market; and (6) the advisability of transferring the +revenue marine service to the Navy Department. + +_#The War Department.#_--The War Department was established August 7, +1789. There is one assistant secretary. The chiefs of the bureaus into +which the department is divided, are officers of the United States Army, +and a part of the military establishment. Their titles and duties are as +follows. The Adjutant General of the Army, who has under him a large +force of clerks, has the duty of issuing orders, conducting the +correspondence of the department, and keeping the record. The +Inspector-General inspects and reports upon the condition of the army at +all points, and the accounts of the disbursing officers. The +Quartermaster-General has charge of the clothing, quarters, and +supplies, except food supplies, which form the province of the +Commissary-General. The Surgeon-General has charge of the medical +department, of the Army Medical Museum, and a special library. The Chief +of Engineers has charge of the construction of fortifications, etc. The +Judge-Advocate-General reviews the proceedings of courts-martial, and +advises the Secretary on points of law. There are also a +Paymaster-General, a Chief of Ordnance, and a Chief Signal Officer. The +Chief Signal Officer has charge of the system of communicating with +distant points by means of various systems of signals, the most +noteworthy of which is that of the heliograph, by which information is +conveyed by the use of sun-reflecting mirrors. Communication has been +established between points 125 miles distant by means of a heliograph +with a reflecting surface of but twenty square inches. + +The War Department answers more nearly than any other to the Department +of Public Works found in other governments. All public improvements, the +construction of docks, bridges, and the improvement of rivers and +harbors, are under the supervision of army engineers. All arctic +explorations and the explorations of our western territory, have been +conducted by army officers under the direction of the Secretary of War. + +The publication of war records is being made by a special board in the +War Department. Thirty-five volumes have been published. It is estimated +that there will be one hundred and nineteen volumes when the work is +completed. The Secretary of War also has charge of the Military Academy +at West Point, of certain national parks, and homes for disabled +soldiers. + +The army is commanded by a lieutenant-general under whom are three +major-generals and six brigadier-generals. It consists of about 26,000 +men distributed in the three divisions of the Missouri, the Atlantic, +and the Pacific, of which the first contains four departments, the +second, one, and the third, three. Congress appropriates and expends +through the War Department $400,000 yearly on the National Guard for its +armament and equipment. The aggregate of this reserve army regularly +organized and uniformed is 106,500 men. The Secretary also details army +officers to furnish military instruction at various colleges. + +The principal questions to-day concerning the War Department are the +advisability of strengthening our coast defences, and the lessening of +the desertions in the army, which amount yearly to from ten to fifteen +per cent, of the total strength of the army. + +_#The Navy Department.#_--The Navy Department was established April 30, +1798. There is one assistant secretary. The routine work of the +department is distributed among eight bureaus: (1) of Yards and Docks, +(2) of Equipment and Recruiting, (3) of Navigation, (4) of Ordinance, +(5) of Construction and Repair, (6) of Steam Engineering, (7) of +Provisions and Clothing, (8) of Medicine and Surgery. The chiefs of the +bureaus are officers of the United States Navy. There is a hydrographic +office attached to the bureau of navigation, which prepares maps, charts +and nautical books relating to navigation, and makes investigations +concerning marine meteorology. This Department has charge of the Naval +Observatory for which a new set of buildings is now being built at +Washington. The Department publishes yearly, for the guidance of seamen, +the nautical almanac, the preparation of which is intrusted to a +separate bureau. The department also compiles and publishes naval +records of the recent war, and has charge of the Naval Academy at +Annapolis, Maryland. The Officers of the Navy upon the active list +include one admiral, one vice-admiral, six rear-admirals, and ten +commodores. The naval force includes 10,000 officers and men, together +with 2,000 marines. The number of vessels of the United States Navy when +all the ships now authorized are completed, excluding those which by the +process of decay and the operation of law will by that date have been +condemned, will comprise 11 armored and 31 unarmored vessels. The five +stations maintained are the Asiatic, European, North Atlantic, South +Atlantic, and Pacific. The chief matter of present public interest +concerning this department is the creation of a new navy by the +construction of modern steel vessels. This new policy was begun in 1882. + +_#The Interior Department.#_--The Interior Department was created in +1849, to take charge of various duties not properly belonging to any of +the existing departments. There are two assistant secretaries. The +chiefs of the bureaus into which this department is divided, and their +respective duties are as follows: _The Commissioner of the General Land +Office_ has charge of all the public land of the government, its care, +supervision, and sale or distribution. In another chapter we give +further details concerning the operations of this important bureau. + +_The Commissioner of Pensions_ has charge of the granting of pensions to +old soldiers and sailors. He has a large force at Washington. There are +eighteen pension agencies in different parts of the country. In 1808 the +United States assumed all the state pension obligations. The act of 1818 +gave pensions to all who had served nine months in the Revolutionary +War; other wars were afterwards included. The acts of the period +beginning 1862 have enormously increased the amount paid. The report of +the Commissioner for 1890 shows that at the close of the fiscal year of +1889 the number of pensioners was 537,944, and the annual expenditures +for pensions $105,528,180.38. + +The disability pension law passed June 27,1890, will greatly lengthen +the pension list and increase the annual expenditures. The present +Commissioner says in his last report that "it is believed that there are +probably over one hundred thousand claims in this office which can be +properly allowed under the provisions of these regulations. The act of +June 27, 1890, is the first disability pension law in the history of the +world which grants to soldiers and sailors pensions for disabilities +which are not proven to have been incurred in the service and in line of +duty." Speaker Reed of the House characterized it as "the most generous +piece of pension legislation ever passed by any nation on earth." + +_The Commissioner of Patents_ has charge of the granting of patents. Up +to 1793 the granting of letters-patent was given to a board consisting +of the Secretary of State, Secretary of War and the Attorney General, +the records and models being kept in the Department of State. In 1793 +the granting of patents was given exclusively to the Secretary of State. +In 1821 the clerk of the State Department who examined applications for +patents received the title of Superintendent of the Patent Office, and +on July 4, 1836, the Patent Office was created as a separate bureau and +a Commissioner of Patents created. + +About 24,000 patents are issued annually. There is an Assistant +Commissioner-in-chief, an Examiner of Interferences, three +Examiners-in-chief, thirty-eight Principal Examiners, and a large force +of assistant examiners for different branches. Patents run for seventeen +years. The annual receipts of the bureau from fees more than equal the +expenditures, and the office now has a surplus of several millions to +its credit in the Treasury. + +_The Commissioner of Indian Affairs_ has charge of all matters +concerning the Indians, their education, government and support. There +are 239 Indian schools supported by appropriations made by Congress, 147 +of which are controlled directly by the Indian Bureau. The average +attendance of pupils at these schools is between eleven and twelve +thousand. The number of Indians in our country (not counting those of +Alaska) is about 250,000. They occupy or have control of about +116,630,106 acres. + +_The Bureau of Education_ was originally established as an independent +Department by act of Congress, approved by the President March 2, 1867. +By an act of Congress which took effect July 1, 1869, this Department +was changed to an Office or Bureau in the Interior Department. The +duties of this Bureau are to collect and diffuse information regarding +schools, methods of instruction and school discipline, etc., and +otherwise to promote the cause of education. The results of the +investigations here carried on, though with a small clerical force, are +of the utmost value to all educators, and such is the extent to which +the merit of the work and publications of this office are recognized by +the leading educators of the country, that, in their opinion, the Bureau +should be re-established as a department, and its chief be made a member +of the President's cabinet. The publications of the Bureau consist of +(1) _Annual Reports_, which set forth statistics and general information +concerning the educational systems of the States, Territories, larger +cities, universities, and colleges; professional, special, and +scientific schools, academies, preparatory schools and kindergartens, +with a summary of the progress of education in foreign countries; (2) +_Special Reports_, on subjects pertinent to the times; (3) _Occasional +Bulletins_, on matters of current educational interest; (4) _Circulars +of Information_, on important questions of educational work or history, +which are issued in yearly series. Under this last title there is now in +course of publication a very valuable series of monographs upon the +History of Higher Education in the various States. These monographs are +being prepared by competent scholars under the editorial supervision of +Dr. H.B. Adams of the Johns Hopkins University. Numerous Annual Reports +have been issued, and one is now in press, for the year 1889-90. The +working force of the Bureau is divided into three divisions: (1) +Records; (2) Statistics; (3) Library and Museum. The library of this +Office contains one of the most valuable pedagogical collections in the +country. + +_The Commissioner of Railroads_ has charge of the government's interests +in certain railroads to which the United States has granted loans of +credit or subsidies in lands or bonds. By the acts of July 1, 1862, and +July 1, 1864, Congress, in order to encourage the building of a +trans-continental railroad, granted to several Pacific railroad +companies subsidies in land adjacent to the roads, and issued certain +amounts of bonds on which was guaranteed interest at the rate of six per +cent. The amount of lands given and bonds issued were in proportion to +the number of miles of road constructed. The lands were a gift. The +bonds were to be repaid by the companies with all interest which might +have been advanced by the government. From 1850 to 1872 the various +railroads received a total of 155,504,994 acres of lands, and +$147,110,069 proceeds of bonds and interest paid by the United States. +The roads have repaid of this amount $36,723,477, leaving at the present +time due from the roads to the United States the sum of $110,386,592. +This they will be unable to pay upon the maturity of the bonds, and a +bill has been before Congress for several sessions looking towards a +better adjustment of this debt. The Commissioner of Railroads was +originally styled the "Auditor of Railroad Accounts." The office was +created June 19, 1878. + +_Geological Survey_.--This branch of the Interior Department was +established in 1879. Its work is the investigation and determination of +the geological structure of the various sections of the country, the +composition of soils, the reclamation of waste lands, etc. In this +bureau are made topographical surveys and irrigation surveys of arid +regions of the United States. The publications connected with this work, +number ten Annual Reports, thirteen Monographs, fifty-eight Bulletins +and five Statistical Papers. In these there is a discussion of the +geological structure of every state and territory, and information +concerning the occurrence and production of each great metallic and +mineral staple of the country. The bureau comprises one geographical, +twelve geological, six paleontological and four accessory divisions. A +division of mines and mining publishes an annual report on the mineral +resources and production of the United States. + +_The Superintendent of the Census._--The Superintendent of the Census is +appointed each decade for the purpose of taking the regular decennial +census. The Eleventh Census has just been taken. The first was taken in +1790. Each census has shown a tendency to be more elaborate and to +embrace a greater number of subjects than any preceding. There were +employed in the taking of the Eleventh Census 42,000 enumerators, 2,000 +clerks, from 800 to 900 special agents, 175 supervisors and 25 experts. + +In addition to these eight bureaus, the department has charge of various +other branches of government. All of the territories come under the +Secretary's supervision, and look to him in case of any difficulty. The +Secretary also has charge of the Yellowstone National Park, the Hot +Springs Reservation in Arkansas, and of certain hospitals and +eleemosynary institutions in the District of Columbia. A Superintendent +of Public Documents looks after the receipt, distribution, and sale of +government publications. + +The most important subjects of recent legislation concerning this +department have been the dependent pension act, the act providing for +the survey of Western lands suitable for irrigation, and the land +forfeiture act. By this act over 8,000,000 acres of lands were forfeited +by the railroads for failure to fulfill the conditions under which the +land was originally granted to them. + +_#The Post Office Department.#_--The Post Office Department was +established in 1789, but the Postmaster-General did not become a cabinet +officer until 1829. The Postmaster-General has charge and management of +the department, and of the domestic and foreign mail service. He can +establish post offices and appoint postmasters of the fourth and fifth +classes, i.e. those whose salaries are less than $1,000. These number +over 50,000. The total number of postoffices is about 56,000. The +President appoints to those of the first three classes. Other officers +besides the Assistant Postmasters-General are, the Superintendents of +the Money Order Division, of Foreign Mails, and of the Railway Service, +and an Assistant Attorney-General for the department. + +The United States is a member of the Universal Postal Union, of which +most, if not all, of the civilized countries are members. The central +office is known as the International Bureau of the Universal Postal +Union, and is conducted under the superintendence of the Swiss Postal +Administration, and its expenses are borne by all the nations composing +the Union. The revenues of the Post Office Department nearly equal the +expenditures, and would have exceeded them before this but for the fact +that as soon as the amount of receipts has warranted, improvements have +been made in the service, through the reduction of postage rates and +the extension of the free delivery system. It has never been the policy +of the government to make this department a source of revenue. + +The patronage of the postoffice department is the most important of any +of the departments, and it is very largely for this reason that the +Postmaster-General is a member of the Cabinet. Crawford of South +Carolina secured in 1820 the passage of an act limiting the term of +office of postmasters to four years. The appointment of postmasters does +not come under the Civil Service Act. It is the principal aim of civil +service reformers, that postmasters should be appointed under its +provisions. The most important questions of public policy concerning +this department, are the reduction of postage rates on letters to one +cent; the advisability of the establishment of a postal telegraph +service; the extension of the free delivery system, and the relation of +the department to the civil service regulations. + +_#The Department of Justice.#_--The office of the Attorney-General of +the United States was established in 1789; the Department of Justice not +until 1870. The Attorney-General gives advice upon legal points to the +President and also, when requested to do so, to the heads of +departments. He directs the cases of the United States and sometimes +appears in them, especially in the Supreme Court. He supervises the +United States Marshals and District Attorneys. His substitute and +principal assistant is the Solicitor-General. There are two +Assistant-Attorneys-General, the business of the one being connected +with the Supreme Court, and of the other with the Court of Claims. There +are also, as mentioned before, certain legal officers attached to the +other departments. Additional counsel is frequently employed to assist +in the argument of important cases. To the Attorney-General belongs the +duty of recommending persons to the office of judges, etc., in the +United States Circuit and District Courts. + +_#The Department of Agriculture.#_--The Department of Agriculture was +organized as a separate department in the year 1862. In 1889 its head +became a cabinet officer. There is one Assistant Secretary. The duties +of the Secretary are to promote in every way the agricultural interests +of the country. For this purpose the department is separated into +thirteen bureaus, under the following officers (1) the Entomologist, (2) +Chief of the Bureau of Animal Industry, (3) Chemist, (4) Botanist, (5) +Chief of the Section of Vegetable Pathology, (6) Statistician, (7) +Ornithologist, (8) Director of the Office of Experiment Stations, (9) +Microscopist, (10) Pomologist, (11) Chief of the Forestry Division, (12) +Chief of the Seed Division, and (13) Weather Bureau. The enumeration of +these titles indicates the general nature of the work of the department. +Here are investigated the habits of injurious insects and birds and the +best means for their destruction; the causes of and remedies for +vegetable and fruit diseases. The Chief of the Bureau of Animal Industry +inspects herds of cattle and causes to be slaughtered those suffering +from a contagious disease. Under a law passed in 1890, he also inspects +all cattle and meat intended for export to foreign countries. He +investigates causes of and remedies for cattle diseases, the best method +of breeding, etc. The Statistician publishes monthly and annual reports +concerning statistics of the condition, prospects and harvests of the +principal crops, the wages of farm labor, etc. The Chemist analyzes +fertilizers, soils, etc. By the act of March 2, 1887, $15,000 per annum +was appropriated by Congress to each of the States and Territories which +have established an agricultural college or an agricultural college +department, for the establishment of experiment stations. The Department +of Agriculture has general oversight over these stations. + +The Department carries on experiments regarding the feasibility of +profitable silk reeling in this country, for which purpose there is a +separate division; it also makes experiments in the manufacture of sugar +from sorghum and from beets grown in this country. The best qualities of +seeds are tested and distributed gratuitously among the farmers. Efforts +are made to introduce and foster the cultivation of new kinds of +agricultural products, and in various ways to advance agricultural +interests. + +Congress, by an act passed during its last session, 1890, created a +weather bureau under the Agricultural Department and transferred to it +the business of weather prognostication which had been tinder the Chief +Signal officer in the War Department. The service remains unchanged. It +has stations at the military stations in the interior of the continent, +at life-saving stations, and at other points in the States and +Territories. Meteorological observations are taken at each station, and +the information forwarded to the central office at Washington, where +weather predictions for the succeeding day or days are made. The +predictions are given gratuitously to the public through a system of +flag signals, by the distribution of weather maps, and by publication in +the daily papers. The percentage of successful forecasts of the weather +during 1890 was 84.4. + +The Department publishes the result of the scientific investigations +carried on by its officers in "Annual Reports" of the Secretary and +Chiefs of Divisions; in a series of "Circulars" on special subjects, in +regular "Bulletins;" and in a series of studies on "Insect Life." These +documents are distributed gratuitously. + +_#The Department of Labor.#_--The Department of Labor was created in +1884, as a bureau under the Interior Department. In 1888, it became a +separate department. It is a purely statistical bureau. It collects and +publishes statistics on the cost of production, on wages, labor +statistics, etc. Its six published reports are on (1) Industrial +Depressions, (2) Convict Labor, (3) Strikes and Lockouts, (4) Working +Women in Large Cities, (5) Marriage and Divorce, and (6) Railroad +Employés. + +Had all the executive departments been created at one time by a +constitutional convention, we should be justified in expecting a greater +symmetry and uniformity in the naming and grouping of chief officials. +An inspection of the various executive officers shows that not a few are +under departments other than would be expected; and the naming of +officials is often misleading as to their importance. Within recent +years there has appeared a strong tendency to depart yet more from a +systematic grouping of executive duties under departments. Executive +functions have been given to bodies entirely independent of the +departments. To complete our survey of the federal executive we must +consider the following: (1) the Interstate Commerce Commission, (2) the +Fish Commission, (3) the Civil Service Commission, (4) the Government +Printing Office, (5) the National Museum, Smithsonian Institution, the +Bureau of Ethnology, (6) the Congressional Library. + +_#The Interstate Commerce Commission.#_--With the growth of our railroad +system have come various abuses. Roads have discriminated in favor of +one shipper over others, and of one locality over others. Combinations +have been formed to keep up railroad passenger and freight charges. +Their influence has been used in political offices through the issuing +of free passenger tickets, etc. Various other minor abuses have centered +around these corporations. The States have been powerless to provide a +remedy for the roads have been mostly engaged in interstate commerce +with which the States are forbidden by the constitution to interfere. To +provide a remedy for the principal of these abuses Congress passed the +act of February 4, 1887, regulating the practice of railroads and +creating the Interstate Commerce Commission to enforce the provisions. +The Commission is composed of five commissioners appointed by the +President. The Commission sits as a court and adjudicates complaints +arising between railroads or between citizens and railroads, involving +principles covered by the act. It has rapidly attained its present +position as one of the most important courts in the United States. A +statistician, attached to the Commission, publishes annual statistics of +railroads, covering the extent, the amount, and value of their stock and +bonds, expenses of management, receipts, &c. The act, of course, +applies only to those railroads lying in more than one State. + +_#The Fish Commission.#_--The Fish Commission was created by act of +Congress in 1870. Its chief is the Commissioner of Fish and Fisheries. +There is also an Assistant Commissioner. This Commission stands in the +same relation to the fishery interests of the country as does the +Department of Agriculture to agricultural interests. Both are scientific +and practical departments. The former investigates the food, habits and +enemies of fishes; experiments concerning the best methods of their +capture, the best kind of baits, apparatus, etc. It collects statistics +of fish and fisheries of the whole country. Probably its most important +service is the propagation and distribution of food fishes. Under its +direction are hatched and liberated millions of the young of the best +food fishes in the various inland waters of the United States. Rivers +suitable for black bass, shad, carp, or other food fishes, but not +having them in their waters, are supplied. For these purposes the +Commission owns and manages various fish hatcheries, fish distributing +vessels and cars, propagating ponds, etc. + +The yearly appropriation for carrying on this work amounts to nearly a +quarter of a million of dollars. + +_#The Civil Service Commission.#_--To correct the wasteful and +demoralizing spoils system, in vogue ever since the first administration +of Jackson, Congress passed, January 16, 1883, "an act to regulate and +improve the Civil Service of the United States." Under the provisions of +this act, the President appoints three commissioners, only two of whom +may be of the same political party, to administer the act. It is one of +the duties of this Commission to provide examinations for testing the +fitness of applicants for public service. Appointments in those branches +of the government coming under this act can only be made from persons +who have passed the civil service examination successfully. Adherence to +one or the other political parties has little weight in the selection +of employés. Under the regulation of this act are: the nine executive +departments at Washington, the Civil Service Commission itself, the +customs districts, eleven in number, in each of which there are fifty or +more employés, all postoffices in which there are fifty or more +employés, and the Railway Mail Service; including altogether about +28,500 clerks. + +_#The Government Printing Office.#_--In order that there may be +intelligent legislation and administration, an extensive system of +reports is required. The publications of the federal government are of +course very numerous. Each department, bureau, and division makes an +annual report. The proceedings of Congress are reported verbatim and +published. This printing and binding are done by the government through +the government printing office, established for that purpose. The Bureau +of Printing and Engraving, which is under the Treasury Department, does +no part of this. Its duties are limited to those of engraving and +printing banknotes, etc. The chief of the Government Printing Office is +styled the Government Printer, and is appointed by the President. + +_#The National Museum, Smithsonian Institution and Bureau of +Ethnology.#_--In 1829 James Smithson, bequeathed by his will the whole +of his property, something over half a million dollars, "to the United +States of America to found at Washington, under the name of the +Smithsonian Institution, an establishment for the increase and diffusion +of knowledge among men." This fund held by the United States now amounts +to $702,000 yielding six per cent, per annum. In 1846 Congress +determined to devote this gift of Smithson to the founding and support +of a museum. The National Museum was established in 1846, and is +supported by annual appropriations by Congress. + +In 1879 Congress created a special bureau under the Secretary of the +Smithsonian Institution, to be called the Bureau of Ethnology, to make +researches in North American anthropology. This work is supported by +annual appropriations. The National Museum, Smithsonian Institution and +Bureau of Ethnology, though distinct institutions[1] are under +substantially the same management. Their reports are of great scientific +value. + +_#The Librarian of Congress.#_--The Librarian of Congress is an +independent officer and reports directly to Congress. He has complete +control of the Congressional Library, now situated in the Capitol +building. The books now collected in this library have been purchased +from time to time by Congress. There is a law requiring that two copies +of every book, pamphlet, newspaper, photograph, etc., copyrighted in the +United States, shall be sent to the Congressional Library. It thus +receives large and valuable additions yearly. The Library now numbers +over half a million volumes. A new building for the library is in +process of construction, and it will have cost when completed between +seven and eight million dollars. + +[Footnote 1: A valuable and suggestive paper on The Origin of the +National Scientific and Educational Institutions of the United States, +by Dr. G. Brown Goode, Assistant Secretary of the Smithsonian +Institution, was published by the American Historical Association. Vol. +IV, Part 2. G.P. Putnam's Sons, New York, 1890.] + + + +CHAPTER XI. + +The Federal Judiciary. + + +In forming the Constitution the framers of our government were +controlled by the principle that the powers which belong to all +governments can be most safely and satisfactorily exercised by dividing +them according to their nature among three separate branches, the +executive, the legislative, and the judicial. Under the Articles of +Confederation this maxim of government had been disregarded. The old +Continental Congress had been given under that plan, not only +legislative powers, but also those executive and judicial powers which +the States had yielded to the central government. + +The lack of a Federal judiciary was, as Justice Story says, "one of the +vital defects of the old confederation." Hamilton, the expounder of the +Constitution, said: "Laws are a dead letter without courts to enforce +and apply them." + +The reasons why a national system of courts was necessary were in order +that there might be some power:-- + +1. To give to laws an interpretation that would be uniform throughout +the land. If there were thirteen independent courts, each giving Federal +decisions on the same causes arising under the same national laws, what +but confusion and contradiction could arise? + +2. To settle disputes between the States and citizens of different +States. + +3. To construe and interpret the Constitution itself, and decide all +disputes arising under it act of either Congress or of a State +legislature contrary to the Constitution can therefore be valid. Hence, +the necessity of some power which should have authority to determine the +constitutionality of an act when brought into question, and-- + +5. There should be the power of determining the constitutionality of any +act of a State legislature, and thus enforce upon State legislatures the +restrictions laid upon them, such as, for example, the inability to lay +impost duties, to pass laws violating the obligation of contracts, etc., +or to regulate objects given exclusively to Congress. The manifest +necessity of such a power may be best stated by using Hamilton's own +words (Federalist, 30): + +"What would avail restrictions on the authority of the State +legislatures without some constitutional mode of enforcing the +observance of them? The States, by the plan of the Constitution, are +prohibited from doing a variety of things, some of which are +incompatible with the interests of the Union; others with the principles +of good government. The imposition of duties on imported articles, and +the emission of paper money are specimens of this kind. No man of sense +will believe that such prohibition would be scrupulously regarded, +without some effectual power in the government to restrain or correct +infractions of them. This power must be either a direct negative on the +State laws, or an authority in the Federal courts to annul such as might +be in manifest contravention of the articles of Union." * * * "These +courts are to be the bulwarks of a limited constitution against +legislative encroachments." + +These reasons were so strong that there was little or no objection in +the constitutional convention to the creation of a national judiciary, +but difficulty arose in determining its precise nature and powers. As we +have learned, the difficulty to be overcome in drafting our new scheme +of government was to satisfy State jealousies and interests, and +preserve State rights of government, and yet to obtain a strong central +government; and to harmonize State rights with Federal strength. + +In forming the national judiciary, the objects to be obtained, difficult +of achievement, were, to use the words of Judge Curtis (Federal Courts +of United States): "To construct a judicial power within the Federal +Government, and to clothe it with attributes which would enable it to +secure the supremacy of the general constitution and all of its +provisions; to give to it exact authority that would maintain the +dividing line between the powers of the Nation and the States, and to +give to it no more: and to add to these a faculty of dispensing justice +to foreigners, to citizens of different States and among the sovereign +States themselves, with a more even hand and with a more assured +certainty of the great ends of justice than any State power could +furnish--these were objects not readily or easily to be obtained, and +yet they were obtained with wonderful success." + +The establishment of the federal judiciary is given in a few words in +the Constitution: "The judicial powers 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." + +In pursuance of this clause, Congress passed in 1789, what is known as +the "Judiciary Act," the first section of which reads: "The Supreme +Court of the United States shall consist of one chief justice and five +associate justices." This act also established the inferior federal +courts, the circuit and district courts, and also defined and fixed +their fields of jurisdiction, i.e., the class of cases which these +courts could have power to try. + +The Supreme Court stands at the head of our national judiciary. Its +field of jurisdiction is the construction and exposition of the +Constitution of the United States. Hon. S.F. Miller, senior justice of +this court, speaking of the high character of the duties performed by +this court, said: "This court, whether we take the character of the +suitors that are brought before it, or the importance of the subjects +of litigation over which it has final jurisdiction, may be considered +the highest the world has ever seen. It has power to bring States before +it, States which some of our politicians have been in the habit of +considering sovereign, not only when they come voluntarily, but by +Federal process they are subjected, in certain cases, to the judgment of +the court. Whatever these States may have been at the time of the +formation of the Constitution, they now number their inhabitants by the +millions, and in wealth and civilization are equal to many of the +independent sovereignties of Europe." + +There have been considerable changes in the structure and duties of the +Supreme Court since its formation. At present there are nine justices, +instead of six. There is now one annual term of the court held, +beginning on the 2d Monday of October and continuing until about May 1. +Of the nine justices six constitute a quorum. + +The Supreme Court first met in February, 1790. Since its organization it +has had eight chief justices, in the following order. + + John Jay, 1789-1795. + Oliver Ellsworth, 1795-1801. + John Marshall, 1801-1835. + R.B. Taney, 1836-1864. + S.P. Chase, 1864-1873. + M.R. Waite, 1873-1888. + M. Fuller, 1888. + +In 1795 John Rutledge was appointed to succeed Jay, received his +commission, and held one term of the court, but was not confirmed by the +Senate. + +During the early years of the existence of the Supreme Court few cases +arose requiring its jurisdiction. During the first term there was no +business to be transacted. In 1801 there were only ten cases on the +docket, and for some years the average annual number of cases was +twenty-four; but in later years the number rapidly increased. From 1850 +the average number of cases decided was seventy-one, while from 1875 to +1880 the average was three hundred and ninety-one per annum, and now +there are more than a thousand cases awaiting a hearing, and the court +is so far behindhand in its work that it takes from three to four years +for a case to come up for trial after having been entered upon the +docket. At present there are about four hundred cases granted a hearing +yearly. + +Almost immediately after the adoption of the Constitution began +struggles and disputes between the States and the Federal Government. In +this contest the Supreme Court steadily upheld the central power, and +did much by its decisions to enforce and establish the power of the +Constitution. Especially was the court powerful during the years 1801 to +1835, when Marshall was chief justice, to whose wisdom and prudence it +is difficult to ascribe too much influence in fixing the present +stability of our government. + +The Supreme Court has been an invariable supporter of the Federal +Constitution. During the early years of our government it was our +firmest barrier against the efforts of the States to lessen the federal +power. It has always maintained the balance of power between the States +and the Union. + +The annual term of the Supreme Court begins the second Monday of October +and lasts until about May. Daily sessions, with the exceptions of +Saturdays and Sundays, are held, beginning at 12 o'clock, in the Capitol +building at Washington. The present justices are Fuller, chief justice, +and Lamar, Bradley, Field, Harlan, Gray, Blatchford and Brewer, +associate justices. Every Saturday morning the justices meet in +consultation and decide cases argued during the week. The decisions are +announced on Monday mornings. The justices are appointed by the +President, hold office for life, and are removable only by impeachment. + +The following are a few cases decided by the Supreme Court with which it +is important that we should be acquainted owing to the influence which +their decision has had upon our history: + +1. In 1793 the case of _Chisolm_ vs. _Georgia_ came before this court. +Chisolm, a citizen of North Carolina, sued the State of Georgia for a +sum of money, and under the second section of Article III of the +Constitution, which says that the judicial power of the United States +shall extend to disputes between a State and citizens of another State, +the court gave judgment in his favor. This decision that a State +government could be sued against its will created so much +dissatisfaction that the Eleventh Amendment was adopted, which says, +"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." The effect of this amendment has been to +enable a State to repudiate its just debts. + +2. In 1819 was decided the very important case of _McCulloch_ vs. +_Maryland_. The United States had established a national bank, which was +objectionable to many of the States. Maryland attempted to destroy the +bank by levying a very high tax upon a branch bank within the State. The +question as to her right to do this was brought before the Supreme +Court. To have allowed Maryland this right would have been to give to a +State Government the power to oppose and render useless an institution +created by the Federal Government. The court sustained the Federal +power, and it was declared unconstitutional for any State to pass laws +opposing the operation of any Federal statute. + +3. In the case of _Dartmouth College_ vs. _New Hampshire_ was declared +the unconstitutionally of a state law which impaired the obligation of +contracts. + +4. A very important case decided by Chief Justice Taney was that of +_Dred Scott_ vs. _Sandford_ in 1857. Dred Scott, a negro slave in +Missouri, had been carried into the Territory of Minnesota, where, by +the Missouri Compromise of 1820, slavery did not exist. Upon being +carried back into Missouri by his master, Scott claimed his freedom upon +the ground that he had been voluntarily carried into a Territory where +slavery was not allowed. The Supreme Court in its decision declared that +Congress had never had the power to pass any law which would forbid +slave-owners settling in Territories and still retaining control of +their slaves. The whole country was at this time in great excitement in +regard to the question whether or not, in the organization of the +Territories of Kansas and Nebraska into States, slavery should be +prohibited, and this decision, whereby the Missouri Compromise Act was +practically annulled, and which pointed directly forward to an +establishment of slavery in the new Territories, raised public +excitement to a fever heat. It was in this decision that the statement +was made that at the time of the formation of the Constitution the +general opinion had been that the colored man had no rights which the +white man was bound to respect. As a direct result of this case a more +determined stand was taken at the North against slavery; the +Anti-Slavery Republican party was strengthened, and their candidate for +President, Abraham Lincoln, elected in 1861, and the catastrophe of +civil war precipitated. + +5. The Legal-Tender decisions, given in several cases soon after the +civil war, are important. During the progress of the war the Government, +in order to raise funds to meet its extraordinary expenses, had been +forced to issue slips of paper which represented no deposits of coin in +the Treasury, but only promises to pay certain sums by the Government. +These were declared legal tender, that is, made by law as good as gold +and silver, and the people were forced to receive them in payment of +debts and for commodities. It was questioned whether the Government had +by the Constitution power to do this. The legal-tender decisions +declared that it had. Judicial System and Jurisdiction of the United +States Courts. + +_#District Courts.#_--The United States is divided into judicial +districts. Many single States form a judicial district, while others are +divided into two and others into three districts. The number of +districts has varied. At present there are about sixty. To each of these +districts is given a court and a district judge. These form the lowest +grade of Federal courts. + +_#Circuit Courts.#_--These judicial districts are grouped into nine +circuits. For example, the Fourth circuit includes the districts of +Maryland, Virginia, West Virginia, North Carolina, and South Carolina. +For each circuit is appointed one circuit judge. One of the justices of +the Supreme Court is also allotted to each of the circuits, who, after +the expiration of the Supreme Court term, visits his circuit, and tries +the more important cases which may arise in that circuit. The Circuit +Court may be held by the circuit judge, the Supreme Court justice, or +the district judge of that district in which the court is sitting, or by +any two of them, or all of them, sitting together. The Circuit Courts +form the next series of the Federal courts higher than the District +Courts. + +_#Jurisdiction.#_--The relation between the Supreme, Circuit and +District courts is easy to explain. Their jurisdiction is upon federal +questions; that is, over those cases mentioned in the Constitution over +which judicial power has been granted to the United States, viz., +questions arising under the Constitution, federal laws, or treaties, +between citizens of different States, between citizens and foreigners, +between States themselves, etc., and all crimes punishable under the +United States laws. + +The Circuit Court is higher than the District Court, and to it cases +involving $500 and over may be appealed from the District courts. The +Supreme Court is the court of last resort, and to it all appeals from +the Circuit Courts come, with the limitation that $5,000 be involved. +The cases decided by the Supreme Court are then of two classes: (1) +those over which it has original jurisdiction, (see Constitution); i.e., +those cases which originate or begin in that court; and (2) those cases +over which it has appellate jurisdiction, i.e., those cases which come +thither by appeal from the lower Circuit Courts, and which form the +larger part of its work, and also by appeal from the highest State +courts in cases involving certain Federal questions. The District of +Columbia being directly governed by the United States, its courts are +Federal courts, and hence, cases may be appealed from such courts to the +Supreme Court; likewise for the same reason appeals may be had to the +Supreme Court from the territorial courts. + +We must remember that these courts deal only with Federal questions +arising under United States laws, and, that besides these courts, all of +the States have their own judicial systems of courts to interpret state +laws and to try the great majority of cases. These courts are entirely +separate from the United States courts, and with different judges, +though cases may begin in them and be transferred to the United States +Courts, if the interpretation of a Federal law is brought into question. + +There are four grades of law in the United States. First and highest is +the United States Constitution; second, United States laws, or statutes +as they are called, passed by Congress; third, State constitutions; and +fourth, State laws, passed by the State legislatures. In case of +conflict of laws the lower must yield to the higher. + +For the purpose of settling claims of private persons against the United +States, there has been established at Washington a Court of Claims, held +by five judges. From it appeals lie, in some cases, to the Supreme +Court, and, in others, they are referred to Congress for action. + + + +CHAPTER XII. + +The Ordinance for the Government of the Northwest Territory. + + +When the colonies joined in union under the Articles of Confederation, +in 1781, they ceded to the General government their claims to unoccupied +western territory. The largest land grant was that by the State of +Virginia, which occupied that part of the United States lying north of +the Ohio River and east of the Mississippi River. + +The problem of management of public lands was thus early presented to +our Federal Government for solution. The manner in which Congress dealt +with this question has proven eminently wise and successful, and has +been largely influential in making the United States the nation that it +is to-day. The feature that has characterized the plan followed from the +beginning, and which still obtains, is the formation of States from such +territory as soon as there is sufficient population. Such States have +similar forms and powers of government as the original States, are on an +equal footing with them, and are bound by the Constitution of the United +States. Congress has absolute control of the Territories. (For +Territorial government see Article on Territories.) + +The ordinance which the Continental Congress adopted in 1787 for the +government of the Northwest Territory is of great importance: it +provides for the establishment of our territorial system; it contains +many of those features of management which have been used from that date +until now; and it is also of interest because of the influence it has +had upon the history of slavery in our country. + +This ordinance provided that the whole of this territory should form one +district. At first Congress appointed the governor, secretary, judges, +and military generals. The governor was to make the laws, subject to the +approval of Congress. When the population reached five thousand the +inhabitants were to have a legislature of their own, and to have a +delegate who should sit in Congress, but have no vote. There was a bill +of rights. Public education was encouraged. Not less than three nor more +than five States were to be formed from it. Ohio, Indiana, Illinois, +Michigan, and Wisconsin have been the five States formed from this +territory. The transformation of the territory into States was promised +as soon as the population should reach sixty thousand. + +Slavery was forever prohibited in all this territory. We shall see the +tremendous importance of this clause, which guaranteed to this large +tract freedom from the curse of slavery, when we come to consider the +struggles which were made for many years to keep slavery from the +territories. + + + +CHAPTER XIII. + +Government of the Territories. + + +There are at present four areas, situated outside of the States, and +organized under territorial governments. These are Utah, Arizona, New +Mexico and Oklahoma. Besides these there are the two unorganized +territories, Indian Territory, and Alaska, and the District of Columbia, +which last tract contains sixty-four square miles. + +_#Government of Territories.#_--The fundamental law of a Territory is +the Federal Constitution, just as in a State. Unlike the State, however, +it has no constitution of its own, but is regulated entirely by +Congress. In Section 3, Article IV, of the Constitution, it is declared +that "Congress shall have power to dispose of and make all needful +regulations respecting the territory or other property belonging to the +United States." In pursuance of this clause Congress has in the four +organized Territories instituted governments as follows: The executive +of the Territory is a Governor appointed by the President for a four +years' term. There is also a secretary and treasurer. The legislature +consists of two houses, a council of 12, and a House of Representatives +of 24. These are elected by the people of the Territories, and have a +term of two years. The Legislature meets every other year. All its acts +require approval by Congress before becoming law. + +The judiciary consists of three or more judges appointed by the +President, together with a district attorney and United States marshal. + +Territories send neither Senators nor Representatives to Congress, but +have one delegate apiece in the United States House of Representatives, +who may speak, but not vote. + +_#Admission of a Territory as a State.#_--A Territory is an embryo +State. As soon as a Territory becomes sufficiently populated it applies +for admission into the Union as a State, and such admission is +accomplished in the following manner. When an application by a Territory +for Statehood is made, it is considered by Congress, and, if approved, +the inhabitants of the Territory are authorized to form for themselves +out of such Territory a State government, and thus prepare themselves +for admission into the Union. + +A State government is formed as follows: The Governor of the Territory +issues a proclamation declaring that on a certain date there shall be an +election of delegates to a convention; such convention is to be held on +a certain date. These delegates are elected by a popular vote. The +members of the convention thus formed declare that they, on behalf of +the people of the Territory, adopt the Constitution of the United +States, and then proceed to draft a State constitution and government. +It is provided that this constitution shall be Republican in form, and +make no distinction in civil and political rights on account of race or +color, except for Indians not taxed: that it shall not be repugnant to +the Constitution of the United States and the principles of the +Declaration of Independence. Perfect religious toleration must be +guaranteed, all right or title to the unappropriated public lands lying +within the Territory must be disclaimed and given over to the United +States. Provision must be made by the constitution for the establishment +and maintenance of the system of public schools. + +After adoption by the convention the constitution is offered to the +people for ratification. If it is ratified, the Governor certifies the +fact to the President of the United States. Provided the constitution is +found to comply with all the conditions just mentioned, the President +issues his proclamation declaring the ratification of the constitution, +and upon the same day that the proclamation is issued the territory is +deemed admitted by Congress into the Union as a State, on an equal +footing with the original States, and entitled to representation in both +houses of the Federal Congress. The representatives and the Governor and +other State officers are elected on the same day as that upon which the +constitution is ratified by the people. + + + +CHAPTER XIV. + +State Governments. + + +The United States is a nation of forty-four federated States. Each State +has its own separate government, which is sovereign, except as to a few +powers which have been granted to the United States government for +general purposes. Citizens of States are also citizens of the United +States, and thus owe a double allegiance, namely, to the State in which +they reside and to the United States. + +These States vary in size from that of Texas, the largest, with an area +of 265,780 square miles, to that of Rhode Island, the smallest, with +1,250; and in population from that of New York, with nearly six +millions, to that of Nevada, with about forty-five thousand. The largest +State is greater than either France or the German Empire. + +State governments are older than the Federal government, for it was by a +grant by the States of certain of their powers that the United States +government was created. Each State is represented in Congress by two +members in the Senate. Members of the lower branch of the Federal +legislature are apportioned among the States according to population. As +in the case of the United States, the powers of government are divided +among three departments--the executive, legislative, and judicial. + +In the United States Constitution it is expressly declared that "the +powers not granted to the United States by the Constitution, nor +prohibited by it to the States, are reserved to the States respectively, +or to the people." It would require considerable space to enumerate the +duties of State governments. With the exception of the few acts which +the constitution forbids them to perform, most of which they would not +care to perform if allowed, and the few general powers coming within the +province of the Federal Government, the States can do whatever their +legislatures sanction. They can go to the extremes of State socialism. +All States have a complete judicial system. They regulate all legal +relations of their citizens, the laws of husband and wife, principal and +agent, and of contract. They provide for the detection and punishment of +crime. They control and mainly support the militia of the county. +Railroad, banking, insurance, and other corporations, are chartered and +controlled by them. The construction and maintenance of roads, the care +of the public health, the inspection of factories, the determination of +the right of suffrage, and the control of its own elections are among +the exclusive powers of State governments. Our extensive system of +public schools are under the dual management of the State and local +governments, and under the superintendence of State officers. The State +takes care of the defective classes, of the insane, paupers, etc.; and, +in general, performs all those ordinary duties concerning internal +affairs which are exercised by central governments. + + Each State government has-- + + 1. A Constitution. + + 2. A Legislature of two Houses. + + 3. An executive, composed of a Governor, Lieutenant-Governor (in + almost all cases), Secretary of State, Auditor, and a few other + officers. + + 4. A system of local government in counties, towns, cities, etc. + + 5. A body of State laws. + + 6. A judicial system of courts, from which no appeal can be had to + United States courts, except upon Federal questions. + + 7. A system of local taxation. + + Each State government has all the rights usually pertaining to a + sovereign State, except--Those powers which the Federal + Constitution expressly forbids to the States. + + 3. Those powers which have in the Constitution been exclusively + given to the United States. + +All States have public debts, which they may, and sometimes do, +repudiate. They can be sued only by other States. The Eleventh Amendment +declared that a citizen could not maintain a suit against a State. State +laws are binding only within the boundaries of the State enacting them. + +_#State Constitutions.#_--As the Federal Constitution is the supreme law +of the United States, so the State constitution is the highest law of +the States. The Constitutions of the original thirteen States were +naturally formed after the model of the charters enjoyed by the New +England colonies. In the colonies of Rhode Island, Connecticut, and +Massachusetts their charters were adopted as constitutions without any +change, except, of course, the annulment of obedience to the English +king. All subsequent constitutions have been closely modeled after these +first thirteen. The Federal Constitution provides that all State +constitutions must be Republican in form. (For other conditions of +admission of territories as States, see subject "Territories.") The +modes of amendment of constitutions differ in different States, but in +all, amendment is much easier of accomplishment than in the case of the +Federal Constitution. This is shown by the fact that since 1776 there +have been adopted by the States one hundred and five complete +constitutions, and two hundred and fourteen partial amendments; while, +since the passage of the first ten Federal amendments in 1789, there +have been but five additional amendments. Some States provide that the +constitution shall be submitted to the people for amendment at the end +of certain intervals of time. In the larger number of cases a majority +of the popular vote is required for ratification of a constitutional +amendment. State constitutions show a tendency to become longer, and to +regulate a constantly increasing number of subjects. + + A normal State constitution has the following provisions: + + 1. A definition of the State boundaries. + + 2. A bill of rights (guaranteeing private rights, such as freedom of + the press and speech, trial by jury in criminal cases, right to + assemble and petition, etc.). + + 3. A frame of government, an enumeration of officers and powers of + legislature, executive, courts of justice, etc. + + 4. Miscellaneous provisions, relating to administration of schools, + militia, taxation, debts, local government, corporations, + amendments, etc. + +_#State Legislatures.#_--The legislature in all States consists of two +Houses, of which the upper and smaller branch is called the Senate, and +the lower and more numerous branch usually the House of Representatives, +though in six States it is termed the Assembly, and in three the House +of Delegates. The members of both houses are elected by popular vote, +but Senators usually for a longer time, and frequently higher +qualifications for them are required. States are divided into districts +for election purposes, and, though members of the legislature may offer +themselves for election from any district, it has become the invariable +custom for them to be elected only from the districts in which they +reside. Universal manhood suffrage, that is, the right of all male +citizens over 21 years of age to vote, is the rule, though in eight +States paupers have no vote, and in a few, a certain amount of education +is required (generally enough to read the State constitution). The +number of members in the State legislatures varies greatly. In the +Senate, Delaware has the smallest number (9), and Illinois the largest +(51). In the lower House, Delaware has likewise the smallest number +(21), while New Hampshire has the greatest (321). + +The Lieutenant-Governor of the State is _ex officio_ President of the +Senate. In all States, except six, sessions of the legislature are held +only once every other year, and even then the length of the session is +limited to a fixed number of days. As in Congress, business is conducted +by means of committees, but are in both Houses elected by ballot. The +State legislatures have full charge and control of all local +governments within their individual States. The Senate has the power of +trying impeachments of State officials. It also ratifies appointments of +the Governor. In all States, except four, acts of the legislature +require the signature of the Governor before they become laws. To pass a +bill over a veto requires in twenty-three States a two-thirds vote in +both Houses; in two, a three-fifths vote, and in nine, a majority vote +of the total number of members. A State legislature can enact no law +which will be effective beyond its own boundaries. + +_#State Executive.#_--The chief executive of the State is the Governor. +Other chief officials are the Lieutenant-Governor, Treasurer, Attorney +General, Secretary of State, Auditor, and Superintendent of Public +Instruction. The term of office of the Governor varies in different +States from one to four years. He has but small powers of appointment, +most of the State officials being elected by the people. In all but four +States he has a veto on legislation. He has the power of pardoning. The +Lieutenant-Governor is President of the Senate. + +_#State Judiciary.#_--The State judiciary includes three sets of courts: + + 1. A Supreme Court of Appeals, the highest court, from which cases + involving Federal questions may be appealed to the Supreme Court of + the United States. + + 2. Superior courts of record. + + 3. Various local courts, such as county courts, corporation courts, + etc. + +Each State recognizes the judgments of other States, and gives credit to +their public acts and records, and delivers up to justice, on demand of +the executive, any criminal fleeing from other States into her borders. +In most of the States the judges are elected by the people, though in +eight they are appointed by the Governor, and in five by the +legislature. The Attorney-General conducts cases in which the State is a +party, and manages other legal business in which the State is +interested. + + + +CHAPTER XV. + +Local Government. + + +In the chapter on Government we learned that the people of the United +States owe allegiance to two systems of government; the one a central +national government, the other the state governments. We have now to +mention a third system of governments, namely, local governments; for +citizens of the United States live, in reality, under three distinct +governments: first and highest, the National United States Government; +second, State governments, and third, local governments. It is +concerning local governments in the United States that we shall learn in +this chapter. + +Just as the whole United States is divided into forty-eight sections, +each section being a State or Territory, so each State is in turn, for +convenience in the administration of its government, divided into small +local areas, each division managing those affairs which appertain to its +own area. Many of these divisions were not formed by dividing up the +States. The divisions came first, or sprang up naturally within the +States as soon as the colonies were settled. Social governments were the +first governments formed in the settlement of our Western territory. Dr. +Edward Bemis has described the beginnings of government in a new State +in the following interesting manner: + +"The genesis of local government in Western hamlets is very simple. +First comes the settler who, ax in hand, clears the ground for his +humble dwelling, and plants whatever seed he has brought with him. Then +comes another settler and another until perhaps a dozen families are +established near. Two wants are now felt: roads, or at least paths from +house to house, from hamlet to market town, and a school-house for the +multiplying children. There is no strong central authority to provide +these things, but the settlers meet and vote to tax themselves. The +services of a supervisor, collector, clerk, constable and justice of the +peace are required."[1] This is the beginning of the township and +county. As population increases, other wants arise which only a stronger +government can supply. A territorial, and then a State government are +consequently formed. + +[Footnote 1: Local Government in Michigan and the Northwest. _J.H.U. +Studies in History and Political Science._ Vol. I, No. 5, p. 11.] + +The principal duties of local governments are those of education, +police, sanitation, charity, the construction and maintenance of public +roads, the administration of justice, the assessment and collection of +taxes, etc. + +There are three types of local government in the United States: First, +the New England type, in which the unit of government is the town or +township; second, the Southern type, in which the unit is the county; +and third, the Western system, in which the New England and Southern +systems are combined. + +_#1st. Local Government New England.#_--Here the unit of government is +the township, or town, as it is usually called. There are few towns +exceeding five square miles in area, and the population is generally +less than 3,000. The New England township is therefore not a thickly +settled area. When a town becomes closely settled it is incorporated as +a city. + +In the New England towns the people govern themselves directly. In the +State and Federal governments the people are governed not by themselves, +but through representatives chosen by themselves. The town or township +form of government is that of a pure democracy; the States and Federal +governments are representative governments or republics. + +The supreme governing power of a town is in the town meeting, composed +of all qualified voters of the town. The town meeting is held in the +Spring of each year. After the choice of a Moderator, officers are +elected for the ensuing year, reports of officers for the past year +read, and the amount of taxes to be raised and expenditures to be made +during the year, determined upon. The officers are the Selectmen, three, +five, seven or nine in number, who constitute the executive officers of +the town, and administer the ordinances passed by the town meeting; a +town clerk, who keeps a record of the proceedings of the town meeting, +and a record of births, deaths, marriages, etc.; a treasurer, assessors +and collectors of taxes, constables, and various other petty officers. +Several offices are frequently given to the same individual. + +The county also exists in New England, and is formed by the union of +several towns, but it is of very little importance, and has but few +duties. The township system is found in the Middle States, but in a +modified form. It is less democratic as a rule--officers being elected +by ballot, the town meeting generally absent, and county government more +important. + +_#2d. Local Government in the South.#_--Here the town (township) does +not exist, except in a few instances. The unit of government for +performing local duties is the county, which is much larger than the New +England townships. The county government is managed by a Board of County +Commissioners. These are elected not in open meeting as are the town +officers, but by ballot. County government is therefore a representative +or republican government. The county, wherever found, is primarily a +judicial district. The chief officer for executing the decrees of the +county judiciary is the sheriff. Other county officers are the +treasurer, assessor, etc. + +_#Local Government in the West.#_--Here, as before stated, we find the New +England and the Southern systems combined, but combined in different +States in such various degrees as to make impracticable any attempt to +describe them more particularly.[1] In consequence of the grants of land +by the Federal Government to Western States for education, local areas +for the administration of these funds have been formed. These are called +school districts. Local government has tended to center around these +districts, and they have in many cases become important administrative +districts. Their boundaries coincide with the boundaries of the +townships and counties, though a number of school districts may be in +one county or township. + +[Footnote 1: More detailed accounts of the various systems of Local +Government in the United States may be found in the early numbers of the +_Johns Hopkins University Studies_, and also in Professor George E. +Howard's _Local Constitutional History_, an extra volume in the same +series.] + + + +CHAPTER XVI. + +City Government. + + +The proportion of people in the United States who reside in cities is +increasing. In 1790 there were only thirteen cities of 5,000 inhabitants +and none with 40,000. Now there are over 500 that have a population +exceeding 5,000 and 28 with a population of 100,000. In 1790 33 per +cent. of the total population lived in cities of over 8,000 inhabitants, +while to-day over 25 per cent live in cities of this size or over. + +When any small area becomes thickly and permanently settled, and a +certain population is reached (which varies in different States), the +state legislature is appealed to, and a charter of incorporation as a +city is granted. This enables the incorporated district to act +independently of the county or township, to levy municipal taxes and +carry out public improvements. Rapid as has been the growth of cities, +the duties required of city governments have increased still faster. + +The government of our large cities has become a question of vital +importance. It would be difficult to give a complete list of the duties +devolving upon them. The principal duties are (1) the collection of +municipal and state taxes, (2) the establishment and care of public +schools, (3) the administration of justice, (4) police supervision, (5) +the support of a fire department, (6) the care of the streets, (7) of +street gas and electric lighting, (8) of sewerage, (9) of the water +supply, (10) of public parks, (11) of sanitation and public health, (12) +of prisons, (13) the supervision of the liquor traffic, (14) the +regulation of street railways, (15) the enforcement of building +regulations, (16) the supervision of charities, hospitals, asylums, +etc. + +The form of government of all our large cities is much the same. It is +substantially a reproduction, in form, of the state governments. First, +there is a mayor, who is the chief executive, and is elected directly by +the people of the city. His term of office is sometimes only one year, +though more often two, three, or four years. In almost all cases he has +a veto on acts of the city legislature, which veto may, however, be +overridden by a two-thirds vote. + +Other subordinate officials are, the treasurer, collector of taxes, +chief of police, health officer, etc. They are in part elected by the +people, in part appointed by the mayor, or appointed by the city +legislature. Practice varies in different cities. + +City legislatures are of one or two houses. The larger cities usually +have two houses, and the smaller cities one house. + +The legislature is usually called the City Council, the upper branch the +Board of Aldermen, and the lower and more numerous branch, the Common +Council. The members of the city council are elected by the people. The +acts of the council are called ordinances. They are not sufficiently +general to merit the designation of laws. + +City judges are usually elected by the people. The administration of the +various duties of municipal government are generally given to special +boards of officers, as the police department, fire department, etc. For +election purposes, cities are divided into wards, and the wards into +voting precincts. + +Our methods of municipal government have proved the least successful of +any of our institutions. Corruption and grave abuses exist in almost +every one of the larger cities. Problems connected with city government +are among the most important questions of our time. + + + +CHAPTER XVII. + +Government Revenue and Expenditure. + + +Government is an enormous business enterprise, maintained and operated +by its citizens, that certain duties of a general interest and benefit +may be performed. The magnitude of the work performed necessarily +requires the expenditure of vast sums of money. The chief source from +which these sums are derived is taxation. Taxes have been defined to be +"the legally determined and legally collected contributions of +individuals for meeting the necessary and general expenses of the +State."[1] In the large majority of cases this is a good definition, but +in a few instances it is too narrow. There are some taxes that are +levied not primarily for the purpose of raising an income to meet the +expenses of the government, but to subserve some other purpose. For +instance, the maintenance of our high duties on articles imported into +the United States from foreign countries has for its main purpose the +protection of our industries from European competition. The large +revenues that are derived therefrom are incidental. High liquor +licenses, also, are maintained for the express purpose of lessening the +consumption of intoxicating beverages. + +[Footnote 1: Carl Knies.] + +The aim of every good government is to distribute its burdens of +taxation, as well as its benefits, fairly and equitably among its +citizens. It is the duty of every citizen to assist in the realization +of this aim, by an intelligent, honest and disinterested vote. Equality +of taxation means equality of sacrifice. Each person should contribute +towards the support of the government in proportion to his means and the +benefits enjoyed. It is the duty of every citizen, first to see that +just and expedient tax laws are passed, then to pay his proper +proportion, and lastly, to see that his neighbors likewise contribute +their share. To obtain an equitable system of government revenue and +expenditure has been the great motive force which, in the past, has +urged the people forward in their efforts to secure popular forms of +government. + +The power to tax is legislative, and, according to our theory, can be +exercised only by representatives directly elected by the people. The +refusal of England in the last century to extend this principle of "no +taxation without representation" to her colonies in America, lost her +these possessions. A government to be stable and efficient must possess +adequate powers for the collection of its revenue. The miserable +condition to which the old Confederation was reduced by reason of the +inadequacy of its powers in this respect, has already been discussed. +Says Fiske: "Between the old Continental Congress and the government +under which we have lived since 1789, the differences were many; but by +far the most essential difference was that the new government could +raise money by taxation, and was thus enabled properly to carry on the +work of governing."[1] + +[Footnote 1: _Civil Government_, p. 77.] + +The sources of government revenue other than taxes, are various, and +differ in different countries. In our consideration of the revenues and +expenditures of our national, state, and local governments we shall have +occasion to notice the various means by which their treasuries are +filled. + +_#The Federal Government#_ raises its revenues independently of the +other governing bodies, from different sources, and by a different set +of officials. Besides taxation, the principal source of revenue is from +the sale of public lands. Federal taxes are of two kinds: + + 1. Customs duties. + + 2. Excise or internal revenue duties. + +Of these, much the greater sum is raised from customs duties. For the +year 1889,[1] the total net receipts were $387,050,058. Of this +$223,832,741 was derived from customs, and $130,894,434 from the +internal revenue duties. The sale of public lands yielded in that year +$8,038,651. The miscellaneous revenues amounted to $24,297,151. + +[Footnote 1: For fiscal purposes the year begins July 1st.] + +Customs or tariff duties are taxes which have to be paid on a large +class of goods imported into this country from foreign countries. These +charges are collected by Government collectors, stationed in all our +principal seaport cities, who inspect all incoming vessels and determine +the amount to be paid, according to the rate determined by Congress. +This system constitutes the so-called protective tariff policy of our +country. Those commodities not so taxed are said to be on the "free +list." How much, and on what articles these duties shall be levied, is +the question upon which the Republican and Democratic parties differ; +the former favoring high, and the latter low rates, that is to say +merely enough to support the Government, or, as it is termed, "a tariff +for revenue only." + +Internal revenue duties are those taxes collected by the government from +its own citizens upon a small class of articles produced in this +country. The chief items of this class are distilled liquors, tobacco, +and oleomargarine. In 1889, out of the $130,894,434 received from +internal revenue, there was derived from spirits and fermented liquor +$98,036,041; tobacco, $31,866,861; oleomargarine and miscellaneous, +$991,532. These duties are collected by Government collectors stationed +in every United States district, who visit the distilleries, collect the +taxes, and see that the law is enforced. In several Southern States +attempts to evade the law are very frequent and difficult of detection. +The expenses of the vast postal system conducted by the Federal +Government are very nearly defrayed by the charges made for postage, and +the amount received by fees more than equals the expense of the Patent +Office. + +_#The State and Local Taxes#_ are generally, for convenience, collected +at the same time, and by the same officials, but independently of the +Federal government. The Constitution of the United States forbids the +States to derive a revenue from duty upon goods imported or exported. +The States are, therefore, for the most part, restricted to a direct tax +on property for the support of their governments. + +The general method for raising this tax is as follows: The legislature +of the State, having determined what income is needed, apportion this +sum among the counties, or, in New England, directly among the +townships, in proportion to the value of the property situated within +them, or establish a certain percentage tax on all property, to be +collected in the same manner. So, similarly, the counties apportion +among the cities and townships within their areas, in proportion to the +value of their taxable property, not only what they have to pay to the +State, but also the sums they have to raise for county purposes. Thus +when the township or city authorities assess and collect taxes from the +individual citizens, they collect at one and the same time three +distinct taxes--the State tax, the county tax, and the city or township +tax. Retaining the last for local purposes, they hand on the two former +to the county authorities, who, in turn, retain the county tax, handing +on to the State what it requires. Thus trouble and expense are saved in +the process of collection, and the citizen sees on one tax paper all +that he has to pay. The chief tax is the property tax, based on a +valuation of property, and generally of all property, real and personal. +Of this, by far the greater sum is realized from the tax on real +property, (land and buildings on it). Cities and other local +subdivisions, as has been stated, are raising their revenues more and +more from the sale, taxation, or operation of such public franchises and +rights as street-car lines, gas and waterworks. Those who fix the value +of taxable property and thus determine the amount the owners are to pay, +are called assessors. Those collecting taxes are called collectors. The +revenue of the States is seldom large in proportion to the wealth and +number of the inhabitants, because the chief burden of administration is +borne not by the States, but by the Federal government, on the one hand, +and the local subdivisions of the States on the other. The total revenue +of all the States is barely one-third that of the Federal government. + +_#The Expenditures#_ of all the governing bodies, Federal, State, and +local, are kept entirely independent of each other. Those of the Federal +government are for the benefit of all the States, while those of the +other bodies are only for their own individual benefit. The Federal +government receives much more than it expends, and has yearly a surplus +on hand in the Treasury. The States and local bodies have in the past +expended more than their revenues, making up their deficiency by loans +on their credit. + +The chief objects of Federal expenditure (in addition to the postal +system already considered and for the most part supported by its own +revenue) are: 1st, interest on the public debt; 2d, pensions to disabled +soldiers; 3d, for the support of the civil branch of the government; +4th, war and naval expenditures. + +Total expenditures for the year 1889 were $299,288,988. The chief items +were: + + 1. Interest on the public debt, $41,000,484 + 2. Pensions, 87,624,779 + 3. Civil service, 80,664,064 + 4. War and Navy, 65,815,079 + 5. Indians, 6,892,207 + +Money can be expended by the government only after it has been +appropriated by Congress in its annual appropriation bills. The +appropriation of supplies by Congress is the most important business +that it transacts. Every year the heads of all the different departments +frame estimates of the amounts of money needed to support their +departments during the following year, which estimates they send to the +Secretary of the Treasury, who, after considering and revising them, +transmits them to Congress in his "Annual Letter." This letter is +considered by the Appropriation Committee, whose duty it is to consider +and frame bills for the appropriation of moneys. Though guided by these +estimates, supplies frequently depart widely from them. After being +reported to the House and passed, money bills are sent to the Senate, +where they are invariably amended by increasing the appropriations and +are returned to the House. A conference committee is then appointed from +the House and Senate Committees on Appropriations, who, after mutual +concessions, agree upon such appropriations as will be passed by both +houses. The House then amends the bill as agreed upon, passes it, and +sends it to the Senate again, which in turn passes it, and sends it to +the President for his signature. All bills for raising money must, by +the Constitution, originate in the House. Besides the appropriations for +the expenses of government there is annually authorized a large +expenditure for improvement of rivers and harbors. Many of the +expenditures authorized by these bills are undoubtedly unnecessary, but +they are passed by general consent of the members, each of whom desires +to increase his popularity at home by getting public money spent in his +district. + +The expenses of the State governments are not heavy, and are devoted to +but few objects. The chief expenditures are for:--(1) the salaries of +officials; (2) judicial expenditures; (3) the State volunteer militia; +(4) grants to public schools; (5) public charities and institutions, as +prisons, insane asylums, etc., (6) interest on State debts; (7) internal +improvements and public buildings. + +The methods of appropriations are similar to those employed by the +Federal government. + +The expenditures of the local bodies, and particularly cities, are much +larger, in proportion to their population, than those of the States, and +are increasing at a greater rate than the increase of population. The +objects of expenditure are numerous and very important. The chief ones +are: (1) Interest on local debts; (2) maintenance and care of the +streets and roads; (3) lighting of streets; (4) police; (5) salaries of +officials. + +The following are outlines of the receipts and expenditures of the State +of Maryland for 1888, and for the City of Baltimore for 1887. These +figures are given not because they of themselves possess any especial +importance, but because from them can be obtained an idea of the +activity of a typical State and city. + +_#Maryland.#_[1]--The total receipts from all sources were $2,542,130; +and there was paid out $2,016,060. The chief receipts were from: + + General Taxes, $793,301 + Licenses, 487,969 + Corporation Tax, 73,553 + Railroad Tax, 58,455 + Inheritance Tax, 57,767 + Income from Stocks and Bonds owned, 206,175 + Fees, 17,585 + +_#Baltimore.#_[2]--The gross receipts into the treasury for the year +ending December 31, 1887, were $8,446,439, and were chiefly from the +following sources: + + Taxes, $4,210,112 + Public schools, tuition fees, etc., 6,766 + Market houses, rent of stalls, 58,287 + Wharfage and rent of wharves, 33,561 + General licenses, 44,609 + Auction duties, 7,431 + Dividends on stock in B. & O. R.R., 130,000 + Water rents, 745,446 + Passenger railway companies, 132,167 + From the State for public schools, 147,403 + Temporary loan, 1,510,000 + Receipts to pay interest on loans, 896,704 + Sale of stock, 243,285 + +The total disbursements were $8,403,930. Of this $4,541,357 was spent on +account of expenses of city government, the following being the +principal items of expense: + + Interest on the public debt, $915,987 + Expenses of law courts, 118,906 + Expenses of jail, magistrates, &c., . . 103,587 + Public schools (less amount paid by State), 594,089 + Expenses of poor, 210,739 + Police department, 702,882 + Street-cleaning department, 263,934 + Fire department, 214,226 + Street lighting, 221,203 + Parks, &c., 52,080 + Salaries, 72,624 + City council, 52,925 + +[Footnote 1: Finance Statistics of the American Commonwealths: E.E. +Seligman. Publications of Am. Statistical Asso., Dec., 1889.] + +[Footnote 2: R.T. Ely, _Taxation in Am. States and Cities_.] + +Nearly all of our State and local governments, as well as the national +government, have contracted large public debts, the interest payments +upon which constitute one of the chief items in their lists of +expenditures. The present debt of the Federal Government is largely the +result of the enormous expenditures occasioned by the Civil War. In +1865, August 31, it reached its highest point $2,381,530,294, with an +annual interest charge of $150,977,697. Since then it has been steadily +reduced until in 1889 the total interest-bearing debt was but +$829,853,990, with an annual interest charge of $33,752,354. The +principal of the national debt is mainly in the form of interest-bearing +bonds held by the National banks and private individuals. These bonds +are of various denominations and are promises of the government to pay +the sums named on their face, at the expiration of a certain period. The +bonds at present unpaid, and as such constituting the major portion of +our national debt, are principally of two kinds; those bearing four and +one-half per cent, annual interest and falling due in 1891, and those +bearing four per cent, interest and falling due in 1907. + +The debts of most of the States were contracted by ill-advised and +untimely systems of internal improvements. The total state indebtedness +June I, 1890, as shown by the Eleventh Census, was $238,396,590, a +decrease of slightly over $58,000,000 in ten years. The tendency now +seems to be for States to withdraw from the money market as borrowers, +and for the county and city governments to take their place. + +The local debts are very large, and have shown a marked increase during +the last twenty years. They have been for the most part incurred in +improvements and construction of public works, which have in most +instances well repaid the debts incurred. + + + +CHAPTER XVIII. + +Money.[1] + + +No man by himself produces everything he wants to use, but devotes his +time to the production of some few things, and the surplus that he does +not use, he exchanges for other things made by other men. In rude stages +of society this is done by a direct exchange of one commodity for +another, _e.g._ so much wheat or corn for a gun or plow. This is a very +imperfect and cumbersome method, which cannot be employed in our present +complicated transactions of buying and selling. There thus early +developed the use of money, or the practice of referring the value of +all things to one standard, usually the precious metals: so that, +instead of trading 20 bushels of corn for a plow, where it would be +necessary to go to the great trouble of finding a man who had a plow, +and also wanted your corn, you sell it for so much money, and with this +money you buy a plow. Money is thus but a medium of exchange and a +standard of value. + +In the United States, as in most nations, money has always been made by +the Government, and the Government alone, so that one certain fixed +system may prevail. For the sake of convenience, money is made of +various kinds and denominations, and United States money may +conveniently be regarded under the five following divisions: 1. _#Gold +Coin, Gold Bullion, and Gold Certificates.#_--There are six gold coins: +(1) the eagle, $10 piece; (2) the double eagle, $20 piece; (3) the half +eagle, $5; (4) the quarter eagle, $2.50; (5) the $3 piece, and (6) the +$1 piece. The three last are but little used. The gold bullion, or gold +in bars and blocks uncoined, is for all practical purposes as good as +the coin, and in foreign trade is much used, it being more convenient to +handle. Besides the gold coin and bullion there are in circulation gold +certificates. These are paper, the same in general appearance as the +ordinary bank-note, and certify that an equivalent amount of gold has +been deposited with the Treasurer of the United States, and that the +holder of the certificate has the right to obtain the gold for it at any +time. This does not increase the amount of money in circulation, as for +every one issued just so much coin is withdrawn and stowed away in the +Treasury. The certificates are used simply for convenience, and in order +to avoid the necessary wear of the coin if in constant use. These +certificates are of the denomination of $20. + +2. #_Silver Dollars and Silver Certificates_#.--There is no silver +bullion circulating as money, for a silver dollar does not contain a +dollar's worth of silver, as the gold dollar does of gold, and the +silver bullion is thus of different value (less value), according to +weight, than the silver dollar. The silver certificates are similar to +the gold certificates, already described, and certify that an equivalent +amount of silver has been deposited in the Treasury. + +3. _#Subsidiary and Minor Coins.#_--All coins of a lower denomination +than $1 belong to one or the other of these two classes. There are three +subsidiary coins, the fifty cent, the twenty-five cent, and the ten cent +pieces. The three cent piece is no longer coined. All other coins are +minor coins. The peculiarity of the subsidiary and minor coins is that +they are, as compared with the standard coins (gold and silver dollars), +of a greater value than the value of the metal they contain. The +subsidiary coins are legal-tender to the amount of $10, the minor to +the extent of twenty-five cents. By legal-tender is meant that the +government has ordered that it must be received in payment of all debts +and articles bought. Gold coin and the silver dollars and certificates +are legal-tender to any amount. + +4. _#Treasury Notes.#_--Under this head are included that form of money +ordinarily known as "greenbacks," from the color of their backs. They +were originally issued during the civil war, and are promissory notes on +the part of the government, and as such constitute a portion of the debt +of the government. They are paper, which of itself is of no value, and +no coin is deposited in the Treasury which they represent, as in the +case of the gold and silver certificates. They thus cost the government +nothing, and, as they are made legal-tender, and paid out by the +government, they were just so much clear gain to it. At first they were +not redeemable, i.e., exchangeable for coin at the Treasury, but since +1879 they are, and are therefore just as valuable now as any other form +of money, though formerly worth much less than their face value. One +hundred million dollars in gold is kept on deposit in the Treasury for +their redemption. + +5. _#Notes of National Banks.#_--This is the one form of money that is +not issued directly by the Federal government, but through the agency of +what is called our "National Banking System," which may be thus +described: A national bank can be organized by any number of men, +provided the capital stock of the bank is at least $100,000. One-third +of the capital must then be invested in government bonds and deposited +in the United States Treasury. The bank may then issue notes to the +extent of 90 per cent, of such deposit. Such notes are thus amply +secured by the deposits with the government. The government guarantees +their payment, and so they circulate as well as the certificates issued +directly by the government. Thus a great deal of the paper money in +circulation is issued by the national banks, which must, on demand, be +redeemed with coin, and, in case of failure of the banks, are paid by +the government, which reimburses itself from the deposits. A bank-note +differs from a Treasury note in two particulars. The Treasury note or +"greenback" is a promise of the government, and is legal-tender in +payment of all private debts; the bank-note is the promise of a private +company, and is not legal-tender. A bank-note is said to be paid when +the bank gives a greenback or coin for it. A greenback is said to be +paid or redeemed when the government gives gold for it. + +The following figures, taken from the report of the Secretary of the +Treasury for 1889, give the amounts of the various sorts of money +described in the foregoing, which were then in the Treasury, in the +banks, and in the hands of the people: + + Gold coin and gold bullion, $680,063,505 + Silver coin and silver bullion, 343,947,093 + U.S. Treasury notes, 346,681,000 + National Bank-notes, 211,378,963 + Subsidiary coins, 76,601,836 + +It will be noticed that gold and silver certificates are not included, +for, as explained, they merely represent an equal amount of coin or +bullion on deposit. + +The total amount of money is thus approximately $1,660,000,000, which, +divided by the total population, gives about $27 per capita. It should +be borne in mind in connection with these figures that other devices, +such as checks, drafts, bills of exchange, and other forms of credit, +are used side by side with money in carrying on trade and serving the +same purposes. + +By the Compromise Silver Bill of July 14, 1890, provision was made for a +new kind of paper money. By this act the Secretary of the Treasury was +directed to purchase, from time to time, silver bullion to the amount of +4,500,000 ounces each month, and to issue in payment for such purchases +Treasury notes; these notes so issued to be redeemable on demand in +coin, and to be a legal tender in payment of all debts, public and +private, except where otherwise expressly stipulated. + +[Footnote 1: In the preparation of this article, much assistance has +been derived from an article by H.C. Adams contributed to the +_Chautauquan_.] + + + +CHAPTER XIX. + +Public Lands of the United States. + + +Prior to 1781 but six of the original thirteen States--New Hampshire, +Rhode Island, Maryland, Pennsylvania, New Jersey, and Delaware--had +exactly defined boundaries. The others claimed lands of various extents, +stretching to the Mississippi River, or even to the Pacific Ocean. The +title to all this land was then in the individual States, and the +National Government, as such, had no land of its own. This question of +the ownership of the western land was one of the subjects of controversy +and discontent between the States. It delayed the adoption of the +Articles of Confederation for some time. Those States with little or no +land regarded with jealousy their more fortunate neighbors, and would +not consent to a union until a settlement or understanding was reached. + +The Articles of Confederation were adopted only after assurance was made +that all the public lands would be ceded to the Federal Government. This +was finally done by the States. + +The Government formed under the Constitution succeeded to all this land, +and in addition, to further cessions made by the States, the last being +that of Georgia in 1802. The subsequent additions of territory were made +directly to the United States, and not to the States, and all land thus +gained was held as public land to be disposed of by Congress. + +While the area of the United States is 3,603,884 square miles, the +public domain which has been acquired by cession, purchase, or conquest, +to be disposed of by the Government as it desires, has amounted to +2,708,388 square miles, or about two-thirds of the total area of the +country. + +The absolute title to this land, as before stated, became vested in the +United States Government. The disposal of these lands has always been +under the sole power and control of Congress. + +This land was all thinly populated by Indian tribes, who merely hunted +over it, leaving unimproved its natural fertility and vast mineral +resources. These tribes, being actual occupants, were recognized to have +a sort of half interest in the land. This half ownership was always +first extinguished by the United States by purchase for small sums, or +by the granting of certain privileges, etc., before it was opened up for +settlement and occupation by the white man. Land is still held, to a +considerable extent, in this way by the Indians. This right of the +Indians can be extinguished only by the United States, as they are not +allowed to sell or treat at all with individuals or States or foreign +nations. + +Until 1812 the affairs of the public domain were managed by the +Secretary of the Treasury. In that year the office of Commissioner of +the General Land Office was created, which remained a bureau under the +Treasury Department until 1846. On the creation of the Interior +Department in that year, Indian affairs were transferred to it, and have +remained under the same management until the present time. This bureau +has complete charge of all matters relating to the management and +disposal of the public lands, subject to the direction of Congress. + +Almost every conceivable method of disposing of this land has been +followed. The Government has, however, never assumed the position of +landlord and rented the land, except in one case of some mineral land, +and this experiment resulted disastrously. Before the land could be +disposed of, it was necessary that it should be surveyed by the +Government. To do this there was adopted as early as 1776, the so-called +rectangular system, which, with slight changes, has been continued +until the present time. By this system there are first surveyed a base +and a meridian line, crossing each other at right angles, running north +and south and east and west. From these fixed lines the land is surveyed +and marked off into rectangles of six miles square, each thus containing +thirty-six square miles. This is called a township. This is again +divided up into sections of one square mile each or 640 acres, and this +again into quarter sections of 160 acres each. In some cases these are +still further subdivided. + +The regulation and disposition of the public lands has been one of the +chief duties imposed upon Congress. + +The chief methods by which the public lands have been disposed of are as +follows: + +1. _#Educational Grants.#_--Congress from the very first provided +liberally for the establishment of common schools through grants of +public lands for this purpose. As each township is surveyed one quarter +section of 640 acres is set apart for common schools. This has continued +from the beginning down to the present time. In addition, large grants +have been made specially for the endowment of universities. Within later +years land has been given to every State to found State military and +agricultural colleges. Up to the year 1888, there had thus been granted +for educational purposes 77,448,192 acres. + +2. _#Land Bounties for Military and Naval Service.#_--There have been +granted by different acts bounties of public land, in the nature of +pensions, to the soldiers and sailors of the United States Army, on +their honorable discharge, for their service to the Government. The +amount of land thus granted (1880) has been 61,028,430 acres. + +3. _#To the States for Internal Improvement.#_--There was granted to the +States during the years from 1828 to 1846, for the improvement of +rivers, building of canals, wagon roads, railroads, etc., 162,230,099 +acres. + +4. _#Sale of Public Land.#_--Under this head there are two classes of +public land--first, that which may be bought for the minimum rate of +$1.25; and, secondly, the alternate sections along the railroads (the +other alternate sections being granted to the railroads), the minimum +price of which is $2.50. There have been sold in all 192,584,116 acres, +realizing $233,000,000. + +5. #_Under the Pre-emption Acts._#--These acts, passed at various times, +provide that where a man, a citizen of the United States, settles upon +and cultivates for a certain length of time, a tract of land not greater +than 160 acres, the United States will give him such tract. + +6. #_Under the Homestead Acts._#--The homestead laws have created a +better and more certain manner for settlers to acquire land than under +the pre-emption acts. By these acts it is provided that any citizen who +will select either 160 acres of the $1.25 land, or 80 of the $2.50 land, +can then get a permit from the land office, settle on his land, and +acquire a title to it. + +7. _#Under the Timber Culture Act.#_--This act gives to any one the +right to 160 acres of the $1.25 land if he will plant 10 acres in +timber, or 80 acres of the $2.50 land if he will plant 5 acres in +timber. + +8. _#Certain Lands to States.#_--Quite a large quantity of the public +land has been given to the States on account of its quality, as swamp or +overflowed land, and for various reasons, to the extent of 158,417,514 +acres. + +9. _#Grants to Pacific and other Railroad Companies.#_--The nature of +these grants have already been spoken of in another chapter. From 1850 +to 1872 a total of 150,504,994 acres was given for railroad +construction. + + + +XX. + +Reconstruction. + + +The conclusion of the civil war in 1865 did not relieve the United +States Government of its extraordinary difficulties. There was the whole +South, a conquered territory, occupying the anomalous position of a +district, still within the Union, yet possessing no legal state +governments. The Confederate government had now been destroyed by the +North, and the South was thus without a government. Four million slaves +had been liberated, who were uneducated, without money, and living among +people hostile to them. Congress had to provide for and protect these +freedmen in their rights. The work to be done by Congress, was then:--1. +To decide upon what terms and upon what conditions the seceded States +should be re-admitted into the Union, and to provide for them a +government until such re-admission. 2. To protect the negro. + +The South, though in the Union, had at this time, of course, no +representation in Congress, and consequently, the Republicans were in +great majority. Unfortunately, Johnson, who succeeded to the Presidency +at the death of Lincoln, though a Republican, disagreed with his party, +and legislation upon this subject was only secured by passing all acts +over his veto by a two-thirds vote. + +After much discussion, the first Reconstruction Bill, "to provide for +the more efficient government of the rebel States," was passed in 1867, +vetoed by the President, and passed over his veto. Its principal +provisions were--1. The insurrectionary States were to be put under +United States control, and for this purpose divided into five military +districts, over each of which the President was to appoint a commanding +officer. 2. The people of the various States might hold a delegate +convention, elected by the citizens who had not been deprived of the +right to vote for participation in the rebellion. The convention was to +prepare a new constitution, which constitution was to be then submitted +to the vote of the people, and when ratified by them and approved by +Congress, should go into force, and the State be entitled to +representation in Congress. Before approval by Congress the +constitutions adopted by the rebel States had to agree in all the +following particulars: (1) abolishing slavery; (2) declaring null and +void all debts created by States in aid of the rebellion; (3) renouncing +all right of secession; (4) declaring the ordinance of secession which +they had passed null and void; (5) giving the right to vote to all male +citizens, without regard to color; (6) prohibiting the passing of any +law to limit or abridge the rights of any class of citizens. + +In 1868 the Fourteenth Amendment was adopted by a sufficient number of +States, and was declared a part of the Constitution. + +In 1871 all the States were, for the first time since 1861, represented +in both houses of Congress. Reconstruction by Congress was then +completed. + + + +CHAPTER XXI. + +Party Machinery. + + +In all the States, counties, cities, and even in the smaller +subdivisions of wards, political parties are thoroughly organized, with +acknowledged leaders, and under systems of rules or party government. +This party government, or "machine," as it is called, has been created +by no law or constitution, but is one which has been gradually formed by +the voters themselves, and under which they have voluntarily placed +themselves, in order better to succeed in their elections, well +realizing that the best chance of success is by having all the voters of +their party united on certain principles embodied in a party platform, +and having candidates so nominated that the whole party will recognize +them as their choice. + +The aims of party organization are: First, union, that is, having all +voters united as to candidates and platform; and second, recruiting or +the gaining of new adherents. + +There are at present two opposing political parties, both striving for +the control of the Government. Both have very nearly the same system of +party government, but their organizations are totally distinct and +separate one from the other. + +There are two distinct parts of party government. They are; first, sets +of committees, whose business it is to do all the work of managing +elections, such as raising and applying funds for election purposes, +organizing meetings, providing speakers, publishing and distributing +political tracts and other information, and stirring up enthusiasm by +parades and fireworks, etc. They have also the important duty of +calling together nominating conventions. + +The second part of the "machine" embraces the nominating conventions, +which propose the names of the candidates whom their party are to +support for election. These assemblies are called together by the +committees periodically, for the purpose of specific nominations, and +cease to exist as soon as their work is done. Besides nominating +candidates, the conventions draw up the platform, which is a statement +of party principles, beliefs, and pledges. To provide for their +reassembling next time, they also elect a new committee, for the next +term; and also send delegates to the next higher convention. Thus are +found committees and a nominating convention, managing not only national +and state elections, but even arranging and managing elections in the +smaller electoral subdivisions. + +There is a committee and a nominating convention for every city, for +every county, for every district, and for every State. There are, then, +throughout the whole United States, such committees, each controlling +its own local affairs, but yet all related to each other, thus forming +one vast organized system. + +Beginning with the smallest and lowest, let us show their mutual +connections and workings. Starting, then, with the township convention, +or convention of a city ward, we find that all the voters of the party +are called together on a certain day by a committee (which was chosen at +the preceding meeting) for the purpose of nominating candidates for +local affairs, and naming delegates to represent them at the city or +county convention. The city or county convention, composed of these men, +is called together by the city or county committee. It first nominates +candidates for the city or county offices, and selects delegates to the +state convention, and also provides for the next meeting by the election +of a new committee for the ensuing year. In similar manner, just before +every state election, the state convention, composed of city and county +delegates, is called together by the state central committee. Here are +nominated men for state officers; a new committee is appointed to manage +state elections; and also, once every four years, the important duty of +selecting Presidential electors is performed. The Democrats also select, +in this state convention, their delegates to the National Presidential +Nominating Convention. The Republicans select but four delegates from +each State in state conventions, the remainder being appointed in +district conventions. Following the same method the National Central +Committee calls together a National Convention of all the delegates +which have been appointed by the State, for the purpose of (1) +nominating candidates for their party for President and Vice President; +(2) drawing up and accepting a party platform; (3) selecting a new +National Central Committee for the next four years, which committee is +to manage the election campaign and call the next National Convention. + + + +CHAPTER XXII. + +National Conventions and Presidential Campaigns. + + +_#History and Development of the National Convention.#_--In the +Presidential elections of 1789 and 1792 there was no necessity for +regular party nominations, as the whole people were practically +unanimous in favor of Washington. Likewise in 1796 it was so well +understood that Adams was the man desired by the Federalists, and +Jefferson by the Democrats, that formal nominations were not required. +But, commencing with 1800, political parties were more divided in their +choice, and some method was demanded by which it might be decided on +whom the party should unite. From 1800 to 1820 this demand was met by +nominations made by Congressmen, in caucuses, or private meetings, of +the members of each party. This method finally proved unsatisfactory to +the country, but from 1824-1835 no new and better method was invented, +and nominations were made rather irregularly, each State legislature +proposing the name of its favorite. This method of nomination naturally +failed to unite the voters of the party, in all the different States, on +one man, and had to be abandoned. After a failure to revive nomination +for President by Congressional caucuses, a new method was developed and +adopted, which was by National Nominating Conventions, such as we have +to-day. The introduction of this last plan may fairly be dated at 1840. +National Conventions were first held at Eastern cities, but are now held +further West, to accommodate the shifting center of population, Chicago +being the favorite city. The National Convention is composed of +delegates from all the States. Each State sends twice as many delegates +as it has representatives in the National Senate and House of +Representatives, thus making a total now of 802. In addition to these, +the Republicans allow two delegates from each of the Territories. + +_#Method of Procedure.#_--As soon as the State and Territorial +delegations arrive in the city they each elect a member for the new +National Central Committee for the next term. Inside of this committee +is chosen an executive committee, which, in reality, does all the work +of conducting the campaign. The members of this committee are almost +always men of wealth, and are expected to contribute liberally to the +campaign fund. + +The business of the National Convention is commenced by the chairman of +the National Central Committee calling the convention to order. A +temporary chairman is then chosen, who appoints a "committee on +credentials," whose duty it is to decide which delegation shall be +admitted in case two delegations are sent from the same State, both +claiming admittance as representing the party in that State. A +"committee on resolutions" is also appointed to prepare the party +platform. The next day the permanent chairman is appointed. The platform +is then read and adopted, or amended and adopted. There is next an +alphabetical roll-call of the States, when names are proposed and +seconded for nomination as candidates for President. The average number +of names proposed is seven or eight, though sometimes as many as twelve +are offered. As each man is proposed the delegate presenting his name +extols him in a laudatory speech, and gives reasons why his man will +make a strong candidate and an able President. Voting then commences. +Each delegate has one vote. In the Republican convention a majority of +the whole number of the delegates voting for one man is required before +a nomination is reached, while the Democrats require a two-thirds vote. +Sometimes a nomination is made on the first ballot, while at other +times the convention has been so divided that as many as 53 ballots have +been required, as was the case when the Whigs nominated Scott. +Forty-nine ballots were needed when Pierce was nominated by the +Democrats. In 1888 Cleveland was nominated by the Democrats by +acclamation, no vote being necessary to show the wishes of the +delegates. Harrison was nominated by the Republicans on the eighth +ballot. + +A candidate for President having been selected, a Vice President is +nominated in a similar manner, though generally with much less trouble, +and the work of the convention is ended. + +The candidates are now put before the people by their respective +parties. The people, of course, do not vote directly for them, but what +amounts to the same thing, vote for electors, who are pledged to vote +for them. A vigorous campaign of four months then follows, until +election day, in the first week in November. + +Each candidate, a short time after his nomination, is expected to +publish a letter of acceptance, in which he expresses his full +confidence and belief in the platform which his party has adopted, +discloses his views, and outlines what his future policy will be if he +is elected. + +To recapitulate, then, in a few words, let us see how a President is +nominated and elected. + +In nominating the President each voter in caucus or primary meeting +shares in choosing delegates to the ward convention, which chooses +delegates to the city or county convention, which in turn sends +delegates to the district conventions. In these, delegates are chosen +for the State conventions, where Presidential electors are appointed, +and also the delegates sent to the National Convention. + +In the National Convention, composed of delegates sent from the State +conventions and Territories, the Presidential candidate is nominated. +The electors are elected by the people, who in turn elect the nominees +of their National Convention. If State officers, as Governor, +Attorney-General, Secretary of State, Treasurer, etc., are to be +elected, they are nominated in the State conventions and elected by the +people. + +Besides counties, townships, and cities, States have other subdivisions +for political purposes. Thus the whole State is divided into senatorial +districts, each one of which sends one Senator to the State legislature, +and also into smaller districts, each one of which sends one member to +the lower house of the State legislature. Usually a senatorial district +is one or more counties, except in the case of large cities, which may +in itself contain two or more senatorial districts. + + + +CHAPTER XXIII. + +Introduction to the Study of the History of Political Parties in the +United States. + + +A knowledge of the nature of our federal government, and its relations +to the State Governments, of which it is composed, is a prerequisite to +an understanding of the history of our political parties. + +The government of the United States is a federal republic, first formed +by the voluntary union of thirteen commonwealths. At present it is +composed of forty-four united States. It is a government of enumerated +powers, and in this respect differs radically from the governments of +the individual States. As all agree, the Federal Government possesses +only those powers specifically granted to it by the constitution. The +States possess all powers except those granted to the National +Government, and those not prohibited to them by the terms of the +constitution. When the government of the United States desires to +exercise a power, it must be proven that it was the intention of the +framers of the constitution, and so expressed in that instrument, that +it should possess such a power. The States in the exercise of their +powers need only show that they have not resigned that power. If there +be any dispute as to the constitutionality of an act of either Congress +or a State legislature, the point is decided in the final instance by +the Supreme Court of the United States. + +In the political history of our country since the adoption of the +constitution, there have been ever present two great constitutional +questions, in the conflicting answers to which we must seek the origin +and creeds of our great political parties. If we can gain a proper +conception of the character of these two questions, we shall have taken +a long step towards the understanding of the reasons for the conduct of +the various opposing parties, and the basis of the disputes arising +between them. These have been the two questions. First, What is the +extent of the powers granted by the constitution to the National +Government? Second, What is the real nature of our Union; and, arising +under this problem, What is the extent to which the States are justified +in opposing what they believe to be unconstitutional acts on the part of +the National Government; and, Can a State or States, as a last resort, +withdraw from the Union? The remainder of this chapter will be mainly +devoted to a more particular examination of these questions. + +What are the legitimate powers of the United States Government? + +The United States government was the result of the union of thirteen +independent colonies--a union voluntary on the part of the colonies, yet +forced upon them by the evident need of some central power strong enough +to enforce obedience at home and demand respect abroad. The +determination of what and how many the national powers should be, was +the work of the Constitutional Convention. Of the difficulties of this +task we have already spoken. + +In forming a scheme for a central government, there was the double +necessity of creating a government strong enough to perform the duties +for which it was established, and yet not so strong as to endanger the +free self-government of the States. The delicate point to be adjusted +was to give to the Federal Government only such powers as were necessary +for the establishment of an effective National Government, and, as far +as possible, to retain in the States their full governmental powers; in +other words, to harmonize federal strength with State sovereignty. + +The fear exhibited by the States in the debates preceding the adoption +and ratification of the constitution of 1787, that the National +Government might become too strong at the expense of their own powers of +government, was not set at rest by the compromises obtained in the +convention, nor by the eleven amendments adopted soon after the +inauguration of the new government. The reason for the continuance of +this fear is that the constitution is so worded that the powers of the +general government are not precisely fixed. + +The statement sometimes loosely made that a description of our +government is contained in the constitution, is apt to be misleading. +The constitution has served rather as a foundation upon which to build +the government, than as an entire framework. As a distinguished writer +has termed it, "The constitution was meant only as a scheme in outline, +to be filled up afterwards, and from time to time, by legislation." + +A description of our present form of government is far from being +contained in the instrument adopted in 1788. For example, the +constitution makes no mention of how business shall be transacted by the +legislature. Committee Government in Congress owes its existence to no +provision of the constitution. The only mention made in the constitution +of the Speaker of the House, to-day the most powerful officer in the +legislature, is where it is provided that "The House of Representatives +shall choose their speaker and other officers." All executive +departments--the State, War, Navy, Treasury, Post Office, Interior, +Justice, Agriculture, and Labor--have been created from time to time by +act of Congress. Regarding the structure and number of federal courts, +the constitution merely provides that "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." Our elaborate +system of district, circuit, and territorial courts, rests solely upon +congressional enactments. So, too, the constitution gives to Congress +the control of territories, but does not provide how that control shall +be exercised. + +The framers of our constitution were wise in not attempting to specify +more particularly than they did, the manner in which the several powers +granted to the Federal Government should be exercised. They realized +that they were forming a scheme that was to endure for many years, and +that if it was to be capable of meeting the needs of a changing and +rapidly growing country, it would have to be elastic, and contain within +itself the power of adapting itself to new needs and conditions. To +secure the beneficial execution of the powers granted, Congress was +given the power of selecting appropriate means. To have refused the +grant of this power, would have been to attempt to provide by +unchangeable rule for emergencies that could by no possibilities be +foreseen. Or, as Chief Justice Marshall has put it, "It would have been +to deprive the legislature of the capacity to avail itself of +experience, to exercise its reason, and to accommodate its legislation +to circumstances." + +After enumerating the various particular powers given to the Federal +Legislature, the constitution further says (Art. I, Sec. 8) "and [shall +have power] 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." This is the clause under whose +authorization all those powers have been assumed, and functions +exercised, that have made the United States government of to-day so +different from that of 1789. + +The general rule is, as has been said, that the United States government +possesses only those powers granted to it by the constitution. But here, +in this clause just quoted, is a general grant of all powers necessary +or proper for carrying into effect any of the powers particularly +granted. Who or what is to decide just what powers are necessary and +proper for the accomplishment of this object? Naturally people have not +been able to agree upon the question of just what powers are +constitutional or expedient as "implied" under this title of "necessary +and proper" and this question has been largely instrumental in dividing +the people in opposing political parties. There has always been a party, +the members of which, favoring great powers for the States rather than +for the Federal Government, have been "strict constructionists," and +have advocated a close and narrow interpretation of this clause of +"implied powers." From their desire to retain in the State governments +as many powers as possible, they have been known as the "States' Rights +Party." Opposing them has been the party of "loose constructionists," +the members of which have held to a free, liberal interpretation of the +constitution, and have endeavored to increase the power of the Federal +Government. There have never been political parties styling themselves +"Strict Constructionists" and "Loose Constructionists," for these are +terms that have been used not as titles, but as definitions of different +principles of constitutional interpretation. But by whatever name they +may have been known, there have been, during the greater part of our +history, these two political parties, the one holding to the principle +of strict construction and States' Rights, and the other to that of +loose construction and federal power. + +The second fundamental question spoken of in the beginning of this +chapter as underlying national politics, is concerning the nature of our +union and the rights of state nullification and secession. + +A final answer to these questions cannot of course be here attempted, +but that which can be done, is to state in a few words just what their +meaning is, and the points upon which they have turned. When we come to +the consideration of the course of politics in the United States we +shall see the answers that history has given to them. + +The government of the United States is the judge of its own powers, for +it is in its own supreme judicial tribunal that the constitutionality of +both State and Federal laws is finally determined. More than once has a +practical answer been demanded to the question What is to be done by a +State or States when, in their estimation, the National Government has +transcended its powers and legislated in an unconstitutional manner? +Obedience, nullification, or, in the last resort, secession from the +Union, have been the various alternatives that have offered themselves +to the States. Different views of the nature of our Union have sustained +the propriety of the selection of different ones of these alternatives. + +According to the nullification theory, the constitution is held to be of +the nature of a compact between the States as one party and the Federal +Government as the other; and that, as in all contracts, if the +agreements contained therein are broken by the one party, the other +party has the right to refuse its assent thereto. Therefore, if the +United States government attempts the exercise of powers not granted in +the compact, the States have the right to interpose the "rightful +remedy" of "nullification." That is to say, that each State has the +right to determine for itself when an unwarranted power has been assumed +by the general government, and in such a case to declare the obnoxious +law null and of no force within her own boundaries. + +In considering the question of nullification, it is necessary to +distinguish between the theory or rather method of nullification +propounded by Madison and Jefferson in the Virginia and Kentucky +Resolutions, from that of Calhoun brought forward at the time of South +Carolina's resistance to, and attempted nullification of, the Tariff +laws of 1828, and 1832. In the Virginia and Kentucky Resolutions the +Alien and Sedition Acts were solemnly declared to be unconstitutional, +that the Union was a compact, and the States had the right to interpose +the remedy of nullification; but open resistance was not proposed. By +the Jeffersonian theory, it was proposed to obtain the opinion of +three-fourths of the States that the acts were unconstitutional, and +thus to "nullify" them after the manner of a constitutional amendment. +Until such nullification, the laws were to be obeyed. + +The Calhoun doctrine was something entirely different from this. +According to his doctrine, any single State might order at once a +suspension of the law within her borders, and not until three-fourths of +the States in national convention had overruled the nullification could +the State be forced to obey the obnoxious law. To use Calhoun's own +words, his theory was, that "it belongs to the State, as a member of the +Union, in her sovereign capacity in convention, to determine definitely, +as far as her citizens are concerned, the extent of the obligation which +she has _contracted_; and if, in her opinion, the act exercising the +power in dispute be unconstitutional, to declare it null and void, which +declaration would be obligatory on her citizens." The sum and substance +of this was, as Von Holst has pointed out,[1] to give to one-fourth of +the States the power if they saw fit to deprive the Federal Government +of every power entrusted to it, that is, to alter the constitution at +will. + +[Footnote 1: _Constitutional History of the United States_, Vol. I, p. +474, note.] + +The right of secession follows as a logical outcome of the theory of +nullification rigidly carried out. Federal laws are general in their +nature, and if binding anywhere, must be binding everywhere. If then, a +minority of States insist on their right of nullification, the federal +government will be obliged either to admit that every act of Congress is +without any force in a State until it has obtained the tacit approval of +the people of that State, or else it will be driven to the necessity of +obtaining the enforcement of the law by arms. Such employment of force +would of course be but the prelude to secession. Indeed, South Carolina, +in her Ordinance of Nullification, declared that she would secede, if +the United States did not repeal the obnoxious laws, or if she should +attempt to enforce the collections of the tariff duties provided for by +the acts in dispute. According to the Unionist view, it is held that in +no case has the individual State the right to resist the operation of a +federal law, much less does it possess the actual power to pass a law +affecting its relation to, or continuance in, the Union. This view is +supported by an interpretation of the constitution that denies to that +instrument the character of a compact between the States and the +National Government. The constitutional theory of this school is that +the National Government was formed _by the people_ as a whole, and not +by the States. That the States accepted this government, but were in no +sense parties to an agreement between them and the Nation. According to +this view, the Union began with the first acts of resistance taken in +common by the colonies, and is thus, in a sense, older than the state +governments, which were not formed until after the Declaration of +Independence. Also, that when the States gave in 1788 their consent to +the constitution, their consent was irrevocable. Two quotations from +decisions rendered by the Supreme Court of the United States will make +clear the arguments and theory of the Unionists. + +Said Chief Justice Marshall:[1] "The convention which promulgated the +constitution was indeed elected by the state legislatures, but the +instrument when it came from their hands, was a mere proposal, without +obligations or pretentious to it. It was reported to the then existing +Congress of the United States, with a request that it might 'be +submitted to a convention of delegates chosen in each State by the +people thereof, under recommendation of its legislature for their assent +and ratification.' This mode of proceeding was adopted, and by the +conventions, by Congress, and by the state legislatures, the instrument +was submitted to the people. They acted upon it in the only way in which +they can act safely, effectually, and wisely on such a subject, by +assenting in convention. It is true they assembled in their several +States, an where could they have assembled? From these conventions the +constitution derives its whole authority. The government proceeds +directly from the people. The assent of the States in their sovereign +capacity is implied in calling the convention, and thus submitting that +instrument to the people. But the people were at perfect liberty to +accept or reject it, and their decision was final. It required not the +affirmance of, and could not be negatived by, the state governments. The +constitution when adopted was of complete obligation, and bound the +state sovereignties. The government of the Union then, is emphatically +and truly a government of the people. In form and in substance it +emanates from them. Its powers are granted by them, and are to be +exercised directly on them, and for their benefit." + +[Footnote 1: _McCulloch_ v. _Md._, 4 Dall., 316.] + +Said Chief Justice Chase:[1] "The union of the States never was a purely +artificial and arbitrary relation. It began among the colonies, and grew +out of common origin, mutual sympathies, kindred principles, and +geographical relations. It was confirmed and strengthened by the +necessities of war, and received definite form and character and +sanction from the articles of Confederation. By these the union was +solemnly declared to 'be perpetual.' And when the articles were found to +be inadequate to the exigencies of the country, the constitution was +ordained 'to form a more perfect union.' It is difficult to convey the +idea of indissoluble unity more clearly than by these words. What can be +more indissoluble if a perpetual union made more perfect, is not? But +the perpetuity and indissolubility of the union, by no means implies the +loss of distinct and individual existence, or of the right of +self-government by the States.... Without the States in Union, there +could be no such political body as the United States. Not only, +therefore, can there be no loss of separate and independent autonomy to +the States, through their union under the constitution, but it may be +not unreasonably said that the preservation of the States, and the +maintenance of their governments are as much within the design and care +of the constitution, as the preservation of the Union and the +maintenance of the National Government. The constitution in all its +provisions looks to an indestructible Union composed of indestructible +States." + +[Footnote 1: _Texas_ v. _White_, 7 Wall., 750.] + +A civil war of four years' duration has decided the Unionist theory of +our government to be the one under which the Nation is to be governed. +Whether or not, in point of fact, the Nation was older than the States, +and the constitution not a compact, but an indissoluble Union, will +always remain a question to be discussed. The dispute turns upon a point +that does not admit of final determination. We can only theorize. To +maintain the view that the Union is older than the States it is +necessary to show that the Continental Congress was of such a character, +and its powers of such a nature, that a true national government may be +said to have existed before July 4, 1776, and therefore, that the +Declaration of Independence and the consequent transformation of the +colonies into States were not the result of the individual action of +separate colonies, but of the whole people united in a nation. And, +following from this, that the States were never out of the union, but +that the individual colonies became States, only as belonging to the +United States. Consequently that the theory of a 'compact' between the +States and the United States is untenable, for at the time the United +States was born, the States did not exist.[1] + +[Footnote 1: As Lincoln expressed it in his message of July 4, 1861: +"The States have their _status_ in the Union, and they have no other +legal status.... The Union is older than any of the States, and in fact, +it created them as States."] + +To maintain the "Compact Theory" it is necessary to show that the +"Continental Congress" had no properly delegated national powers, and +to it the character of a national government could not fitly be applied, +and that the colonies when they separated from England remained +independent of each other, because as colonies they had been +independent. Therefore, that the initial clause of the Preamble to the +Constitution "We the people of the United States" referred not to all +the people of the United States in their collective capacity, but to the +people of the several States. + +In fine, admitting, as all do, the Continental Congress to have been a +revolutionary body, exercising undelegated powers, the question is, Was +it, or was it not, a _de jure_, as well as _de facto_ national +government, and this is a question that cannot be answered absolutely. + +These opposing views of the character of our constitution have been +stated not with the idea of proving either of them to be the correct +one, but solely to indicate the lines along which political parties have +fought their battles. Thus, it is hoped, the student will be prepared +for an intelligent consideration of the various political parties that +have existed in the course of his country's history. + +To complete the statement of the underlying causes and fundamental +principles that have directed the course of our national politics, it is +necessary to give at least some short account of the natural causes that +have operated irresistibly to divide the North and the South in their +political thoughts and actions. + +Why is it that slavery flourished in the South, but languished and was +gradually abolished in the North? Why is it that the stronghold of the +States' Rights doctrine of nullification and of secession was in the +South, and the citadel of the Unionists in the North? Why is it that +to-day the debate between high and low customs duties, is, to a very +considerable extent, a discussion between the New England and Middle +States and the Southern States? + +To all these questions a very satisfactory answer can be found in the +different physical characteristics of the North and South. The nature +of the soil and climate, as well as the character of the settlers, +predetermined for the Southern colonies an agricultural character, and +for the colonies of the North a commercial and industrial character; +and, already by the end of the eighteenth century we find in them a +marked difference of political and social life. + +From the very start, the South, favored by a mild climate, rich soil, +and broad, low-lying valleys, developed an agricultural life. Slavery +was introduced at an early date, and flourished, the warm climate being +congenial to the negro, and the rude manual labor of the field suited to +his meagre capabilities. The result of these influences was to develop +in the South a system of large ill-worked manors or estates. The +predominance of slave labor, discouraged the immigration of free labor, +and the South remained comparatively thinly settled. The moral effect of +slavery upon the white population was bad. Habits of thriftlessness and +laziness were engendered among the free population, and their social +relations corrupted. + +In the North, an indented coast with many good harbors, a rugged soil, +and a wintry climate, encouraged the development of a commercial and +manufacturing life. Slave labor here proved itself scarcely profitable, +neither the climate nor the nature of the work required, being suited to +the frames and abilities of the African. As compared with the South, the +North soon became thickly settled, and largely as a result of this, +adopted the small area of the town or township as its most important +unit of local government, instead of the larger area, the county, used +in the South. This essential difference in the system of local +government in the North, from that of the South, has remained unchanged +to this day, and has exercised great influence upon the political habits +of the peoples of these two sections. + +At the time of the adoption of the constitution, these differences +between the northern and southern colonies were not so great as they +were soon to become. As contrasted with the North, the agricultural +character of the South was already marked, but the designation of these +two sections as "free" and "slave" states had not yet come into use. It +was the remarkable development of the cultivation of cotton consequent +upon the invention of Whitney's cotton gin in 1793, that gave the +tremendous impetus to the increase of slavery in the South. While prior +to the introduction of this machine, scarcely a single pound of cotton +could be separated from the seed by a man in a day, Whitney's gin made +it possible to prepare for market three hundred and fifty pounds per +day. The nature of the cotton plant rendered it peculiarly fitted to the +climate and soil of the South, and the ease with which it could be +cultivated and prepared for market, made the application of slave labor +extremely profitable. In 1789 many of the southern states exhibited +evidences of a desire and intention to ultimately abolish slavery, but +from this time we hear nothing more of this. After 1800 the number of +slaves increased rapidly. The census of 1790 showed in the southern +colonies 650,000, while that of 1820 showed the number to be over +1,580,000. From 1800 to 1865 the political life of the South is largely +explainable by the interest of its people in, and devotion to, the +institution of slavery. + +The promptness with which, irrespective of party affiliations, the +people of the North assumed the anti-slavery attitude and those of the +South placed themselves under the pro-slavery banner, at the time of the +Missouri contest in 1820, shows the extent to which these two sections +of the United States were already divided upon this great question. The +South, retarded in its growth by the employment of slave labor, as +compared with the North already exhibited an example of arrested +development, and her politicians saw that if the balance of power +between the slave-holding and the non-slave-holding States was to be +maintained, a wider field for the extension of their favorite +institution would have to be provided. It is in the light of this motive +that the desire of the South for the annexation of Cuba and of Texas, +even at the expense of a war with Mexico, is to be interpreted. The +compromise of 1820 satisfied the demands of the slavocracy for a time, +but only for a time. In 1850 the South again demanded, and obtained +concessions. It required a civil war to demonstrate to us the futility +of endeavoring to avert by compromise the conflict that was +irrepressible between the North and South so long as slavery existed in +the one, and was reprobated in the other. + +The different attitudes assumed at the present day by the North and +South in regard to the Tariff question, is explainable by the difference +in the industrial life of these two sections. The North is essentially a +manufacturing centre, and, as such, demands high import duties as a +protection to her manufacturers and merchants. The South is, as a whole, +agricultural, and favors low duties with the idea of thus extending +foreign trade, and affording a larger market for the sale of her raw +products. A striking proof of the influence of the industrial life of a +section in determining its attitude towards the tariff, is seen in the +change of front of Massachusetts after 1824 from free-trade to +protection, this change being wholly due to the predominating influence +acquired by her manufactures over her commerce and agriculture. + + +FINIS. + + + + +NOTES. + + +For the assistance of those who may desire a fuller acquaintance with +the administrative methods of our Federal and State Governments than is +to be obtained from this book, these bibliographical notes are appended. +Not only the authorities actually consulted in the preparation of this +monograph are given, but mention is also made of the most reliable and +accessible sources of information upon the more important topics germane +to the study of Government and Administration. In arrangement, the notes +follow the order of topics used in the text. + + +General Works upon United States Government. + +Worthy of first mention is the admirable work of James Bryce, _The +American Commonwealth_, 2 vols., 1888. To the student of American +institutions and administration these two volumes are indispensable. In +them is contained the best and latest scientific exposition of our +political institutions as they exist to-day. The only criticism that can +be made regarding the work is that the executive departments have not +received sufficient attention as regards the details of their +administration, nor the practical and scientific value of the work +performed by their numerous bureaus. Interesting from an historical +point of view is De Tocqueville's _Democracy in America_, now fifty +years old. Lalor's _Encyclopaedia of Political Science, Political +Economy and American History_ is by far the best work for reference. The +principal articles in the field of political science are contributed by +Dr. J.C. Bluntschli, those upon United States History by the late Prof. +Alexander Johnston, and those upon Federal Administration by A.R. +Spofford, Librarian of Congress. + +Bannatyne's _Hand-book of Republican Institutions in the United States_ +is an authoritative work based upon federal and state laws, and other +authoritative sources of information. It is entirely descriptive and +very complete. Other general works are Mulford's _The Nation: the +Foundation of Civil Order and Political Life in the United States_; +Laboulaye's _Histoire Politique des Etats-Unis,_ 3 vols.; and Lamphere's +_The United States Government: Its Organization and Practical Workings_, +this last being chiefly valuable for its statistical and tabulated +information. + +Among foreign works that consider the theory and practice of the United +States Government, are Bagehot's _English Constitution_; Sir Henry +Maine's chapter on the _Constitution of the United States_ in his +_Popular Government_; E.A. Freeman's article _Presidential Government_ +contained in his _Historical Essays_ (1871); Lord Brougham's chapter on +the _Government of the United States_ in his _Political Philosophy_, +Vol. 3; and E. Boutmy's _Etudes de droit Constitutionel._ For current +political information McPherson's _Hand-book of Politics_, issued every +two years since 1870, is valuable. Besides statistical information +regarding government revenues and expenditures, public debts, votes, +population, names of congressmen, &c.; these hand-books contain +Presidential and Gubernatorial messages, transcripts from the +_Congressional Record_ relating to leading matters discussed in +Congress; and decisions of the Supreme Court that are of general +importance. _The Statesman's Year-Book_, published annually by Macmillan +& Co., is valuable for reference in matters concerning both foreign and +American governments. Bibliographical references are also given to each +existing government. + +John Fiske's recent volume on _Civil Government in the United States_, +stands in merit far above other manuals bearing this name, most of which +are simply running commentaries on the constitution. An excellent +feature of Mr. Fiske's book is the addition of bibliographical notes at +the ends of the chapters. + +The following are manuals that may be recommended as of comparative +merit: Macy, _Our Government: How it Grew, What it Does, and How it Does +it_; Cocker's _Civil Government_; Thorpe's _Government of the People of +the United States_; Martin's _Civil Government_, and Ford's _American +Citizens' Manual_. + +The most complete collection of bibliographical references to the +Constitution of the United States is that prepared by W.E. Foster, and +published as _Economic Tract_ No. xxix, by the "Society for Political +Education," New York. + + +Government. + +Dr. J.C. Bluntschli's _Lehre vom Modernen Stat_, in three volumes, gives +the finest treatment of the various forms and general principles of +governments. A portion of Dr. Bluntschli's work has been translated into +English and published under the title _The Theory of the State_. There +is also a French translation of this work. Other authorities under this +head are: Bluntschli's _Staatswörterbuch_; Woolsey's _Political Science, +or the State Theoretically and Practically Considered_; and +Montesquieu's _De l'Esprit des Lois_. Interesting from an historical +point of view, are the theories contained in the works of political +philosophers in the past. See Plato's _Republic_; Aristotle's +_Politics_, Cicero's _De Republica_; Thomas Aquinas' _Of the Government +of Principles;_ Dante's _De Monarchia_; Machiavelli's _Prince_; Jean +Bodin's _Of the Commonwealth_; Hobbes' _Leviathan_; Filmer's +_Patriarcha_; Hooker's _Ecclesiastical Polity_; Locke's _Civil +Government_; J.J. Rousseau's _Social Contract_; Bentham's _Fragment on +Government_; J.S. Mills' _Representative Government_. + +Pollock's _History of the Science of Politics_, published in the +"Humboldt Library," contains an admirable summary of the views of these +political philosophers. + +The works of several of these authors (Hobbes, Hooker, Locke, Filmer, +Machiavelli) are contained in "Morley's Universal Library," published by +Routledge at one shilling per volume. + +For theories regarding the origin and development of government, see +Maine's _Ancient Law, Early History of Institutions_, and _Early Law and +Custom_; Spencer's _Principles of Sociology_, Vol. I; Morgan's _Ancient +Society_; McLennan's _Studies in Ancient History_, and _The Patriarchal +Theory_; and Bagehot's _Physics and Politics_, published in the Humbolt +Library. The contract theory of government is presented in various forms +in the works of Hobbes, Hooker, Locke and Rousseau. + + +Functions of Government. + +The proper limits of state action are discussed in Mill's _Essay on +Liberty_; Huxley's _Administrative Nihilism_ (Humboldt Lib.); Spencer's +_Social Statics, Man versus the State, The Coming Slavery_, and _The +Sins of Legislators_ (Humboldt Lib.); Stephen's _Liberty, Equality, +Fraternity_; Humboldt's _Sphere and Duties of Government_; and H.C. +Adams' _State in Relation to Industrial Action_, published by the +American Economic Association. Wilson's _The State_ contains a valuable +chapter upon the functions of government. For a description of existing +forms of government, Prof. Woodrow Wilson's _The State_ is very +valuable. See also _Statesmen's Year Books_. + + +Colonial Governments. + +Volumes III, IV, and V of Winsor's _Narrative and Critical History of +America_, 8 vols., contain excellent monographs upon the founding, +history and nature of government of the various colonies. Doyle's two +volumes, entitled _The English Colonies in America_, present an +exhaustive study of the American colonies from an European point of +view. A handy digest of this work is contained in his small _History of +the United States_, published as one of the volumes in "Freeman's +Historical Course for Schools." Lodge's _Short History of the English +Colonies in America_ is chiefly devoted to colonial social life. In the +preparation of the chapter upon Colonial Governments, we have obtained +the most assistance from the first volume of Story's _Commentaries upon +the Constitution_. Pages 15 to 50 of Hannis Taylor's _Origin and Growth +of the English Constitution_ are important. Fiske's _Beginnings of New +England_ is an extremely interesting description of the early history of +a single section. Steps Toward Union and Independence. + +See especially Story's _Commentaries_; Frothingham's _Rise of the +Republic of the United States_; Scott's _Development of Constitutional +Liberty in the English Colonies in America_; Fiske's _Critical Period of +American History_; and A.B. Hart's _Formation of the Union_, 1763-1829, +to appear in the series, "Epochs of American History." For the Albany +plan of union see Franklin's _Life and Letters_, Vol. 4. For an account +of the causes leading to revolution written from an essentially English +standpoint, see Lecky's _History of England in the Eighteenth Century_, +Vol. IV. + + +Articles of Confederation. + +Best upon this subject are: Curtis' _History of the Constitution_; +Marshall's _Life of Washington_; Bancroft's _History of the United +States_; and Winsor's _Narrative and Critical History of America_, Vol. +VII, article _The Confederation_ by the Editor. See also _Secret +Journals of Congress_, and authorities cited above. + + +Constitutional Convention and the Adoption of the Constitution. + +See authorities cited above, and J.A. Jameson's _Treatise on +Constitutional Conventions_. The official sources of information are: +the meagre _Journal, Acts, and Proceedings of the Convention_; and +Elliot's _Debates in the Several State Conventions on the Adoption of +the Federal Constitution_, * * * * _together with the Journal of the +Federal Convention_, the last volume of which contains Madison's notes +of _Debates in the Federal Convention_, frequently called _The Madison +Papers_. + + +The Constitution. + +The number of valuable works concerned more or less directly with a +study of the Constitution is very great. Only a very few can be +mentioned. A very complete list of references to the Constitution, is +that by W.E. Foster, already referred to. The leading works upon +Constitutional Law are Cooley's _General Principles of Constitutional +Law_, and _Constitutional Limitations_; Von Holst's, Hare's and +Pomeroy's treatises on Constitutional Law. Story's _Commentaries on the +Constitution_ are invaluable. The character and value of _The +Federalist_ have been noticed in the text (p. 25). On Constitutional +Amendments, see Johnston's article on _Amendments_ in Lalor's +_Encyclopaedia_. Concerning Constitutional developments, due to judicial +construction, see Willoughby's _Supreme Court of the United States: its +History and Influence in our Constitutional System_, published in the +Johns Hopkins Studies, Extra Vol. VII; and _The Constitutional History +of the United States as Seen in the Development of American Law_, by +Judge Cooley and others, edited by H.W. Rogers. _The Unwritten +Constitution of the United States,_ is the title of a very recent book +by C.G. Tiedeman. + +For constitutional development due to war experiences, see Dunning's +_United States in Civil War and in Reconstruction_. W.E. Foster has in +press a pamphlet of references on _The United States Constitution in +Civil War_. + +On Federal Government, see Jellinek's _Die Lehre von den +Staatenverbindungen_; and Hart's _Introduction to the Study of Federal +Government_, Harvard Historical Monographs, No. 2. Besides giving an +outline of the political history of the successive federations in the +world's history, with an account of the literature upon each, Mr. Hart's +monograph contains a very excellent bibliographical note on Federal +Government in general, and the United States Constitution in particular. + +The laws of the United States are known as _United States Statutes at +Large_. In 1878 was published a large volume containing all Federal laws +in force in 1874. In 1881 was published a Supplement (known as +_Richardson's Supplement_) containing congressional legislation during +the years 1874--1881. + + +Congressional Government. + +The official reports of the debates of Congress have been published +under the following titles: _Annals of Congress_ (1789--1823), +_Congressional Debates_ (1824-1837), _Congressional Globe_ (1833-1873), +_Congressional Record_ (1873 to the present time). Benton's _Abridgment +of Debates_ in 16 volumes covers the period 1789 to 1850. + +McPherson's _Handbook of Politics_, already cited, contains accounts of +the more important debates in Congress. Printed copies of bills and +reports of committees can be obtained upon application. For the best +descriptions of the practical working of Congress, see Bryce's _American +Commonwealth_, and Woodrow Wilson's _Congressional Government_. In both +of these works our committee method of congressional legislation is +compared with the English method of Parliamentary legislation under the +leadership of a responsible ministry. The conclusions obtained from this +comparison by the latter author, are especially unfavorable to the +United States. Other references to works comparing English and American +methods of legislation, are Snow's _Defence of Congressional +Government_, published in the papers of the American Historical +Association, Vol. IV; A.L. Lowell's _Essays on Government_; Bagehot's +_English Constitution_; Bourinot's article, _Canada and the United +States, Scottish Review_, July, 1890, and Annals of the American Academy +of Social Science, No. I; and an article by Hon. Joseph Chamberlain, +_Shall We Americanize Our Institutions?_ Nineteenth Century, December, +1890. _The Congressional Directory_, published annually, contains much +handy information regarding the constitution and officers of Congress, +and of the various federal departments at Washington. For an account of +the work done during the last session (1889-90), see _North American +Review_, November, 1890. Regarding the recent controversy on the power +of the Speaker of the House of Representatives to count as present +members in the hall, but not answering to the roll-call, see the _North +American Review_ for October, 1889; the Nos. for March, May, July, +August and October, 1890, also contain interesting articles on the same +subject. + + +Executive Departments. + +Of especial and authoritative value is the report of a select committee +of the Senate to _Enquire into and Examine the Methods of Business and +Work in the Executive Departments_, in 3 vols., known as Cockrell's +Report, or Senate Report 507, 50th Cong., 1st Sess., and also a +supplementary report in one volume, dated March 28, 1889. For other +official sources of information, see the annual reports of the various +departments, and of the individual bureaus. See also special reports +mentioned in the text. On diplomatic relations, see the annual report of +the Secretary of State _On Foreign Relations_, and _Treaties and +Conventions between the United States and Other Powers_ (1776-1887), +published by the same department. The _Consular Reports_, issued from +time to time by the State Department, are of value as furnishing +economic information regarding foreign countries. The reports of the +Secretary of the Treasury are of extreme statistical and financial +value. For handy use the _Statistical Abstract_ is issued annually by +the Treasury Department. The reports published by the Department of +State, of the _International Conferences of 1878_, and of _1881_, and +that of Edward Atkinson on _The Present Status of Bimetalism in Europe_ +(1887), are of especial value upon monetary topics. In 1886 the Treasury +Department issued a volume of _Laws Relating to Loans, and the Currency, +Coinage and Banking_. Besides his annual report the Director of the Mint +publishes annually a report on the _Production of Gold and Silver in the +United States_. For an account of the Sub-Treasury system, see Bolle's +_Financial History of the United States_. Concerning the evils of this +system, see an article by Prof. J.L. Laughlin in the _North American +Review_, Vol. 137, p. 552. + +Regarding the Silver Question and other important public questions +coming within the province of the Treasury Department, information can +be derived from recent periodicals. Poole's _Index to Periodical +Literature_ should also be consulted. An interesting account of the +Pension Office is contained in the _Atlantic Monthly_, January, 1890. +Regarding the Interstate Commerce Commission, see the book by Don Passes +in Putnam's "Questions of the Day" series. See also Political Science +Quarterly, Vol. II, pp. 223 and 369. + +The Eleventh Census is now being compiled, and Bulletins are issued from +time to time by the superintendent. Postmaster-General Wanamaker has +recently issued a pamphlet in support of a _Limited Post and Telegraph_. + +Concerning the constitutional powers possessed by executive officers, +see A. Conkling's _Powers of the Executive Departments_; de Chambrun's +_The Executive Power,_ and chapter VII of Willoughby's _Supreme Court of +the United States_. The _Official Register of the United States_, issued +annually in two large volumes, contains the names and positions of all +persons in federal employment. The second volume is devoted exclusively +to the Postal Service. Very many of the government reports mentioned in +this note will be sent to any address upon application. + +_A descriptive catalogue of all government publications_ arranged in +chronological order, from 1774 to 1881, was prepared by B.P. Poore and +published by the government. + + +Federal Judiciary. + +Among the treatises upon the practical working of the Federal Judiciary +are: B.R. Curtis' _Federal Courts_; Bryce's _American Commonwealth_; and +Willoughby's _Supreme Court of the United States_, already referred to. +For an excellent description of the relations between the Federal and +State courts, see Chamberlain's lecture published in _The Constitutional +History of the United States as seen in the Development of its Law_. The +reports of decisions of cases tried in the Supreme Court are contained +in one hundred and thirty-three volumes. Until 1875, these volumes were +known by the names of the reporters, viz.: Dallas, Cranch, Wheaton, +Peters, Howard, Black, and Wallace. Since 1875 they have been designated +simply as _United States Reports_. + + +Ordinance of 1787. + +For text and comments see _Old South Leaflet_ No 13 (Heath & Co., price +five cents). For _The United States Constitution and the Ordinance of_ +1787 _in Relation to Education_, see Magazine of American History, +September, 1888. See also Papers of the American Historical Association, +Vol. III; pamphlets by Dr. Poole and F.D. Stone, and Sato's _History of +the Land Question in the United States_, Johns Hopkins University +Studies, Series IV. + + +Territories. + +The reports of the Governors of the various territories to the Secretary +of the Interior furnish an official source of information. Regarding the +government of, and conditions of admission of territories as States, see +especially Bannatyne's _Republican Institutions in the United States_. + + +State Governments. + +For the text of State constitutions see B.P. Poore's _Federal and State +Constitutions, Colonial Charters, and Other Organic Lows of the United +States_, in two vols. (1877), published by the government. For further +information regarding State constitutions consult Davis' _American +Constitutions_, in the Johns Hopkins University Studies, Series III; +Jameson's _Introduction to the Constitutional and Political History of +the States_, Johns Hopkins University Studies, Series IV; and +Hitchcock's _American State Constitutions_ (Putnam's "Questions of the +Day" series). See also of course Bryce's _American Commonwealth_. For +_Recent Tendencies in State Activities_, see paper by W.F. Willoughby, +to be published in the "Papers of the American Historical Association," +Vol. V., and articles by Dr. Albert Shaw, entitled _American State +Legislatures_, in Contemporary Review, October, 1889, and _The American +State and the American Man_, in the same review for May, 1887. The +_Forum_ for November, 1890, contains an interesting description of the +_Six New States_, by Senator Cullom. For histories of the individual +States, see the series of "American Commonwealths," edited by H.E. +Scudder, and published by Houghton, Mifflin & Co. Those for Connecticut, +Indiana, Michigan, Missouri, Kansas, California, Maryland, Kentucky, New +York, Ohio, Colorado, Oregon, and Virginia, have already appeared. + + +Local Government. + +Among authorities on Local Government are various monographs upon this +subject in the several States, contributed to the _Johns Hopkins +University Studies in Historical and Political Science_. See also Bryce +and Bannatyne. + + +City Government. + +See J.H.U. _Studies_, Vol. IV, Nos. 4, 10; Vol. V, Nos. 1, 2, 3, 4; Vol. +VII, Nos. 1, 3, 4. Also supplementary volume, _Philadelphia, 1681-1887: +a History of Municipal Development_, by Allinson and Penrose. Simon +Sterne has an able article on "Cities" in Lalor's _Encyclopaedia_. See +also chapters in Bryce's great work, and articles in the Political +Science Quarterly for June, 1887, and June, 1889; Forum, Vol. II, pp. +260, 539; and Quarterly Journal of Economics, January, 1890. + +The report of the New York Commission on "_A Plan for a New Government +of New York_," 1876, is valuable, as are also several of ex-Mayor +Hewitt's messages. Prof. Gniest has a suggestive article on Berlin, the +best governed city in the world, in the _Contemporary Review_, Vol. 46. +Shaw's article on Glasgow in the Century, March, 1890, is likewise +instructive. Spofford's _City of Washington and Growth of United States +Cities_ is interesting. Ely's _Taxation in American States and Cities_ +contains many excellent suggestions for improvements in our methods of +municipal administration. See also Ely's _Problems of To-day_. Putnam is +publishing a series entitled _Great Cities of the Republic_. The Stories +of New York, Boston and Washington have thus far appeared. + + +Government Revenue and Expenditure. + +Federal and State finance reports furnish official information. +Seligman's _Finances of American States and Cities_, published by the +American Statistical Association, 1890, is valuable, and furnishes +excellent statistical and tabulated information. Ely's _Taxation in +American States and Cities_ contains much information. Spofford's +article on _The Budget_ in Lalor's _Encyclopaedia_ is extremely +instructive. H.C. Adams' _Public Debts_ is one of the ablest financial +works in the English language. The proper administration of Federal and +State finances is discussed, and the subject of national and local debts +considered. Bolle's _Financial History of the United States_, in three +large volumes, is an able work, and can be consulted with profit. + +Census Bulletins, Nos. 6 and 7, describe respectively _The Indebtedness +of States in 1880 and 1890_, and _The Financial Condition of Counties_. + + +Money. + +See reports of the Director of the Mint, and of the Comptroller of the +Currency. See also Knox's _United States Notes_; Simmer's _History of +American Currency_, and text-books on _Political Economy_. + + +Public Lands of the United States. + +Sato's _History of the Land Question in the United States_, Johns +Hopkins University Studies, Series IV, is the best book for reference. +The official source of information regarding the public lands is +Donaldson's enormous report of 1341 pages on _The Public Domain: its +History with Statistics_ (1884), published by the government (House +Executive Documents 47, Part 4, 46th Congress, 3d Session.) For a short +account of _The Disposition of Our Public Lands_, see an article by A.B. +Hart, in the Quarterly Journal of Economics, January, 1887. Statistical +tables are appended to this article. + + +Reconstruction. + +See Johnston's article in Lalor's _Encyclopaedia_, and authorities there +cited. Also McPherson's _History of Reconstruction_, Dunning's _United +Stales Constitution in Civil War and in Reconstruction_, and W.E. +Foster's _References on the United States Constitution in Civil War_, +about to be published (1891). + + +Party Machinery and National Conventions. + +See especially Bryce's _American Commonwealth_, and Ostrogorski's +_Organisation des parties politiques aux Etats-Unis_. On the Caucus see +Whitridge's _The Caucus System_, published as "Economic Tract" No. 8, by +the Society for Political Education, New York. + + +Political Parties. + +Winsor's _Narrative and Critical History of America_ contains a short +history of political parties by Professor Alexander Johnston. See also +Johnston's admirable manual, _History of American Politics_, a book +especially adapted for school use. Von Holst's _Constitutional and +Political History of the United States_, six volumes, contains the most +comprehensive treatment of the history of political parties. Schouler's +_History of the United States under the Constitution_, is an exceedingly +able and interesting work. Four volumes bring this history down to 1847. +The fifth volume soon to appear, will bring the narrative down to the +Civil War. + +The first volume of Von Holst is especially interesting, as giving +statements of the various theories held regarding the origin and nature +of our constitution. Upon Nullification and Secession, see Von Holst's +_Life of Calhoun_; Stephens' _War between the States_; Greeley's +_American Conflict_; McPherson's _Political History of the Rebellion_; +and articles in Lalor's _Encyclopaedia_. The _American Statesman +Series_, now being published by Houghton, Mifflin & Co., contains +valuable biographies of leading American statesmen. See especially in +this series Schurz's _Henry Clay_; Morse's _Jefferson_; Lodge's +_Webster_; and Von Holst's _Calhoun_. Upon the Economic contrasts +between the North and South, see Von Holst's Constitutional History, +Vol. I, Chapters IX and X. Taussig's _History of the Tariff_, gives the +best history of this much debated subject. + + + + + + + +End of the Project Gutenberg EBook of Government and Administration of the +United States, by Westel W. Willoughby and William F. 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You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: Government and Administration of the United States + +Author: Westel W. Willoughby and William F. Willoughby + +Release Date: April 24, 2004 [EBook #12136] + +Language: English + +Character set encoding: ASCII + +*** START OF THIS PROJECT GUTENBERG EBOOK GOVERNMENT OF THE UNITED STATES *** + + + + +Produced by Juliet Sutherland, Shawn Cruze and PG Distributed +Proofreaders + + + + + +JOHNS HOPKINS UNIVERSITY STUDIES +IN +HISTORICAL AND POLITICAL SCIENCE + +HERBERT B. ADAMS, Editor + +History is past Politics and Politics present History--_Freeman_ + + + +NINTH SERIES +I-II + + +GOVERNMENT AND ADMINISTRATION +OF THE +UNITED STATES + +BY + +WESTEL W. WILLOUGHBY, A.B. +_Fellow in History_ + +AND + +WILLIAM F. WILLOUGHBY, A.B. +_U.S. Department of Labor_ + + + +1801 + + + + +TABLE OF CONTENTS. + +Chapters. + +I. Preface + +II. Government + Monarchy + Absolute + Limited + Aristocracy + Democracy + Republic + Popular Government + +III. Functions of Government + Necessary + Optional + +IV. Colonial Governments: Their Relation to Each + Other, and to England + Provincial + Proprietary + Charter + +V. Steps Toward Union--Articles of Confederation + New England Confederation + Albany Convention + Stamp Act Congress + First Continental Congress + Second Continental Congress + Articles of Confederation + Elements Tending to Separation and to Union + Purposes of the Confederation + Scheme of Government under the Articles + Defects of the Articles + +VI. Adoption of the Constitution + The Constitutional Convention + Arguments For and Against Adoption + +VII. Presidential Succession + +VIII. Election of Senators + +IX. Congressional Government + +X. Cabinet and Executive Departments + State Department + Treasury Department + War Department + Navy Department + Interior Department + Commissioner of Land Office + Commissioner of Pensions + Commissioner of Patents + Commissioner of Indian Affairs + Bureau of Education + Commissioner of Railroads + Geological Survey + Superintendent of the Census + Post Office Department + Department of Justice + Department of Agriculture + Department of Labor + Interstate Commerce Commission + Fish Commission + Civil Service Commission + Government Printing Office + National Museum, Smithsonian Institution, and Bureau + of Ethnology + Librarian of Congress + +XI. The Federal Judiciary + Federal Judicial System + District Courts + Circuit Courts + Jurisdiction + +XII. Ordinance for Government of the Northwest Territory + +XIII. Government of Territories + Admission of a Territory as a State + +XIV. State Governments + State Constitutions + State Legislatures + State Executives + State Judiciary + +XV. Local Government + In New England + In the South + In the West + +XVI. City Government + +XVII. Government Revenue and Expenditure + Federal Government + State and Local Taxes + Expenditures + Maryland + Baltimore + +XVIII. Money + Gold Coin, Gold Bullion, and Gold Certificates + Silver Dollars and Silver Certificates + Subsidiary and Minor Coins + Treasury Notes + Notes of National Banks + +XIX. Public Lands of the United States + Educational Grants + Land Bounties for Military and Naval Service + Land Grants to States for Internal Improvement + Sale of Public Land + Under Pre-emption Acts + Under Homestead Acts + Under Timber Culture Act + Certain Lands to States + Grants to Pacific and other Railroads + +XX. Reconstruction + +XXI. Party Machinery + +XXII. National Conventions and Presidential Campaigns + History and Development of the National Convention + Method of Procedure + +XXIII. Introduction to the Study of the History of + Political Parties in the United States + +Bibliographical Note + + + + +GOVERNMENT AND ADMINISTRATION +OF THE UNITED STATES. + + + +CHAPTER I. + +Preface. + + +These chapters were originally prepared for and used as a manual in the +public schools of the District of Columbia. In a revised and amplified +form they are now published as one of Johns Hopkins University Studies +in History and Politics. + +The aim of this revision is to furnish assistance to students beginning +the study of the history and practical workings of our political +institutions. It is not the purpose to furnish a complete text-book upon +the government of the United States and its administration, but, by a +clear, concise statement of the salient points of our federal system, +and a description of the actual workings of the characteristic features +of our institutions, to give to the student a better understanding of +the manner in which the same are administered, than is to be obtained +from the ordinary text-books on Civil Government. + +These Outlines are intended as an aid to both teacher and pupil, and for +use in a class whose members are already familiar with the leading +events and names in United States history. The work is intended to +furnish such supplementary information as can be obtained only with +great difficulty by most teachers, and which for the most part cannot be +obtained at all by the pupils. + +The authors have endeavored to make prominent the fact that our present +form of government is far from being contained in the written +constitution of 1787, and consequently, that a study of that instrument +alone will give a very inadequate idea of our government as it is. The +constitution was but a foundation upon which to build a government. + +Nothing like an analysis or commentary upon the constitution of the +United States is here attempted. The public is already well supplied +with books covering that ground. History proper, except as showing the +basis and reason for the establishment of our institutions, has likewise +found no place here. + +The book is to be used chiefly as a manual, to supply information that +would otherwise need to be dictated by the instructor. The Outlines are +in many particulars merely suggestive. Many topics are simply mentioned, +which the teacher must elaborate and explain at greater length. + +Lastly, though this book does not pretend to give a connected account of +our administration or politics, yet the subjects have been carefully +arranged in such an order as would most naturally be followed in a +course to which the work is intended to be an aid. + + + +CHAPTER II. + +Government. + +From the earliest times of which history furnishes authentic record, and +in all countries inhabited by man, people have found it necessary to +bind themselves together by civic regulations so that certain things may +be done by all in common--in short, to establish some form of +government. + +Now, as has always been the case, there are certain things which, from +their very nature, cannot be left to each individual to do, or not to +do, as he may choose, or to do in his own way. First of all, there is +the necessity of some means by which the weak may be protected from the +strong. The individual must be protected in his life and liberty, and +there must be some guarantee to him, that if he is industrious the +enjoyment of the product of his labor will be secured to him. Human +nature being imperfect, disputes and injustice are sure to arise. Hence +comes the necessity of some power above the citizens and able to command +their obedience, some power that can administer justice according to the +rights and not according to the strength of individuals. + +To thus control the actions of individuals, this power above the +citizens, this government, must possess functions of three kinds. First, +legislative power, or power to declare the rules of conduct to which the +citizen must conform; second, judicial power, or power to interpret and +declare the true meaning of these rules, and to apply them to the +particular cases that may arise; and third, the executive power, or +power to carry into execution these laws, and to enforce the obedience +of the citizens. + +To the student nothing could be more interesting and instructive, than +to trace how, as tribes and nations have progressed in civilization, +government has advanced in its development. How, as men have progressed, +first from the condition of savage hunters to the roving feeders of +flocks, then to tillers of the soil with fixed places of abode, and +finally to builders of cities teeming with trade, commerce and +manufactures; how as men have thus improved in civilization and material +well-being, their mutual duties and common interests have become more +and more important and numerous, and government as controlling these +interests and duties, has developed in form and improved in structure +until it has become an all-powerful, complex machine, controlling in +many ways the actions, and even the lives of its citizens. + +For thousands of years, governments have been developing and changing in +form and functions, and a very large part of the history of the nations +of the globe is identified with the history of the development and +changes of their governments. As new conditions and needs have arisen, +governments have adapted themselves to them. In some cases this has been +done peacefully, as in England, and in others violently, by +revolutionary means, as in France. In some cases functions previously +exercised have been relinquished, in others, new powers have been +assumed; but in the majority of cases, the change has been merely in the +manner of exercising this or that power. + +All peoples have not the same characteristics, nor have they developed +under the same conditions of climate, soil or situation. Different +nations have, therefore, developed for themselves different forms of +government. Yet these governments, however different in their structures +and administration, are in all cases distinctly referable to four well +defined types: Monarchy, Aristocracy, Democracy, and the Republic. +_#Monarchy.#_--A monarchy is a nation at whose head is a personal ruler, +called King, Emperor, or Czar, who has control of the government, +appoints the principal officers of state, and to whom in theory at +least, these appointees are responsible for their actions. Thus England, +Germany, Spain, Italy, Sweden, and others are monarchies. The sovereign +holds his position for life, and usually acquires his throne by +inheritance. Where the crown is nominally elective, as in England, +kingship is practically hereditary, the regular line of descent being +departed from only upon rare occasions. + +The amount of power actually exercised, the responsibility borne by the +sovereign varies widely in different countries, and upon the basis of +these differences monarchial forms of government are classified under +the two heads, Absolute and Limited Monarchies. + +_#An Absolute Monarchy.#_--An absolute monarchy is one in which the +sovereign or ruler is possessed of supreme power and authority, and +controls absolutely, without limitation or interference, all the powers +of government. His word is law and requires not the sanction of the +people. His commands are absolute and require not the formality of +judicial procedure, and are not necessarily in conformity with existing +laws. Implicit obedience to his commands, however arbitrary, may be +demanded, and there is no appeal. These are, theoretically, the powers +of the absolute monarch. Practically, however, he is constrained to keep +within fair bounds of justice and good policy, lest his subjects be +goaded to rebellion and revolution. The absolute form of monarchy exists +to-day in the empires of Russia and Turkey. + +_#A Limited Monarchy.#_--A limited monarchy is one in which the +ruler, though at the head of the government, is not absolute, but is +limited in his powers by the action of a body of men, selected by the +people, who make the laws by which the nation is to be governed. The +respective rights and powers of the sovereign and of the law-making +body, are determined by a collection of rules, written or unwritten, +collectively known as the constitution. The constitution contains the +fundamental law of the land. All acts of the government to be valid, +must be constitutional, that is to say, in conformity with the rules +laid down in the constitution. For this reason limited monarchies are +also known by the name of Constitutional Monarchies. + +England is the most conspicuous example of a limited or constitutional +monarchy. In consideration of our former connection with her, and the +extent to which we have derived our ideas of government from her +political institutions, it will be of great assistance to us if we stop +for a moment to consider her government, before proceeding to a study of +our own. + +The sovereign of England is termed King or Queen. Originally possessed +of almost absolute power, the English ruler, at the present day +possesses very little actual power and influence, much less in fact than +the people of the United States have entrusted to their President. The +constitutional history of England is largely the narrative of the +successive steps by which the people have wrested from royal hands and +taken under their own control, the powers of government. + +The rights of the English people in the participation of their own +government are not contained in the written document, such as we possess +in our constitution, but rest upon established custom and precedent, and +various charters wrested from their kings. + +The English Parliament, or, to speak more exactly, the lower branch of +the Parliament, called the House of Commons, rules the English people. +The Parliament or law-making branch of the English government, is +divided into two houses, the House of Lords, and the House of Commons. +The House of Lords is, as its name denotes, composed mainly of members +of the noble families of England, who owe their seat in that body to the +chance of birth. Theoretically possessed of powers of legislation equal +to those exercised by the lower and more numerous branch (the Commons), +the Lords have in reality but a small voice in the control of public +affairs. The House of Commons is composed of members elected by the +people. In this body reside almost all the powers of government. Its +acts require the assent of the House of Lords and of the King, but this +assent is almost wholly formal. The sphere of legislation allowed the +English Parliament is unlimited, differing in this respect fundamentally +from our Congress, which is limited in its legislative field by the +Constitution. From the English Parliament is selected the "Cabinet" +consisting of the principal executive officials, who guide the House in +its legislation, and at the same time conduct the executive affairs of +the nation. These ministers, as they are called, are appointed by the +king from the party in the majority in the House of Commons. They are +responsible to that body for all their actions, and retain their offices +only so long as they retain the confidence and good will of the Commons. + +_#An Aristocracy.#_--An aristocracy is a government in the hands of a +select few, called the aristocracy, who transmit this authority to their +children. There are to-day no aristocratic governments proper, though +many nations exhibit aristocratic tendencies. In nearly all of the +European countries, one branch, at least, of their legislatures is +composed of members holding their seats on account of noble birth, thus +admitting the aristocratic element into their governments. + +_#Democracy.#_--A pure democracy is a government in which all the people +rule directly, meeting in popular assemblies in which is determined by +the votes of the majority how the government is to be administered. This +form of government is obviously possible only in very small communities. +Several of the Grecian states governed themselves after this manner. No +perfect example of a nation with this form of government can be said to +exist at this time. The nearest approach to pure democracy is found in +certain cantons of Switzerland. The Roman historian Tacitus tells us +that the early Germans governed themselves in a purely democratic +manner, and the first governments of several of our American colonies +were of the democratic type. When we come to the study of local +government in the United States we shall see the democratic form +followed in the New England Town Meetings. + +_#Republic.#_--A republic is a democracy adapted by means of the +introduction of the representative principle, to the government of a +large and widely separated people. Under this form of government the +people rule themselves, not directly, as in a democracy, but through +agents or representatives of their own selection. The participation of +the people in their own government consists therefore merely in the +choice of officers to represent them and carry out their wishes. There +exist at present several republics, the tendency seeming to be for +nations to approach more nearly this form of government. France has +been, since 1870, the best European example of a republic. Our own +government--the United States of America--is to us the most interesting +and important example of a republic. + +_#Popular Government.#_--By the word 'popular' is meant, of or by the +people, and by popular government is to be understood a government in +the administration of which the people as a whole participate. Every +change by which new and greater political powers are given into the +hands of the common people is considered a step towards the full +realization of popular government. During the last one hundred years +great strides have been made in this direction by all European nations +except Turkey and Russia. The extent to which this movement towards +popular control of government can be safely and successfully carried is +a question of very great importance. To a very large extent it depends +upon the intelligence, previous training, and natural political ability +of the people who are to be entrusted with their own government. + + + +CHAPTER III. + +The Functions of Government. + + +Broadly speaking, the functions performed by government are of a +threefold order: the establishment, interpretation, and enforcement of +laws. A division of government into three branches is thus called for: +the legislative, the judicial and the executive. The manner in which +these departments are related to each other, the extent to which they +are vested in the same hands, and the degree in which they are separate +from each other and independent in their workings, differ in different +countries. In England, as we have seen, the executive and legislative +functions are closely united. In our government, as we shall see when we +come to consider its structure, complete independence of the three +departments has been aimed at. + +All statesmen agree that a good government should possess ample power to +interpret its own laws, and sufficient strength to fully enforce them. +When we come, however, to the question of what are the proper subjects +for control by government, and what for free management by individuals, +we reach a subject upon which writers and thinkers have been unable to +agree. + +Under the great question, over how broad a field it is expedient and +right to extend the activities of government, are embraced many of the +great topics at present agitating the public mind. Difference upon this +point has been one of the underlying causes of the existence of +political parties in the United States, and has furnished one of the +real springs of our history. Communism, socialism, and anarchy, may be +embraced under this question. This it is that makes the study of the +principles of government, especially in the United States, so important +to every one who would understand the political life around him, and be +able to form an intelligent decision upon the questions of the day. +Shall the nation or the state own and manage the railroads, the +telegraph lines, and the canals? Shall education receive the support of +the state? Shall the employment of women and children in mines and +factories be regulated by law? Shall the city own its own street +railways, its markets, its water and gas supply, its telephones, and its +water fronts? Shall this or that duty be delegated to the city or to the +state, or shall it be left to the chance performance of individuals or +corporations? These are some of the many questions of supreme importance +that meet us at every point, and the better we understand the true +nature and structure of our government, the better shall we be able to +give intelligent answers. + +Among the many functions of government, there are many so obviously +necessary to the existence of a nation, however organized, that there is +no discussion concerning the expediency of their exercise by the state. +We may, therefore, group governmental duties under two heads: the +necessary, and the optionable; or, as Professor Wilson has named them, +the _Constituent_ and the _Ministrant_.[1] Under the first head is +embraced all those functions which _must_ exist under every form of +government; and under the second title those "undertaken, not by way of +governing, but by way of advancing the general interests of society." +The following is Professor Wilson's classification: + + _#I. The Necessary or Constituent Functions.#_-- + + (1). The keeping of order and providing for the protection of + persons and property from violence and robbery. (2). The fixing of + the legal relations between man and wife, and between parents and + children. + + (3). The regulation of the holding, transmission, and interchange + of property, and determination of its liabilities for debt or for + crime. + + (4). The determination of contract rights between individuals. + + (5). The definition and punishment of crime. + + (6). The administration of justice in civil causes. + + (7). The determination of the political duties, privileges, and + relations of citizens. + + (8). Dealings of the state with foreign powers; the preservation of + the state from external danger or encroachment, and the advancement + of its intellectual interests. + + _#II. Optional or Ministrant Functions.#_ + + (1). The regulation of trade and industry. Under this head we must + include the coinage of money, and the establishment of standard + weights and measures, laws against forestalling, engrossing, the + licensing of trades, etc., as well as the great matters of tariffs, + navigation laws, and the like. + + (2). The regulation of labor. + + (3). The maintenance of thoroughfares, including state management + of railways, and that great group of undertakings which we embrace + within the comprehensive terms 'Internal Improvements,' or 'The + Development of the Country.' + + (4). The maintenance of postal and telegraph systems, which is very + similar in principle to (3). + + (5). The manufacture and distribution of gas, the maintenance of + water-works, &c. + + (6). Sanitation, including the regulation of trades for sanitary + purposes. + + (7). Education. + + (8). Care of the poor and incapable. (9). Care and cultivation of + forests and like matters, such as stocking of rivers with fish. + + (10). Sumptuary laws, such as 'prohibition' laws. + +Under this second head have been included by no means all of the +functions whose exercise by the government has been attempted or +proposed, but they show the principal ones, and serve to indicate the +nature of the optional field of governmental activity. + +[Footnote 1: Wilson, _The State_, Section 1232.] + + + +CHAPTER IV. + +Colonial Governments; Their Relation to Each Other, and to England. + + +To understand clearly the early history of our country; to appreciate +the reasons for the grievances of the colonists against their mother +country; and to gain an intelligent idea of the events of that most +critical period of our history, when the colonies, then free, were in +doubt as to the nature of the federal government they should adopt; +properly to understand all these facts, it is of essential importance +that we should gain a correct knowledge of the condition of the colonies +during those times, their relations to one another, their governmental +connection with and attitude towards England. + +The thirteen American colonies, which in 1775 dared defy the might of +Great Britain, and which in a stubborn struggle were able to win their +independence, were settled at various times, and by colonists actuated +by widely different motives. At the time of the beginning of their +resistance to the oppressive acts of their mother country, they were, in +their governments, entirely separate from and independent of each other. +"Though the colonies had a common origin, and owed a common allegiance +to England, and the inhabitants of each were British subjects, they had +no direct political connection with each other. Each in a limited sense, +was sovereign within its own territory.... The assembly of one province +could not make laws for another.... As colonists they were also excluded +from all connection with foreign states. They were known only as +dependencies. They followed the fate of their mother country both in +peace and war.... They could not form any treaty, even among themselves, +without the consent of England."[1] + +[Footnote 1: Story's _Commentaries on the Constitution_, Vol. I, p. +163.] + +All the colonies did not bear the same relation to the English +government. Owing to the different manner in which the right of +settlement, and occupancy of the soil had been obtained from the king, +the colonies had obtained different rights of government, and were +placed under different obligations to the crown. There came thus to be +three types of colonial governments; the provincial or royal, the +proprietary, and charter governments. + +_#I. Provincial Colonies.#_--Those colonies which possessed a provincial +form of government were royal colonies, being governed almost entirely +by England, as she governs many of her colonies to-day. At the head of +each was a Governor appointed by the King of England. He was assisted by +a council, also appointed by the king. The constitution and laws for +this form of government were contained in the commission and instruction +given to the Governor by the English government. By them the Governor +was empowered to summon a representative assembly. The legislative body +consisted, then, of the Governor, his council, appointed by the king, +and a lower house elected by the people. The Governor had the right of +veto, and the power to dissolve the assembly. The legislature could make +laws, provided they were not repugnant to the laws of England. These +laws were subject to the approval of the Crown. The governor, with the +advice of his council, could erect courts, appoint judges, levy forces, +etc. From the highest courts in all the colonies an appeal lay to the +English King in Council. + +_#II. Proprietary Colonies.#_--The English King often gave to +individuals large tracts of land in the New World. In addition to +ownership of the soil, was given in many cases the right to establish +civil government. These proprietors had all the inferior royalties and +subordinate powers of legislation. The proprietor could appoint or +dismiss the governor, he could invest him with the power to convene a +legislature, with power to veto its acts according to his wishes, and to +perform all other powers of a governor. All laws made, those of Maryland +excepted, were subject to the approval of the English Crown. + +_#III. Charter Colonies.#_--Colonies under this form of government were +so called from their possessing constitutions for their general +political government. These written constitutions were charters obtained +from the King, in which were granted to the people of the colony certain +privileges and rights of self-government which the English government +could not justly take away from them. One of the unjust acts that did +much to arouse the colonists to resistance, was the attempt of the +English government in 1774, to annul the charter of Massachusetts by the +Regulation Act. In this act was contained a precedent that (as Curtis +says) "justly alarmed the entire continent, and in its principle +affected all the colonies, since it assumed that none of them possessed +constitutional rights which could not be altered or taken away by an act +of Parliament." The charters were very liberal, granting almost entire +self-government. As in the royal colonies, the executive was a governor, +and the law-making branch a legislature of two houses. + +In Massachusetts the governor was appointed by the Crown, and had a veto +power. The Council or upper branch of the legislature was chosen +annually by the lower house, but the governor had a right of veto on +their choice. The lower house was elected by the people. In Connecticut +and Rhode Island the governor, council, together with the assembly were +chosen annually by popular vote, and all officers were appointed by +them. In these two the governor had no right of veto, and the laws +before going into execution did not require the royal approval. + +Seven of the original colonies began under proprietary governments--New +York, Pennsylvania, Delaware, North and South Carolina, Maryland and +New Jersey. Of these, four--New York, New Jersey, North and South +Carolina--became eventually provincial colonies, and Maryland was at one +time a proprietary. + +Three of the colonies, Massachusetts, Connecticut and Rhode Island, were +settled under charters that were never surrendered. Three others, +Virginia, Georgia and New Hampshire possessed charters for a while, but +eventually became royal colonies. + +Notwithstanding these diversities of government that have been pointed +out, there were many features common to all the colonies. All considered +themselves dependencies of the British Crown. All the colonists claimed +the enjoyment of the privileges and rights of British-born subjects, and +the benefit of the common law of England. The laws of all were required +to be not repugnant to, but, as nearly as possible, in conformity with +the laws of England. In all the colonies local legislatures existed, at +least one branch of which consisted of representatives chosen by the +people. + +The general condition of the colonies at the time of the outbreak of the +Revolutionary War, so far at least as concerns their governments, has +now been given. What were the grounds upon which the colonists justified +their resistance to the acts of English government? + +In the first place, they claimed that their rights were received from, +and their allegiance was due to the King, not to the Parliament. The +colonists said the King was the only tie that bound them to England; +that Parliament was composed of representatives from England alone, and +therefore had powers of legislation only for England. Later, however, it +was conceded that in matters of general interest to the whole United +Kingdom, Parliament might exercise control, but that concerning all +matters of domestic and internal interest, and of concern only to +themselves, it was the right of their own legislatures to legislate, and +that under this head came taxation. + +Says Story:[1] "Perhaps the best summary of the rights and liberties +asserted by all the colonies is contained in the celebrated declaration +drawn up by the Congress of nine colonies assembled at New York in +October, 1765 (Stamp Act Congress). That declaration asserted that the +colonists 'owe the same allegiance to the Crown of Great Britain that is +owing from his subjects born within the realm, and all due subordination +to that august body, the parliament of Great Britain,' That the +colonists 'are entitled to all the inherent rights and liberties of his +(the King's) natural born subjects within the kingdom of Great Britain. +That it is inseparably essential to the freedom of a people, and the +undoubted rights of Englishmen, that no taxes be imposed on them but +with their own consent given personally or by their representatives.' +That the 'people of the colonies are not, and from their local +circumstances cannot be represented in the House of Commons of Great +Britain. That the only representatives of these colonies are persons +chosen by themselves therein; and that no taxes ever have been or can be +constitutionally imposed upon them but by their respective legislatures, +and that trial by jury is the inherent and invaluable right of every +British subject in these colonies.'" + +[Footnote 1: _Commentaries_, Vol. I, p. 175.] + +In opposition to these views, the English government held that +Parliament had the authority to bind the colonies in all matters +whatsoever, and that there were no vested rights possessed by the +colonies, that could not be altered or annulled if Parliament so +desired. + +At the beginning of the Revolutionary War, complete independence was not +claimed by the colonies. It was not until July 4, 1776, that they were +driven to a declaration of full and entire independence and +self-government. By this declaration the colonies threw off their +colonial character, and assumed the position of states. This they did by +simply taking into their own hands the powers previously exercised by +the English King and Parliament. In the state constitutions which many +colonies formed during the year, their old colonial forms of government +were closely followed. Connecticut and Rhode Island, in fact, merely +declared their allegiance to England absolved, and retained unchanged +their old charters as their fundamental law. In Connecticut no other +state constitution was adopted until 1818, nor in Rhode Island until +1842. + + + +CHAPTER V. + +Steps Toward Union.--Articles of Confederation. + + +Previous to 1774 the thirteen English colonies in America had had no +political or governmental connection with each other. Any attempt on +their part to unite without the consent of the English King or +Parliament would have been considered an act beyond their powers and as +insubordination towards the English government. + +_#New England Confederation.#_--In 1643 there was formed a union of the +four colonies of Connecticut, New Hampshire, Plymouth, and Massachusetts +Bay, termed the "New England Confederation," which lasted forty years; +but this was merely a union for mutual protection against their common +foes, the French, the Dutch, and the Indians, and not for joint +legislation or government. It was a defensive alliance. + +_#The Albany Convention._#--(Franklin's Plan.) In 1754, however, there +was held a meeting of the colonies of New Hampshire, Massachusetts, +Rhode Island, Connecticut, New York, Pennsylvania, and Maryland, called +the "Albany Convention," in which was proposed a union of all the +colonies under one government. Benjamin Franklin, the chief promoter of +this scheme, drew up an elaborate constitution which was to be adopted. +According to this plan there was to be a chief executive, elected by the +king, and a council of 48 members, to be chosen by the legislatures of +the several colonies. This scheme failed to obtain either the consent of +the king or of the colonies themselves. It was too much of a union to +suit the king, and not enough for the colonies. _#The Stamp Act +Congress.#_--The indignation aroused by the attempt of England to tax +her colonies without allowing them a voice in the Parliament which +imposed such taxes, gave rise in 1765 to a meeting of delegates from +eight of the colonies. This assembly was called the "Stamp Act +Congress." The obnoxious Stamp Act was repealed, but England continued +to impose other taxes. + +_#First Continental Congress.#_--An invitation was sent out by Virginia +to all the colonies, calling a meeting of delegates to consider what +could be done by their united action to resist their common grievance. +Thus met the "First Continental Congress" in 1774, in which all the +colonies but Georgia were represented. This Congress adopted a +declaration of rights and grievances. The colonies maintained that as +long as they were unrepresented in the English legislature (Parliament), +taxes should be imposed only by their own legislatures; also, that they +were entitled to the rights, liberties, and immunities of free, +natural-born subjects within the realm of England. + +_#The Second Continental Congress.#_--On May 10, 1775, assembled the +Second Continental Congress, in which all the thirteen colonies were +represented. The battle of Lexington had then been fought, and blood had +been shed. Though the colonies had as yet no intention of throwing off +all connection with England, they were now prepared to resist with arms +any invasion of their rights. The work performed by this body has been +concisely and forcibly stated by Schouler.[1] He says: "Thus originated +that remarkable body known as the Continental Congress, which, with its +periodical sessions and frequent changes of membership, bore for fifteen +years the symbols of Federal power in America; which, as a single house +of deputies acting by Colonies or States, and blending with legislative +authority, imperfect executive and judicial functions, raised armies, +laid taxes, contracted a common debt, negotiated foreign treaties, made +war and peace; which, in the name and with the assumed warrant of the +thirteen colonies, declared their independence of Great Britain, and by +God's blessing accomplished it; which, having framed and promulgated a +plan of general confederation, persuaded these same thirteen republics +to adopt it, each making a sacrifice of its sovereignty for the sake of +establishing a perpetual league, to be known as the United States of +America, a league preserved until in the fullness of time came a more +perfect Union." + +[Footnote 1: _Hist. U.S._, Vol. I, p. 13.] + +The acts of this Congress were the _first legislative acts by the joint +action of the colonies_. + +The Second Continental Congress was essentially a revolutionary body. +That is to say, the authority for its acts rested upon no definite grant +of powers by the colonies, but was assumed by it to meet the crisis of +war. Properly speaking, it could hardly be called a government. It was +more in the nature of a directing advisory committee. Its commands +possessed a recommendatory character only, and it was entirely without +executive officers, or legal control over either individuals or the +colonies. + +_#The Articles of Confederation.#_--A stronger central power than that +afforded by the Continental Congress was seen to be a necessity. +Accordingly, in 1777, there was drawn up a scheme of union embraced in a +paper termed "The Articles of Confederation." These articles, though +adopted as early as 1777, did not go into effect until 1781, the +provision being that they should not be considered as in force until +ratified by _all_ the colonies, and several refused to ratify until all +state claims to western territory were relinquished in favor of the +National Government. + +_#Elements Tending to Separation and Those Tending to Union.#_--We must +remember that this was a union of thirteen previously separate colonies. +The facts which had tended to keep them apart had been the difficulty of +travel and communication between the colonies, the lack of commercial +intercourse, but more than all, their local jealousies. The small States +feared the larger; commercial jealousies were very keen. In 1756 Georgia +and South Carolina actually came to blows over a dispute as to the +navigation of the Savannah river. Other disputes about boundaries were +frequent. Colonies with good harbors and seaports desired to keep the +benefits of them exclusively to themselves. At that time, too, the +people of the thirteen colonies were far more widely separated in their +forms of government, their industrial habits and social customs than +they now are. On the other hand, the old facts which tended to urge on a +common union between them were common race, language, and nationality, +many similar political institutions, and, most of all, common interests +and a common peril. + +_#The Purposes of the Confederation.#_--The purposes of this +Confederation are best stated by giving Article III of the Articles: + +"The said States hereby severally enter into a firm league of friendship +with each other for their common defense and 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 pretext +whatever." + +_#Scheme of Government under the Articles of Confederation.#_--The +Articles of Confederation established a framework of government for the +confederated colonies, which government was to control those matters +that experience had shown could be executed only by united action. As a +scheme of government it was no better than a makeshift. It was an effort +to form a federal power without diminishing the powers of the States--an +effort "to pare off slices of state government without diminishing the +loaf." That such a union could be perpetual, as the scheme professed, +was impossible. + +Under these Articles of Confederation the sole functions of the federal +authority, legislative, executive, and judicial, were vested in a +Continental Congress, consisting of a single house of delegates, who +voted by States, and were appointed annually in such a manner as the +respective States directed. Each State was entitled to not less than two +nor more than seven delegates, a majority of whom decided the vote of +the State in question. The executive functions were largely performed by +a Committee of States, which was empowered to sit during recesses. For +all important measures the vote of every State was required. The vote of +all thirteen was required for an amendment. + +_#Defects of the Articles of Confederation.#_--In this scheme of union +there were many fatal defects. The principal of these defects were-- + +1. The want of some compulsory means of enforcing obedience to the acts +of Congress. The articles provided neither an executive power nor a +national judiciary worth mentioning. As one writer has said: "Congress +could declare everything, but do nothing." A single colony could with +impunity disregard any decree of the Congress. + +2. The large vote required to pass all important measures. + +3. The absence of the right to regulate foreign commerce, and make +duties uniform, and to collect those duties. This defect, as we shall +find, was one of the most vital, and more than any thing else decreed +the failure of the practical working of the Confederation, and showed +the necessity of a better and stronger National government. + +4. The virtual impossibility of amendment. Since a unanimous vote was +required, the selfish interest of one State could, and did, stand in the +way of an amendment beneficial and necessary to the other twelve. + +5. There was no power to enforce treaties. Foreign countries recognized +this, and therefore refused to enter into any treaties with us. +Washington said: "We are one nation to-day, and thirteen to-morrow. Who +will treat with us on such terms." + +England refused to carry out the conditions of the treaty of 1783, and +continued to keep troops on our Western borders. + +6. The central authority had insufficient power to control disputes +arising between the States. + +7. The lack of a Federal judiciary. + +8. Lack of power to collect taxes, or to raise revenue to defray even +the ordinary expenses of government. This was the most striking and +important defect of them all. The whole power given to Congress under +this head was the power "to ascertain the sum necessary to be raised for +the service of the United States, and apportion the rate or proportion +on each State." The collection of such taxes was left to the States +themselves, and if they refused (as they frequently did) the Federal +Government had no power to compel them. + +Our present better government was "wrung from the grinding necessities +of a reluctant people." + +_#Adoption of the Constitution.#_--Actual hostilities ceased in 1781. In +1783 peace with England was declared, and the independence of the +colonies was achieved. The war left the American people with an empty +treasury, and a country drained of its wealth and impoverished by the +exhaustive struggle. It left us with a large national debt, both to our +own citizens and friends abroad, and most of all, left us with an army +of unpaid patriotic soldiers. And no sooner had foreign danger been +removed than domestic troubles arose which filled all with gloomy +forebodings for the future. With the loss of that cohesive principle +which common danger supplied them, the colonies now began to fall apart. +Even during the progress of the war the weakness of the Union had shown +itself. Washington unhesitatingly declared that it was the lack of +sufficient central authority that caused the prolongation of the war. +One instance will show how weak was the Federal authority. During the +summer of 1783, when Congress was at Philadelphia, some eighty deserters +from the army so threatened Congress as to force a removal of our +Federal capital from that place to Princeton. The Continental finances +were in a deplorable condition. Congress could not even collect +sufficient taxes for the payment of the interest on the public debt. The +States could, and often did, refuse to pay their proportion of taxes +imposed upon them by Congress. Congress made a last attempt, in 1785, to +raise a revenue by a tax on imported goods, but this measure failed, New +York refusing to ratify. Congress, indeed, did not collect one-fourth of +her demands. Commerce was going to ruin. England refused to allow our +country the rich trade with the West Indies. To these troubles were +added the mutual jealousies and selfishness of the States. Each of them +tried to attract commerce to itself, and passed laws hurtful to the +other States. + +The people in Massachusetts were in insurrection. The French minister +wrote to his country: "There is now no general government in America--no +head, no Congress, no administrative departments." + +For all these evils the limited and imperfect powers conferred upon the +Federal Government by the articles of Confederation afforded no adequate +remedy. Even the Constitutional Congress was now in danger of breaking +up. States, to save expense, neglected to send delegates, and repeated +appeals had to be made to get representation from nine States so as to +pass important measures. A better union was seen by all thoughtful +citizens to be necessary, but very difficult to obtain, owing to +inter-state differences. The idea of having a convention separate from +the Congress, whose work should be the framing of a stronger government, +gradually gained ground. + +The Constitutional Convention was obtained in a roundabout way, and only +after repeated failures. The first attempt to obtain an assembly of +representatives was made at Annapolis, Maryland. Only five States sent +representatives, and the convention accordingly adjourned to +Philadelphia, where in May, 1778, delegates from all the States, except +Rhode Island, finally assembled. + + + +CHAPTER VI. + +Adoption of the Constitution. + + +_#The Constitutional Convention.#_--Fifty-five delegates were present. +With scarcely an exception they were all clearheaded, able, and moderate +men. Virginia sent Washington, Madison, Edmund Randolph; Pennsylvania +sent Benjamin Franklin, Robert Morris, and James Wilson; New York sent +Alexander Hamilton; New Jersey, Patterson; and South Carolina, the two +Pinckneys. Washington was chosen President of the Convention. Two rules +were adopted: 1st, proceedings were to be secret, and 2d, one vote was +to be given to each State, thus making it of no importance whether a +State had a large or small delegation. + +Though the delegates had thus assembled to form a better and new union, +they differed widely in their views as to what changes were necessary, +and as to what powers should be given to the Federal Government, and +what retained by the States. Some desired merely a change of the +existing Articles of Confederation, more power being granted, however, +to the Federal Government; while others wished for an entirely new +Constitution. + +The convention at once divided into two parties. The one representing +the small States, such as New Jersey and Delaware; and the other, the +larger States, such as Virginia, New York and Massachusetts. The plan +brought forward by the party of the large States was that presented to +the convention by Edmund Randolph, of Virginia, and generally known as +the National or Large State Plan. This plan proposed a congress of two +houses, having power to legislate on all National matters, and to compel +obedience on the part of the States. Representation in both houses was +to be based on population, thus giving to the larger, and more populous, +States the control of both branches of the legislature; and, also, since +by this scheme the president, executive officers, and judges were to be +appointed by Congress, control of the whole administration of the new +government. + +On behalf of the small States, Patterson, of New Jersey, introduced what +is called the New Jersey plan. By this plan the old Federal Congress was +to be continued with its single house of legislature, and equal State +vote. + +The great point upon which the two plans differed, was as to how +representation in the legislature should be apportioned among the +States; whether it should be according to population, and with two +houses, or whether there should be but one house, in which each State +should have an equal vote. The question was settled by a compromise. It +was agreed that there should be a legislature of two houses, a Senate or +upper and less numerous branch; and the House of Representatives, the +popular and more numerous lower branch. In the Senate each State was to +have an equal representation, thus putting the large and small States on +an equal footing. On the other hand, in the House of Representatives +representation was to be according to population, thus favoring the +larger States. + +Another point upon which the convention differed was concerning the +slave trade; whether it should, or should not, be allowed to continue. +This question was also compromised, it being agreed to permit its +continuance for twenty years (until 1808), after which all importation +of slaves might be prohibited. + +Yet another point in dispute was whether the slaves should, or should +not, be counted in estimating the population of the States, in order to +determine the number of representatives to which each State should be +entitled. This likewise was compromised. It was agreed that five slaves +should be counted equivalent to three white men. + +These three main points being settled by compromises, other parts of the +government, such as a single chief executive, a Federal judiciary, and +the decision as to what powers should be given to the President, what to +the Senate, and what to the House, were more easily arranged, and the +convention adjourned September 17, 1787, having been in session a little +over four months. Thus was prepared the Constitution under which we are +now living--an achievement declared by Guizot to be the greatest work of +its kind, and by Gladstone to be the greatest work ever struck out at +one time by the hand of man. + +The Constitution having been agreed to in convention, it was now +submitted to the vote of each of the colonies for acceptance. It was +decided in this convention that it should be considered as ratified, and +should go into effect as soon as accepted by nine of the thirteen +States. + +The adoption or rejection of the Constitution now became a question +which claimed the entire attention of the States, and it is during this +contest that we find the origin of the first political parties in the +United States. Those favoring the adoption of the Constitution were +called "Federalists" and those opposing it "Anti-Federalists." + +_#Arguments For and Against Adoption.#_--The Federalist party was +composed of those men who were desirous of a strong central government, +and for this reason favored the Constitution. This party was especially +strong in New England, largely because New England, being the commercial +part of the colonies, had had the lamentable weakness of the old +confederation brought home to them the more forcibly by the +disorganization and loss of commerce which the Continental Congress had +been unable to regulate. + +The Anti-Federalists were those who wished the State governments to be +kept strong, and that there should be a comparatively weak central +government. + +The argument used by the Federalists for the adoption of the +Constitution was, that only by correcting all those defects of the +Confederation which have been pointed out, could order and prosperity be +restored to the country. They said that the Constitution, being a series +of compromises, could not please everyone in all respects, but that it +was the best that could be obtained under the circumstances. Their +arguments appeared in a remarkable collection of eighty-five essays, +called the "Federalist," written by Alexander Hamilton in company with +John Jay and James Madison. In these were explained all the points of +the Constitution, and to this day they remain the best exposition of the +Constitution ever written. + +The objections raised by the Anti-Federalists were many. In the first +place, it was of course objected that it gave to the central government +too much power; that state government and State liberty would be crushed +out. The State was then as dear to the citizen as is the National +Government to us to-day. Patriotism was then devotion to the State. The +colonists had suffered so much from control over their state governments +by an outside strong government, that they were fearful of again putting +themselves under a strong national government though of their own +making. In warning terms it was declared it would be a government +founded upon the destruction of the governments of the several States. +They said, "Congress may monopolize every source of revenue, and thus +indirectly demolish the State governments, for without funds they cannot +exist." These elements of State love and jealousy of the Federal power +are of the utmost importance in studying our history. We see them +running through all our life as the main causes of division between +political parties. (See later chapter on "Introduction to History of +Political Parties.") + +Another objection was, that the Constitution contained no definite "bill +of rights" recognizing and guaranteeing fundamental personal liberties, +such as freedom of speech, liberty of the press, assurance against +unjust arrest, the right to bear arms, and trial by jury in civil cases, +etc. This class of objections was satisfied by the adoption of the first +ten constitutional amendments. It was also claimed by those opposed to +the ratification, that inasmuch as the Constitution placed no limit to +the number of terms which a President might serve, one man might become +so powerful as to obtain a life-tenure of office, and thus the +government would degenerate into a monarchy. To show how exaggerated +were the fears during this critical period of our history, we have the +report that it was actually claimed and believed by many at that time +that the Federalists had the secret intention of inviting over to our +country some European prince who should rule as king. Patrick Henry +cried, "We shall have a king; the army will salute him monarch." Though +not fixed by the Constitution, it has been since the time of Washington +the invariable rule that no man shall be elected for more than two +terms. The friends of President Grant attempted to have him nominated +for a third time, but so strong was this prejudice that, popular as he +was at that time, the plan failed. + +For nine months the struggle was wagered fiercely in the States, but the +Federalists prevailed. In June, 1788, the ninth State ratified, and +adoption was assured. Congress fixed the first Wednesday in January for +the election of presidential electors, the first Wednesday in February +for the meeting of the electors and election of the President, and the +first Wednesday in March, 1789, for the inauguration of the President +and the beginning of the new government. This last date fell upon the +4th of March, which date has from that time served as the day for the +inauguration of our presidents. Owing to a delay in the assembling of +the new Congress, Washington was not inaugurated, nor our present +government instituted, until April 30, 1789. + +Thus was founded our present government, which has stood the test of a +century. When adopted there were thirteen States; now there are +forty-four. The inhabited area was then the narrow strip between the +Atlantic Ocean and the Allegheny Mountains, with a population of +scarcely 3,000,000. Now the United States stretches 3,000 miles from +ocean to ocean, and contains a population of over sixty millions. + + + +CHAPTER VII. + +Presidential Succession. + + +The provisions of the Constitution regarding the Presidential +succession, in case of the death or resignation of both President and +Vice-President, are: "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 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." (Article II, section 6.) + +In pursuance of the power thus granted to it in the last half of this +section, Congress in 1792 passed an act declaring that in case of the +death, resignation, etc., of both the President and Vice-President, the +succession should be first to the President of the Senate and then to +the Speaker of the House. + +This order was changed by the act of 1886, which provided that the +succession to the presidency should be as follows: + + 1. President. + 2. Vice-President. + 3. Secretary of State. + 4. Secretary of the Treasury. + 5. Secretary of War. + 6. Attorney-General. + 7. Postmaster-General. + 8. Secretary of the Navy. + 9. Secretary of the Interior. + +In all cases the remainder of the four-years' term shall be served out. +This act also regulated the counting of the votes of the electors by +Congress, and the determination of who were legally chosen electors. + +Note.--The Constitution made no provision in case of a contested +election, or when no one should be elected. Such a contingency seemed to +have been overlooked in the framing of the Constitution. + + + +CHAPTER VIII. + +Election of Senators. + + +The provisions of the Constitution regarding the election of senators +were as follows: "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." (Article I, section 3, +paragraph 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." +(Article I, section 4, paragraph 1.) + +Until 1866 this matter was left entirely to the States, as permitted by +the section of the Constitution just given. In that year an act was +passed by the Federal Congress regulating the election of senators by +the State Legislatures. By it was provided that the Legislature of each +State, which is chosen next preceding the expiration of the term of +either of their senators, shall on the second Tuesday after assembling +elect a senator in the following manner: Each House shall by open ballot +(_viva voce_) choose some man for senator, and he who receives a +majority of the total number of votes cast in such House is entered on +the journal of that House. At noon on the following day the members of +the two Houses convene in joint assembly, and the journal of each House +is then read, and if the same person has received a majority of the +votes of each House he is declared duly elected senator. But if not, the +joint assembly then proceeds to choose by a _viva voce_ vote of each +member present, a person for senator, and the person who receives a +majority of all the votes of the joint assembly--a majority of all the +members elected to both Houses being present and voting--is declared +duly elected. If no person receives such a majority on the first day, +the joint assembly meets at noon on each succeeding day during the +session of the Legislature, and takes at least one vote until a senator +is elected. In case of a vacancy occurring in the Senate during the +recess of the State Legislature, the governor appoints a man to fill the +place, his appointee holding until a successor shall be chosen in the +above method by the State Legislature. + +In the House, when vacancies happen in the representation from any +State, the Governor issues an order for a new election in the +congressional districts in which such vacancies occur. The +representatives thus elected hold office for the unexpired terms of +their predecessors. + + + +CHAPTER IX. + +Congressional Government. + + +The Constitution created Congress and conferred upon it powers of +legislation for national purposes, but made no provision as to the +method by which these powers should be exercised. In consequence +Congress has itself developed a method of transacting its business by +means of committees. + +The Federal Legislature consists of two Houses--the Senate, or Upper and +less numerous branch, and the House of Representatives, or the Lower and +more numerous popular branch. + +The Senate is composed of two members from each State elected by the +state legislatures for a term of six years, one-third of whom retire +every two years. The presiding officer is the Vice-President. Early in +each session, the Senate chooses a President _pro tempore_, so as to +provide for any absence of the Vice-President, whether caused by death, +sickness, or for other reasons. + +The House of Representatives is at present composed of 332 members and +four delegates from the Territories. These delegates, however, have no +vote, though they may speak. The House is presided over by a speaker, +elected at the beginning of each session. A quorum for business is, in +either House, a majority. + +Congress meets every year in the beginning of December. Each Congress +lasts two years and holds two sessions--a long and a short session. The +long session lasts from December to midsummer. The short session lasts +from December, when Congress meets again, until the 4th of March. The +term of office then expires for all the members of the House, and for +one-third of the Senators. The long session ends in even years (1880 and +1882, etc.), and the short session in odd years (1881 and 1883). Extra +sessions may be called by the President for urgent business. + +In the early part of the November preceding the end of the short session +of Congress, occurs the election of Representatives. Congressmen then +elected do not take their seats until thirteen months later, that is, at +the reassembling of Congress in December of the year following, unless +an extra session is called. The Senate frequently holds secret, or, as +they are called, executive sessions, for the consideration of treaties +and nominations of the President, in which the House of Representatives +has no voice. It is then said to sit with closed doors. + +An immense amount of business must necessarily be transacted by a +Congress that legislates for nearly sixty-three millions of people, +inhabiting a territory of over three and a half millions of square +miles. + +Lack of time, of course, prevents a consideration of each bill +separately by the whole legislature. To provide a means by which each +subject may receive investigation and consideration, a plan is used by +which the members of both branches of Congress are divided into +committees. Each committee busies itself with a certain class of +business, and bills when introduced are referred to this or that +committee for consideration, according to the subjects to which the +bills relate. Thus, for example, affairs relating to Washington are +handed over to what is known as the District Committee, a regular +appropriation bill to the Committee on Appropriations, etc. These +committees consider these bills carefully, frequently taking the +testimony of outside persons to discover the advisability of each bill. +The regular course through which a bill has to go before becoming an +act--_i.e._, to pass both houses and receive the signature of the +President--is as follows: On Mondays there is a roll-call of the States, +and members may then introduce in the House or Senate any bill they may +desire. These bills are then referred by the presiding officer to +appropriate committees. These committees, meeting in their own separate +rooms, debate, investigate, and, if necessary, as has been said, ask the +opinion of outside persons. After such consideration bills are reported +back to the House or Senate. But very few bills reach this stage, for +the committee does not get time to report any save the more important +ones, and thus the majority of them disappear, or, as the saying is, +"are killed in committee." If a bill receives the approval of the +committee it is favorably reported to the Senate or House, as the case +may be--_i.e._, the bill is returned, accompanied by a report advising +the passage of the accompanying bill. If the bill is not approved by the +committee, an unfavorable report is made; bills are seldom passed after +such an adverse report. These reports which accompany the bills, are +printed, often at great length, giving reasons for the proposed action +in regard to the bills. When reported by the committee back to the house +in which it was introduced, a bill is voted upon, and, if passed, is +sent to the other branch. If passed there, it is ready for the +President's signature; if vetoed, the bill is lost, unless passed over +the veto by a two-thirds vote of both houses. But frequently one house, +while not wishing to defeat a measure sent to it from the other house, +may desire to change it by some amendment. If this is done, the bill, as +amended, is sent back to the house from which it came, and if then +agreed to as amended by it, it is sent to the President for his +approval. Thus by repeated amendments it may pass to and fro between the +House and Senate several, times. In the House of Representatives, many +bills are passed through all their various stages by a single vote, by +what is known as a "suspension of the rules," which may be ordered by a +two-thirds vote. + +The Senate is now divided into between fifty and sixty committees, but +the number varies from session to session. The principal committees are +those on (1) Foreign Relations, (2) Privileges and Elections, (3) +Judiciary, (4) Commerce, (5) Finance, and (6) Appropriations. The Senate +selects the members for the different committees by ballot, though it is +pretty well determined beforehand how each committee shall be +constituted by means of party caucuses (informal meetings of members of +the same party to determine upon lines of action that will be supported +by all). A committee is always composed of an odd number of members, and +both political parties are always represented on every committee, though +the majority is, in almost all cases, from that party which has the +majority of the members of the Senate. + +The House of Representatives is organized into sixty committees, +ranging, in their number of members, from thirteen down. As regards +party representation, their constitution is similar to that of the +Senate Committees. The Committee of "Ways and Means," which regulates +customs duties and excise taxes, is by far the most important. + +Other important committees are those on (1) Elections, (2) +Appropriations, (3) Judiciary, (4) Foreign Affairs, (5) Manufactures, +(6) Commerce, (7) Labor. Every Representative is on one committee, and +most of them on several. Unlike the custom in the Senate, in the House +the presiding officer has the sole power of appointment, which makes +him, next to the President, the most important and powerful government +official. The chairman of each committee has, of course, a large power +over affairs with which his committee is concerned, and for this reason +it is often said that it is the chairmen of these committees who rule +the land. + +The precise amount of effective work done by Congress during the two +sessions of the Fiftieth Congress was as follows: There were 4,000 bills +introduced in the Senate and 145 Senate joint resolutions: of this +number 1,127 bills and joint resolutions passed the Senate, and 554 were +either postponed indefinitely or referred to the Court of Claims, so +that the total number on which final action was taken by the Senate was +1,681. The committee on enrolled bills examined 667 Senate bills and +joint resolutions and sent them to the President and 591 became laws, +the number of vetoes, including "pocket vetoes," being 76. + +The House of Representatives passed 1,561 House bills and sent them to +the Senate, and the Senate passed 1,347 of them, leaving 214 to perish. +The House passed 56 House joint resolutions and the Senate passed all of +them but eight. The House passed, therefore, 2,284 House and Senate +bills, and the Senate passed 2,522. + +The first session of the Fifty-first Congress (1889-90) was, with one +exception, the longest ever held.[1] During the session there were +introduced in the House 12,402 bills and joint resolutions, and in the +Senate 4,570, making a total of 16,972. The total number of acts passed +was 1,335 as against 1,790 for _both_ sessions of the Fiftieth Congress. +Of these 881 were pension bills. + +[Footnote 1: The longest session was the long session of the Fiftieth +Congress.] + +Congress ordinarily assembles at noon, and remains in session until 4 or +5 p.m., though towards the end of the term it frequently remains in +session until late in the night. The first thing upon assembling in the +morning is prayer. On Mondays, as stated, there is next a roll-call of +States for the introduction of bills. Sometimes a committee is +instructed to prepare and bring in a bill of its own, without waiting to +have one introduced and referred to it. Reports from committees are +heard during morning hours on Tuesdays, Wednesdays, and Fridays, and on +Mondays after the introduction of bills. Friday is a day usually set +apart for the consideration of private measures. On Saturdays Congress +seldom sits. + +There is still one feature of Congressional government which needs +explanation, and that is the caucus. A caucus is the meeting of the +members of one party in private, for the discussion of the attitude and +line of policy which members of that party are to take on questions +which are expected to arise in the legislative halls. + +Thus, in Senate caucus, is decided who shall be members of the various +committees. In these meetings is frequently discussed whether or not the +whole party shall vote for or against this or that important bill, and +thus its fate is decided before it has even come up for debate in +Congress. + + + +CHAPTER X. + +The Cabinet and Executive Departments. + + +We have seen that the functions of government are divided into three +distinct classes, the legislative, the judicial, and the executive. The +Constitution provides as to the methods for the exercise of the first +two, but none for the third. The only reference in the constitution to +executive departments is in Art. II, Sec. 2, where the President is +given the power to require the opinion in writing of the principal +officer in each executive department upon any subject relating to the +duties of his office. The departments have in each case been created by +an act of Congress and from time to time as convenience has demanded. + +The duties of the executive are to enforce and apply the laws of the +nation after they are made by the legislature and interpreted by the +courts. This is the real business of government, by which the laws are +put into effect, and the work of government is actually carried on. In +the United States Government this power is placed in the hands of a body +of men distinct from the legislative and judicial officers. At the head +is the President, and hence his title of "Chief Executive." It is +evident that he must divide up the vast amount of work to be done, and +delegate it to others. Congress directs how this shall be done. For this +purpose Congress has created nine executive departments (1)State, +(2)Treasury, (3)War, (4)Navy, (5)Interior, (6)Post Office, (7)Justice, +(8)Agriculture, (9)Labor. + +These departments have been created as required by the growth of +government duties. Three departments, the State, Treasury and War, were +created by the first Congress, in 1789. By the same Congress was created +the office of Attorney-General of the United States, who, together with +the Secretaries of the three departments, constituted President +Washington's first cabinet. The Navy Department was added in 1798. Prior +to that date, naval affairs had been managed by the War Department. A +Post Office for the colonies was established by the Postal Act of Queen +Anne's reign. The Post Office Department under the present government +was established in 1789, but the Postmaster-General did not become a +Cabinet officer until 1829. The Interior Department was created in 1849 +by grouping together in one department several branches of the +government service, which had formerly been distributed among the other +departments. As early as 1839 the Patent Office, under the Interior +Department, was intrusted with various duties concerning the +agricultural interests of the country, among the chief of which was the +distribution of seeds. In 1862 a separate Department of Agriculture was +established, and these duties transferred to it. In 1889 the head of the +Department became Secretary of the Department of Agriculture and a +Cabinet officer. A Bureau of Labor under the Interior Department was +created in 1884. In 1888 Congress constituted it a separate department, +but did not make its head a Secretary, and therefore not a Cabinet +officer. + +The heads of the first eight of these departments together form a +council of eight, called the "Cabinet," whose duty it is, in addition to +the management of the departments, to advise the President on matters of +importance. For this purpose regular meetings are held, at which the +affairs of government are discussed, and lines of action decided upon. +The cabinet is neither the creation of the constitution, nor strictly of +law. The existence of a cabinet, however, was always taken for granted +in the discussion and formation of the constitution. It is a creation of +custom and has no powers other than of advice and counsel to the +President. The growth of executive and administrative business is not +fully indicated by the increase in the number of departments. The growth +within each department has been much greater. Separate bureaus and +divisions have been created, which in some cases are, for all practical +purposes, as independent and important as the departments themselves. + +The organization of all the different departments is much the same. At +the head of each is an officer appointed by the President, the President +thus having control generally over the whole executive business of the +government. These officers are called Secretaries, except in the cases +of the Post Office Department, whose head is the Postmaster-General, and +of the Department of Justice, whose head is the Attorney-General. In a +number of the Departments there are also one, two, three or four +assistant secretaries, according as the business of the departments +requires. For convenience in the despatch of business, the departments +are divided into bureaus, the bureaus into divisions, and the divisions +into rooms, until, finally, the individual workers--the clerks--are +readied. Each bureau and division has at its head an officer called +Commissioner and Chief of Division, respectively. Each department and +bureau, and, in some cases, the division also, has a Chief Clerk who has +charge of the details of the administration, and immediate oversight +over the clerks.[1] All work in one finely organized system. The clerk +is responsible to his chief of division, the chief of division to his +commissioner, the commissioner to the Secretary and he, finally, to +Congress. Each man has his particular place in the system, and no one +works at random.[2] + +[Footnote 1: There are a number of officials and clerks who properly +belong to no division or bureau, as, for instance, the librarian's +private secretary and other clerical assistance in the Secretary's +office, who are under his immediate supervision.] + +[Footnote 2: This system is not always carried out perfectly in +practice. In some cases an officer is termed commissioner who is more +properly a chief of division, and _vice versa_. In other cases the title +of commissioner or chief of division is represented by a more technical +designation as Director of the U.S. Geological Survey, Comptroller of +the Currency, etc.] The President and heads of departments appoint all +officers in the executive departments. It is manifestly impossible for +them to base their appointments upon personal knowledge. Hence has +arisen the custom of filling almost all offices not controlled by the +Civil Service Commission upon the recommendation of congressmen, each of +whom controls for the most part the patronage of his own district. Only +the Secretaries, Assistant Secretaries, Commissioners, and other chief +officials are really appointees of the President on his own +responsibility. + +Prior to the first administration of Jackson the positions of government +clerks in the departments were permanent. In 1828 Jackson inaugurated +the so-called spoils system, which means that to the victor belongs the +spoils. Only 74 removals had been made from 1789 to 1828. Jackson +removed during the first year of his administration 2,000 clerks. Since +then, until 1883, each party, on gaining control of the government, has +removed almost all the clerks in office who were of the opposite +political faith, replacing them with members of its own party. In 1883 +was passed the Civil Service Act, by which it is provided that all +future appointments of subordinate clerks in the executive departments +are to be made only from those who have passed successfully an +examination set by the Civil Service Commission created by the act. + +_#The State Department.#_--The Department of State was the first +department established. (Act of July 27, 1789.) There are three +Assistant Secretaries. Their salaries are, Secretary $8,000, First +Assistant $4,000, and the other two $3,500. The department is divided +into seven bureaus, (1) Diplomatic, (2) Consular, (3) Archives and +Indexes, (4) Accounts, (5) Statistics, (6) Rolls and Library, and (7) +Claims. + +The Secretary of State is charged, under the direction of the President, +with the duties appertaining to correspondence with the public ministers +and consuls of the United States, and with the representatives of +foreign powers accredited to the United States; and to negotiations of +whatever character relating to the foreign affairs of the United +States. He is also the medium of correspondence between the President +and the chief executive of the several States of the United States; he +has the custody of the great seal of the United States, and countersigns +and affixes such seal to all executive proclamations, to various +commissions, and to warrants for pardon, and the extradition of +fugitives from justice. He is regarded as the first in rank among the +members of the Cabinet. He is also the custodian of the treaties made +with foreign states, and of the laws of the United States. He grants and +issues passports. Exequaturs to foreign consuls in the United States are +issued through his office. He publishes the laws and resolutions of +Congress, amendments to the Constitution, and proclamations declaring +the admission of new States into the Union. He is also charged with +certain annual reports to Congress relating to commercial information +received from diplomatic and consular officers of the United States. + +The patronage of the Secretary at Washington is small, about sixty +clerks, but that which concerns the diplomatic and consular service is +important. To facilitate communications and negotiations with foreign +nations, and to protect the interests of American citizens in foreign +countries, the United States, in common with all civilized nations, has +an elaborate system of representatives residing at the capitals of all +the principal nations. This system is called the diplomatic service, and +is under the charge of a separate bureau of the State Department. +Communications and negotiations with foreign powers are generally +carried on through them or through ministers of other nations stationed +at Washington. These agents are called ministers and are of three grades +(1) envoys extraordinary and ministers plenipotentiary, (2) ministers +resident, (3) _charges d'affaires_. These grades correspond to the lower +grades of similar services in European countries. We have no grade +corresponding to that of ambassador. The United States has ministers in +about thirty-three countries. The chief legations are those of Great +Britain, France, Germany and Russia. The salary attached to each of +these legations is $17,500. The social demands upon ministers are great, +and, as a rule, the expenses of ministers have been more than their +salaries. Ministers of foreign powers receive a much larger compensation +than do ours. + +To protect our commercial interests abroad, and our seamen and vessels +in foreign ports, the United States has agents resident in all foreign +sea-ports of any prominence. Their duties are numerous. They ship +seamen, certify invoices, take testimony, examine emigrants, etc. They +transmit to the State Department monthly reports concerning any matter +of commercial or social interest occurring at their stations. These +reports are published monthly by the department and have a wide +gratuitous circulation. This system is called the consular service; and +is also under the charge of a separate bureau. These agents, called +consuls, are of three ranks and titles; (1) consul-generals, (2) +consuls, (3) consular agents, of whom 180 are salaried, the rest being +paid by fees. The names of the other bureaus indicate the nature of the +duties performed by each. + +The Department of State has been prominently before the people during +the last two years in consequence of the Pan-American Congress,[1] +composed of representatives from all American nations. This congress met +in 1889, under the auspices of the State Department at Washington, to +consider subjects of common interest, such as international arbitration, +railroad and steamship communication, uniform money and commercial +regulations. Various standing committees and commissions were provided +for; and it is believed that through their efforts better commercial and +social relations with the South American Republics will be established. +The International Marine Conference, composed of representatives from +all marine powers, likewise met at Washington under the auspices of the +same department, and adopted a code of marine regulations for the +guidance of all nations. + +[Footnote 1: The Proceedings of the Pan American Congress were published +by the Department of State, and also in the _Tribune Monthly_ for +September, 1890. Articles upon the subject _lay_ Mr. Romero, the Mexican +Minister, appeared in the _North American Review_, September and +October, 1890.] + +In foreign relations the department has been chiefly +occupied of late in the attempted settlement of the right of the English +and Canadians to capture seals in Bering's Sea and Straits, and of the +rights of American and English fishermen[1] in the fishing grounds off +the coast of New Foundland; in the conclusion of a new extradition[2] +treaty with England, and of various treaties concerning trade with other +nations. + +[Footnote 1: See _Tribune Monthly_ entitled "Our Continent, or America +for the Americans."] + +[Footnote 2: An excellent monograph upon the subject of Extradition, by +Hon. J.B. Moore, has been published by the State Department.] + +_#The Treasury Department.#_--This department was created by act of +September 2, 1789. There are two assistant secretaries. The department +is divided into a large number of divisions, with the following chief +officers: (1) The Comptrollers, (2) the Auditors, (3) Treasurer, (4) +Register, (5) Commissioner of Customs, (6) Commissioner of Internal +Revenue, (7) Comptroller of the Currency, (8) Chief of the Bureau of +Statistics, (9) Superintendent of the Bureau of Engraving and Printing, +(10) Director of the Mint, (11) Superintendent of the Life Saving +Service, (12) Supervising-Surgeon-General of the Marine Hospital +Service, (13) Supervising-Inspector-General of Steam Vessels. Other +officers are, the Supervising Architect, Commissioner of Navigation, +Solicitor of the Treasury, and Chairman of the Light House Board. + +The mention of the various divisions indicates the importance and +variety of the duties coming under this department. The Secretary is +charged with the entire management of the national finances. He submits +annually to Congress estimates of the probable revenues and +disbursements of the Government, prepares plans for the improvement of +the revenue and for the support of the public credit, and superintends +the collection of the revenue. Two comptrollers pass upon all claims +against the government and accounts received from the auditors. Six +auditors examine and adjust accounts relating to the expenditures of the +various branches of the government. + +The Treasurer of the United States receives and keeps its moneys, +disburses them on the Secretary's warrants, and manages the Independent +Treasury System. The Independent or Sub-Treasury System was adopted by +Congress in 1846. By this means the Treasury Department is independent +of the banking system of the country; but has established sub-treasuries +in the principal cities of the Union for the receipt and disbursement of +public moneys. There are sub-treasuries in New York, San Francisco, +Saint Louis, Chicago, Boston, Philadelphia, Baltimore, New Orleans and +Cincinnati. For greater convenience moneys are also deposited at certain +designated banks. Secretary Windom, however, began rapidly removing such +deposits from the banks and announced his intention to cease the placing +of deposits with any bank. + +The Register of the Treasury is the official book-keeper of the United +States. The Commissioners of Customs and of Internal Revenue have charge +respectively of the collection of customs duties and internal revenue +taxes. The Comptroller of the Currency has control of the national +banks. The Chief of the Bureau of Statistics collects and publishes the +statistics of our foreign commerce. In the Bureau of Engraving and +Printing are designed, engraved and printed all government bonds, +national bank notes, drafts, United States notes, etc., for which work +about 1200 persons are employed. The director of the Mint has general +supervision over all mints and assay offices. In addition to his annual +report he publishes yearly a report on the statistics of the production +of precious metals. + +The titles of the other officers indicate the general duties of each. +The whole department employs about 3,400 persons at Washington. + +Some of the more important public questions coming within the province +of the Treasury Department at the present time are (1) the Tariff, which +has been settled for some years by the high tariff act of this Congress; +(2) the silver question involving the gravest questions of finance, +likewise settled for a time by the silver act of this Congress; (3) the +purchase of bonds on the market as a device to reduce the surplus and +prevent the accumulation of money in the Treasury; (4) the national +banking system, whose basis is being removed by the rapid payment of the +public debt; (5) the merits of the Independent Treasury System by which +it is claimed that money is kept out of circulation and a stringency +caused in the money market; and (6) the advisability of transferring the +revenue marine service to the Navy Department. + +_#The War Department.#_--The War Department was established August 7, +1789. There is one assistant secretary. The chiefs of the bureaus into +which the department is divided, are officers of the United States Army, +and a part of the military establishment. Their titles and duties are as +follows. The Adjutant General of the Army, who has under him a large +force of clerks, has the duty of issuing orders, conducting the +correspondence of the department, and keeping the record. The +Inspector-General inspects and reports upon the condition of the army at +all points, and the accounts of the disbursing officers. The +Quartermaster-General has charge of the clothing, quarters, and +supplies, except food supplies, which form the province of the +Commissary-General. The Surgeon-General has charge of the medical +department, of the Army Medical Museum, and a special library. The Chief +of Engineers has charge of the construction of fortifications, etc. The +Judge-Advocate-General reviews the proceedings of courts-martial, and +advises the Secretary on points of law. There are also a +Paymaster-General, a Chief of Ordnance, and a Chief Signal Officer. The +Chief Signal Officer has charge of the system of communicating with +distant points by means of various systems of signals, the most +noteworthy of which is that of the heliograph, by which information is +conveyed by the use of sun-reflecting mirrors. Communication has been +established between points 125 miles distant by means of a heliograph +with a reflecting surface of but twenty square inches. + +The War Department answers more nearly than any other to the Department +of Public Works found in other governments. All public improvements, the +construction of docks, bridges, and the improvement of rivers and +harbors, are under the supervision of army engineers. All arctic +explorations and the explorations of our western territory, have been +conducted by army officers under the direction of the Secretary of War. + +The publication of war records is being made by a special board in the +War Department. Thirty-five volumes have been published. It is estimated +that there will be one hundred and nineteen volumes when the work is +completed. The Secretary of War also has charge of the Military Academy +at West Point, of certain national parks, and homes for disabled +soldiers. + +The army is commanded by a lieutenant-general under whom are three +major-generals and six brigadier-generals. It consists of about 26,000 +men distributed in the three divisions of the Missouri, the Atlantic, +and the Pacific, of which the first contains four departments, the +second, one, and the third, three. Congress appropriates and expends +through the War Department $400,000 yearly on the National Guard for its +armament and equipment. The aggregate of this reserve army regularly +organized and uniformed is 106,500 men. The Secretary also details army +officers to furnish military instruction at various colleges. + +The principal questions to-day concerning the War Department are the +advisability of strengthening our coast defences, and the lessening of +the desertions in the army, which amount yearly to from ten to fifteen +per cent, of the total strength of the army. + +_#The Navy Department.#_--The Navy Department was established April 30, +1798. There is one assistant secretary. The routine work of the +department is distributed among eight bureaus: (1) of Yards and Docks, +(2) of Equipment and Recruiting, (3) of Navigation, (4) of Ordinance, +(5) of Construction and Repair, (6) of Steam Engineering, (7) of +Provisions and Clothing, (8) of Medicine and Surgery. The chiefs of the +bureaus are officers of the United States Navy. There is a hydrographic +office attached to the bureau of navigation, which prepares maps, charts +and nautical books relating to navigation, and makes investigations +concerning marine meteorology. This Department has charge of the Naval +Observatory for which a new set of buildings is now being built at +Washington. The Department publishes yearly, for the guidance of seamen, +the nautical almanac, the preparation of which is intrusted to a +separate bureau. The department also compiles and publishes naval +records of the recent war, and has charge of the Naval Academy at +Annapolis, Maryland. The Officers of the Navy upon the active list +include one admiral, one vice-admiral, six rear-admirals, and ten +commodores. The naval force includes 10,000 officers and men, together +with 2,000 marines. The number of vessels of the United States Navy when +all the ships now authorized are completed, excluding those which by the +process of decay and the operation of law will by that date have been +condemned, will comprise 11 armored and 31 unarmored vessels. The five +stations maintained are the Asiatic, European, North Atlantic, South +Atlantic, and Pacific. The chief matter of present public interest +concerning this department is the creation of a new navy by the +construction of modern steel vessels. This new policy was begun in 1882. + +_#The Interior Department.#_--The Interior Department was created in +1849, to take charge of various duties not properly belonging to any of +the existing departments. There are two assistant secretaries. The +chiefs of the bureaus into which this department is divided, and their +respective duties are as follows: _The Commissioner of the General Land +Office_ has charge of all the public land of the government, its care, +supervision, and sale or distribution. In another chapter we give +further details concerning the operations of this important bureau. + +_The Commissioner of Pensions_ has charge of the granting of pensions to +old soldiers and sailors. He has a large force at Washington. There are +eighteen pension agencies in different parts of the country. In 1808 the +United States assumed all the state pension obligations. The act of 1818 +gave pensions to all who had served nine months in the Revolutionary +War; other wars were afterwards included. The acts of the period +beginning 1862 have enormously increased the amount paid. The report of +the Commissioner for 1890 shows that at the close of the fiscal year of +1889 the number of pensioners was 537,944, and the annual expenditures +for pensions $105,528,180.38. + +The disability pension law passed June 27,1890, will greatly lengthen +the pension list and increase the annual expenditures. The present +Commissioner says in his last report that "it is believed that there are +probably over one hundred thousand claims in this office which can be +properly allowed under the provisions of these regulations. The act of +June 27, 1890, is the first disability pension law in the history of the +world which grants to soldiers and sailors pensions for disabilities +which are not proven to have been incurred in the service and in line of +duty." Speaker Reed of the House characterized it as "the most generous +piece of pension legislation ever passed by any nation on earth." + +_The Commissioner of Patents_ has charge of the granting of patents. Up +to 1793 the granting of letters-patent was given to a board consisting +of the Secretary of State, Secretary of War and the Attorney General, +the records and models being kept in the Department of State. In 1793 +the granting of patents was given exclusively to the Secretary of State. +In 1821 the clerk of the State Department who examined applications for +patents received the title of Superintendent of the Patent Office, and +on July 4, 1836, the Patent Office was created as a separate bureau and +a Commissioner of Patents created. + +About 24,000 patents are issued annually. There is an Assistant +Commissioner-in-chief, an Examiner of Interferences, three +Examiners-in-chief, thirty-eight Principal Examiners, and a large force +of assistant examiners for different branches. Patents run for seventeen +years. The annual receipts of the bureau from fees more than equal the +expenditures, and the office now has a surplus of several millions to +its credit in the Treasury. + +_The Commissioner of Indian Affairs_ has charge of all matters +concerning the Indians, their education, government and support. There +are 239 Indian schools supported by appropriations made by Congress, 147 +of which are controlled directly by the Indian Bureau. The average +attendance of pupils at these schools is between eleven and twelve +thousand. The number of Indians in our country (not counting those of +Alaska) is about 250,000. They occupy or have control of about +116,630,106 acres. + +_The Bureau of Education_ was originally established as an independent +Department by act of Congress, approved by the President March 2, 1867. +By an act of Congress which took effect July 1, 1869, this Department +was changed to an Office or Bureau in the Interior Department. The +duties of this Bureau are to collect and diffuse information regarding +schools, methods of instruction and school discipline, etc., and +otherwise to promote the cause of education. The results of the +investigations here carried on, though with a small clerical force, are +of the utmost value to all educators, and such is the extent to which +the merit of the work and publications of this office are recognized by +the leading educators of the country, that, in their opinion, the Bureau +should be re-established as a department, and its chief be made a member +of the President's cabinet. The publications of the Bureau consist of +(1) _Annual Reports_, which set forth statistics and general information +concerning the educational systems of the States, Territories, larger +cities, universities, and colleges; professional, special, and +scientific schools, academies, preparatory schools and kindergartens, +with a summary of the progress of education in foreign countries; (2) +_Special Reports_, on subjects pertinent to the times; (3) _Occasional +Bulletins_, on matters of current educational interest; (4) _Circulars +of Information_, on important questions of educational work or history, +which are issued in yearly series. Under this last title there is now in +course of publication a very valuable series of monographs upon the +History of Higher Education in the various States. These monographs are +being prepared by competent scholars under the editorial supervision of +Dr. H.B. Adams of the Johns Hopkins University. Numerous Annual Reports +have been issued, and one is now in press, for the year 1889-90. The +working force of the Bureau is divided into three divisions: (1) +Records; (2) Statistics; (3) Library and Museum. The library of this +Office contains one of the most valuable pedagogical collections in the +country. + +_The Commissioner of Railroads_ has charge of the government's interests +in certain railroads to which the United States has granted loans of +credit or subsidies in lands or bonds. By the acts of July 1, 1862, and +July 1, 1864, Congress, in order to encourage the building of a +trans-continental railroad, granted to several Pacific railroad +companies subsidies in land adjacent to the roads, and issued certain +amounts of bonds on which was guaranteed interest at the rate of six per +cent. The amount of lands given and bonds issued were in proportion to +the number of miles of road constructed. The lands were a gift. The +bonds were to be repaid by the companies with all interest which might +have been advanced by the government. From 1850 to 1872 the various +railroads received a total of 155,504,994 acres of lands, and +$147,110,069 proceeds of bonds and interest paid by the United States. +The roads have repaid of this amount $36,723,477, leaving at the present +time due from the roads to the United States the sum of $110,386,592. +This they will be unable to pay upon the maturity of the bonds, and a +bill has been before Congress for several sessions looking towards a +better adjustment of this debt. The Commissioner of Railroads was +originally styled the "Auditor of Railroad Accounts." The office was +created June 19, 1878. + +_Geological Survey_.--This branch of the Interior Department was +established in 1879. Its work is the investigation and determination of +the geological structure of the various sections of the country, the +composition of soils, the reclamation of waste lands, etc. In this +bureau are made topographical surveys and irrigation surveys of arid +regions of the United States. The publications connected with this work, +number ten Annual Reports, thirteen Monographs, fifty-eight Bulletins +and five Statistical Papers. In these there is a discussion of the +geological structure of every state and territory, and information +concerning the occurrence and production of each great metallic and +mineral staple of the country. The bureau comprises one geographical, +twelve geological, six paleontological and four accessory divisions. A +division of mines and mining publishes an annual report on the mineral +resources and production of the United States. + +_The Superintendent of the Census._--The Superintendent of the Census is +appointed each decade for the purpose of taking the regular decennial +census. The Eleventh Census has just been taken. The first was taken in +1790. Each census has shown a tendency to be more elaborate and to +embrace a greater number of subjects than any preceding. There were +employed in the taking of the Eleventh Census 42,000 enumerators, 2,000 +clerks, from 800 to 900 special agents, 175 supervisors and 25 experts. + +In addition to these eight bureaus, the department has charge of various +other branches of government. All of the territories come under the +Secretary's supervision, and look to him in case of any difficulty. The +Secretary also has charge of the Yellowstone National Park, the Hot +Springs Reservation in Arkansas, and of certain hospitals and +eleemosynary institutions in the District of Columbia. A Superintendent +of Public Documents looks after the receipt, distribution, and sale of +government publications. + +The most important subjects of recent legislation concerning this +department have been the dependent pension act, the act providing for +the survey of Western lands suitable for irrigation, and the land +forfeiture act. By this act over 8,000,000 acres of lands were forfeited +by the railroads for failure to fulfill the conditions under which the +land was originally granted to them. + +_#The Post Office Department.#_--The Post Office Department was +established in 1789, but the Postmaster-General did not become a cabinet +officer until 1829. The Postmaster-General has charge and management of +the department, and of the domestic and foreign mail service. He can +establish post offices and appoint postmasters of the fourth and fifth +classes, i.e. those whose salaries are less than $1,000. These number +over 50,000. The total number of postoffices is about 56,000. The +President appoints to those of the first three classes. Other officers +besides the Assistant Postmasters-General are, the Superintendents of +the Money Order Division, of Foreign Mails, and of the Railway Service, +and an Assistant Attorney-General for the department. + +The United States is a member of the Universal Postal Union, of which +most, if not all, of the civilized countries are members. The central +office is known as the International Bureau of the Universal Postal +Union, and is conducted under the superintendence of the Swiss Postal +Administration, and its expenses are borne by all the nations composing +the Union. The revenues of the Post Office Department nearly equal the +expenditures, and would have exceeded them before this but for the fact +that as soon as the amount of receipts has warranted, improvements have +been made in the service, through the reduction of postage rates and +the extension of the free delivery system. It has never been the policy +of the government to make this department a source of revenue. + +The patronage of the postoffice department is the most important of any +of the departments, and it is very largely for this reason that the +Postmaster-General is a member of the Cabinet. Crawford of South +Carolina secured in 1820 the passage of an act limiting the term of +office of postmasters to four years. The appointment of postmasters does +not come under the Civil Service Act. It is the principal aim of civil +service reformers, that postmasters should be appointed under its +provisions. The most important questions of public policy concerning +this department, are the reduction of postage rates on letters to one +cent; the advisability of the establishment of a postal telegraph +service; the extension of the free delivery system, and the relation of +the department to the civil service regulations. + +_#The Department of Justice.#_--The office of the Attorney-General of +the United States was established in 1789; the Department of Justice not +until 1870. The Attorney-General gives advice upon legal points to the +President and also, when requested to do so, to the heads of +departments. He directs the cases of the United States and sometimes +appears in them, especially in the Supreme Court. He supervises the +United States Marshals and District Attorneys. His substitute and +principal assistant is the Solicitor-General. There are two +Assistant-Attorneys-General, the business of the one being connected +with the Supreme Court, and of the other with the Court of Claims. There +are also, as mentioned before, certain legal officers attached to the +other departments. Additional counsel is frequently employed to assist +in the argument of important cases. To the Attorney-General belongs the +duty of recommending persons to the office of judges, etc., in the +United States Circuit and District Courts. + +_#The Department of Agriculture.#_--The Department of Agriculture was +organized as a separate department in the year 1862. In 1889 its head +became a cabinet officer. There is one Assistant Secretary. The duties +of the Secretary are to promote in every way the agricultural interests +of the country. For this purpose the department is separated into +thirteen bureaus, under the following officers (1) the Entomologist, (2) +Chief of the Bureau of Animal Industry, (3) Chemist, (4) Botanist, (5) +Chief of the Section of Vegetable Pathology, (6) Statistician, (7) +Ornithologist, (8) Director of the Office of Experiment Stations, (9) +Microscopist, (10) Pomologist, (11) Chief of the Forestry Division, (12) +Chief of the Seed Division, and (13) Weather Bureau. The enumeration of +these titles indicates the general nature of the work of the department. +Here are investigated the habits of injurious insects and birds and the +best means for their destruction; the causes of and remedies for +vegetable and fruit diseases. The Chief of the Bureau of Animal Industry +inspects herds of cattle and causes to be slaughtered those suffering +from a contagious disease. Under a law passed in 1890, he also inspects +all cattle and meat intended for export to foreign countries. He +investigates causes of and remedies for cattle diseases, the best method +of breeding, etc. The Statistician publishes monthly and annual reports +concerning statistics of the condition, prospects and harvests of the +principal crops, the wages of farm labor, etc. The Chemist analyzes +fertilizers, soils, etc. By the act of March 2, 1887, $15,000 per annum +was appropriated by Congress to each of the States and Territories which +have established an agricultural college or an agricultural college +department, for the establishment of experiment stations. The Department +of Agriculture has general oversight over these stations. + +The Department carries on experiments regarding the feasibility of +profitable silk reeling in this country, for which purpose there is a +separate division; it also makes experiments in the manufacture of sugar +from sorghum and from beets grown in this country. The best qualities of +seeds are tested and distributed gratuitously among the farmers. Efforts +are made to introduce and foster the cultivation of new kinds of +agricultural products, and in various ways to advance agricultural +interests. + +Congress, by an act passed during its last session, 1890, created a +weather bureau under the Agricultural Department and transferred to it +the business of weather prognostication which had been tinder the Chief +Signal officer in the War Department. The service remains unchanged. It +has stations at the military stations in the interior of the continent, +at life-saving stations, and at other points in the States and +Territories. Meteorological observations are taken at each station, and +the information forwarded to the central office at Washington, where +weather predictions for the succeeding day or days are made. The +predictions are given gratuitously to the public through a system of +flag signals, by the distribution of weather maps, and by publication in +the daily papers. The percentage of successful forecasts of the weather +during 1890 was 84.4. + +The Department publishes the result of the scientific investigations +carried on by its officers in "Annual Reports" of the Secretary and +Chiefs of Divisions; in a series of "Circulars" on special subjects, in +regular "Bulletins;" and in a series of studies on "Insect Life." These +documents are distributed gratuitously. + +_#The Department of Labor.#_--The Department of Labor was created in +1884, as a bureau under the Interior Department. In 1888, it became a +separate department. It is a purely statistical bureau. It collects and +publishes statistics on the cost of production, on wages, labor +statistics, etc. Its six published reports are on (1) Industrial +Depressions, (2) Convict Labor, (3) Strikes and Lockouts, (4) Working +Women in Large Cities, (5) Marriage and Divorce, and (6) Railroad +Employes. + +Had all the executive departments been created at one time by a +constitutional convention, we should be justified in expecting a greater +symmetry and uniformity in the naming and grouping of chief officials. +An inspection of the various executive officers shows that not a few are +under departments other than would be expected; and the naming of +officials is often misleading as to their importance. Within recent +years there has appeared a strong tendency to depart yet more from a +systematic grouping of executive duties under departments. Executive +functions have been given to bodies entirely independent of the +departments. To complete our survey of the federal executive we must +consider the following: (1) the Interstate Commerce Commission, (2) the +Fish Commission, (3) the Civil Service Commission, (4) the Government +Printing Office, (5) the National Museum, Smithsonian Institution, the +Bureau of Ethnology, (6) the Congressional Library. + +_#The Interstate Commerce Commission.#_--With the growth of our railroad +system have come various abuses. Roads have discriminated in favor of +one shipper over others, and of one locality over others. Combinations +have been formed to keep up railroad passenger and freight charges. +Their influence has been used in political offices through the issuing +of free passenger tickets, etc. Various other minor abuses have centered +around these corporations. The States have been powerless to provide a +remedy for the roads have been mostly engaged in interstate commerce +with which the States are forbidden by the constitution to interfere. To +provide a remedy for the principal of these abuses Congress passed the +act of February 4, 1887, regulating the practice of railroads and +creating the Interstate Commerce Commission to enforce the provisions. +The Commission is composed of five commissioners appointed by the +President. The Commission sits as a court and adjudicates complaints +arising between railroads or between citizens and railroads, involving +principles covered by the act. It has rapidly attained its present +position as one of the most important courts in the United States. A +statistician, attached to the Commission, publishes annual statistics of +railroads, covering the extent, the amount, and value of their stock and +bonds, expenses of management, receipts, &c. The act, of course, +applies only to those railroads lying in more than one State. + +_#The Fish Commission.#_--The Fish Commission was created by act of +Congress in 1870. Its chief is the Commissioner of Fish and Fisheries. +There is also an Assistant Commissioner. This Commission stands in the +same relation to the fishery interests of the country as does the +Department of Agriculture to agricultural interests. Both are scientific +and practical departments. The former investigates the food, habits and +enemies of fishes; experiments concerning the best methods of their +capture, the best kind of baits, apparatus, etc. It collects statistics +of fish and fisheries of the whole country. Probably its most important +service is the propagation and distribution of food fishes. Under its +direction are hatched and liberated millions of the young of the best +food fishes in the various inland waters of the United States. Rivers +suitable for black bass, shad, carp, or other food fishes, but not +having them in their waters, are supplied. For these purposes the +Commission owns and manages various fish hatcheries, fish distributing +vessels and cars, propagating ponds, etc. + +The yearly appropriation for carrying on this work amounts to nearly a +quarter of a million of dollars. + +_#The Civil Service Commission.#_--To correct the wasteful and +demoralizing spoils system, in vogue ever since the first administration +of Jackson, Congress passed, January 16, 1883, "an act to regulate and +improve the Civil Service of the United States." Under the provisions of +this act, the President appoints three commissioners, only two of whom +may be of the same political party, to administer the act. It is one of +the duties of this Commission to provide examinations for testing the +fitness of applicants for public service. Appointments in those branches +of the government coming under this act can only be made from persons +who have passed the civil service examination successfully. Adherence to +one or the other political parties has little weight in the selection +of employes. Under the regulation of this act are: the nine executive +departments at Washington, the Civil Service Commission itself, the +customs districts, eleven in number, in each of which there are fifty or +more employes, all postoffices in which there are fifty or more +employes, and the Railway Mail Service; including altogether about +28,500 clerks. + +_#The Government Printing Office.#_--In order that there may be +intelligent legislation and administration, an extensive system of +reports is required. The publications of the federal government are of +course very numerous. Each department, bureau, and division makes an +annual report. The proceedings of Congress are reported verbatim and +published. This printing and binding are done by the government through +the government printing office, established for that purpose. The Bureau +of Printing and Engraving, which is under the Treasury Department, does +no part of this. Its duties are limited to those of engraving and +printing banknotes, etc. The chief of the Government Printing Office is +styled the Government Printer, and is appointed by the President. + +_#The National Museum, Smithsonian Institution and Bureau of +Ethnology.#_--In 1829 James Smithson, bequeathed by his will the whole +of his property, something over half a million dollars, "to the United +States of America to found at Washington, under the name of the +Smithsonian Institution, an establishment for the increase and diffusion +of knowledge among men." This fund held by the United States now amounts +to $702,000 yielding six per cent, per annum. In 1846 Congress +determined to devote this gift of Smithson to the founding and support +of a museum. The National Museum was established in 1846, and is +supported by annual appropriations by Congress. + +In 1879 Congress created a special bureau under the Secretary of the +Smithsonian Institution, to be called the Bureau of Ethnology, to make +researches in North American anthropology. This work is supported by +annual appropriations. The National Museum, Smithsonian Institution and +Bureau of Ethnology, though distinct institutions[1] are under +substantially the same management. Their reports are of great scientific +value. + +_#The Librarian of Congress.#_--The Librarian of Congress is an +independent officer and reports directly to Congress. He has complete +control of the Congressional Library, now situated in the Capitol +building. The books now collected in this library have been purchased +from time to time by Congress. There is a law requiring that two copies +of every book, pamphlet, newspaper, photograph, etc., copyrighted in the +United States, shall be sent to the Congressional Library. It thus +receives large and valuable additions yearly. The Library now numbers +over half a million volumes. A new building for the library is in +process of construction, and it will have cost when completed between +seven and eight million dollars. + +[Footnote 1: A valuable and suggestive paper on The Origin of the +National Scientific and Educational Institutions of the United States, +by Dr. G. Brown Goode, Assistant Secretary of the Smithsonian +Institution, was published by the American Historical Association. Vol. +IV, Part 2. G.P. Putnam's Sons, New York, 1890.] + + + +CHAPTER XI. + +The Federal Judiciary. + + +In forming the Constitution the framers of our government were +controlled by the principle that the powers which belong to all +governments can be most safely and satisfactorily exercised by dividing +them according to their nature among three separate branches, the +executive, the legislative, and the judicial. Under the Articles of +Confederation this maxim of government had been disregarded. The old +Continental Congress had been given under that plan, not only +legislative powers, but also those executive and judicial powers which +the States had yielded to the central government. + +The lack of a Federal judiciary was, as Justice Story says, "one of the +vital defects of the old confederation." Hamilton, the expounder of the +Constitution, said: "Laws are a dead letter without courts to enforce +and apply them." + +The reasons why a national system of courts was necessary were in order +that there might be some power:-- + +1. To give to laws an interpretation that would be uniform throughout +the land. If there were thirteen independent courts, each giving Federal +decisions on the same causes arising under the same national laws, what +but confusion and contradiction could arise? + +2. To settle disputes between the States and citizens of different +States. + +3. To construe and interpret the Constitution itself, and decide all +disputes arising under it act of either Congress or of a State +legislature contrary to the Constitution can therefore be valid. Hence, +the necessity of some power which should have authority to determine the +constitutionality of an act when brought into question, and-- + +5. There should be the power of determining the constitutionality of any +act of a State legislature, and thus enforce upon State legislatures the +restrictions laid upon them, such as, for example, the inability to lay +impost duties, to pass laws violating the obligation of contracts, etc., +or to regulate objects given exclusively to Congress. The manifest +necessity of such a power may be best stated by using Hamilton's own +words (Federalist, 30): + +"What would avail restrictions on the authority of the State +legislatures without some constitutional mode of enforcing the +observance of them? The States, by the plan of the Constitution, are +prohibited from doing a variety of things, some of which are +incompatible with the interests of the Union; others with the principles +of good government. The imposition of duties on imported articles, and +the emission of paper money are specimens of this kind. No man of sense +will believe that such prohibition would be scrupulously regarded, +without some effectual power in the government to restrain or correct +infractions of them. This power must be either a direct negative on the +State laws, or an authority in the Federal courts to annul such as might +be in manifest contravention of the articles of Union." * * * "These +courts are to be the bulwarks of a limited constitution against +legislative encroachments." + +These reasons were so strong that there was little or no objection in +the constitutional convention to the creation of a national judiciary, +but difficulty arose in determining its precise nature and powers. As we +have learned, the difficulty to be overcome in drafting our new scheme +of government was to satisfy State jealousies and interests, and +preserve State rights of government, and yet to obtain a strong central +government; and to harmonize State rights with Federal strength. + +In forming the national judiciary, the objects to be obtained, difficult +of achievement, were, to use the words of Judge Curtis (Federal Courts +of United States): "To construct a judicial power within the Federal +Government, and to clothe it with attributes which would enable it to +secure the supremacy of the general constitution and all of its +provisions; to give to it exact authority that would maintain the +dividing line between the powers of the Nation and the States, and to +give to it no more: and to add to these a faculty of dispensing justice +to foreigners, to citizens of different States and among the sovereign +States themselves, with a more even hand and with a more assured +certainty of the great ends of justice than any State power could +furnish--these were objects not readily or easily to be obtained, and +yet they were obtained with wonderful success." + +The establishment of the federal judiciary is given in a few words in +the Constitution: "The judicial powers 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." + +In pursuance of this clause, Congress passed in 1789, what is known as +the "Judiciary Act," the first section of which reads: "The Supreme +Court of the United States shall consist of one chief justice and five +associate justices." This act also established the inferior federal +courts, the circuit and district courts, and also defined and fixed +their fields of jurisdiction, i.e., the class of cases which these +courts could have power to try. + +The Supreme Court stands at the head of our national judiciary. Its +field of jurisdiction is the construction and exposition of the +Constitution of the United States. Hon. S.F. Miller, senior justice of +this court, speaking of the high character of the duties performed by +this court, said: "This court, whether we take the character of the +suitors that are brought before it, or the importance of the subjects +of litigation over which it has final jurisdiction, may be considered +the highest the world has ever seen. It has power to bring States before +it, States which some of our politicians have been in the habit of +considering sovereign, not only when they come voluntarily, but by +Federal process they are subjected, in certain cases, to the judgment of +the court. Whatever these States may have been at the time of the +formation of the Constitution, they now number their inhabitants by the +millions, and in wealth and civilization are equal to many of the +independent sovereignties of Europe." + +There have been considerable changes in the structure and duties of the +Supreme Court since its formation. At present there are nine justices, +instead of six. There is now one annual term of the court held, +beginning on the 2d Monday of October and continuing until about May 1. +Of the nine justices six constitute a quorum. + +The Supreme Court first met in February, 1790. Since its organization it +has had eight chief justices, in the following order. + + John Jay, 1789-1795. + Oliver Ellsworth, 1795-1801. + John Marshall, 1801-1835. + R.B. Taney, 1836-1864. + S.P. Chase, 1864-1873. + M.R. Waite, 1873-1888. + M. Fuller, 1888. + +In 1795 John Rutledge was appointed to succeed Jay, received his +commission, and held one term of the court, but was not confirmed by the +Senate. + +During the early years of the existence of the Supreme Court few cases +arose requiring its jurisdiction. During the first term there was no +business to be transacted. In 1801 there were only ten cases on the +docket, and for some years the average annual number of cases was +twenty-four; but in later years the number rapidly increased. From 1850 +the average number of cases decided was seventy-one, while from 1875 to +1880 the average was three hundred and ninety-one per annum, and now +there are more than a thousand cases awaiting a hearing, and the court +is so far behindhand in its work that it takes from three to four years +for a case to come up for trial after having been entered upon the +docket. At present there are about four hundred cases granted a hearing +yearly. + +Almost immediately after the adoption of the Constitution began +struggles and disputes between the States and the Federal Government. In +this contest the Supreme Court steadily upheld the central power, and +did much by its decisions to enforce and establish the power of the +Constitution. Especially was the court powerful during the years 1801 to +1835, when Marshall was chief justice, to whose wisdom and prudence it +is difficult to ascribe too much influence in fixing the present +stability of our government. + +The Supreme Court has been an invariable supporter of the Federal +Constitution. During the early years of our government it was our +firmest barrier against the efforts of the States to lessen the federal +power. It has always maintained the balance of power between the States +and the Union. + +The annual term of the Supreme Court begins the second Monday of October +and lasts until about May. Daily sessions, with the exceptions of +Saturdays and Sundays, are held, beginning at 12 o'clock, in the Capitol +building at Washington. The present justices are Fuller, chief justice, +and Lamar, Bradley, Field, Harlan, Gray, Blatchford and Brewer, +associate justices. Every Saturday morning the justices meet in +consultation and decide cases argued during the week. The decisions are +announced on Monday mornings. The justices are appointed by the +President, hold office for life, and are removable only by impeachment. + +The following are a few cases decided by the Supreme Court with which it +is important that we should be acquainted owing to the influence which +their decision has had upon our history: + +1. In 1793 the case of _Chisolm_ vs. _Georgia_ came before this court. +Chisolm, a citizen of North Carolina, sued the State of Georgia for a +sum of money, and under the second section of Article III of the +Constitution, which says that the judicial power of the United States +shall extend to disputes between a State and citizens of another State, +the court gave judgment in his favor. This decision that a State +government could be sued against its will created so much +dissatisfaction that the Eleventh Amendment was adopted, which says, +"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." The effect of this amendment has been to +enable a State to repudiate its just debts. + +2. In 1819 was decided the very important case of _McCulloch_ vs. +_Maryland_. The United States had established a national bank, which was +objectionable to many of the States. Maryland attempted to destroy the +bank by levying a very high tax upon a branch bank within the State. The +question as to her right to do this was brought before the Supreme +Court. To have allowed Maryland this right would have been to give to a +State Government the power to oppose and render useless an institution +created by the Federal Government. The court sustained the Federal +power, and it was declared unconstitutional for any State to pass laws +opposing the operation of any Federal statute. + +3. In the case of _Dartmouth College_ vs. _New Hampshire_ was declared +the unconstitutionally of a state law which impaired the obligation of +contracts. + +4. A very important case decided by Chief Justice Taney was that of +_Dred Scott_ vs. _Sandford_ in 1857. Dred Scott, a negro slave in +Missouri, had been carried into the Territory of Minnesota, where, by +the Missouri Compromise of 1820, slavery did not exist. Upon being +carried back into Missouri by his master, Scott claimed his freedom upon +the ground that he had been voluntarily carried into a Territory where +slavery was not allowed. The Supreme Court in its decision declared that +Congress had never had the power to pass any law which would forbid +slave-owners settling in Territories and still retaining control of +their slaves. The whole country was at this time in great excitement in +regard to the question whether or not, in the organization of the +Territories of Kansas and Nebraska into States, slavery should be +prohibited, and this decision, whereby the Missouri Compromise Act was +practically annulled, and which pointed directly forward to an +establishment of slavery in the new Territories, raised public +excitement to a fever heat. It was in this decision that the statement +was made that at the time of the formation of the Constitution the +general opinion had been that the colored man had no rights which the +white man was bound to respect. As a direct result of this case a more +determined stand was taken at the North against slavery; the +Anti-Slavery Republican party was strengthened, and their candidate for +President, Abraham Lincoln, elected in 1861, and the catastrophe of +civil war precipitated. + +5. The Legal-Tender decisions, given in several cases soon after the +civil war, are important. During the progress of the war the Government, +in order to raise funds to meet its extraordinary expenses, had been +forced to issue slips of paper which represented no deposits of coin in +the Treasury, but only promises to pay certain sums by the Government. +These were declared legal tender, that is, made by law as good as gold +and silver, and the people were forced to receive them in payment of +debts and for commodities. It was questioned whether the Government had +by the Constitution power to do this. The legal-tender decisions +declared that it had. Judicial System and Jurisdiction of the United +States Courts. + +_#District Courts.#_--The United States is divided into judicial +districts. Many single States form a judicial district, while others are +divided into two and others into three districts. The number of +districts has varied. At present there are about sixty. To each of these +districts is given a court and a district judge. These form the lowest +grade of Federal courts. + +_#Circuit Courts.#_--These judicial districts are grouped into nine +circuits. For example, the Fourth circuit includes the districts of +Maryland, Virginia, West Virginia, North Carolina, and South Carolina. +For each circuit is appointed one circuit judge. One of the justices of +the Supreme Court is also allotted to each of the circuits, who, after +the expiration of the Supreme Court term, visits his circuit, and tries +the more important cases which may arise in that circuit. The Circuit +Court may be held by the circuit judge, the Supreme Court justice, or +the district judge of that district in which the court is sitting, or by +any two of them, or all of them, sitting together. The Circuit Courts +form the next series of the Federal courts higher than the District +Courts. + +_#Jurisdiction.#_--The relation between the Supreme, Circuit and +District courts is easy to explain. Their jurisdiction is upon federal +questions; that is, over those cases mentioned in the Constitution over +which judicial power has been granted to the United States, viz., +questions arising under the Constitution, federal laws, or treaties, +between citizens of different States, between citizens and foreigners, +between States themselves, etc., and all crimes punishable under the +United States laws. + +The Circuit Court is higher than the District Court, and to it cases +involving $500 and over may be appealed from the District courts. The +Supreme Court is the court of last resort, and to it all appeals from +the Circuit Courts come, with the limitation that $5,000 be involved. +The cases decided by the Supreme Court are then of two classes: (1) +those over which it has original jurisdiction, (see Constitution); i.e., +those cases which originate or begin in that court; and (2) those cases +over which it has appellate jurisdiction, i.e., those cases which come +thither by appeal from the lower Circuit Courts, and which form the +larger part of its work, and also by appeal from the highest State +courts in cases involving certain Federal questions. The District of +Columbia being directly governed by the United States, its courts are +Federal courts, and hence, cases may be appealed from such courts to the +Supreme Court; likewise for the same reason appeals may be had to the +Supreme Court from the territorial courts. + +We must remember that these courts deal only with Federal questions +arising under United States laws, and, that besides these courts, all of +the States have their own judicial systems of courts to interpret state +laws and to try the great majority of cases. These courts are entirely +separate from the United States courts, and with different judges, +though cases may begin in them and be transferred to the United States +Courts, if the interpretation of a Federal law is brought into question. + +There are four grades of law in the United States. First and highest is +the United States Constitution; second, United States laws, or statutes +as they are called, passed by Congress; third, State constitutions; and +fourth, State laws, passed by the State legislatures. In case of +conflict of laws the lower must yield to the higher. + +For the purpose of settling claims of private persons against the United +States, there has been established at Washington a Court of Claims, held +by five judges. From it appeals lie, in some cases, to the Supreme +Court, and, in others, they are referred to Congress for action. + + + +CHAPTER XII. + +The Ordinance for the Government of the Northwest Territory. + + +When the colonies joined in union under the Articles of Confederation, +in 1781, they ceded to the General government their claims to unoccupied +western territory. The largest land grant was that by the State of +Virginia, which occupied that part of the United States lying north of +the Ohio River and east of the Mississippi River. + +The problem of management of public lands was thus early presented to +our Federal Government for solution. The manner in which Congress dealt +with this question has proven eminently wise and successful, and has +been largely influential in making the United States the nation that it +is to-day. The feature that has characterized the plan followed from the +beginning, and which still obtains, is the formation of States from such +territory as soon as there is sufficient population. Such States have +similar forms and powers of government as the original States, are on an +equal footing with them, and are bound by the Constitution of the United +States. Congress has absolute control of the Territories. (For +Territorial government see Article on Territories.) + +The ordinance which the Continental Congress adopted in 1787 for the +government of the Northwest Territory is of great importance: it +provides for the establishment of our territorial system; it contains +many of those features of management which have been used from that date +until now; and it is also of interest because of the influence it has +had upon the history of slavery in our country. + +This ordinance provided that the whole of this territory should form one +district. At first Congress appointed the governor, secretary, judges, +and military generals. The governor was to make the laws, subject to the +approval of Congress. When the population reached five thousand the +inhabitants were to have a legislature of their own, and to have a +delegate who should sit in Congress, but have no vote. There was a bill +of rights. Public education was encouraged. Not less than three nor more +than five States were to be formed from it. Ohio, Indiana, Illinois, +Michigan, and Wisconsin have been the five States formed from this +territory. The transformation of the territory into States was promised +as soon as the population should reach sixty thousand. + +Slavery was forever prohibited in all this territory. We shall see the +tremendous importance of this clause, which guaranteed to this large +tract freedom from the curse of slavery, when we come to consider the +struggles which were made for many years to keep slavery from the +territories. + + + +CHAPTER XIII. + +Government of the Territories. + + +There are at present four areas, situated outside of the States, and +organized under territorial governments. These are Utah, Arizona, New +Mexico and Oklahoma. Besides these there are the two unorganized +territories, Indian Territory, and Alaska, and the District of Columbia, +which last tract contains sixty-four square miles. + +_#Government of Territories.#_--The fundamental law of a Territory is +the Federal Constitution, just as in a State. Unlike the State, however, +it has no constitution of its own, but is regulated entirely by +Congress. In Section 3, Article IV, of the Constitution, it is declared +that "Congress shall have power to dispose of and make all needful +regulations respecting the territory or other property belonging to the +United States." In pursuance of this clause Congress has in the four +organized Territories instituted governments as follows: The executive +of the Territory is a Governor appointed by the President for a four +years' term. There is also a secretary and treasurer. The legislature +consists of two houses, a council of 12, and a House of Representatives +of 24. These are elected by the people of the Territories, and have a +term of two years. The Legislature meets every other year. All its acts +require approval by Congress before becoming law. + +The judiciary consists of three or more judges appointed by the +President, together with a district attorney and United States marshal. + +Territories send neither Senators nor Representatives to Congress, but +have one delegate apiece in the United States House of Representatives, +who may speak, but not vote. + +_#Admission of a Territory as a State.#_--A Territory is an embryo +State. As soon as a Territory becomes sufficiently populated it applies +for admission into the Union as a State, and such admission is +accomplished in the following manner. When an application by a Territory +for Statehood is made, it is considered by Congress, and, if approved, +the inhabitants of the Territory are authorized to form for themselves +out of such Territory a State government, and thus prepare themselves +for admission into the Union. + +A State government is formed as follows: The Governor of the Territory +issues a proclamation declaring that on a certain date there shall be an +election of delegates to a convention; such convention is to be held on +a certain date. These delegates are elected by a popular vote. The +members of the convention thus formed declare that they, on behalf of +the people of the Territory, adopt the Constitution of the United +States, and then proceed to draft a State constitution and government. +It is provided that this constitution shall be Republican in form, and +make no distinction in civil and political rights on account of race or +color, except for Indians not taxed: that it shall not be repugnant to +the Constitution of the United States and the principles of the +Declaration of Independence. Perfect religious toleration must be +guaranteed, all right or title to the unappropriated public lands lying +within the Territory must be disclaimed and given over to the United +States. Provision must be made by the constitution for the establishment +and maintenance of the system of public schools. + +After adoption by the convention the constitution is offered to the +people for ratification. If it is ratified, the Governor certifies the +fact to the President of the United States. Provided the constitution is +found to comply with all the conditions just mentioned, the President +issues his proclamation declaring the ratification of the constitution, +and upon the same day that the proclamation is issued the territory is +deemed admitted by Congress into the Union as a State, on an equal +footing with the original States, and entitled to representation in both +houses of the Federal Congress. The representatives and the Governor and +other State officers are elected on the same day as that upon which the +constitution is ratified by the people. + + + +CHAPTER XIV. + +State Governments. + + +The United States is a nation of forty-four federated States. Each State +has its own separate government, which is sovereign, except as to a few +powers which have been granted to the United States government for +general purposes. Citizens of States are also citizens of the United +States, and thus owe a double allegiance, namely, to the State in which +they reside and to the United States. + +These States vary in size from that of Texas, the largest, with an area +of 265,780 square miles, to that of Rhode Island, the smallest, with +1,250; and in population from that of New York, with nearly six +millions, to that of Nevada, with about forty-five thousand. The largest +State is greater than either France or the German Empire. + +State governments are older than the Federal government, for it was by a +grant by the States of certain of their powers that the United States +government was created. Each State is represented in Congress by two +members in the Senate. Members of the lower branch of the Federal +legislature are apportioned among the States according to population. As +in the case of the United States, the powers of government are divided +among three departments--the executive, legislative, and judicial. + +In the United States Constitution it is expressly declared that "the +powers not granted to the United States by the Constitution, nor +prohibited by it to the States, are reserved to the States respectively, +or to the people." It would require considerable space to enumerate the +duties of State governments. With the exception of the few acts which +the constitution forbids them to perform, most of which they would not +care to perform if allowed, and the few general powers coming within the +province of the Federal Government, the States can do whatever their +legislatures sanction. They can go to the extremes of State socialism. +All States have a complete judicial system. They regulate all legal +relations of their citizens, the laws of husband and wife, principal and +agent, and of contract. They provide for the detection and punishment of +crime. They control and mainly support the militia of the county. +Railroad, banking, insurance, and other corporations, are chartered and +controlled by them. The construction and maintenance of roads, the care +of the public health, the inspection of factories, the determination of +the right of suffrage, and the control of its own elections are among +the exclusive powers of State governments. Our extensive system of +public schools are under the dual management of the State and local +governments, and under the superintendence of State officers. The State +takes care of the defective classes, of the insane, paupers, etc.; and, +in general, performs all those ordinary duties concerning internal +affairs which are exercised by central governments. + + Each State government has-- + + 1. A Constitution. + + 2. A Legislature of two Houses. + + 3. An executive, composed of a Governor, Lieutenant-Governor (in + almost all cases), Secretary of State, Auditor, and a few other + officers. + + 4. A system of local government in counties, towns, cities, etc. + + 5. A body of State laws. + + 6. A judicial system of courts, from which no appeal can be had to + United States courts, except upon Federal questions. + + 7. A system of local taxation. + + Each State government has all the rights usually pertaining to a + sovereign State, except--Those powers which the Federal + Constitution expressly forbids to the States. + + 3. Those powers which have in the Constitution been exclusively + given to the United States. + +All States have public debts, which they may, and sometimes do, +repudiate. They can be sued only by other States. The Eleventh Amendment +declared that a citizen could not maintain a suit against a State. State +laws are binding only within the boundaries of the State enacting them. + +_#State Constitutions.#_--As the Federal Constitution is the supreme law +of the United States, so the State constitution is the highest law of +the States. The Constitutions of the original thirteen States were +naturally formed after the model of the charters enjoyed by the New +England colonies. In the colonies of Rhode Island, Connecticut, and +Massachusetts their charters were adopted as constitutions without any +change, except, of course, the annulment of obedience to the English +king. All subsequent constitutions have been closely modeled after these +first thirteen. The Federal Constitution provides that all State +constitutions must be Republican in form. (For other conditions of +admission of territories as States, see subject "Territories.") The +modes of amendment of constitutions differ in different States, but in +all, amendment is much easier of accomplishment than in the case of the +Federal Constitution. This is shown by the fact that since 1776 there +have been adopted by the States one hundred and five complete +constitutions, and two hundred and fourteen partial amendments; while, +since the passage of the first ten Federal amendments in 1789, there +have been but five additional amendments. Some States provide that the +constitution shall be submitted to the people for amendment at the end +of certain intervals of time. In the larger number of cases a majority +of the popular vote is required for ratification of a constitutional +amendment. State constitutions show a tendency to become longer, and to +regulate a constantly increasing number of subjects. + + A normal State constitution has the following provisions: + + 1. A definition of the State boundaries. + + 2. A bill of rights (guaranteeing private rights, such as freedom of + the press and speech, trial by jury in criminal cases, right to + assemble and petition, etc.). + + 3. A frame of government, an enumeration of officers and powers of + legislature, executive, courts of justice, etc. + + 4. Miscellaneous provisions, relating to administration of schools, + militia, taxation, debts, local government, corporations, + amendments, etc. + +_#State Legislatures.#_--The legislature in all States consists of two +Houses, of which the upper and smaller branch is called the Senate, and +the lower and more numerous branch usually the House of Representatives, +though in six States it is termed the Assembly, and in three the House +of Delegates. The members of both houses are elected by popular vote, +but Senators usually for a longer time, and frequently higher +qualifications for them are required. States are divided into districts +for election purposes, and, though members of the legislature may offer +themselves for election from any district, it has become the invariable +custom for them to be elected only from the districts in which they +reside. Universal manhood suffrage, that is, the right of all male +citizens over 21 years of age to vote, is the rule, though in eight +States paupers have no vote, and in a few, a certain amount of education +is required (generally enough to read the State constitution). The +number of members in the State legislatures varies greatly. In the +Senate, Delaware has the smallest number (9), and Illinois the largest +(51). In the lower House, Delaware has likewise the smallest number +(21), while New Hampshire has the greatest (321). + +The Lieutenant-Governor of the State is _ex officio_ President of the +Senate. In all States, except six, sessions of the legislature are held +only once every other year, and even then the length of the session is +limited to a fixed number of days. As in Congress, business is conducted +by means of committees, but are in both Houses elected by ballot. The +State legislatures have full charge and control of all local +governments within their individual States. The Senate has the power of +trying impeachments of State officials. It also ratifies appointments of +the Governor. In all States, except four, acts of the legislature +require the signature of the Governor before they become laws. To pass a +bill over a veto requires in twenty-three States a two-thirds vote in +both Houses; in two, a three-fifths vote, and in nine, a majority vote +of the total number of members. A State legislature can enact no law +which will be effective beyond its own boundaries. + +_#State Executive.#_--The chief executive of the State is the Governor. +Other chief officials are the Lieutenant-Governor, Treasurer, Attorney +General, Secretary of State, Auditor, and Superintendent of Public +Instruction. The term of office of the Governor varies in different +States from one to four years. He has but small powers of appointment, +most of the State officials being elected by the people. In all but four +States he has a veto on legislation. He has the power of pardoning. The +Lieutenant-Governor is President of the Senate. + +_#State Judiciary.#_--The State judiciary includes three sets of courts: + + 1. A Supreme Court of Appeals, the highest court, from which cases + involving Federal questions may be appealed to the Supreme Court of + the United States. + + 2. Superior courts of record. + + 3. Various local courts, such as county courts, corporation courts, + etc. + +Each State recognizes the judgments of other States, and gives credit to +their public acts and records, and delivers up to justice, on demand of +the executive, any criminal fleeing from other States into her borders. +In most of the States the judges are elected by the people, though in +eight they are appointed by the Governor, and in five by the +legislature. The Attorney-General conducts cases in which the State is a +party, and manages other legal business in which the State is +interested. + + + +CHAPTER XV. + +Local Government. + + +In the chapter on Government we learned that the people of the United +States owe allegiance to two systems of government; the one a central +national government, the other the state governments. We have now to +mention a third system of governments, namely, local governments; for +citizens of the United States live, in reality, under three distinct +governments: first and highest, the National United States Government; +second, State governments, and third, local governments. It is +concerning local governments in the United States that we shall learn in +this chapter. + +Just as the whole United States is divided into forty-eight sections, +each section being a State or Territory, so each State is in turn, for +convenience in the administration of its government, divided into small +local areas, each division managing those affairs which appertain to its +own area. Many of these divisions were not formed by dividing up the +States. The divisions came first, or sprang up naturally within the +States as soon as the colonies were settled. Social governments were the +first governments formed in the settlement of our Western territory. Dr. +Edward Bemis has described the beginnings of government in a new State +in the following interesting manner: + +"The genesis of local government in Western hamlets is very simple. +First comes the settler who, ax in hand, clears the ground for his +humble dwelling, and plants whatever seed he has brought with him. Then +comes another settler and another until perhaps a dozen families are +established near. Two wants are now felt: roads, or at least paths from +house to house, from hamlet to market town, and a school-house for the +multiplying children. There is no strong central authority to provide +these things, but the settlers meet and vote to tax themselves. The +services of a supervisor, collector, clerk, constable and justice of the +peace are required."[1] This is the beginning of the township and +county. As population increases, other wants arise which only a stronger +government can supply. A territorial, and then a State government are +consequently formed. + +[Footnote 1: Local Government in Michigan and the Northwest. _J.H.U. +Studies in History and Political Science._ Vol. I, No. 5, p. 11.] + +The principal duties of local governments are those of education, +police, sanitation, charity, the construction and maintenance of public +roads, the administration of justice, the assessment and collection of +taxes, etc. + +There are three types of local government in the United States: First, +the New England type, in which the unit of government is the town or +township; second, the Southern type, in which the unit is the county; +and third, the Western system, in which the New England and Southern +systems are combined. + +_#1st. Local Government New England.#_--Here the unit of government is +the township, or town, as it is usually called. There are few towns +exceeding five square miles in area, and the population is generally +less than 3,000. The New England township is therefore not a thickly +settled area. When a town becomes closely settled it is incorporated as +a city. + +In the New England towns the people govern themselves directly. In the +State and Federal governments the people are governed not by themselves, +but through representatives chosen by themselves. The town or township +form of government is that of a pure democracy; the States and Federal +governments are representative governments or republics. + +The supreme governing power of a town is in the town meeting, composed +of all qualified voters of the town. The town meeting is held in the +Spring of each year. After the choice of a Moderator, officers are +elected for the ensuing year, reports of officers for the past year +read, and the amount of taxes to be raised and expenditures to be made +during the year, determined upon. The officers are the Selectmen, three, +five, seven or nine in number, who constitute the executive officers of +the town, and administer the ordinances passed by the town meeting; a +town clerk, who keeps a record of the proceedings of the town meeting, +and a record of births, deaths, marriages, etc.; a treasurer, assessors +and collectors of taxes, constables, and various other petty officers. +Several offices are frequently given to the same individual. + +The county also exists in New England, and is formed by the union of +several towns, but it is of very little importance, and has but few +duties. The township system is found in the Middle States, but in a +modified form. It is less democratic as a rule--officers being elected +by ballot, the town meeting generally absent, and county government more +important. + +_#2d. Local Government in the South.#_--Here the town (township) does +not exist, except in a few instances. The unit of government for +performing local duties is the county, which is much larger than the New +England townships. The county government is managed by a Board of County +Commissioners. These are elected not in open meeting as are the town +officers, but by ballot. County government is therefore a representative +or republican government. The county, wherever found, is primarily a +judicial district. The chief officer for executing the decrees of the +county judiciary is the sheriff. Other county officers are the +treasurer, assessor, etc. + +_#Local Government in the West.#_--Here, as before stated, we find the New +England and the Southern systems combined, but combined in different +States in such various degrees as to make impracticable any attempt to +describe them more particularly.[1] In consequence of the grants of land +by the Federal Government to Western States for education, local areas +for the administration of these funds have been formed. These are called +school districts. Local government has tended to center around these +districts, and they have in many cases become important administrative +districts. Their boundaries coincide with the boundaries of the +townships and counties, though a number of school districts may be in +one county or township. + +[Footnote 1: More detailed accounts of the various systems of Local +Government in the United States may be found in the early numbers of the +_Johns Hopkins University Studies_, and also in Professor George E. +Howard's _Local Constitutional History_, an extra volume in the same +series.] + + + +CHAPTER XVI. + +City Government. + + +The proportion of people in the United States who reside in cities is +increasing. In 1790 there were only thirteen cities of 5,000 inhabitants +and none with 40,000. Now there are over 500 that have a population +exceeding 5,000 and 28 with a population of 100,000. In 1790 33 per +cent. of the total population lived in cities of over 8,000 inhabitants, +while to-day over 25 per cent live in cities of this size or over. + +When any small area becomes thickly and permanently settled, and a +certain population is reached (which varies in different States), the +state legislature is appealed to, and a charter of incorporation as a +city is granted. This enables the incorporated district to act +independently of the county or township, to levy municipal taxes and +carry out public improvements. Rapid as has been the growth of cities, +the duties required of city governments have increased still faster. + +The government of our large cities has become a question of vital +importance. It would be difficult to give a complete list of the duties +devolving upon them. The principal duties are (1) the collection of +municipal and state taxes, (2) the establishment and care of public +schools, (3) the administration of justice, (4) police supervision, (5) +the support of a fire department, (6) the care of the streets, (7) of +street gas and electric lighting, (8) of sewerage, (9) of the water +supply, (10) of public parks, (11) of sanitation and public health, (12) +of prisons, (13) the supervision of the liquor traffic, (14) the +regulation of street railways, (15) the enforcement of building +regulations, (16) the supervision of charities, hospitals, asylums, +etc. + +The form of government of all our large cities is much the same. It is +substantially a reproduction, in form, of the state governments. First, +there is a mayor, who is the chief executive, and is elected directly by +the people of the city. His term of office is sometimes only one year, +though more often two, three, or four years. In almost all cases he has +a veto on acts of the city legislature, which veto may, however, be +overridden by a two-thirds vote. + +Other subordinate officials are, the treasurer, collector of taxes, +chief of police, health officer, etc. They are in part elected by the +people, in part appointed by the mayor, or appointed by the city +legislature. Practice varies in different cities. + +City legislatures are of one or two houses. The larger cities usually +have two houses, and the smaller cities one house. + +The legislature is usually called the City Council, the upper branch the +Board of Aldermen, and the lower and more numerous branch, the Common +Council. The members of the city council are elected by the people. The +acts of the council are called ordinances. They are not sufficiently +general to merit the designation of laws. + +City judges are usually elected by the people. The administration of the +various duties of municipal government are generally given to special +boards of officers, as the police department, fire department, etc. For +election purposes, cities are divided into wards, and the wards into +voting precincts. + +Our methods of municipal government have proved the least successful of +any of our institutions. Corruption and grave abuses exist in almost +every one of the larger cities. Problems connected with city government +are among the most important questions of our time. + + + +CHAPTER XVII. + +Government Revenue and Expenditure. + + +Government is an enormous business enterprise, maintained and operated +by its citizens, that certain duties of a general interest and benefit +may be performed. The magnitude of the work performed necessarily +requires the expenditure of vast sums of money. The chief source from +which these sums are derived is taxation. Taxes have been defined to be +"the legally determined and legally collected contributions of +individuals for meeting the necessary and general expenses of the +State."[1] In the large majority of cases this is a good definition, but +in a few instances it is too narrow. There are some taxes that are +levied not primarily for the purpose of raising an income to meet the +expenses of the government, but to subserve some other purpose. For +instance, the maintenance of our high duties on articles imported into +the United States from foreign countries has for its main purpose the +protection of our industries from European competition. The large +revenues that are derived therefrom are incidental. High liquor +licenses, also, are maintained for the express purpose of lessening the +consumption of intoxicating beverages. + +[Footnote 1: Carl Knies.] + +The aim of every good government is to distribute its burdens of +taxation, as well as its benefits, fairly and equitably among its +citizens. It is the duty of every citizen to assist in the realization +of this aim, by an intelligent, honest and disinterested vote. Equality +of taxation means equality of sacrifice. Each person should contribute +towards the support of the government in proportion to his means and the +benefits enjoyed. It is the duty of every citizen, first to see that +just and expedient tax laws are passed, then to pay his proper +proportion, and lastly, to see that his neighbors likewise contribute +their share. To obtain an equitable system of government revenue and +expenditure has been the great motive force which, in the past, has +urged the people forward in their efforts to secure popular forms of +government. + +The power to tax is legislative, and, according to our theory, can be +exercised only by representatives directly elected by the people. The +refusal of England in the last century to extend this principle of "no +taxation without representation" to her colonies in America, lost her +these possessions. A government to be stable and efficient must possess +adequate powers for the collection of its revenue. The miserable +condition to which the old Confederation was reduced by reason of the +inadequacy of its powers in this respect, has already been discussed. +Says Fiske: "Between the old Continental Congress and the government +under which we have lived since 1789, the differences were many; but by +far the most essential difference was that the new government could +raise money by taxation, and was thus enabled properly to carry on the +work of governing."[1] + +[Footnote 1: _Civil Government_, p. 77.] + +The sources of government revenue other than taxes, are various, and +differ in different countries. In our consideration of the revenues and +expenditures of our national, state, and local governments we shall have +occasion to notice the various means by which their treasuries are +filled. + +_#The Federal Government#_ raises its revenues independently of the +other governing bodies, from different sources, and by a different set +of officials. Besides taxation, the principal source of revenue is from +the sale of public lands. Federal taxes are of two kinds: + + 1. Customs duties. + + 2. Excise or internal revenue duties. + +Of these, much the greater sum is raised from customs duties. For the +year 1889,[1] the total net receipts were $387,050,058. Of this +$223,832,741 was derived from customs, and $130,894,434 from the +internal revenue duties. The sale of public lands yielded in that year +$8,038,651. The miscellaneous revenues amounted to $24,297,151. + +[Footnote 1: For fiscal purposes the year begins July 1st.] + +Customs or tariff duties are taxes which have to be paid on a large +class of goods imported into this country from foreign countries. These +charges are collected by Government collectors, stationed in all our +principal seaport cities, who inspect all incoming vessels and determine +the amount to be paid, according to the rate determined by Congress. +This system constitutes the so-called protective tariff policy of our +country. Those commodities not so taxed are said to be on the "free +list." How much, and on what articles these duties shall be levied, is +the question upon which the Republican and Democratic parties differ; +the former favoring high, and the latter low rates, that is to say +merely enough to support the Government, or, as it is termed, "a tariff +for revenue only." + +Internal revenue duties are those taxes collected by the government from +its own citizens upon a small class of articles produced in this +country. The chief items of this class are distilled liquors, tobacco, +and oleomargarine. In 1889, out of the $130,894,434 received from +internal revenue, there was derived from spirits and fermented liquor +$98,036,041; tobacco, $31,866,861; oleomargarine and miscellaneous, +$991,532. These duties are collected by Government collectors stationed +in every United States district, who visit the distilleries, collect the +taxes, and see that the law is enforced. In several Southern States +attempts to evade the law are very frequent and difficult of detection. +The expenses of the vast postal system conducted by the Federal +Government are very nearly defrayed by the charges made for postage, and +the amount received by fees more than equals the expense of the Patent +Office. + +_#The State and Local Taxes#_ are generally, for convenience, collected +at the same time, and by the same officials, but independently of the +Federal government. The Constitution of the United States forbids the +States to derive a revenue from duty upon goods imported or exported. +The States are, therefore, for the most part, restricted to a direct tax +on property for the support of their governments. + +The general method for raising this tax is as follows: The legislature +of the State, having determined what income is needed, apportion this +sum among the counties, or, in New England, directly among the +townships, in proportion to the value of the property situated within +them, or establish a certain percentage tax on all property, to be +collected in the same manner. So, similarly, the counties apportion +among the cities and townships within their areas, in proportion to the +value of their taxable property, not only what they have to pay to the +State, but also the sums they have to raise for county purposes. Thus +when the township or city authorities assess and collect taxes from the +individual citizens, they collect at one and the same time three +distinct taxes--the State tax, the county tax, and the city or township +tax. Retaining the last for local purposes, they hand on the two former +to the county authorities, who, in turn, retain the county tax, handing +on to the State what it requires. Thus trouble and expense are saved in +the process of collection, and the citizen sees on one tax paper all +that he has to pay. The chief tax is the property tax, based on a +valuation of property, and generally of all property, real and personal. +Of this, by far the greater sum is realized from the tax on real +property, (land and buildings on it). Cities and other local +subdivisions, as has been stated, are raising their revenues more and +more from the sale, taxation, or operation of such public franchises and +rights as street-car lines, gas and waterworks. Those who fix the value +of taxable property and thus determine the amount the owners are to pay, +are called assessors. Those collecting taxes are called collectors. The +revenue of the States is seldom large in proportion to the wealth and +number of the inhabitants, because the chief burden of administration is +borne not by the States, but by the Federal government, on the one hand, +and the local subdivisions of the States on the other. The total revenue +of all the States is barely one-third that of the Federal government. + +_#The Expenditures#_ of all the governing bodies, Federal, State, and +local, are kept entirely independent of each other. Those of the Federal +government are for the benefit of all the States, while those of the +other bodies are only for their own individual benefit. The Federal +government receives much more than it expends, and has yearly a surplus +on hand in the Treasury. The States and local bodies have in the past +expended more than their revenues, making up their deficiency by loans +on their credit. + +The chief objects of Federal expenditure (in addition to the postal +system already considered and for the most part supported by its own +revenue) are: 1st, interest on the public debt; 2d, pensions to disabled +soldiers; 3d, for the support of the civil branch of the government; +4th, war and naval expenditures. + +Total expenditures for the year 1889 were $299,288,988. The chief items +were: + + 1. Interest on the public debt, $41,000,484 + 2. Pensions, 87,624,779 + 3. Civil service, 80,664,064 + 4. War and Navy, 65,815,079 + 5. Indians, 6,892,207 + +Money can be expended by the government only after it has been +appropriated by Congress in its annual appropriation bills. The +appropriation of supplies by Congress is the most important business +that it transacts. Every year the heads of all the different departments +frame estimates of the amounts of money needed to support their +departments during the following year, which estimates they send to the +Secretary of the Treasury, who, after considering and revising them, +transmits them to Congress in his "Annual Letter." This letter is +considered by the Appropriation Committee, whose duty it is to consider +and frame bills for the appropriation of moneys. Though guided by these +estimates, supplies frequently depart widely from them. After being +reported to the House and passed, money bills are sent to the Senate, +where they are invariably amended by increasing the appropriations and +are returned to the House. A conference committee is then appointed from +the House and Senate Committees on Appropriations, who, after mutual +concessions, agree upon such appropriations as will be passed by both +houses. The House then amends the bill as agreed upon, passes it, and +sends it to the Senate again, which in turn passes it, and sends it to +the President for his signature. All bills for raising money must, by +the Constitution, originate in the House. Besides the appropriations for +the expenses of government there is annually authorized a large +expenditure for improvement of rivers and harbors. Many of the +expenditures authorized by these bills are undoubtedly unnecessary, but +they are passed by general consent of the members, each of whom desires +to increase his popularity at home by getting public money spent in his +district. + +The expenses of the State governments are not heavy, and are devoted to +but few objects. The chief expenditures are for:--(1) the salaries of +officials; (2) judicial expenditures; (3) the State volunteer militia; +(4) grants to public schools; (5) public charities and institutions, as +prisons, insane asylums, etc., (6) interest on State debts; (7) internal +improvements and public buildings. + +The methods of appropriations are similar to those employed by the +Federal government. + +The expenditures of the local bodies, and particularly cities, are much +larger, in proportion to their population, than those of the States, and +are increasing at a greater rate than the increase of population. The +objects of expenditure are numerous and very important. The chief ones +are: (1) Interest on local debts; (2) maintenance and care of the +streets and roads; (3) lighting of streets; (4) police; (5) salaries of +officials. + +The following are outlines of the receipts and expenditures of the State +of Maryland for 1888, and for the City of Baltimore for 1887. These +figures are given not because they of themselves possess any especial +importance, but because from them can be obtained an idea of the +activity of a typical State and city. + +_#Maryland.#_[1]--The total receipts from all sources were $2,542,130; +and there was paid out $2,016,060. The chief receipts were from: + + General Taxes, $793,301 + Licenses, 487,969 + Corporation Tax, 73,553 + Railroad Tax, 58,455 + Inheritance Tax, 57,767 + Income from Stocks and Bonds owned, 206,175 + Fees, 17,585 + +_#Baltimore.#_[2]--The gross receipts into the treasury for the year +ending December 31, 1887, were $8,446,439, and were chiefly from the +following sources: + + Taxes, $4,210,112 + Public schools, tuition fees, etc., 6,766 + Market houses, rent of stalls, 58,287 + Wharfage and rent of wharves, 33,561 + General licenses, 44,609 + Auction duties, 7,431 + Dividends on stock in B. & O. R.R., 130,000 + Water rents, 745,446 + Passenger railway companies, 132,167 + From the State for public schools, 147,403 + Temporary loan, 1,510,000 + Receipts to pay interest on loans, 896,704 + Sale of stock, 243,285 + +The total disbursements were $8,403,930. Of this $4,541,357 was spent on +account of expenses of city government, the following being the +principal items of expense: + + Interest on the public debt, $915,987 + Expenses of law courts, 118,906 + Expenses of jail, magistrates, &c., . . 103,587 + Public schools (less amount paid by State), 594,089 + Expenses of poor, 210,739 + Police department, 702,882 + Street-cleaning department, 263,934 + Fire department, 214,226 + Street lighting, 221,203 + Parks, &c., 52,080 + Salaries, 72,624 + City council, 52,925 + +[Footnote 1: Finance Statistics of the American Commonwealths: E.E. +Seligman. Publications of Am. Statistical Asso., Dec., 1889.] + +[Footnote 2: R.T. Ely, _Taxation in Am. States and Cities_.] + +Nearly all of our State and local governments, as well as the national +government, have contracted large public debts, the interest payments +upon which constitute one of the chief items in their lists of +expenditures. The present debt of the Federal Government is largely the +result of the enormous expenditures occasioned by the Civil War. In +1865, August 31, it reached its highest point $2,381,530,294, with an +annual interest charge of $150,977,697. Since then it has been steadily +reduced until in 1889 the total interest-bearing debt was but +$829,853,990, with an annual interest charge of $33,752,354. The +principal of the national debt is mainly in the form of interest-bearing +bonds held by the National banks and private individuals. These bonds +are of various denominations and are promises of the government to pay +the sums named on their face, at the expiration of a certain period. The +bonds at present unpaid, and as such constituting the major portion of +our national debt, are principally of two kinds; those bearing four and +one-half per cent, annual interest and falling due in 1891, and those +bearing four per cent, interest and falling due in 1907. + +The debts of most of the States were contracted by ill-advised and +untimely systems of internal improvements. The total state indebtedness +June I, 1890, as shown by the Eleventh Census, was $238,396,590, a +decrease of slightly over $58,000,000 in ten years. The tendency now +seems to be for States to withdraw from the money market as borrowers, +and for the county and city governments to take their place. + +The local debts are very large, and have shown a marked increase during +the last twenty years. They have been for the most part incurred in +improvements and construction of public works, which have in most +instances well repaid the debts incurred. + + + +CHAPTER XVIII. + +Money.[1] + + +No man by himself produces everything he wants to use, but devotes his +time to the production of some few things, and the surplus that he does +not use, he exchanges for other things made by other men. In rude stages +of society this is done by a direct exchange of one commodity for +another, _e.g._ so much wheat or corn for a gun or plow. This is a very +imperfect and cumbersome method, which cannot be employed in our present +complicated transactions of buying and selling. There thus early +developed the use of money, or the practice of referring the value of +all things to one standard, usually the precious metals: so that, +instead of trading 20 bushels of corn for a plow, where it would be +necessary to go to the great trouble of finding a man who had a plow, +and also wanted your corn, you sell it for so much money, and with this +money you buy a plow. Money is thus but a medium of exchange and a +standard of value. + +In the United States, as in most nations, money has always been made by +the Government, and the Government alone, so that one certain fixed +system may prevail. For the sake of convenience, money is made of +various kinds and denominations, and United States money may +conveniently be regarded under the five following divisions: 1. _#Gold +Coin, Gold Bullion, and Gold Certificates.#_--There are six gold coins: +(1) the eagle, $10 piece; (2) the double eagle, $20 piece; (3) the half +eagle, $5; (4) the quarter eagle, $2.50; (5) the $3 piece, and (6) the +$1 piece. The three last are but little used. The gold bullion, or gold +in bars and blocks uncoined, is for all practical purposes as good as +the coin, and in foreign trade is much used, it being more convenient to +handle. Besides the gold coin and bullion there are in circulation gold +certificates. These are paper, the same in general appearance as the +ordinary bank-note, and certify that an equivalent amount of gold has +been deposited with the Treasurer of the United States, and that the +holder of the certificate has the right to obtain the gold for it at any +time. This does not increase the amount of money in circulation, as for +every one issued just so much coin is withdrawn and stowed away in the +Treasury. The certificates are used simply for convenience, and in order +to avoid the necessary wear of the coin if in constant use. These +certificates are of the denomination of $20. + +2. #_Silver Dollars and Silver Certificates_#.--There is no silver +bullion circulating as money, for a silver dollar does not contain a +dollar's worth of silver, as the gold dollar does of gold, and the +silver bullion is thus of different value (less value), according to +weight, than the silver dollar. The silver certificates are similar to +the gold certificates, already described, and certify that an equivalent +amount of silver has been deposited in the Treasury. + +3. _#Subsidiary and Minor Coins.#_--All coins of a lower denomination +than $1 belong to one or the other of these two classes. There are three +subsidiary coins, the fifty cent, the twenty-five cent, and the ten cent +pieces. The three cent piece is no longer coined. All other coins are +minor coins. The peculiarity of the subsidiary and minor coins is that +they are, as compared with the standard coins (gold and silver dollars), +of a greater value than the value of the metal they contain. The +subsidiary coins are legal-tender to the amount of $10, the minor to +the extent of twenty-five cents. By legal-tender is meant that the +government has ordered that it must be received in payment of all debts +and articles bought. Gold coin and the silver dollars and certificates +are legal-tender to any amount. + +4. _#Treasury Notes.#_--Under this head are included that form of money +ordinarily known as "greenbacks," from the color of their backs. They +were originally issued during the civil war, and are promissory notes on +the part of the government, and as such constitute a portion of the debt +of the government. They are paper, which of itself is of no value, and +no coin is deposited in the Treasury which they represent, as in the +case of the gold and silver certificates. They thus cost the government +nothing, and, as they are made legal-tender, and paid out by the +government, they were just so much clear gain to it. At first they were +not redeemable, i.e., exchangeable for coin at the Treasury, but since +1879 they are, and are therefore just as valuable now as any other form +of money, though formerly worth much less than their face value. One +hundred million dollars in gold is kept on deposit in the Treasury for +their redemption. + +5. _#Notes of National Banks.#_--This is the one form of money that is +not issued directly by the Federal government, but through the agency of +what is called our "National Banking System," which may be thus +described: A national bank can be organized by any number of men, +provided the capital stock of the bank is at least $100,000. One-third +of the capital must then be invested in government bonds and deposited +in the United States Treasury. The bank may then issue notes to the +extent of 90 per cent, of such deposit. Such notes are thus amply +secured by the deposits with the government. The government guarantees +their payment, and so they circulate as well as the certificates issued +directly by the government. Thus a great deal of the paper money in +circulation is issued by the national banks, which must, on demand, be +redeemed with coin, and, in case of failure of the banks, are paid by +the government, which reimburses itself from the deposits. A bank-note +differs from a Treasury note in two particulars. The Treasury note or +"greenback" is a promise of the government, and is legal-tender in +payment of all private debts; the bank-note is the promise of a private +company, and is not legal-tender. A bank-note is said to be paid when +the bank gives a greenback or coin for it. A greenback is said to be +paid or redeemed when the government gives gold for it. + +The following figures, taken from the report of the Secretary of the +Treasury for 1889, give the amounts of the various sorts of money +described in the foregoing, which were then in the Treasury, in the +banks, and in the hands of the people: + + Gold coin and gold bullion, $680,063,505 + Silver coin and silver bullion, 343,947,093 + U.S. Treasury notes, 346,681,000 + National Bank-notes, 211,378,963 + Subsidiary coins, 76,601,836 + +It will be noticed that gold and silver certificates are not included, +for, as explained, they merely represent an equal amount of coin or +bullion on deposit. + +The total amount of money is thus approximately $1,660,000,000, which, +divided by the total population, gives about $27 per capita. It should +be borne in mind in connection with these figures that other devices, +such as checks, drafts, bills of exchange, and other forms of credit, +are used side by side with money in carrying on trade and serving the +same purposes. + +By the Compromise Silver Bill of July 14, 1890, provision was made for a +new kind of paper money. By this act the Secretary of the Treasury was +directed to purchase, from time to time, silver bullion to the amount of +4,500,000 ounces each month, and to issue in payment for such purchases +Treasury notes; these notes so issued to be redeemable on demand in +coin, and to be a legal tender in payment of all debts, public and +private, except where otherwise expressly stipulated. + +[Footnote 1: In the preparation of this article, much assistance has +been derived from an article by H.C. Adams contributed to the +_Chautauquan_.] + + + +CHAPTER XIX. + +Public Lands of the United States. + + +Prior to 1781 but six of the original thirteen States--New Hampshire, +Rhode Island, Maryland, Pennsylvania, New Jersey, and Delaware--had +exactly defined boundaries. The others claimed lands of various extents, +stretching to the Mississippi River, or even to the Pacific Ocean. The +title to all this land was then in the individual States, and the +National Government, as such, had no land of its own. This question of +the ownership of the western land was one of the subjects of controversy +and discontent between the States. It delayed the adoption of the +Articles of Confederation for some time. Those States with little or no +land regarded with jealousy their more fortunate neighbors, and would +not consent to a union until a settlement or understanding was reached. + +The Articles of Confederation were adopted only after assurance was made +that all the public lands would be ceded to the Federal Government. This +was finally done by the States. + +The Government formed under the Constitution succeeded to all this land, +and in addition, to further cessions made by the States, the last being +that of Georgia in 1802. The subsequent additions of territory were made +directly to the United States, and not to the States, and all land thus +gained was held as public land to be disposed of by Congress. + +While the area of the United States is 3,603,884 square miles, the +public domain which has been acquired by cession, purchase, or conquest, +to be disposed of by the Government as it desires, has amounted to +2,708,388 square miles, or about two-thirds of the total area of the +country. + +The absolute title to this land, as before stated, became vested in the +United States Government. The disposal of these lands has always been +under the sole power and control of Congress. + +This land was all thinly populated by Indian tribes, who merely hunted +over it, leaving unimproved its natural fertility and vast mineral +resources. These tribes, being actual occupants, were recognized to have +a sort of half interest in the land. This half ownership was always +first extinguished by the United States by purchase for small sums, or +by the granting of certain privileges, etc., before it was opened up for +settlement and occupation by the white man. Land is still held, to a +considerable extent, in this way by the Indians. This right of the +Indians can be extinguished only by the United States, as they are not +allowed to sell or treat at all with individuals or States or foreign +nations. + +Until 1812 the affairs of the public domain were managed by the +Secretary of the Treasury. In that year the office of Commissioner of +the General Land Office was created, which remained a bureau under the +Treasury Department until 1846. On the creation of the Interior +Department in that year, Indian affairs were transferred to it, and have +remained under the same management until the present time. This bureau +has complete charge of all matters relating to the management and +disposal of the public lands, subject to the direction of Congress. + +Almost every conceivable method of disposing of this land has been +followed. The Government has, however, never assumed the position of +landlord and rented the land, except in one case of some mineral land, +and this experiment resulted disastrously. Before the land could be +disposed of, it was necessary that it should be surveyed by the +Government. To do this there was adopted as early as 1776, the so-called +rectangular system, which, with slight changes, has been continued +until the present time. By this system there are first surveyed a base +and a meridian line, crossing each other at right angles, running north +and south and east and west. From these fixed lines the land is surveyed +and marked off into rectangles of six miles square, each thus containing +thirty-six square miles. This is called a township. This is again +divided up into sections of one square mile each or 640 acres, and this +again into quarter sections of 160 acres each. In some cases these are +still further subdivided. + +The regulation and disposition of the public lands has been one of the +chief duties imposed upon Congress. + +The chief methods by which the public lands have been disposed of are as +follows: + +1. _#Educational Grants.#_--Congress from the very first provided +liberally for the establishment of common schools through grants of +public lands for this purpose. As each township is surveyed one quarter +section of 640 acres is set apart for common schools. This has continued +from the beginning down to the present time. In addition, large grants +have been made specially for the endowment of universities. Within later +years land has been given to every State to found State military and +agricultural colleges. Up to the year 1888, there had thus been granted +for educational purposes 77,448,192 acres. + +2. _#Land Bounties for Military and Naval Service.#_--There have been +granted by different acts bounties of public land, in the nature of +pensions, to the soldiers and sailors of the United States Army, on +their honorable discharge, for their service to the Government. The +amount of land thus granted (1880) has been 61,028,430 acres. + +3. _#To the States for Internal Improvement.#_--There was granted to the +States during the years from 1828 to 1846, for the improvement of +rivers, building of canals, wagon roads, railroads, etc., 162,230,099 +acres. + +4. _#Sale of Public Land.#_--Under this head there are two classes of +public land--first, that which may be bought for the minimum rate of +$1.25; and, secondly, the alternate sections along the railroads (the +other alternate sections being granted to the railroads), the minimum +price of which is $2.50. There have been sold in all 192,584,116 acres, +realizing $233,000,000. + +5. #_Under the Pre-emption Acts._#--These acts, passed at various times, +provide that where a man, a citizen of the United States, settles upon +and cultivates for a certain length of time, a tract of land not greater +than 160 acres, the United States will give him such tract. + +6. #_Under the Homestead Acts._#--The homestead laws have created a +better and more certain manner for settlers to acquire land than under +the pre-emption acts. By these acts it is provided that any citizen who +will select either 160 acres of the $1.25 land, or 80 of the $2.50 land, +can then get a permit from the land office, settle on his land, and +acquire a title to it. + +7. _#Under the Timber Culture Act.#_--This act gives to any one the +right to 160 acres of the $1.25 land if he will plant 10 acres in +timber, or 80 acres of the $2.50 land if he will plant 5 acres in +timber. + +8. _#Certain Lands to States.#_--Quite a large quantity of the public +land has been given to the States on account of its quality, as swamp or +overflowed land, and for various reasons, to the extent of 158,417,514 +acres. + +9. _#Grants to Pacific and other Railroad Companies.#_--The nature of +these grants have already been spoken of in another chapter. From 1850 +to 1872 a total of 150,504,994 acres was given for railroad +construction. + + + +XX. + +Reconstruction. + + +The conclusion of the civil war in 1865 did not relieve the United +States Government of its extraordinary difficulties. There was the whole +South, a conquered territory, occupying the anomalous position of a +district, still within the Union, yet possessing no legal state +governments. The Confederate government had now been destroyed by the +North, and the South was thus without a government. Four million slaves +had been liberated, who were uneducated, without money, and living among +people hostile to them. Congress had to provide for and protect these +freedmen in their rights. The work to be done by Congress, was then:--1. +To decide upon what terms and upon what conditions the seceded States +should be re-admitted into the Union, and to provide for them a +government until such re-admission. 2. To protect the negro. + +The South, though in the Union, had at this time, of course, no +representation in Congress, and consequently, the Republicans were in +great majority. Unfortunately, Johnson, who succeeded to the Presidency +at the death of Lincoln, though a Republican, disagreed with his party, +and legislation upon this subject was only secured by passing all acts +over his veto by a two-thirds vote. + +After much discussion, the first Reconstruction Bill, "to provide for +the more efficient government of the rebel States," was passed in 1867, +vetoed by the President, and passed over his veto. Its principal +provisions were--1. The insurrectionary States were to be put under +United States control, and for this purpose divided into five military +districts, over each of which the President was to appoint a commanding +officer. 2. The people of the various States might hold a delegate +convention, elected by the citizens who had not been deprived of the +right to vote for participation in the rebellion. The convention was to +prepare a new constitution, which constitution was to be then submitted +to the vote of the people, and when ratified by them and approved by +Congress, should go into force, and the State be entitled to +representation in Congress. Before approval by Congress the +constitutions adopted by the rebel States had to agree in all the +following particulars: (1) abolishing slavery; (2) declaring null and +void all debts created by States in aid of the rebellion; (3) renouncing +all right of secession; (4) declaring the ordinance of secession which +they had passed null and void; (5) giving the right to vote to all male +citizens, without regard to color; (6) prohibiting the passing of any +law to limit or abridge the rights of any class of citizens. + +In 1868 the Fourteenth Amendment was adopted by a sufficient number of +States, and was declared a part of the Constitution. + +In 1871 all the States were, for the first time since 1861, represented +in both houses of Congress. Reconstruction by Congress was then +completed. + + + +CHAPTER XXI. + +Party Machinery. + + +In all the States, counties, cities, and even in the smaller +subdivisions of wards, political parties are thoroughly organized, with +acknowledged leaders, and under systems of rules or party government. +This party government, or "machine," as it is called, has been created +by no law or constitution, but is one which has been gradually formed by +the voters themselves, and under which they have voluntarily placed +themselves, in order better to succeed in their elections, well +realizing that the best chance of success is by having all the voters of +their party united on certain principles embodied in a party platform, +and having candidates so nominated that the whole party will recognize +them as their choice. + +The aims of party organization are: First, union, that is, having all +voters united as to candidates and platform; and second, recruiting or +the gaining of new adherents. + +There are at present two opposing political parties, both striving for +the control of the Government. Both have very nearly the same system of +party government, but their organizations are totally distinct and +separate one from the other. + +There are two distinct parts of party government. They are; first, sets +of committees, whose business it is to do all the work of managing +elections, such as raising and applying funds for election purposes, +organizing meetings, providing speakers, publishing and distributing +political tracts and other information, and stirring up enthusiasm by +parades and fireworks, etc. They have also the important duty of +calling together nominating conventions. + +The second part of the "machine" embraces the nominating conventions, +which propose the names of the candidates whom their party are to +support for election. These assemblies are called together by the +committees periodically, for the purpose of specific nominations, and +cease to exist as soon as their work is done. Besides nominating +candidates, the conventions draw up the platform, which is a statement +of party principles, beliefs, and pledges. To provide for their +reassembling next time, they also elect a new committee, for the next +term; and also send delegates to the next higher convention. Thus are +found committees and a nominating convention, managing not only national +and state elections, but even arranging and managing elections in the +smaller electoral subdivisions. + +There is a committee and a nominating convention for every city, for +every county, for every district, and for every State. There are, then, +throughout the whole United States, such committees, each controlling +its own local affairs, but yet all related to each other, thus forming +one vast organized system. + +Beginning with the smallest and lowest, let us show their mutual +connections and workings. Starting, then, with the township convention, +or convention of a city ward, we find that all the voters of the party +are called together on a certain day by a committee (which was chosen at +the preceding meeting) for the purpose of nominating candidates for +local affairs, and naming delegates to represent them at the city or +county convention. The city or county convention, composed of these men, +is called together by the city or county committee. It first nominates +candidates for the city or county offices, and selects delegates to the +state convention, and also provides for the next meeting by the election +of a new committee for the ensuing year. In similar manner, just before +every state election, the state convention, composed of city and county +delegates, is called together by the state central committee. Here are +nominated men for state officers; a new committee is appointed to manage +state elections; and also, once every four years, the important duty of +selecting Presidential electors is performed. The Democrats also select, +in this state convention, their delegates to the National Presidential +Nominating Convention. The Republicans select but four delegates from +each State in state conventions, the remainder being appointed in +district conventions. Following the same method the National Central +Committee calls together a National Convention of all the delegates +which have been appointed by the State, for the purpose of (1) +nominating candidates for their party for President and Vice President; +(2) drawing up and accepting a party platform; (3) selecting a new +National Central Committee for the next four years, which committee is +to manage the election campaign and call the next National Convention. + + + +CHAPTER XXII. + +National Conventions and Presidential Campaigns. + + +_#History and Development of the National Convention.#_--In the +Presidential elections of 1789 and 1792 there was no necessity for +regular party nominations, as the whole people were practically +unanimous in favor of Washington. Likewise in 1796 it was so well +understood that Adams was the man desired by the Federalists, and +Jefferson by the Democrats, that formal nominations were not required. +But, commencing with 1800, political parties were more divided in their +choice, and some method was demanded by which it might be decided on +whom the party should unite. From 1800 to 1820 this demand was met by +nominations made by Congressmen, in caucuses, or private meetings, of +the members of each party. This method finally proved unsatisfactory to +the country, but from 1824-1835 no new and better method was invented, +and nominations were made rather irregularly, each State legislature +proposing the name of its favorite. This method of nomination naturally +failed to unite the voters of the party, in all the different States, on +one man, and had to be abandoned. After a failure to revive nomination +for President by Congressional caucuses, a new method was developed and +adopted, which was by National Nominating Conventions, such as we have +to-day. The introduction of this last plan may fairly be dated at 1840. +National Conventions were first held at Eastern cities, but are now held +further West, to accommodate the shifting center of population, Chicago +being the favorite city. The National Convention is composed of +delegates from all the States. Each State sends twice as many delegates +as it has representatives in the National Senate and House of +Representatives, thus making a total now of 802. In addition to these, +the Republicans allow two delegates from each of the Territories. + +_#Method of Procedure.#_--As soon as the State and Territorial +delegations arrive in the city they each elect a member for the new +National Central Committee for the next term. Inside of this committee +is chosen an executive committee, which, in reality, does all the work +of conducting the campaign. The members of this committee are almost +always men of wealth, and are expected to contribute liberally to the +campaign fund. + +The business of the National Convention is commenced by the chairman of +the National Central Committee calling the convention to order. A +temporary chairman is then chosen, who appoints a "committee on +credentials," whose duty it is to decide which delegation shall be +admitted in case two delegations are sent from the same State, both +claiming admittance as representing the party in that State. A +"committee on resolutions" is also appointed to prepare the party +platform. The next day the permanent chairman is appointed. The platform +is then read and adopted, or amended and adopted. There is next an +alphabetical roll-call of the States, when names are proposed and +seconded for nomination as candidates for President. The average number +of names proposed is seven or eight, though sometimes as many as twelve +are offered. As each man is proposed the delegate presenting his name +extols him in a laudatory speech, and gives reasons why his man will +make a strong candidate and an able President. Voting then commences. +Each delegate has one vote. In the Republican convention a majority of +the whole number of the delegates voting for one man is required before +a nomination is reached, while the Democrats require a two-thirds vote. +Sometimes a nomination is made on the first ballot, while at other +times the convention has been so divided that as many as 53 ballots have +been required, as was the case when the Whigs nominated Scott. +Forty-nine ballots were needed when Pierce was nominated by the +Democrats. In 1888 Cleveland was nominated by the Democrats by +acclamation, no vote being necessary to show the wishes of the +delegates. Harrison was nominated by the Republicans on the eighth +ballot. + +A candidate for President having been selected, a Vice President is +nominated in a similar manner, though generally with much less trouble, +and the work of the convention is ended. + +The candidates are now put before the people by their respective +parties. The people, of course, do not vote directly for them, but what +amounts to the same thing, vote for electors, who are pledged to vote +for them. A vigorous campaign of four months then follows, until +election day, in the first week in November. + +Each candidate, a short time after his nomination, is expected to +publish a letter of acceptance, in which he expresses his full +confidence and belief in the platform which his party has adopted, +discloses his views, and outlines what his future policy will be if he +is elected. + +To recapitulate, then, in a few words, let us see how a President is +nominated and elected. + +In nominating the President each voter in caucus or primary meeting +shares in choosing delegates to the ward convention, which chooses +delegates to the city or county convention, which in turn sends +delegates to the district conventions. In these, delegates are chosen +for the State conventions, where Presidential electors are appointed, +and also the delegates sent to the National Convention. + +In the National Convention, composed of delegates sent from the State +conventions and Territories, the Presidential candidate is nominated. +The electors are elected by the people, who in turn elect the nominees +of their National Convention. If State officers, as Governor, +Attorney-General, Secretary of State, Treasurer, etc., are to be +elected, they are nominated in the State conventions and elected by the +people. + +Besides counties, townships, and cities, States have other subdivisions +for political purposes. Thus the whole State is divided into senatorial +districts, each one of which sends one Senator to the State legislature, +and also into smaller districts, each one of which sends one member to +the lower house of the State legislature. Usually a senatorial district +is one or more counties, except in the case of large cities, which may +in itself contain two or more senatorial districts. + + + +CHAPTER XXIII. + +Introduction to the Study of the History of Political Parties in the +United States. + + +A knowledge of the nature of our federal government, and its relations +to the State Governments, of which it is composed, is a prerequisite to +an understanding of the history of our political parties. + +The government of the United States is a federal republic, first formed +by the voluntary union of thirteen commonwealths. At present it is +composed of forty-four united States. It is a government of enumerated +powers, and in this respect differs radically from the governments of +the individual States. As all agree, the Federal Government possesses +only those powers specifically granted to it by the constitution. The +States possess all powers except those granted to the National +Government, and those not prohibited to them by the terms of the +constitution. When the government of the United States desires to +exercise a power, it must be proven that it was the intention of the +framers of the constitution, and so expressed in that instrument, that +it should possess such a power. The States in the exercise of their +powers need only show that they have not resigned that power. If there +be any dispute as to the constitutionality of an act of either Congress +or a State legislature, the point is decided in the final instance by +the Supreme Court of the United States. + +In the political history of our country since the adoption of the +constitution, there have been ever present two great constitutional +questions, in the conflicting answers to which we must seek the origin +and creeds of our great political parties. If we can gain a proper +conception of the character of these two questions, we shall have taken +a long step towards the understanding of the reasons for the conduct of +the various opposing parties, and the basis of the disputes arising +between them. These have been the two questions. First, What is the +extent of the powers granted by the constitution to the National +Government? Second, What is the real nature of our Union; and, arising +under this problem, What is the extent to which the States are justified +in opposing what they believe to be unconstitutional acts on the part of +the National Government; and, Can a State or States, as a last resort, +withdraw from the Union? The remainder of this chapter will be mainly +devoted to a more particular examination of these questions. + +What are the legitimate powers of the United States Government? + +The United States government was the result of the union of thirteen +independent colonies--a union voluntary on the part of the colonies, yet +forced upon them by the evident need of some central power strong enough +to enforce obedience at home and demand respect abroad. The +determination of what and how many the national powers should be, was +the work of the Constitutional Convention. Of the difficulties of this +task we have already spoken. + +In forming a scheme for a central government, there was the double +necessity of creating a government strong enough to perform the duties +for which it was established, and yet not so strong as to endanger the +free self-government of the States. The delicate point to be adjusted +was to give to the Federal Government only such powers as were necessary +for the establishment of an effective National Government, and, as far +as possible, to retain in the States their full governmental powers; in +other words, to harmonize federal strength with State sovereignty. + +The fear exhibited by the States in the debates preceding the adoption +and ratification of the constitution of 1787, that the National +Government might become too strong at the expense of their own powers of +government, was not set at rest by the compromises obtained in the +convention, nor by the eleven amendments adopted soon after the +inauguration of the new government. The reason for the continuance of +this fear is that the constitution is so worded that the powers of the +general government are not precisely fixed. + +The statement sometimes loosely made that a description of our +government is contained in the constitution, is apt to be misleading. +The constitution has served rather as a foundation upon which to build +the government, than as an entire framework. As a distinguished writer +has termed it, "The constitution was meant only as a scheme in outline, +to be filled up afterwards, and from time to time, by legislation." + +A description of our present form of government is far from being +contained in the instrument adopted in 1788. For example, the +constitution makes no mention of how business shall be transacted by the +legislature. Committee Government in Congress owes its existence to no +provision of the constitution. The only mention made in the constitution +of the Speaker of the House, to-day the most powerful officer in the +legislature, is where it is provided that "The House of Representatives +shall choose their speaker and other officers." All executive +departments--the State, War, Navy, Treasury, Post Office, Interior, +Justice, Agriculture, and Labor--have been created from time to time by +act of Congress. Regarding the structure and number of federal courts, +the constitution merely provides that "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." Our elaborate +system of district, circuit, and territorial courts, rests solely upon +congressional enactments. So, too, the constitution gives to Congress +the control of territories, but does not provide how that control shall +be exercised. + +The framers of our constitution were wise in not attempting to specify +more particularly than they did, the manner in which the several powers +granted to the Federal Government should be exercised. They realized +that they were forming a scheme that was to endure for many years, and +that if it was to be capable of meeting the needs of a changing and +rapidly growing country, it would have to be elastic, and contain within +itself the power of adapting itself to new needs and conditions. To +secure the beneficial execution of the powers granted, Congress was +given the power of selecting appropriate means. To have refused the +grant of this power, would have been to attempt to provide by +unchangeable rule for emergencies that could by no possibilities be +foreseen. Or, as Chief Justice Marshall has put it, "It would have been +to deprive the legislature of the capacity to avail itself of +experience, to exercise its reason, and to accommodate its legislation +to circumstances." + +After enumerating the various particular powers given to the Federal +Legislature, the constitution further says (Art. I, Sec. 8) "and [shall +have power] 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." This is the clause under whose +authorization all those powers have been assumed, and functions +exercised, that have made the United States government of to-day so +different from that of 1789. + +The general rule is, as has been said, that the United States government +possesses only those powers granted to it by the constitution. But here, +in this clause just quoted, is a general grant of all powers necessary +or proper for carrying into effect any of the powers particularly +granted. Who or what is to decide just what powers are necessary and +proper for the accomplishment of this object? Naturally people have not +been able to agree upon the question of just what powers are +constitutional or expedient as "implied" under this title of "necessary +and proper" and this question has been largely instrumental in dividing +the people in opposing political parties. There has always been a party, +the members of which, favoring great powers for the States rather than +for the Federal Government, have been "strict constructionists," and +have advocated a close and narrow interpretation of this clause of +"implied powers." From their desire to retain in the State governments +as many powers as possible, they have been known as the "States' Rights +Party." Opposing them has been the party of "loose constructionists," +the members of which have held to a free, liberal interpretation of the +constitution, and have endeavored to increase the power of the Federal +Government. There have never been political parties styling themselves +"Strict Constructionists" and "Loose Constructionists," for these are +terms that have been used not as titles, but as definitions of different +principles of constitutional interpretation. But by whatever name they +may have been known, there have been, during the greater part of our +history, these two political parties, the one holding to the principle +of strict construction and States' Rights, and the other to that of +loose construction and federal power. + +The second fundamental question spoken of in the beginning of this +chapter as underlying national politics, is concerning the nature of our +union and the rights of state nullification and secession. + +A final answer to these questions cannot of course be here attempted, +but that which can be done, is to state in a few words just what their +meaning is, and the points upon which they have turned. When we come to +the consideration of the course of politics in the United States we +shall see the answers that history has given to them. + +The government of the United States is the judge of its own powers, for +it is in its own supreme judicial tribunal that the constitutionality of +both State and Federal laws is finally determined. More than once has a +practical answer been demanded to the question What is to be done by a +State or States when, in their estimation, the National Government has +transcended its powers and legislated in an unconstitutional manner? +Obedience, nullification, or, in the last resort, secession from the +Union, have been the various alternatives that have offered themselves +to the States. Different views of the nature of our Union have sustained +the propriety of the selection of different ones of these alternatives. + +According to the nullification theory, the constitution is held to be of +the nature of a compact between the States as one party and the Federal +Government as the other; and that, as in all contracts, if the +agreements contained therein are broken by the one party, the other +party has the right to refuse its assent thereto. Therefore, if the +United States government attempts the exercise of powers not granted in +the compact, the States have the right to interpose the "rightful +remedy" of "nullification." That is to say, that each State has the +right to determine for itself when an unwarranted power has been assumed +by the general government, and in such a case to declare the obnoxious +law null and of no force within her own boundaries. + +In considering the question of nullification, it is necessary to +distinguish between the theory or rather method of nullification +propounded by Madison and Jefferson in the Virginia and Kentucky +Resolutions, from that of Calhoun brought forward at the time of South +Carolina's resistance to, and attempted nullification of, the Tariff +laws of 1828, and 1832. In the Virginia and Kentucky Resolutions the +Alien and Sedition Acts were solemnly declared to be unconstitutional, +that the Union was a compact, and the States had the right to interpose +the remedy of nullification; but open resistance was not proposed. By +the Jeffersonian theory, it was proposed to obtain the opinion of +three-fourths of the States that the acts were unconstitutional, and +thus to "nullify" them after the manner of a constitutional amendment. +Until such nullification, the laws were to be obeyed. + +The Calhoun doctrine was something entirely different from this. +According to his doctrine, any single State might order at once a +suspension of the law within her borders, and not until three-fourths of +the States in national convention had overruled the nullification could +the State be forced to obey the obnoxious law. To use Calhoun's own +words, his theory was, that "it belongs to the State, as a member of the +Union, in her sovereign capacity in convention, to determine definitely, +as far as her citizens are concerned, the extent of the obligation which +she has _contracted_; and if, in her opinion, the act exercising the +power in dispute be unconstitutional, to declare it null and void, which +declaration would be obligatory on her citizens." The sum and substance +of this was, as Von Holst has pointed out,[1] to give to one-fourth of +the States the power if they saw fit to deprive the Federal Government +of every power entrusted to it, that is, to alter the constitution at +will. + +[Footnote 1: _Constitutional History of the United States_, Vol. I, p. +474, note.] + +The right of secession follows as a logical outcome of the theory of +nullification rigidly carried out. Federal laws are general in their +nature, and if binding anywhere, must be binding everywhere. If then, a +minority of States insist on their right of nullification, the federal +government will be obliged either to admit that every act of Congress is +without any force in a State until it has obtained the tacit approval of +the people of that State, or else it will be driven to the necessity of +obtaining the enforcement of the law by arms. Such employment of force +would of course be but the prelude to secession. Indeed, South Carolina, +in her Ordinance of Nullification, declared that she would secede, if +the United States did not repeal the obnoxious laws, or if she should +attempt to enforce the collections of the tariff duties provided for by +the acts in dispute. According to the Unionist view, it is held that in +no case has the individual State the right to resist the operation of a +federal law, much less does it possess the actual power to pass a law +affecting its relation to, or continuance in, the Union. This view is +supported by an interpretation of the constitution that denies to that +instrument the character of a compact between the States and the +National Government. The constitutional theory of this school is that +the National Government was formed _by the people_ as a whole, and not +by the States. That the States accepted this government, but were in no +sense parties to an agreement between them and the Nation. According to +this view, the Union began with the first acts of resistance taken in +common by the colonies, and is thus, in a sense, older than the state +governments, which were not formed until after the Declaration of +Independence. Also, that when the States gave in 1788 their consent to +the constitution, their consent was irrevocable. Two quotations from +decisions rendered by the Supreme Court of the United States will make +clear the arguments and theory of the Unionists. + +Said Chief Justice Marshall:[1] "The convention which promulgated the +constitution was indeed elected by the state legislatures, but the +instrument when it came from their hands, was a mere proposal, without +obligations or pretentious to it. It was reported to the then existing +Congress of the United States, with a request that it might 'be +submitted to a convention of delegates chosen in each State by the +people thereof, under recommendation of its legislature for their assent +and ratification.' This mode of proceeding was adopted, and by the +conventions, by Congress, and by the state legislatures, the instrument +was submitted to the people. They acted upon it in the only way in which +they can act safely, effectually, and wisely on such a subject, by +assenting in convention. It is true they assembled in their several +States, an where could they have assembled? From these conventions the +constitution derives its whole authority. The government proceeds +directly from the people. The assent of the States in their sovereign +capacity is implied in calling the convention, and thus submitting that +instrument to the people. But the people were at perfect liberty to +accept or reject it, and their decision was final. It required not the +affirmance of, and could not be negatived by, the state governments. The +constitution when adopted was of complete obligation, and bound the +state sovereignties. The government of the Union then, is emphatically +and truly a government of the people. In form and in substance it +emanates from them. Its powers are granted by them, and are to be +exercised directly on them, and for their benefit." + +[Footnote 1: _McCulloch_ v. _Md._, 4 Dall., 316.] + +Said Chief Justice Chase:[1] "The union of the States never was a purely +artificial and arbitrary relation. It began among the colonies, and grew +out of common origin, mutual sympathies, kindred principles, and +geographical relations. It was confirmed and strengthened by the +necessities of war, and received definite form and character and +sanction from the articles of Confederation. By these the union was +solemnly declared to 'be perpetual.' And when the articles were found to +be inadequate to the exigencies of the country, the constitution was +ordained 'to form a more perfect union.' It is difficult to convey the +idea of indissoluble unity more clearly than by these words. What can be +more indissoluble if a perpetual union made more perfect, is not? But +the perpetuity and indissolubility of the union, by no means implies the +loss of distinct and individual existence, or of the right of +self-government by the States.... Without the States in Union, there +could be no such political body as the United States. Not only, +therefore, can there be no loss of separate and independent autonomy to +the States, through their union under the constitution, but it may be +not unreasonably said that the preservation of the States, and the +maintenance of their governments are as much within the design and care +of the constitution, as the preservation of the Union and the +maintenance of the National Government. The constitution in all its +provisions looks to an indestructible Union composed of indestructible +States." + +[Footnote 1: _Texas_ v. _White_, 7 Wall., 750.] + +A civil war of four years' duration has decided the Unionist theory of +our government to be the one under which the Nation is to be governed. +Whether or not, in point of fact, the Nation was older than the States, +and the constitution not a compact, but an indissoluble Union, will +always remain a question to be discussed. The dispute turns upon a point +that does not admit of final determination. We can only theorize. To +maintain the view that the Union is older than the States it is +necessary to show that the Continental Congress was of such a character, +and its powers of such a nature, that a true national government may be +said to have existed before July 4, 1776, and therefore, that the +Declaration of Independence and the consequent transformation of the +colonies into States were not the result of the individual action of +separate colonies, but of the whole people united in a nation. And, +following from this, that the States were never out of the union, but +that the individual colonies became States, only as belonging to the +United States. Consequently that the theory of a 'compact' between the +States and the United States is untenable, for at the time the United +States was born, the States did not exist.[1] + +[Footnote 1: As Lincoln expressed it in his message of July 4, 1861: +"The States have their _status_ in the Union, and they have no other +legal status.... The Union is older than any of the States, and in fact, +it created them as States."] + +To maintain the "Compact Theory" it is necessary to show that the +"Continental Congress" had no properly delegated national powers, and +to it the character of a national government could not fitly be applied, +and that the colonies when they separated from England remained +independent of each other, because as colonies they had been +independent. Therefore, that the initial clause of the Preamble to the +Constitution "We the people of the United States" referred not to all +the people of the United States in their collective capacity, but to the +people of the several States. + +In fine, admitting, as all do, the Continental Congress to have been a +revolutionary body, exercising undelegated powers, the question is, Was +it, or was it not, a _de jure_, as well as _de facto_ national +government, and this is a question that cannot be answered absolutely. + +These opposing views of the character of our constitution have been +stated not with the idea of proving either of them to be the correct +one, but solely to indicate the lines along which political parties have +fought their battles. Thus, it is hoped, the student will be prepared +for an intelligent consideration of the various political parties that +have existed in the course of his country's history. + +To complete the statement of the underlying causes and fundamental +principles that have directed the course of our national politics, it is +necessary to give at least some short account of the natural causes that +have operated irresistibly to divide the North and the South in their +political thoughts and actions. + +Why is it that slavery flourished in the South, but languished and was +gradually abolished in the North? Why is it that the stronghold of the +States' Rights doctrine of nullification and of secession was in the +South, and the citadel of the Unionists in the North? Why is it that +to-day the debate between high and low customs duties, is, to a very +considerable extent, a discussion between the New England and Middle +States and the Southern States? + +To all these questions a very satisfactory answer can be found in the +different physical characteristics of the North and South. The nature +of the soil and climate, as well as the character of the settlers, +predetermined for the Southern colonies an agricultural character, and +for the colonies of the North a commercial and industrial character; +and, already by the end of the eighteenth century we find in them a +marked difference of political and social life. + +From the very start, the South, favored by a mild climate, rich soil, +and broad, low-lying valleys, developed an agricultural life. Slavery +was introduced at an early date, and flourished, the warm climate being +congenial to the negro, and the rude manual labor of the field suited to +his meagre capabilities. The result of these influences was to develop +in the South a system of large ill-worked manors or estates. The +predominance of slave labor, discouraged the immigration of free labor, +and the South remained comparatively thinly settled. The moral effect of +slavery upon the white population was bad. Habits of thriftlessness and +laziness were engendered among the free population, and their social +relations corrupted. + +In the North, an indented coast with many good harbors, a rugged soil, +and a wintry climate, encouraged the development of a commercial and +manufacturing life. Slave labor here proved itself scarcely profitable, +neither the climate nor the nature of the work required, being suited to +the frames and abilities of the African. As compared with the South, the +North soon became thickly settled, and largely as a result of this, +adopted the small area of the town or township as its most important +unit of local government, instead of the larger area, the county, used +in the South. This essential difference in the system of local +government in the North, from that of the South, has remained unchanged +to this day, and has exercised great influence upon the political habits +of the peoples of these two sections. + +At the time of the adoption of the constitution, these differences +between the northern and southern colonies were not so great as they +were soon to become. As contrasted with the North, the agricultural +character of the South was already marked, but the designation of these +two sections as "free" and "slave" states had not yet come into use. It +was the remarkable development of the cultivation of cotton consequent +upon the invention of Whitney's cotton gin in 1793, that gave the +tremendous impetus to the increase of slavery in the South. While prior +to the introduction of this machine, scarcely a single pound of cotton +could be separated from the seed by a man in a day, Whitney's gin made +it possible to prepare for market three hundred and fifty pounds per +day. The nature of the cotton plant rendered it peculiarly fitted to the +climate and soil of the South, and the ease with which it could be +cultivated and prepared for market, made the application of slave labor +extremely profitable. In 1789 many of the southern states exhibited +evidences of a desire and intention to ultimately abolish slavery, but +from this time we hear nothing more of this. After 1800 the number of +slaves increased rapidly. The census of 1790 showed in the southern +colonies 650,000, while that of 1820 showed the number to be over +1,580,000. From 1800 to 1865 the political life of the South is largely +explainable by the interest of its people in, and devotion to, the +institution of slavery. + +The promptness with which, irrespective of party affiliations, the +people of the North assumed the anti-slavery attitude and those of the +South placed themselves under the pro-slavery banner, at the time of the +Missouri contest in 1820, shows the extent to which these two sections +of the United States were already divided upon this great question. The +South, retarded in its growth by the employment of slave labor, as +compared with the North already exhibited an example of arrested +development, and her politicians saw that if the balance of power +between the slave-holding and the non-slave-holding States was to be +maintained, a wider field for the extension of their favorite +institution would have to be provided. It is in the light of this motive +that the desire of the South for the annexation of Cuba and of Texas, +even at the expense of a war with Mexico, is to be interpreted. The +compromise of 1820 satisfied the demands of the slavocracy for a time, +but only for a time. In 1850 the South again demanded, and obtained +concessions. It required a civil war to demonstrate to us the futility +of endeavoring to avert by compromise the conflict that was +irrepressible between the North and South so long as slavery existed in +the one, and was reprobated in the other. + +The different attitudes assumed at the present day by the North and +South in regard to the Tariff question, is explainable by the difference +in the industrial life of these two sections. The North is essentially a +manufacturing centre, and, as such, demands high import duties as a +protection to her manufacturers and merchants. The South is, as a whole, +agricultural, and favors low duties with the idea of thus extending +foreign trade, and affording a larger market for the sale of her raw +products. A striking proof of the influence of the industrial life of a +section in determining its attitude towards the tariff, is seen in the +change of front of Massachusetts after 1824 from free-trade to +protection, this change being wholly due to the predominating influence +acquired by her manufactures over her commerce and agriculture. + + +FINIS. + + + + +NOTES. + + +For the assistance of those who may desire a fuller acquaintance with +the administrative methods of our Federal and State Governments than is +to be obtained from this book, these bibliographical notes are appended. +Not only the authorities actually consulted in the preparation of this +monograph are given, but mention is also made of the most reliable and +accessible sources of information upon the more important topics germane +to the study of Government and Administration. In arrangement, the notes +follow the order of topics used in the text. + + +General Works upon United States Government. + +Worthy of first mention is the admirable work of James Bryce, _The +American Commonwealth_, 2 vols., 1888. To the student of American +institutions and administration these two volumes are indispensable. In +them is contained the best and latest scientific exposition of our +political institutions as they exist to-day. The only criticism that can +be made regarding the work is that the executive departments have not +received sufficient attention as regards the details of their +administration, nor the practical and scientific value of the work +performed by their numerous bureaus. Interesting from an historical +point of view is De Tocqueville's _Democracy in America_, now fifty +years old. Lalor's _Encyclopaedia of Political Science, Political +Economy and American History_ is by far the best work for reference. The +principal articles in the field of political science are contributed by +Dr. J.C. Bluntschli, those upon United States History by the late Prof. +Alexander Johnston, and those upon Federal Administration by A.R. +Spofford, Librarian of Congress. + +Bannatyne's _Hand-book of Republican Institutions in the United States_ +is an authoritative work based upon federal and state laws, and other +authoritative sources of information. It is entirely descriptive and +very complete. Other general works are Mulford's _The Nation: the +Foundation of Civil Order and Political Life in the United States_; +Laboulaye's _Histoire Politique des Etats-Unis,_ 3 vols.; and Lamphere's +_The United States Government: Its Organization and Practical Workings_, +this last being chiefly valuable for its statistical and tabulated +information. + +Among foreign works that consider the theory and practice of the United +States Government, are Bagehot's _English Constitution_; Sir Henry +Maine's chapter on the _Constitution of the United States_ in his +_Popular Government_; E.A. Freeman's article _Presidential Government_ +contained in his _Historical Essays_ (1871); Lord Brougham's chapter on +the _Government of the United States_ in his _Political Philosophy_, +Vol. 3; and E. Boutmy's _Etudes de droit Constitutionel._ For current +political information McPherson's _Hand-book of Politics_, issued every +two years since 1870, is valuable. Besides statistical information +regarding government revenues and expenditures, public debts, votes, +population, names of congressmen, &c.; these hand-books contain +Presidential and Gubernatorial messages, transcripts from the +_Congressional Record_ relating to leading matters discussed in +Congress; and decisions of the Supreme Court that are of general +importance. _The Statesman's Year-Book_, published annually by Macmillan +& Co., is valuable for reference in matters concerning both foreign and +American governments. Bibliographical references are also given to each +existing government. + +John Fiske's recent volume on _Civil Government in the United States_, +stands in merit far above other manuals bearing this name, most of which +are simply running commentaries on the constitution. An excellent +feature of Mr. Fiske's book is the addition of bibliographical notes at +the ends of the chapters. + +The following are manuals that may be recommended as of comparative +merit: Macy, _Our Government: How it Grew, What it Does, and How it Does +it_; Cocker's _Civil Government_; Thorpe's _Government of the People of +the United States_; Martin's _Civil Government_, and Ford's _American +Citizens' Manual_. + +The most complete collection of bibliographical references to the +Constitution of the United States is that prepared by W.E. Foster, and +published as _Economic Tract_ No. xxix, by the "Society for Political +Education," New York. + + +Government. + +Dr. J.C. Bluntschli's _Lehre vom Modernen Stat_, in three volumes, gives +the finest treatment of the various forms and general principles of +governments. A portion of Dr. Bluntschli's work has been translated into +English and published under the title _The Theory of the State_. There +is also a French translation of this work. Other authorities under this +head are: Bluntschli's _Staatswoerterbuch_; Woolsey's _Political Science, +or the State Theoretically and Practically Considered_; and +Montesquieu's _De l'Esprit des Lois_. Interesting from an historical +point of view, are the theories contained in the works of political +philosophers in the past. See Plato's _Republic_; Aristotle's +_Politics_, Cicero's _De Republica_; Thomas Aquinas' _Of the Government +of Principles;_ Dante's _De Monarchia_; Machiavelli's _Prince_; Jean +Bodin's _Of the Commonwealth_; Hobbes' _Leviathan_; Filmer's +_Patriarcha_; Hooker's _Ecclesiastical Polity_; Locke's _Civil +Government_; J.J. Rousseau's _Social Contract_; Bentham's _Fragment on +Government_; J.S. Mills' _Representative Government_. + +Pollock's _History of the Science of Politics_, published in the +"Humboldt Library," contains an admirable summary of the views of these +political philosophers. + +The works of several of these authors (Hobbes, Hooker, Locke, Filmer, +Machiavelli) are contained in "Morley's Universal Library," published by +Routledge at one shilling per volume. + +For theories regarding the origin and development of government, see +Maine's _Ancient Law, Early History of Institutions_, and _Early Law and +Custom_; Spencer's _Principles of Sociology_, Vol. I; Morgan's _Ancient +Society_; McLennan's _Studies in Ancient History_, and _The Patriarchal +Theory_; and Bagehot's _Physics and Politics_, published in the Humbolt +Library. The contract theory of government is presented in various forms +in the works of Hobbes, Hooker, Locke and Rousseau. + + +Functions of Government. + +The proper limits of state action are discussed in Mill's _Essay on +Liberty_; Huxley's _Administrative Nihilism_ (Humboldt Lib.); Spencer's +_Social Statics, Man versus the State, The Coming Slavery_, and _The +Sins of Legislators_ (Humboldt Lib.); Stephen's _Liberty, Equality, +Fraternity_; Humboldt's _Sphere and Duties of Government_; and H.C. +Adams' _State in Relation to Industrial Action_, published by the +American Economic Association. Wilson's _The State_ contains a valuable +chapter upon the functions of government. For a description of existing +forms of government, Prof. Woodrow Wilson's _The State_ is very +valuable. See also _Statesmen's Year Books_. + + +Colonial Governments. + +Volumes III, IV, and V of Winsor's _Narrative and Critical History of +America_, 8 vols., contain excellent monographs upon the founding, +history and nature of government of the various colonies. Doyle's two +volumes, entitled _The English Colonies in America_, present an +exhaustive study of the American colonies from an European point of +view. A handy digest of this work is contained in his small _History of +the United States_, published as one of the volumes in "Freeman's +Historical Course for Schools." Lodge's _Short History of the English +Colonies in America_ is chiefly devoted to colonial social life. In the +preparation of the chapter upon Colonial Governments, we have obtained +the most assistance from the first volume of Story's _Commentaries upon +the Constitution_. Pages 15 to 50 of Hannis Taylor's _Origin and Growth +of the English Constitution_ are important. Fiske's _Beginnings of New +England_ is an extremely interesting description of the early history of +a single section. Steps Toward Union and Independence. + +See especially Story's _Commentaries_; Frothingham's _Rise of the +Republic of the United States_; Scott's _Development of Constitutional +Liberty in the English Colonies in America_; Fiske's _Critical Period of +American History_; and A.B. Hart's _Formation of the Union_, 1763-1829, +to appear in the series, "Epochs of American History." For the Albany +plan of union see Franklin's _Life and Letters_, Vol. 4. For an account +of the causes leading to revolution written from an essentially English +standpoint, see Lecky's _History of England in the Eighteenth Century_, +Vol. IV. + + +Articles of Confederation. + +Best upon this subject are: Curtis' _History of the Constitution_; +Marshall's _Life of Washington_; Bancroft's _History of the United +States_; and Winsor's _Narrative and Critical History of America_, Vol. +VII, article _The Confederation_ by the Editor. See also _Secret +Journals of Congress_, and authorities cited above. + + +Constitutional Convention and the Adoption of the Constitution. + +See authorities cited above, and J.A. Jameson's _Treatise on +Constitutional Conventions_. The official sources of information are: +the meagre _Journal, Acts, and Proceedings of the Convention_; and +Elliot's _Debates in the Several State Conventions on the Adoption of +the Federal Constitution_, * * * * _together with the Journal of the +Federal Convention_, the last volume of which contains Madison's notes +of _Debates in the Federal Convention_, frequently called _The Madison +Papers_. + + +The Constitution. + +The number of valuable works concerned more or less directly with a +study of the Constitution is very great. Only a very few can be +mentioned. A very complete list of references to the Constitution, is +that by W.E. Foster, already referred to. The leading works upon +Constitutional Law are Cooley's _General Principles of Constitutional +Law_, and _Constitutional Limitations_; Von Holst's, Hare's and +Pomeroy's treatises on Constitutional Law. Story's _Commentaries on the +Constitution_ are invaluable. The character and value of _The +Federalist_ have been noticed in the text (p. 25). On Constitutional +Amendments, see Johnston's article on _Amendments_ in Lalor's +_Encyclopaedia_. Concerning Constitutional developments, due to judicial +construction, see Willoughby's _Supreme Court of the United States: its +History and Influence in our Constitutional System_, published in the +Johns Hopkins Studies, Extra Vol. VII; and _The Constitutional History +of the United States as Seen in the Development of American Law_, by +Judge Cooley and others, edited by H.W. Rogers. _The Unwritten +Constitution of the United States,_ is the title of a very recent book +by C.G. Tiedeman. + +For constitutional development due to war experiences, see Dunning's +_United States in Civil War and in Reconstruction_. W.E. Foster has in +press a pamphlet of references on _The United States Constitution in +Civil War_. + +On Federal Government, see Jellinek's _Die Lehre von den +Staatenverbindungen_; and Hart's _Introduction to the Study of Federal +Government_, Harvard Historical Monographs, No. 2. Besides giving an +outline of the political history of the successive federations in the +world's history, with an account of the literature upon each, Mr. Hart's +monograph contains a very excellent bibliographical note on Federal +Government in general, and the United States Constitution in particular. + +The laws of the United States are known as _United States Statutes at +Large_. In 1878 was published a large volume containing all Federal laws +in force in 1874. In 1881 was published a Supplement (known as +_Richardson's Supplement_) containing congressional legislation during +the years 1874--1881. + + +Congressional Government. + +The official reports of the debates of Congress have been published +under the following titles: _Annals of Congress_ (1789--1823), +_Congressional Debates_ (1824-1837), _Congressional Globe_ (1833-1873), +_Congressional Record_ (1873 to the present time). Benton's _Abridgment +of Debates_ in 16 volumes covers the period 1789 to 1850. + +McPherson's _Handbook of Politics_, already cited, contains accounts of +the more important debates in Congress. Printed copies of bills and +reports of committees can be obtained upon application. For the best +descriptions of the practical working of Congress, see Bryce's _American +Commonwealth_, and Woodrow Wilson's _Congressional Government_. In both +of these works our committee method of congressional legislation is +compared with the English method of Parliamentary legislation under the +leadership of a responsible ministry. The conclusions obtained from this +comparison by the latter author, are especially unfavorable to the +United States. Other references to works comparing English and American +methods of legislation, are Snow's _Defence of Congressional +Government_, published in the papers of the American Historical +Association, Vol. IV; A.L. Lowell's _Essays on Government_; Bagehot's +_English Constitution_; Bourinot's article, _Canada and the United +States, Scottish Review_, July, 1890, and Annals of the American Academy +of Social Science, No. I; and an article by Hon. Joseph Chamberlain, +_Shall We Americanize Our Institutions?_ Nineteenth Century, December, +1890. _The Congressional Directory_, published annually, contains much +handy information regarding the constitution and officers of Congress, +and of the various federal departments at Washington. For an account of +the work done during the last session (1889-90), see _North American +Review_, November, 1890. Regarding the recent controversy on the power +of the Speaker of the House of Representatives to count as present +members in the hall, but not answering to the roll-call, see the _North +American Review_ for October, 1889; the Nos. for March, May, July, +August and October, 1890, also contain interesting articles on the same +subject. + + +Executive Departments. + +Of especial and authoritative value is the report of a select committee +of the Senate to _Enquire into and Examine the Methods of Business and +Work in the Executive Departments_, in 3 vols., known as Cockrell's +Report, or Senate Report 507, 50th Cong., 1st Sess., and also a +supplementary report in one volume, dated March 28, 1889. For other +official sources of information, see the annual reports of the various +departments, and of the individual bureaus. See also special reports +mentioned in the text. On diplomatic relations, see the annual report of +the Secretary of State _On Foreign Relations_, and _Treaties and +Conventions between the United States and Other Powers_ (1776-1887), +published by the same department. The _Consular Reports_, issued from +time to time by the State Department, are of value as furnishing +economic information regarding foreign countries. The reports of the +Secretary of the Treasury are of extreme statistical and financial +value. For handy use the _Statistical Abstract_ is issued annually by +the Treasury Department. The reports published by the Department of +State, of the _International Conferences of 1878_, and of _1881_, and +that of Edward Atkinson on _The Present Status of Bimetalism in Europe_ +(1887), are of especial value upon monetary topics. In 1886 the Treasury +Department issued a volume of _Laws Relating to Loans, and the Currency, +Coinage and Banking_. Besides his annual report the Director of the Mint +publishes annually a report on the _Production of Gold and Silver in the +United States_. For an account of the Sub-Treasury system, see Bolle's +_Financial History of the United States_. Concerning the evils of this +system, see an article by Prof. J.L. Laughlin in the _North American +Review_, Vol. 137, p. 552. + +Regarding the Silver Question and other important public questions +coming within the province of the Treasury Department, information can +be derived from recent periodicals. Poole's _Index to Periodical +Literature_ should also be consulted. An interesting account of the +Pension Office is contained in the _Atlantic Monthly_, January, 1890. +Regarding the Interstate Commerce Commission, see the book by Don Passes +in Putnam's "Questions of the Day" series. See also Political Science +Quarterly, Vol. II, pp. 223 and 369. + +The Eleventh Census is now being compiled, and Bulletins are issued from +time to time by the superintendent. Postmaster-General Wanamaker has +recently issued a pamphlet in support of a _Limited Post and Telegraph_. + +Concerning the constitutional powers possessed by executive officers, +see A. Conkling's _Powers of the Executive Departments_; de Chambrun's +_The Executive Power,_ and chapter VII of Willoughby's _Supreme Court of +the United States_. The _Official Register of the United States_, issued +annually in two large volumes, contains the names and positions of all +persons in federal employment. The second volume is devoted exclusively +to the Postal Service. Very many of the government reports mentioned in +this note will be sent to any address upon application. + +_A descriptive catalogue of all government publications_ arranged in +chronological order, from 1774 to 1881, was prepared by B.P. Poore and +published by the government. + + +Federal Judiciary. + +Among the treatises upon the practical working of the Federal Judiciary +are: B.R. Curtis' _Federal Courts_; Bryce's _American Commonwealth_; and +Willoughby's _Supreme Court of the United States_, already referred to. +For an excellent description of the relations between the Federal and +State courts, see Chamberlain's lecture published in _The Constitutional +History of the United States as seen in the Development of its Law_. The +reports of decisions of cases tried in the Supreme Court are contained +in one hundred and thirty-three volumes. Until 1875, these volumes were +known by the names of the reporters, viz.: Dallas, Cranch, Wheaton, +Peters, Howard, Black, and Wallace. Since 1875 they have been designated +simply as _United States Reports_. + + +Ordinance of 1787. + +For text and comments see _Old South Leaflet_ No 13 (Heath & Co., price +five cents). For _The United States Constitution and the Ordinance of_ +1787 _in Relation to Education_, see Magazine of American History, +September, 1888. See also Papers of the American Historical Association, +Vol. III; pamphlets by Dr. Poole and F.D. Stone, and Sato's _History of +the Land Question in the United States_, Johns Hopkins University +Studies, Series IV. + + +Territories. + +The reports of the Governors of the various territories to the Secretary +of the Interior furnish an official source of information. Regarding the +government of, and conditions of admission of territories as States, see +especially Bannatyne's _Republican Institutions in the United States_. + + +State Governments. + +For the text of State constitutions see B.P. Poore's _Federal and State +Constitutions, Colonial Charters, and Other Organic Lows of the United +States_, in two vols. (1877), published by the government. For further +information regarding State constitutions consult Davis' _American +Constitutions_, in the Johns Hopkins University Studies, Series III; +Jameson's _Introduction to the Constitutional and Political History of +the States_, Johns Hopkins University Studies, Series IV; and +Hitchcock's _American State Constitutions_ (Putnam's "Questions of the +Day" series). See also of course Bryce's _American Commonwealth_. For +_Recent Tendencies in State Activities_, see paper by W.F. Willoughby, +to be published in the "Papers of the American Historical Association," +Vol. V., and articles by Dr. Albert Shaw, entitled _American State +Legislatures_, in Contemporary Review, October, 1889, and _The American +State and the American Man_, in the same review for May, 1887. The +_Forum_ for November, 1890, contains an interesting description of the +_Six New States_, by Senator Cullom. For histories of the individual +States, see the series of "American Commonwealths," edited by H.E. +Scudder, and published by Houghton, Mifflin & Co. Those for Connecticut, +Indiana, Michigan, Missouri, Kansas, California, Maryland, Kentucky, New +York, Ohio, Colorado, Oregon, and Virginia, have already appeared. + + +Local Government. + +Among authorities on Local Government are various monographs upon this +subject in the several States, contributed to the _Johns Hopkins +University Studies in Historical and Political Science_. See also Bryce +and Bannatyne. + + +City Government. + +See J.H.U. _Studies_, Vol. IV, Nos. 4, 10; Vol. V, Nos. 1, 2, 3, 4; Vol. +VII, Nos. 1, 3, 4. Also supplementary volume, _Philadelphia, 1681-1887: +a History of Municipal Development_, by Allinson and Penrose. Simon +Sterne has an able article on "Cities" in Lalor's _Encyclopaedia_. See +also chapters in Bryce's great work, and articles in the Political +Science Quarterly for June, 1887, and June, 1889; Forum, Vol. II, pp. +260, 539; and Quarterly Journal of Economics, January, 1890. + +The report of the New York Commission on "_A Plan for a New Government +of New York_," 1876, is valuable, as are also several of ex-Mayor +Hewitt's messages. Prof. Gniest has a suggestive article on Berlin, the +best governed city in the world, in the _Contemporary Review_, Vol. 46. +Shaw's article on Glasgow in the Century, March, 1890, is likewise +instructive. Spofford's _City of Washington and Growth of United States +Cities_ is interesting. Ely's _Taxation in American States and Cities_ +contains many excellent suggestions for improvements in our methods of +municipal administration. See also Ely's _Problems of To-day_. Putnam is +publishing a series entitled _Great Cities of the Republic_. The Stories +of New York, Boston and Washington have thus far appeared. + + +Government Revenue and Expenditure. + +Federal and State finance reports furnish official information. +Seligman's _Finances of American States and Cities_, published by the +American Statistical Association, 1890, is valuable, and furnishes +excellent statistical and tabulated information. Ely's _Taxation in +American States and Cities_ contains much information. Spofford's +article on _The Budget_ in Lalor's _Encyclopaedia_ is extremely +instructive. H.C. Adams' _Public Debts_ is one of the ablest financial +works in the English language. The proper administration of Federal and +State finances is discussed, and the subject of national and local debts +considered. Bolle's _Financial History of the United States_, in three +large volumes, is an able work, and can be consulted with profit. + +Census Bulletins, Nos. 6 and 7, describe respectively _The Indebtedness +of States in 1880 and 1890_, and _The Financial Condition of Counties_. + + +Money. + +See reports of the Director of the Mint, and of the Comptroller of the +Currency. See also Knox's _United States Notes_; Simmer's _History of +American Currency_, and text-books on _Political Economy_. + + +Public Lands of the United States. + +Sato's _History of the Land Question in the United States_, Johns +Hopkins University Studies, Series IV, is the best book for reference. +The official source of information regarding the public lands is +Donaldson's enormous report of 1341 pages on _The Public Domain: its +History with Statistics_ (1884), published by the government (House +Executive Documents 47, Part 4, 46th Congress, 3d Session.) For a short +account of _The Disposition of Our Public Lands_, see an article by A.B. +Hart, in the Quarterly Journal of Economics, January, 1887. Statistical +tables are appended to this article. + + +Reconstruction. + +See Johnston's article in Lalor's _Encyclopaedia_, and authorities there +cited. Also McPherson's _History of Reconstruction_, Dunning's _United +Stales Constitution in Civil War and in Reconstruction_, and W.E. +Foster's _References on the United States Constitution in Civil War_, +about to be published (1891). + + +Party Machinery and National Conventions. + +See especially Bryce's _American Commonwealth_, and Ostrogorski's +_Organisation des parties politiques aux Etats-Unis_. On the Caucus see +Whitridge's _The Caucus System_, published as "Economic Tract" No. 8, by +the Society for Political Education, New York. + + +Political Parties. + +Winsor's _Narrative and Critical History of America_ contains a short +history of political parties by Professor Alexander Johnston. See also +Johnston's admirable manual, _History of American Politics_, a book +especially adapted for school use. Von Holst's _Constitutional and +Political History of the United States_, six volumes, contains the most +comprehensive treatment of the history of political parties. Schouler's +_History of the United States under the Constitution_, is an exceedingly +able and interesting work. Four volumes bring this history down to 1847. +The fifth volume soon to appear, will bring the narrative down to the +Civil War. + +The first volume of Von Holst is especially interesting, as giving +statements of the various theories held regarding the origin and nature +of our constitution. Upon Nullification and Secession, see Von Holst's +_Life of Calhoun_; Stephens' _War between the States_; Greeley's +_American Conflict_; McPherson's _Political History of the Rebellion_; +and articles in Lalor's _Encyclopaedia_. The _American Statesman +Series_, now being published by Houghton, Mifflin & Co., contains +valuable biographies of leading American statesmen. See especially in +this series Schurz's _Henry Clay_; Morse's _Jefferson_; Lodge's +_Webster_; and Von Holst's _Calhoun_. Upon the Economic contrasts +between the North and South, see Von Holst's Constitutional History, +Vol. I, Chapters IX and X. Taussig's _History of the Tariff_, gives the +best history of this much debated subject. + + + + + + + +End of the Project Gutenberg EBook of Government and Administration of the +United States, by Westel W. Willoughby and William F. 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