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diff --git a/38014.txt b/38014.txt new file mode 100644 index 0000000..8dde642 --- /dev/null +++ b/38014.txt @@ -0,0 +1,15036 @@ +The Project Gutenberg eBook, Government in the United States, by James +Wilford Garner + + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. 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 in the United States + National, State and Local + + +Author: James Wilford Garner + + + +Release Date: November 14, 2011 [eBook #38014] + +Language: English + +Character set encoding: ISO-646-US (US-ASCII) + + +***START OF THE PROJECT GUTENBERG EBOOK GOVERNMENT IN THE UNITED STATES*** + + +E-text prepared by Juliet Sutherland, Julia Neufeld, and the Online +Distributed Proofreading Team (http://www.pgdp.net) + + + +Note: Project Gutenberg also has an HTML version of this + file which includes the original illustrations. + See 38014-h.htm or 38014-h.zip: + (http://www.gutenberg.org/files/38014/38014-h/38014-h.htm) + or + (http://www.gutenberg.org/files/38014/38014-h.zip) + + +Transcriber's note: + + Text enclosed by underscores is in italics (_italics_). + + Text enclosed by equal signs is in bold face (=bold=). + + Small capital text has been replaced with all capitals. + + + + + +[Illustration: CAPITOL, WASHINGTON, D.C.] + + +GOVERNMENT IN THE UNITED STATES + +National, State, and Local + +by + +JAMES W. GARNER + +Professor of Political Science in the University of Illinois + + + + + + + +New York Cincinnati Chicago +American Book Company +Copyright, 1911, 1913, 1919, 1920, by +James W. Garner + +Copyright, 1922, by +American Book Company + +Entered at Stationers' Hall, London + +Govt. U. S. +W. P. 29 + +Made in U. S. A. + + + + +PREFACE + + +My aim in the preparation of this book has been to present in an +elementary way the leading facts concerning the organization and +activities of national, state, and local government in the United +States. I have given rather greater emphasis than is customarily done in +textbooks of this character to what may be called the dynamics of +government, that is, its actual workings, as contradistinguished from +organization. Likewise, I have laid especial stress upon the activities +and methods of political parties, party conventions, primaries, the +conduct of political campaigns, the regulation of campaign methods, and +the like. The increasing importance of citizenship has led me to devote +a chapter to that subject. To encourage wider reading among students, I +have added to each chapter a brief list of references to books which +should be in every high school library. The great value of illustrative +material as a means of acquainting students with the spirit and actual +methods of government is now recognized. For the convenience of +teachers, I have therefore added at the end of each chapter a list of +documentary and other illustrative material, most of which can be +procured without cost and all of which may be used to advantage in +supplementing the descriptive matter in the textbook. To stimulate the +spirit of research and to encourage independent thinking among students, +I have also added at the end of each chapter a list of search questions +bearing upon the various subjects treated in the chapter. + +I am under obligations to a number of teachers for reading the proof +sheets of this book and for giving me the benefit of their advice. Among +those to whom I am especially indebted are Mr. Clarence O. Gardner, +formerly assistant in political science in the University of Illinois, +Mr. W. A. Beyer, of the Illinois State Normal University, Mr. C. H. +Elliott, of the Southern Illinois State Normal University, Mr. E. T. +Austin, of the Sterling Township (Ill.) High School, and Mr. William +Wallis, Principal of the Bloomington (Ill.) High School. + + J. W. GARNER + +URBANA, ILLINOIS. + + + + +CONTENTS + + + CHAPTER PAGE + + I. LOCAL GOVERNMENT: TOWNS, TOWNSHIPS, AND COUNTIES 5 + + II. LOCAL GOVERNMENT, CONTINUED: CITIES AND VILLAGES 25 + + III. THE STATE GOVERNMENTS 57 + + IV. THE STATE LEGISLATURE 73 + + V. THE STATE EXECUTIVE 91 + + VI. THE STATE JUDICIARY 109 + + VII. SUFFRAGE AND ELECTIONS 125 + + VIII. POLITICAL PARTIES AND NOMINATING METHODS 144 + + IX. THE ESTABLISHMENT OF THE UNION 159 + + X. THE TWO HOUSES OF CONGRESS 174 + + XI. ORGANIZATION AND PROCEDURE OF CONGRESS 197 + + XII. FEDERAL FINANCE, TAXATION, AND MONEY 217 + + XIII. THE REGULATION OF COMMERCE 236 + + XIV. OTHER IMPORTANT POWERS OF CONGRESS 248 + + XV. THE PRESIDENCY: ORGANIZATION AND MODE OF ELECTION 274 + + XVI. THE PRESIDENCY, CONTINUED: INAUGURATION, POWERS AND DUTIES 298 + + XVII. THE CABINET AND THE EXECUTIVE DEPARTMENTS 324 + + XVIII. THE FEDERAL JUDICIARY 353 + + XIX. GOVERNMENT OF THE TERRITORIES AND DEPENDENCIES 369 + + XX. CITIZENSHIP 383 + + ARTICLES OF CONFEDERATION 393 + + CONSTITUTION OF THE UNITED STATES 399 + + INDEX 411 + + + + + +GOVERNMENT IN THE UNITED STATES + +CHAPTER I + +LOCAL GOVERNMENT: TOWNS, TOWNSHIPS, AND COUNTIES + + +=Kinds of Local Government.=--Most of us live under at least four +different governmental organizations: the government of the United +States, the government of a state, the government of a county, and the +government of a minor division, usually called a town or township. In +addition to (or sometimes instead of) the county or township government, +many of us live under a special form of government provided for urban +communities,--cities, villages, or boroughs,--where the population is +comparatively dense and where, therefore, the somewhat simple form of +government provided for rural communities is insufficient. If the people +of the smaller communities are allowed to choose their own public +officials and, within certain limits, to determine their own policies in +public matters of a local character, they have a system of _local +self-government_. If, on the contrary, they are governed by some distant +central authority which determines their local policies and by which +their local officials are appointed, they live under a system of +_centralized government_. + +=Merits of Local Self-Government.=--In the United States, the privilege +of local self-government is regarded as one of the chief merits of our +political system, and it is often declared to be one of the inalienable +rights of the people. One great advantage of local self-government is +that it brings government near the door of every citizen, and permits +the people of each locality, who are most familiar with their own local +conditions and who know best what are their local needs, to regulate +their own affairs as they see fit. Also, such a system is well +calculated to secure responsibility. So long as the local authorities +are chosen by the community from its own inhabitants and are constantly +under the eyes of the people, to whom they are responsible, they can be +more effectively controlled by local public opinion than is possible +where they are chosen by authorities distantly removed. Another +important advantage of local self-government is that it serves as a +training school for the political education of the citizens. Allow them +the privilege of choosing their own local officials and of regulating +their own local concerns, and their interest in public affairs will be +stimulated and their political intelligence increased and broadened. +This not only will tend to secure more responsible government (local, +state, and national), but will produce a more active type of +citizenship. + +=Importance of Local Government.=--With the growth and congestion of +population in centers, and the increasing complexity of our industrial +and social life, the importance of local self-government has enormously +increased. The local governments touch us at many more points to-day +than does either the state or the national government; they regulate a +far larger proportion of the concerns of our everyday life; and hence we +feel the effects of corrupt or inefficient local government more keenly +than we feel the effects of inefficient state or national government. +We depend largely upon our local governments for the maintenance of the +peace, order, and security of the community; for the protection of the +public health; for the support of our schools; for the construction and +maintenance of roads and bridges; for the care of the poor; and if we +live in a city, for protection against fire, for our water supply, +usually, and for many other services essential to our comfort and +happiness. Finally, the larger proportion of the taxes we pay goes +toward the support of local government--a fact which makes it very +important that our local governments should be efficiently, honestly, +and economically conducted. + +=Types of Local Government.=--The form of local government existing in +each state is such as the state itself provides, the national government +having no authority whatever over the matter. Such differences as exist +are more largely the result of historical conditions growing out of the +early settlement of the states, than of any pronounced differences of +opinion among the people in regard to forms of government. Since +colonial times there have been three general types of local rural +government in America: the _town system_, in New England; the _county +system_, which originated in Virginia and spread to other colonies and +states; and the _county-township type_--a combination of the first two +forms--which developed in the middle colonies of New York and +Pennsylvania and was carried to many Western states by settlers from the +middle states, and is now the most common form to be found. + + +TOWN GOVERNMENT + +=Town and County in New England.=--The characteristic feature of the +town system of government is that the management of local affairs +devolves mainly upon the town (or township, as it is usually called +outside of New England), while the county is little more than an +administrative district for judicial and election purposes. In some of +the New England states, where the town system originated and where it +exists in its purest form, the county is almost ignored as an area for +local government. In Rhode Island it performs practically no duties of +local government and is merely a judicial district; there no county +officers are to be found except the sheriff and clerks of the courts. In +the other New England states the county plays a more important part than +it does in Rhode Island, but in none of them does it share with the +towns in anything like an equal measure the burden of local government. + +=The New England Town.=--The towns of New England are the oldest +political communities in America, some of them being older in fact than +the counties and states of which they are a part. Generally they vary +from twenty to forty square miles in area, and are irregular in shape, +being in this respect unlike the townships of many Western states, which +were laid out in squares, each with an area of thirty-six square miles. +In population they vary from a few hundred persons to more than 130,000 +as is the case with New Haven, which, though an incorporated city, +maintains a separate town organization. + +=Powers of Town Government.=--The functions performed by the town +governments are varied and numerous. The most important, however, are +the support and management of public schools, the laying out and +maintenance of roads, the construction of bridges, the care of the poor, +and in the more populous towns, fire protection, health protection, the +maintenance of police, lighting, paving of streets, establishment of +parks, public libraries, etc. The towns also have power to enact +ordinances of a police character, relating to such matters as bicycle +riding on sidewalks, the running of animals at large, etc. + +In addition to the management of the purely local affairs of the +community, the town acts as the agent of the state government for +carrying out certain state laws and policies. Thus it assesses and +collects the state taxes, keeps records of vital statistics, enforces +the health laws of the state, and acts for the state in various other +matters. Finally, except in Massachusetts, the town is a district for +choosing members of at least one branch of the legislature, and +everywhere in New England it is a district for state and national +elections.[1] + + [1] Fairlie, "Local Government," p. 147. + +=The Town Meeting.=--The central fact in the system of town government +in New England is the town meeting, or assembly of the qualified voters +of the town. The annual meeting is usually held in the early Spring +(except in Connecticut, where it is generally held in October) and +special meetings are called from time to time as necessity may require. +All persons qualified as voters under the state laws are entitled to +attend and take part in the proceedings of the meeting. Formerly +non-attendance was punishable by a fine, but that is no longer resorted +to; it being supposed that each voter's interest will be sufficient +inducement to secure his presence. The attendance is larger in the towns +of New England than in the states of the West where the town meeting +exists, and it is larger in urban towns than in those of a rural +character. Formal notice must be given of the time and place of the +meeting, and this is done by a warrant issued by the selectmen, which +specifies also the matters of business to be considered. This notice +must be posted in conspicuous places a certain number of days before the +meeting. No other matters than those mentioned in the warrant can be +introduced or considered. The meetings are usually held in the town +hall, though in the early history of New England they were frequently +held in the church, which was thus a "meeting house" for civil as well +as for church purposes. + +The meeting is called to order by the town clerk, who reads the warrant, +after which an organization is effected by the election of a presiding +officer called a moderator, and business then proceeds in accordance +with the customary rules of parliamentary law. The next order of +business is the election of the town officers for the ensuing year. This +done, appropriations are made for the payment of the public expenses of +the town, and the other measures necessary for the government of the +town are then discussed and adopted. The most interesting fact about the +New England town meeting is the lively discussion which characterizes +its proceedings. Any voter may introduce resolutions and express his +opinion on any proposition before the assembly. One great advantage of +this system of local government is its educative effect upon the +citizens. It affords a means of keeping alive interest in public affairs +and thus tends to develop a more intelligent citizenship. Important +measures may be carefully discussed and criticized before the final vote +is taken, and it is difficult to "railroad" or smuggle an objectionable +measure through, as is sometimes done in the legislatures and city +councils. Everything the officials and committees of the town have done +is subject to be criticized, everything they are to do is subject to be +regulated by the meeting. The final action of the meeting, therefore, is +pretty apt to represent the real wishes of the people. + +=Conditions Unfavorable to Government by Town Meeting.=--Various causes, +however, are at work in some parts of New England to weaken the system +of government by town meeting and to render it less suited to the modern +conditions under which it must be operated. The growth of manufacturing +industries in many of the towns has introduced a conflict of interests +between factory owners and operators on the one hand, and farmers on the +other. The result is occasional squabbles and controversies which are +not favorable to government by mass meeting. The influx of foreigners +who are unaccustomed to local self-government and who are therefore +unfamiliar with the duties of citizens in self-governing communities has +in recent years also introduced an unfavorable element. Finally, the +caucus has gained a foothold in many towns so that the election of +officers and the determination of important policies are often +controlled by a small group of persons who get together prior to the +town meeting and prepare a "slate" which is put through without adequate +discussion. It is also to be noted that with the growth of population, +many of the towns have become too populous to be governed effectively by +mass meeting. Frequently the town hall is too small to accommodate all +the voters who attend, and satisfactory debate under such conditions is +impossible. Often when a town reaches this size it organizes itself into +a municipal corporation, and a city council takes the place of the +popular assembly, but there are many places of considerable size which +still retain the town organization. + +=Town Officers.=--_Selectmen._--From the beginning of town government it +was necessary to choose agents to look after the affairs of the +community during the interval between town meetings. These persons were +called _selectmen_, and they have retained the name until the present +day. + +Every town now has a body of selectmen chosen at the annual meeting, +usually for one year (in Massachusetts for three years) to act as a +general managing board for the community. The number for each town +varies from three to nine according to the size of the town, three being +the most usual number. Reelections are frequent; one selectman in +Brookline, Massachusetts, served nearly forty years. Their duties vary +in the different towns. Generally they issue warrants for holding town +meetings, lay out roads, impanel jurors, grant licenses, abate +nuisances, arrange for elections, control the town property, hear +complaints, sometimes assess taxes (especially in the small towns), and +may appoint police officials, boards of health, overseers of the poor, +and other local officers if they are not chosen by the voters assembled +in the town meeting. + +_The Town Clerk._--Besides the selectmen, there are various other +officers of the town, the number varying according to its size and +importance. One of the most important of these is the _clerk_, who +performs some duties discharged by the county clerk in states outside of +New England. The town clerk is elected at the annual town meeting, and +is frequently reelected from year to year. His principal duties are to +keep the records of the town meetings, and of the meetings of the +selectmen, issue marriage licenses, and keep registers of births, +marriages, and deaths. + +_Assessors and Treasurer._--In the large towns there are assessors of +taxes, who prepare tax lists; in the smaller ones, as stated above, the +selectmen act as assessors. In all of the towns there is a town +treasurer who receives and takes care of all taxes collected from the +citizens, turning over to the proper officers the portion which goes to +the state and to the county. He also keeps an account of all receipts +and disbursements and makes an annual report to the town meeting. + +_Overseers of the Poor._--To care for the pauper and dependent class +there are usually one or more overseers of the poor elected by the town +meeting, though in the smaller towns the selectmen perform this duty. +Their principal function is to determine who shall receive public aid. + +_Constables._--In every town one or more constables are elected. +Formerly this office, like that of sheriff, was one of dignity and +influence, but it has lost much of its early importance. As the sheriff +is the peace officer of the county, the constables are the peace +officers of the town. They pursue and arrest criminals and execute +warrants issued by the selectmen and by the justices of the peace. In +addition they sometimes summon jurors and act as collectors of the +taxes. + +_School Committee._--Generally there is also a school committee elected +at the town meeting. It is charged with establishing and visiting +schools, selecting teachers, prescribing the courses of instruction, and +appointing truant officers. + +_Other Town Officials_ are justices of the peace; road surveyors or +similar officers with other titles, charged with keeping public roads +and bridges in repair; field drivers and poundkeepers, who take up and +keep stray animals until claimed by their owners; fence viewers, who +settle disputes among farmers in regard to partition fences and walls; +sealers of weights and measures, who test the accuracy of scales and +measures; surveyors of lumber; keepers of almshouses; park +commissioners; fish wardens; inspectors of various kinds; and a host of +other minor officials, some of whom bear queer titles, and many of whom +serve without pay or receive only trifling fees for their services. In +some of the small towns, officials are so numerous as to constitute a +goodly proportion of the population. The town of Middlefield (Mass.), +for example, with only eighty-two voters recently had a total of +eighteen officials.[2] + + [2] Hart, "Actual Government," p. 172. + +=Town Government in the West.=--Town government is not confined to New +England; it has been carried to many Western states where immigrants +from New England have settled, though in none of them does it possess +the vitality or play the important part in the management of public +affairs that it does in the older communities where it originated. In +the states of the South and the far West, there is no general system of +town government. Counties, however, are usually divided into districts +for a few unimportant purposes. + + +COUNTY GOVERNMENT + +=The County.=--The county[3] is a civil division created by the state +partly for purposes of state administration and partly for local +government. New York city embraces within its boundaries five counties; +other cities, like Chicago, Cleveland, Buffalo, and Cincinnati, contain +within their limits the larger part of the population of the counties in +which they are situated. The population of a large majority of the +counties, however, is predominantly rural rather than urban in +character, and where there is a large city within a county, most of the +affairs of that portion of the county lying within the city limits are +managed by the city government. + + [3] The corresponding division in Louisiana is called a parish. + +_Population and Area._--The population of the counties, and their areas, +vary widely. Several counties in Texas in 1910 had less than 400 +inhabitants each, New York county, on the other hand, had more than +2,750,000. The most populous counties are in the Eastern states, and +the least populous in the South and West. There are now about 3,000 +counties in all the states, the number in each state ranging from three +in Delaware and five in Rhode Island to 244 in Texas. In proportion to +population Massachusetts has a smaller number (fourteen) than any other +state in the Union. In many states the minimum size of counties is fixed +by the constitution. The minimum limit where it is fixed by the +constitution is usually 400 square miles, though in some states it is +600 or 700 and in Texas it is 900 square miles. Where no such +restrictions have been prescribed, however, as in some of the old +states, the area is sometimes very small. In Rhode Island, for example, +there is one county with an area of only 25 square miles. New York has +one county (New York) with an area of 21 square miles, and another (St. +Lawrence) with an area of 2,880 square miles. On the other hand, Choteau +county in Montana has an area of over 16,000 square miles, being +considerably larger than the combined area of several of the smaller +states. + +To prevent the legislature from creating new counties or altering the +boundaries of existing counties against the wishes of the inhabitants, +and to secure to the people home rule in such matters, the constitutions +of a number of states provide that new counties may be formed, or the +area of existing counties altered, only with the consent of the +inhabitants concerned, given by a direct popular vote on the question. + +_Functions of the County._--The county is a judicial and elective +district, and the jails and courthouses and sometimes the almshouses are +county rather than town institutions. Outside of New England the county +is also often the unit of representation in the legislature; and it acts +as an agent of the state in collecting taxes and executing many laws. + +=County Officers.=--_The County Board._--The principal county authority +is usually a board of commissioners or supervisors (in Louisiana it is +called the police jury), elected by the voters either from the county at +large or from districts into which the county is divided. In most states +it is a small board, usually three or five members; in some it is +larger, being composed of one member from each township in the county. +In a few Southern states (Kentucky, Tennessee, and Arkansas), the county +court of justices of the peace still acts as the county board, as in +Colonial days. + +This board is both a legislative and an administrative body for the +county, for the executive and legislative functions in local government +are not always kept so separate and distinct as they are in the state +and national governments. It levies taxes, appropriates money for +meeting the public expenses, has general control of county finances, has +charge of county buildings and other property, settles claims against +the county, approves bonds of county officials, and in many states it +establishes roads, lets contracts for the erection of bridges and other +public works and for repairing them, licenses ferries and sometimes +inns, saloons, peddlers, etc., cares for the poor and dependent classes, +and performs numerous other services which vary in extent and character +in the different states. + +[Illustration: Pueblo County Court House, Colorado] + +[Illustration: Polk County Court House, Florida] + +_The Sheriff._--The most important executive officer of the county is +the sheriff. This office is a very ancient one, though it has lost much +of its former dignity and importance. The sheriff is elected by the +people of the county, in all of the states except Rhode Island (where he +is chosen by the state legislature), for a term ranging from one to four +years, the most usual term being two years. The sheriff is usually +assisted by a number of deputies, who are either regularly employed by +him or especially summoned in case of emergencies. He is the general +conservator of the peace of the county and is charged with attending the +court as its executive officer and with carrying out its orders, whether +it be to sell property for nonpayment of taxes, to seize and sell +property in execution of a judgment, or to hang a convicted criminal. He +has the power, and it is his duty, to arrest offenders and commit them +to the jail, of which he is usually the custodian, and to this end he +may summon to his aid the _posse comitatus_, which consists of the +able-bodied male citizens of the county. In case of serious disturbance +and riot he may call on the governor for the aid of the militia. He must +exercise reasonable care for the safe-keeping of prisoners in his +custody, and in some states he may be removed from office by the +governor for negligence in protecting them against mob violence. In some +of the Southern states he is _ex officio_ tax collector and in some he +is also _ex officio_ public administrator. Other duties of a special +nature are imposed upon sheriffs in different states. + +_The Coroner._--Next to the sheriff among county officers in point of +origin is the coroner, whose principal duty is to hold inquests upon the +bodies of persons who are supposed to have died from violence or other +unlawful means. In such cases it is the duty of the coroner to impanel a +jury, usually of six persons, who from the testimony of witnesses, if +there are such, and with the aid of a physician or other expert, decide +the facts as to how the deceased met his death. A coroner's inquest, +however, is not a trial but merely an inquiry into the circumstances of +the death. By an old common-law rule, the coroner usually succeeds to +the office of sheriff in case the latter dies or for any other reason is +disqualified from acting. + +_County Clerk._--Usually in every county there is an official called the +county clerk, who in most states serves both as the clerk of the county +board of commissioners, and as clerk of the county court and of the +circuit court. In the former capacity he keeps a record of the +proceedings of the meeting of the board. His books must contain a record +of all bids for the erection of county buildings, of all contracts let, +notices of elections ordered, licenses granted, roads laid out or +changed, and indeed of all transactions of the board. As clerk of the +court he must prepare and keep the docket of all cases for trial and of +the judgments entered, issue processes and writs, certify to the +accuracy of transcripts from the records of the court, and keep all +papers and records of the court. In Pennsylvania and Delaware the clerk +of the common pleas court is known as a "prothonotary"; in Massachusetts +the clerks of the probate courts are styled "registers of probate." + +In a few states these two sets of duties are intrusted to different +officials, one of whom is styled the county clerk and the other the +clerk of the court. Usually the county clerk is also an election +officer, being charged with the giving of notices of elections, the +preparation of ballots, and the keeping of election records. County +clerks are usually elected by the people of the county for a period +ranging from one to four years, and reelection is much more frequent +than is the case with other county officials, because of the greater +need of experience and familiarity with the duties of the office.[4] + + [4] In Vermont and Connecticut, however, they are appointed by the + judges and hold during their pleasure, while in Rhode Island they are + elected by the legislature annually. + +_County Treasurer._--An important county officer is the treasurer, who +receives and has custody of the state and county taxes, though in a few +states having the county system of local government there are special +tax collectors, and, as we have seen, in some of them these duties are +performed by the sheriff.[5] Nearly everywhere the office is filled by +popular election, though in a few states treasurers are chosen by the +county board or appointed by the governor. On account of the large sums +of money often intrusted to their keeping, they are usually placed under +heavy bond to insure the state and county against loss in case of +defalcation or other misapplication of the funds in their charge. County +treasurers frequently deposit the public funds in local banks and retain +for themselves the interest which they receive therefrom. Recently the +treasurer of Cook county, Illinois, agreed before his election to turn +over to the county all interest received by him on county funds +deposited in banks, and in 1904 nearly half a million dollars was thus +paid into the county treasury by him. + + [5] Rhode Island is the only state in which there is no such official + as the county treasurer, the custody of local funds being intrusted + to the town treasurers. + +_County Auditor._--In a number of states the office of county auditor +has been provided. Generally he keeps the accounts of the county, so as +to show the receipts and expenditures of the public moneys, and issues +warrants upon the treasurer for the payment of bills authorized by the +county board. In some states his duties are limited merely to an +examination of the accounts of county officers to see that they have +been properly kept and that there has been no misapplication of public +funds. + +_Recorder of Deeds._--In all the states there are officials charged with +keeping records of certain legal documents such as deeds, mortgages, and +leases. They are designated by different names, the most usual being +register of deeds or recorder of deeds. They make exact copies of the +instruments to be recorded, enter them in large books, and keep indexes +by which such instruments can be readily found. In some states these +duties are performed by the county clerk. The importance of the office +is evident because upon the careful preservation and accuracy of the +records must depend in many cases our rights to property. + +_School Officers._--In the states outside New England there is usually a +county superintendent or commissioner of schools and in most of the +Southern states a county school board. In a large majority of the states +the county superintendent is elected by the people, though in a few he +is appointed by the governor, elected by the local school boards, or +chosen in other ways. The principal duties of the superintendent of +schools are to examine teachers, issue certificates to teach, visit the +schools, organize teachers' institutes, give advice on educational +matters to teachers and school trustees, make reports to the state +superintendent of public education, sometimes decide questions appealed +to him from the district trustees, and in general watch over and promote +the educational interests of the county. County school boards in the +South establish schools as do the town school committees and school +district boards in other states. + +_Other County Officials_ are the surveyor, who makes surveys of land +upon the application of private owners, prepares plats, and keeps +records of the same; superintendent or overseers of the poor, who have +charge of almshouses, hospitals, and poor farms where they belong to the +county; health officers or boards of health, whose duties are indicated +by their titles; and occasionally other minor officials with varying +titles and duties.[6] + + [6] The county court and the justices of the peace are discussed in + the chapter on the state judiciary (chapter vi). + + +THE COUNTY-TOWNSHIP SYSTEM + +In most states the general type of local government is that which we +have designated as the county-township system. It is a system in which +there is a more nearly equal division of local governmental functions +between the county and township than is found either in New England or +in the Southern states. + +=The Two Types.=--Growing out of the fact that the county-township +system has two sources it has developed into two different types: the +New York or supervisor type and the Pennsylvania or commissioner type. + +_A. New York Type._--In New York the town with its annual meeting early +made its appearance, though the town meeting there never exhibited the +vigor and vitality that it did in New England. Early in the eighteenth +century a law was enacted in New York providing that each township in +the county should elect an officer called a _supervisor_, and that the +supervisors of the several towns should form a county board and when +assembled at the county seat should "supervise and examine the public +and necessary charge of each county." In time the management of most of +the affairs of the county was devolved upon the board of supervisors, +and the system has continued to the present. This board is now composed +of not only the supervisors of the townships but also the +representatives of the various villages and wards of the cities within +the county. The county board thus represents the minor civil divisions +of the county rather than the county as a whole. It has charge of +various matters that in New England are managed by the towns. The town +meeting exists but it is not largely attended, and does not play the +important role in local government that it does in New England. This +system in time spread to those states, like Michigan, Illinois, and +Wisconsin, which were largely settled by immigrants from New York. + +_B. The Pennsylvania Type._--As New York was the parent of the +supervisor system, Pennsylvania became the parent of the commissioner +system. Instead of a county board composed of representatives from the +various townships in the county, provision was made for a board of +commissioners elected from the county at large. The Pennsylvania system +spread to Ohio and from there to Indiana and later to Iowa, Kansas, +Missouri, Nebraska, North Dakota, and South Dakota. In some states the +commissioners are elected by large districts into which the county is +divided for that purpose. + +Thus, first to New York, and second to Pennsylvania belongs the honor of +predetermining the character of local government in the West. The +county-township system is the most widely distributed system of local +government in the United States, and seems destined to become the +prevailing system for the country as a whole.[7] The principal +difference between the two types consists in the presence of the town +meeting in the northern tier of states where the New York type prevails, +and its absence in the states where the Pennsylvania type was +introduced; in the different manner in which the county boards are +constituted; and in the relative importance of the county and township +in the local governments of the two groups of states. + + [7] Goodnow, "Comparative Administrative Law," Vol. I, p. 178. + +=Conflict of Different Systems in the West.=--An illustration of the +attachment of the people of different parts of the country to the local +institutions to which they were early accustomed, is found in the +conflict which took place in Illinois between the settlers in the +northern and southern parts of the state. The southern part of the +state was settled largely by people from the South, who brought with +them the Southern ideas of local government, and as they constituted the +bulk of the population of the state at the time it was admitted to the +Union, the system of county government was established by law throughout +the state; but the county board was organized on the Pennsylvania plan +and not according to the old Southern system. The northern part of the +state, on the other hand, was settled mainly by people from New England, +who were likewise strongly attached to the local government to which +they had been accustomed. They succeeded, therefore, in securing the +adoption of a clause in the constitution (1848), allowing the people of +each county to adopt the township system whenever the majority of the +legal voters of the county voting at any general election should so +determine. Under the operation of this "home rule" provision, 85 of the +102 counties of the state have adopted the township system. A somewhat +similar conflict occurred in Michigan, where the Pennsylvania +commissioner system was first introduced, but with the influx of +inhabitants from New York and New England dissatisfaction with that +system increased until finally it was displaced by the New York or +supervisor type. + + =References.=--BEARD, American Government and Politics, ch. xxix. + BRYCE, The American Commonwealth (abridged edition), chs. + xlvii-xlviii. FAIRLIE, Local Government in Towns, Counties and + Villages, chs. iv-v, viii-xi. FISKE, Civil Government in the U. S., + chs. ii-iv. HART, Actual Government, ch. x. HINSDALE, American + Government, ch. lv. WILSON, The State (revised edition), secs. + 1035-1043. WILLOUGHBY, Rights and Duties of Citizenship, pp. + 260-265. + + =Documentary and Illustrative Material.=--1. A map of the state + showing its division into counties. 2. A map of the county showing + the towns, townships, supervisors' districts, or other civil + subdivisions. 3. A copy of a town meeting warrant. 4. A copy of + the proceedings of the county board or town meeting, as published + in the local newspaper. 5. The legislative manual or blue book of + the state in which lists of counties and their subdivisions, with + their population, area, officers, and other information may be + found. Usually this may be procured from the secretary of state. 6. + Reports of county officers. 7. Copies of the state constitution, + which may usually be obtained from the secretary of state; and, if + possible, a copy of the revised statutes of the state. 8. Volume of + the census report on population. + + +RESEARCH QUESTIONS + +1. What is the distinction between local self-government and centralized +government? What are the advantages of a system of local +self-government? + +2. Why should counties, towns, and cities be subject in some measure to +the control of the state? + +3. What are the provisions in the constitution of your state in regard +to local government? + +4. How many counties are there in your state? What is the area and +population of the largest? of the smallest? + +5. How may new counties be created in your state? How may old counties +be divided? How are county seats located? + +6. Enter in your notebook a list of the county officers in your county. +For how long a term is each elected? + +7. Which one of the three forms of local government described above does +the system under which you live most nearly approach? + +8. How many members are there on your county board? Are they called +commissioners or supervisors? Are they elected from the county at large +or from districts? + +9. What are the political subdivisions of your county called, and how +many are there? + +10. If you live in a state where the town system of local government +exists, make a list of the town officers and state their duties. + +11. Is the town meeting a part of the system of local government where +you live? If so, how often is it held? + +12. Are the public roads in your community under county or town control? +the poorhouse? the assessment and collection of taxes? + +13. How many justices of the peace and constables are there in your town +or district? Give their names. + + + + +CHAPTER II + +LOCAL GOVERNMENT, CONTINUED: CITIES AND VILLAGES + + +=Need of Municipal Government.=--The systems of local government +described in the preceding chapter are those which have been devised +mainly for rural communities, that is, communities containing a +scattered population engaged principally in agricultural pursuits. In a +sparsely settled community the governmental needs of the people are +comparatively few, and a simple governmental organization is sufficient +for supplying those needs. In a densely populated community, however, a +more complex and differently organized form of government must be +provided. When, therefore, a community becomes so populous that it +cannot be governed effectively by town meetings, small boards, and the +other forms of political machinery described in the previous chapter, it +is incorporated as a municipality, that is, the state gives it a charter +which confers upon it special powers and privileges and provides it with +a somewhat different type of local government for the exercise of those +powers. The minimum population necessary to constitute a city varies in +the different states. They all require, however, that there must be a +considerable number of inhabitants occupying a comparatively small area +of territory, before the community can be incorporated as a city. In +Illinois, for example, any community having at least 1,000 inhabitants +resident within an area not exceeding four square miles may become a +city. In some other states, a population of not less than 5,000 is +required, while in some a still larger number is required. The census +bureau of the United States, for statistical purposes, has at different +times taken 8,000 and 2,500 as the minimum population required to +constitute a city. + +=Growth of Cities.=--One of the most remarkable political and social +facts of the past century was the growth of towns and cities. When the +Constitution of the United States went into operation there were but +thirteen cities in the whole country with populations exceeding 5,000 +each. Only about four per cent of the people then lived under urban +conditions: rural life was the rule, and city life the exception. Since +the middle of the last century, however, there has been a remarkable +change in the relative proportion of the total population living in the +cities and in the country. According to the federal census of 1910 there +were 1,232 cities in the United States with a population of more than +5,000 each, and in them lived 42 per cent of all the people. The number +is now considerably larger. It is estimated that 90 per cent of the +people of Massachusetts now live in cities of over 5,000 inhabitants, +and in a few other states the urban population constitutes more than two +thirds of the whole. More than half the population of New York state is +now found in the city of New York alone. Even in several states of the +West, as Illinois, more than half the population is now living under +urban conditions. What is even more remarkable has been the rapidity +with which many American cities have grown to their present size. Thus +New York in a period of 100 years grew from a city of 50,000 inhabitants +to a city of more than 4,000,000. The growth of Chicago was even more +rapid. In 1907 there was still living in that city the first white +person born within its present limits. This person saw Chicago grow from +a petty prairie village to a city of more than 2,000,000 souls. + +=Causes of City Growth.=--The causes that have led to the extraordinary +growth of cities are partly economic and partly social. With the more +general use of labor-saving machinery in agriculture the number of men +necessary to cultivate the farms and supply the world with food has +decreased relatively, leaving a larger number to engage in the +manufacturing and other industries which are generally centered in the +cities. One man with a machine can now do the work on the farm which +formerly required several, so that fewer farmers in proportion to the +total population are needed. On the other hand, the development of trade +and commerce and the rise of the manufacturing industries have created +an increasing demand for city workers. Many persons are also drawn away +from the country by the social attractions and intellectual advantages +which the cities offer. In the cities, good schools are abundant and +convenient. There also are colleges, libraries, picture galleries, +museums, theaters, and other institutions for amusement and education. +There the daily newspaper may be left at one's door often for a cent a +copy; there are to be found fine churches with pulpits occupied by able +preachers; there one finds all the conveniences of life which modern +science and skill can provide--everything to gratify the social +instinct, and little or none of the dullness of country life. These are +some of the attractions that lure the young and the old as well from the +rural communities to swell the population of the cities. These are the +forces that are converting us from a nation of country dwellers to a +nation of city dwellers. + +=Consequences of City Growth.=--The congestion of the population in the +towns and cities has had far-reaching economic, social, and political +effects. + +_Economic Results._--As the city population becomes more dense the +number of those who are able to own their own homes becomes less, and +thus the city tends more and more to become a community of tenants. +According to the census of 1900, while more than 64 per cent of the +families of the United States living on farms owned their own homes, +less than 35 per cent of those living in cities were owners of the +houses they occupied. In New York city the proportion was only about 12 +per cent, and in the boroughs of Manhattan and the Bronx it was less +than 6 per cent. Of these hardly more than 2 per cent owned homes that +were clear of mortgages. + +_Social Results._--Another result of the movement of the people to the +cities is the evil of overcrowding. Manifestly where the area of a city +is limited, as is often the case, there must come a time when the +population will be massed and crowded together under circumstances that +are dangerous to the health, morals, and comfort of the people. In some +of the large cities to-day the conditions resulting from overcrowding +are truly shocking. According to the census of 1900, while the average +number of persons to a dwelling throughout the country as a whole was +about five, the number in New York city was nearly fifteen, and in the +boroughs of Manhattan and the Bronx it was more than twenty. In several +parts of the city there are blocks containing more than 1,000 persons to +the acre. Under such circumstances the rate of mortality is necessarily +high, and immorality and vice are encouraged. In the great cities one +finds a large floating population with no local attachment or civic +pride, and thousands of persons, foreigners and natives alike, with low +standards of life. There also the individual is lost in a multitude, +and the restraining influence of public opinion, which is so powerful in +the country, is lacking. Thus the tendency to wrongdoing is greatly +accentuated. + +_Political Results._--Finally, the growth of the cities has had +important political consequences, in that it has given rise to +conditions that have increased enormously the problems of local +government. As long as the population of the nation was predominantly +rural and the cities few in number and small in size, the difficulties +of local government were not serious. But the presence of such +conditions as those described above, together with the task which +devolves upon the city of performing so many services for the people +that are not required in sparsely settled communities, has made the +problem of city government the most difficult of all governmental +problems. + +=Movement to Check Immigration to the Cities.=--The abandonment of the +farms and the movement of the people to the cities is viewed by many +persons with regret, not to say alarm. There are some who think that the +cities are the plague spots of the country, that city life tends to +produce an enfeebled race with low moral standards; that they are +tending to make of us a nation of tenants, tramps, anarchists, and +criminals; and that the economic welfare of the country is being +endangered by the drift away from the farm. Such a view, of course, +represents an exaggerated conception of the dangers, though it will be +readily admitted that the change is not without serious evils. + +Lately we have heard a great deal of discussion among thoughtful men as +to the possibility of checking the movement of the young to the cities. +And notwithstanding the movement from the country to the city it is +evident that the conditions of rural life are much more favorable than +formerly. The daily free delivery of mail at the doors of the farmers, +the introduction of the telephone and the interurban railway, to say +nothing of the use of labor-saving machinery, have done much to add to +the attractiveness of country life and to diminish the hardships of farm +life and other rural occupations. But these advantages have not checked +the movement to the cities, and other remedies must be found. + +=The Position of the City in the State.=--The city occupies a twofold +position in the state of which it is a part. In the first place, it is +an agent of the state for carrying out certain state laws and policies. +Thus it acts for the state when it protects the public health, cares for +the poor, maintains peace and order, supports education, and collects +the taxes for the state. In the second place, the city undertakes to +perform numerous services which are of interest to the people of the +locality alone and which do not concern the people of the state as a +whole. When acting in this latter capacity, the city is merely an organ +of local government and not an agent of the state. Thus the city +sometimes supplies the inhabitants with light and water, protects them +against fire, maintains sewers, disposes of garbage and other refuse, +builds wharves, docks, and bridges, and maintains public libraries, +museums, bath houses, and other institutions. + +_State Control of Cities._--The organization, powers, and privileges of +the city are determined for the most part by the state constitution and +laws. In a few states the financial transactions of city officials are +subject to state inspection and audit, and in practically all of them +their power to levy taxes and borrow money is placed under restrictions. +It is felt that if the cities were left entirely free from state control +they could not always be relied upon by the state to carry out the laws +which they are charged with enforcing, and that in other respects their +action might not be in harmony with the general policy of the state. In +those matters, however, which are of purely local interest, the state +should interfere as little as possible. Interference in such cases is +contrary to the ideas of local self-government which Americans cherish +as one of their most valuable rights. However, the right of the people +living in cities to regulate their own local affairs according to their +own notions is not always recognized, and there are frequent complaints +that state legislatures have interfered when the interests of the state +did not justify it. + +=The City Charter.=--The city, unlike the county, township, and other +minor civil divisions described in the preceding chapter, has a charter +granted to it by the state which gives the city more of the character of +a public corporation. The charter contains the name of the place +incorporated, a description of its boundaries, its form of organization, +and a detailed enumeration of the powers which it may exercise. It is +granted by the state legislature, though, unlike the charter granted to +a private corporation, such as a bank or a railway company, it is not a +contract but simply a legislative act which may be repealed or altered +at the will of the legislature. Thus, legally, the city is at the mercy +of the legislature. Its charter, indeed, may be taken away from it and +the city governed directly by the legislature in such manner as it may +choose, and this has sometimes been done in the case of cities which +grossly abused their powers or got themselves into such hopeless +financial condition that they were unable to meet their obligations or +properly discharge their duties. + +_Methods of Granting Charters._--Formerly it was the custom in most +states for the legislature to frame a charter for each city as +application was made. The result was that different cities received +different kinds of charters, some more liberal than others. Besides, the +time of the legislature was taken up with the consideration of +applications for charters, and abundant opportunities were offered for +favoritism and for the use of improper influences upon members of the +legislature by cities that desired new charters or amendments to +existing charters. To avoid these evils many states adopted the practice +of passing a general law for the government of all cities in the state, +under which any community which desired to be incorporated as a city +might by fulfilling certain prescribed conditions be organized under +this general act, which then became the charter of the city. Under this +system all cities in the state would have practically the same +organization and powers. + +_"Home Rule" Charters._--The feeling that the people concerned should be +given some power in framing the charters under which they are to be +governed has led in comparatively recent times to the adoption of "home +rule" provisions in the constitutions of a number of states--that is, +provisions allowing the people of each city, under certain restrictions, +to frame their own charters. Thus the Missouri constitution, adopted in +1875, allows each city of more than 100,000 inhabitants to prepare its +own charter, which, when approved by the voters, shall go into effect +provided it is not inconsistent with the state law. Other states having +"home rule" charter provisions in their constitutions are California, +Oregon, Washington, Minnesota, Colorado, Oklahoma, Michigan, Wisconsin, +Texas, Ohio, Nebraska, Arizona, and Connecticut. + +[Illustration: CITY HALL AND MUNICIPAL BUILDING, NEW YORK + +The City Hall is in the foreground; the Municipal Building, containing +additional office room for city officials, is the tallest building +shown.] + +_Powers of Municipal Corporations._--With the exception of a few cities, +of which Houston, Texas, is an example, the powers that may be +exercised by a city are specifically enumerated with great detail in the +charter, and where that is done no other powers may be exercised by the +city except such as are clearly incidental to, or implied in, those +enumerated. Thus when the city of New York wished to build an elevated +railway, it had to secure express authority from the legislature, which +body insisted that the work should be carried out under the supervision +of a state commission. Likewise when the city of Chicago wanted power to +prescribe the width of wagon tires to be used on its streets, recourse +had to be made to the state legislature for permission, though in +neither case was the matter involved one which concerned directly +anybody except the people of the cities affected. + +=Legislative Interference in the Affairs of Cities.=--The power of the +state legislature over the cities has sometimes been employed to +interfere in their local affairs and to force upon the cities measures +or policies to which they were opposed. Thus the legislature of +Pennsylvania passed an act requiring the city of Philadelphia to build +an expensive city hall which cost the taxpayers of the city something +like $20,000,000, though it was not a matter of direct interest to the +people outside of the city. Likewise the legislature of Ohio required +the city of Cleveland to erect a soldiers' monument at a cost of +$300,000 against the wishes of the taxpayers who had to bear the +expense. + +Sometimes the legislature employs its power of control over the cities +in the interest of the political party which happens to be in control of +the legislature, and it frequently passes laws relating to the hours of +opening and closing of saloons in the cities when local sentiment may be +opposed to such laws. But as to the moral right of the legislature to +enact such laws as the last mentioned, there is a difference of +opinion. The disposition of the legislature to interfere in the affairs +of the cities by means of special acts--that is, acts applying to a +single city--has come to be a crying evil and has been a cause of +complaint from the people of nearly every large city. The New York +legislature during a period of ten years passed nearly four hundred laws +applying to the city of New York. + +=Constitutional Protection Against Special Legislation.=--To protect the +cities against special legislation and at the same time to remove the +opportunity which such a practice offers for bribery and the employment +of other improper means to secure special legislation or to prevent it, +when it is not desired, the constitutions of many states contain +provisions absolutely prohibiting the legislature from enacting laws +applying to particular cities except where general laws are +inapplicable. Where such constitutional provisions have been adopted, +the legislatures have frequently evaded them by a system of +classification by which acts are passed applying to all cities within a +class when in reality there may be but a single city in such a class. +And the courts have generally held such acts to be constitutional where +the classifications are not unreasonable. + +The New York constitution recognizes that special legislation applying +to larger cities may sometimes be desirable, and instead of forbidding +such legislation absolutely it classifies the cities of the state into +three classes according to population,--New York City, Buffalo, and +Rochester constituting the first class,--and allows the legislature to +enact laws affecting a single city within a class, subject to the +condition that the proposed law must be submitted to the authorities of +the city affected, for their approval, and if disapproved it is void +unless repassed by the legislature. Likewise by recent amendment to the +constitution of Illinois the legislature of the state is allowed to +pass special laws affecting the city of Chicago alone, but such +legislation cannot take effect until it has been approved by the voters +of the city at a general or special election. + +=Functions of Municipal Government.=--The functions and activities of +city government are numerous and varied, much more so, of course, in +large cities than in small ones. First of all, the problem of police +protection, the punishment of crime, and the care of the public safety +in a community where thousands of persons of all nationalities and with +varying standards of respect for law are living in close proximity, is +very difficult and requires a small army of officials which would be +entirely unnecessary in a rural community. Likewise the duty of caring +for the public health, of preventing the spread of disease, of securing +a wholesome water supply, of protecting the people against impure and +adulterated food, and of securing wholesome and sanitary conditions +generally, is very much greater in cities than in sparsely settled rural +districts or in villages and small towns. Then there are the problems of +fire protection, gas and electric light, street railway transportation, +the construction and maintenance of streets, education, building +regulations, the care of the poor and dependent class, disposal of +sewage and waste, the maintenance of hospitals, libraries, museums, and +other institutions, the regulation of traffic on the streets, and many +other activities too numerous to mention. + +=The City Council.=--The legislative branch of most city governments is +a council composed of members elected by the voters for a term ranging +from one year in some of the cities of New England to four years in +certain other parts of the country, the most usual term being two years. +The number of members ranges from 9 in Boston to more than 130 in +Philadelphia. The city of New York has a council of 67 members; Chicago, +70; and San Francisco, 18. In the large majority of cities this council, +unlike the state legislatures, is a single-chambered body, though in a +few important cities, notably Philadelphia, Baltimore, St. Louis, and +Louisville, it is composed of two houses. + +_Mode of Election._--Generally, the members of the city council are +chosen by districts or wards, usually one member from each, though in +some cities several are elected from each district; in Illinois cities +two members are elected from each ward into which the city is divided. +Where the council is composed of two houses, the members of the upper +house are sometimes chosen from the city at large on a general ticket, +and the members of the lower house by wards. In San Francisco, where the +council is composed of but one house, the eighteen members are elected +from the city at large. The same is true of Boston, whose council under +the new charter is composed of but nine members. + +The method of election by wards is open to the objection that it tends +to the election of inferior men and of men who are likely to consider +themselves the special representatives of their wards rather than the +representatives of the people of the city at large. On the other hand, +election from the city at large, or election of several members from +large districts on a general ticket, unless coupled with a system of +minority representation, is likely to give the majority party an undue +advantage. Perhaps the best plan would be to elect a certain number from +the city at large and the rest by wards. + +Moreover, in some cities, of which Chicago is a conspicuous example, the +ward system has led to inequality of representation. Thus it has +sometimes happened that certain wards which are largely inhabited by the +worst elements of the population are over-represented as compared with +wards in other parts of the city inhabited largely by the better class +of citizens. Finally, where the ward system prevails, the ward becomes +the seat of a local political organization whose methods are so often +corrupt and dishonorable that they constitute a great hindrance to good +city government. + +=Powers of City Councils.=--Unlike the state legislature, which is an +authority of general powers, the city council in America has only such +powers as are conferred upon it by the charter of the city. These powers +are numerous and varied and relate to such matters as the laying out and +care of streets, the protection of the public health, the regulation of +the sale of liquor, the control of places of public amusement, markets, +bathing places, traffic on the streets, the suppression of vice and +immorality, protection against fire, the disposal of waste, the lighting +of the streets, and in general the preservation of the good order and +peace of the community. Its powers are exercised usually through acts +called ordinances, which are framed and enacted after the manner +followed by the legislature in enacting laws for the government of the +state. The power of the council is frequently limited by the state +constitution or laws. Thus very frequently it is forbidden to incur +debts beyond a certain limit, or to levy taxes above a certain amount, +and frequently the purposes for which taxes may be levied and money +appropriated are carefully specified. + +=Franchises.=--One of the most important powers of a city council is the +granting of franchises to street railway, gas, electric light, water, +and other public service companies to maintain tracks, wires, pipe +lines, etc., in the streets and other public places. As these franchises +are often of great value to the companies receiving them, a temptation +is thus created for the employment of bribery and other improper means +for securing concessions of this character. In some cities aldermen have +been paid large sums of money for their votes on franchise grants, and +indeed the practice has been so often resorted to that there is a +popular belief that most public utility franchises in the larger cities +are secured in this way. Formerly franchises were frequently granted for +long periods of years or for an indefinite period, and often without +adequate compensation to the city. This abuse became so common that the +people gradually came to adopt constitutional provisions or state laws +limiting the periods for which public service franchises could be +granted, and indeed a few, notably those which have adopted the +commission form of government, have gone to the length of making all +such grants subject to the approval of the voters of the city at an +election held for the purpose. + +=The Mayor.=--The chief executive officer of the city is the mayor. With +a few unimportant exceptions he is elected by the qualified voters of +the city and serves for a term varying from one to four years, the most +usual term being two years. In Boston, Chicago, and New York city, +however, the term is four years. + +=Powers and Duties.=--It is the duty of the mayor to enforce the +ordinances of the city and also such laws of the state as he may be +charged with executing. Like the sheriff of the county, he is a peace +officer and as such is charged with the maintenance of order and the +suppression of riots, and if a disturbance becomes so great that it +cannot be suppressed by the police he may, like the sheriff, call on the +governor for the militia. In some cities he is the presiding officer of +the city council, though not a member of it. Generally he is required +to submit messages to the council concerning the condition of the city, +and may recommend measures for its consideration. Practically everywhere +he has the power to veto ordinances passed by the city council, and some +mayors have made extensive use of this power. The council, however, may +pass an ordinance over the mayor's veto. + +One of the important powers of the mayor is the appointment of +officials, though usually the assent of the council is necessary to the +validity of most appointments. In recent years there has been a +considerable extension of this power in a number of the large cities, +where the mayor has been given the absolute power of appointing the +heads of the administrative departments. Indeed, the tendency now seems +to be in the direction of concentrating larger powers of appointment in +his hands as a means of fixing responsibility more definitely. There is +also a tendency in the direction of giving him a large power of removal, +subject to the provision that the official shall be removed only for +good cause and that he shall be given a hearing and an opportunity to +answer the charges made against him. + +Finally, the mayor usually has the power to grant pardons for violations +of the ordinances of the city, and this power is sometimes extensively +used. Thus during the year 1909 the mayor of Chicago released more than +1,100 offenders who had been committed to prison, or about 10 per cent +of the whole number committed. In some cities also he may remit fines +that have been paid for violations of city ordinances. + +=Administrative Departments.=--_Single Commissioner System vs. the Board +System._--In every large city there are, in addition to the mayor, a +number of departments each charged with the conduct of some particular +branch of the city's affairs. They are organized on one of two +principles: each is under the control either of a board or of a single +commissioner. Each method of organization has its advantages and +disadvantages, but experience has shown that the single-headed +department is the one best calculated to secure efficiency and +responsibility, and it is the one most generally employed. The board +system is well adapted to secure deliberation, but not promptness and +unity of action nor responsibility, because one member may easily shift +the responsibility for an error or blunder upon his colleagues. But for +certain branches of administration such as the civil service, park +administration, school administration, assessments, and possibly others, +the board system has important advantages. + +_Number of Departments._--The number of these administrative departments +varies widely among the different cities of the country. In general we +find the following departments: a finance department, a law department, +a health department, a fire department, a police department, a +department of charities, and a department of public works. In some +cities, however, the number of departments is much larger than this. +Thus in some we find a street cleaning department, a department of +buildings, a sewer department, a department of parks, a department of +docks, and so on. + +_Choice of Heads of Departments._--The heads of these departments are in +most cases appointed by the mayor, to whom they are responsible, though +nearly everywhere the approval of the council is necessary to his +appointments. In recent years there has been more or less criticism of +the practice of choosing administrative officials by popular election. +In every large city there is a great mass of unintelligent voters who +are easily controlled by corrupt and scheming politicians. Moreover, it +is impossible for the voters in a large city, however intelligent they +may be, to become acquainted with the merits of all the numerous +candidates when there are a considerable number of offices to be filled. +It is believed by many municipal reformers, therefore, that better +results could be obtained by allowing the mayor to choose all the heads +of important departments, except possibly the chief finance officer, who +might properly be chosen by the people. For the selection of the large +number of subordinate officials, the best method yet devised is that +known as the civil service system, which has been introduced in most of +the larger cities. Under this system appointments are made on the basis +of merit and fitness, which qualities are ascertained by an examination +by a board of civil service commissioners. + +=City Finances.=--One of the most remarkable features of American +municipal development has been the extraordinary growth of municipal +expenditures. The functions and activities of modern city government are +indeed so numerous and varied as to require a larger number of officials +and a greater expenditure of money than is required for the conduct of +any other of the various governments under which we live. By far the +larger part of the taxes contributed by those who live in the cities go +to meet the expenses of municipal government. In 1920 the budget of New +York city was over $270,000,000, while that of Chicago was about +$130,000,000, in each case the amount being about five times as great as +the appropriations for the support of the government of the state in +which the city is situated. The annual cost of operating our largest +city exceeds what was required to maintain the national government in +its early days, and is greater than the national budget of a number of +European countries to-day. New York city in 1910 had a debt almost as +large as the national debt, her annual interest account alone being in +the neighborhood of $30,000,000. The proper raising and expenditure of +such vast sums of money is one of the most difficult tasks of a city +government. For this purpose there are assessors, collectors, +treasurers, comptrollers or auditors, and various other officials. The +levying of the taxes is everywhere a power of the city council, though +in many states the amount of taxes which may be levied by it is +limited--usually to a certain percentage of the value of the taxable +property within the city, and in some states the limit is fixed so low +that the cities are handicapped in raising sufficient revenue to meet +their expenses. The purpose of such restrictions is to prevent +extravagance and wastefulness, and the history of many of our cities +proves that they have, in general, served a good purpose. + +_Sources of Municipal Taxation._--The principal source of income for +city, as for state and county, purposes is the general property tax, +though cities are usually allowed to levy a great variety of other +taxes, such as taxes on certain trades and businesses. Street peddlers +are in many cases required to pay license fees. Before the liquor +traffic was prohibited, many cities derived a large portion of their +income from license taxes on saloons. Some cities receive a considerable +income from franchises granted to public corporations. Thus Chicago +receives a large percentage of the earnings of some of the street +railways, the amount aggregating more than $1,500,000 a year. In many +cities the expense of public improvements, particularly street paving +and the laying of sidewalks, is met by what are called "special +assessments," that is, assessments laid upon the owners of the property +benefited, in proportion to the benefits received from the improvement. + +_Municipal Expenditures._--Appropriations are in most cities made by the +city council subject to certain rules and restrictions prescribed by +state law. In New York city, however, the budget is prepared by a board +of estimate and apportionment composed of a few high city officers, and +in a few other cities the preparation of the budget is intrusted to +other authorities than the city council. To secure accuracy and honesty +in the expenditure of city funds, provision is commonly made for +auditing the accounts of financial officials, and in a few states like +Ohio, Indiana, and Iowa, provision is made by law for state inspection +and audit of municipal accounts by state examiners. This plan has proved +very effective. In one state, these inspectors found that municipal +officials had misappropriated more than $500,000, over half of which was +recovered and turned into the proper treasuries. In a number of cities +where the commission form of government has been adopted provision is +made for monthly financial statements which must be published in the +local newspapers, and for annual examinations of city accounts by expert +accountants. + +_City Debts._--For the construction of permanent improvements, the +erection of public buildings, and the establishment of commercial +enterprises such as waterworks and gas works, cities must borrow money; +and so one of the powers always given them is that of incurring debts. +This power, however, was greatly abused in the early history of our +municipal development--so much so that many cities found themselves on +the verge of bankruptcy. In order to check this evil, many states have +placed a limit upon the municipal borrowing power, and some have +provided that whenever a debt is incurred, provision shall be made at +the same time for payment of the interest and the principal within a +certain period of years. The debt limit is usually a certain percentage +of the assessed valuation of the taxable property within the city. It +ranges from 2 per cent in Boston, to 10 per cent in New York. In some +cases the limit is so low that cities have been handicapped in +constructing needed permanent improvements. Thus in Chicago, where +property has been assessed at only one fifth of its real value, the +result of the debt limitation has been to render extensive improvements +very difficult, and to compel the city to meet the expense of many +absolutely necessary undertakings out of its current revenues when the +cost should have been distributed over a period of years. Chicago, as a +consequence, has the smallest debt of any of the large cities of the +country. + +=Police Protection.=--Where large numbers of people are living together +in close proximity the problem of maintaining order and preventing some +from violating the rights of others is very much greater than in +sparsely settled rural communities. One of the principal tasks of the +authorities in a city, therefore, is to provide police protection for +the inhabitants. This is done through the agency of a body of men +organized and uniformed somewhat after the manner of an army. The size +of this force varies ordinarily in proportion to the population of the +city. In New York city, for example, the entire police force numbers +more than 10,000 men--a body as large as the army of the United States +was in the early days of our history. In Chicago there are altogether +some 8,000 men in the police service of the city. + +_Organization._--The management of the police force is usually under the +direction of an official called a commissioner, superintendent, or +chief, though in some cities it is controlled instead by a board. In a +few cities this board is appointed by some state official, usually the +governor, for it is believed by many persons that since the police are +charged with enforcing state laws as well as municipal ordinances, they +should be under state rather than local control. Where they are entirely +under local control, it is sometimes difficult to secure the enforcement +of such state laws as those requiring saloons to be closed at certain +hours during the night and on Sundays, especially when local sentiment +is opposed to such restrictions. Below the head of the police force are +usually deputy chiefs, inspectors, captains, sergeants, roundsmen, and +finally the patrolmen. The city is usually divided into precincts, in +each of which there is a police station under the charge of a sergeant +or some other official. A number of precincts are grouped together in +districts with an inspector in charge of each, and so on. In the large +cities there are also usually special detachments of the police force +organized for special services. Such are the mounted police, the bicycle +squad, the river and harbor police, the sanitary police, and the +detective force. + +_Police Corruption._--The control of the police branch of the city +service is very difficult because of the opportunities for corruption +which are open to the members of the force. It has not infrequently +happened that the police in the large cities have systematically sold +the right to violate the law. Gambling houses, saloons, and other places +of vice sometimes regularly pay members of the police force for the +privilege of violating the law, and the heads of the force have +frequently found it impossible to prevent the practice. A recent police +commissioner in New York, for example, said that there was an organized +system among the police of his city for selling the right to violate the +law; that many of the captains and inspectors had grown rich out of the +proceeds, and that the system was so thoroughly intrenched that he was +powerless to break it up. + +=Health Protection.=--In densely populated districts the danger from the +spread of disease is much greater than in rural communities where the +conditions which breed disease are less prevalent, and where the spread +of epidemics may be more easily prevented. In the smaller cities the +chief health authority is a board, but in the large cities there is +usually a department of health at the head of which is a single +commissioner. Other officials are inspectors of various kinds, analysts, +collectors of statistics, superintendents of hospitals, etc. + +_Work of the Health Department._--Among the principal duties of the +health authorities are the inspection and abatement of unsanitary places +and the suppression of nuisances; the inspection of public buildings and +sometimes of private dwellings with special reference to drainage; the +removal of garbage and other refuse (in some cities); the inspection of +the city water supply; the inspection of food, particularly milk; the +control of certain establishments of an offensive character, such as +slaughterhouses, soap factories, and fertilizer factories; the +vaccination of school children and often of other persons, as a +precaution against smallpox; the isolation and quarantine of persons +suffering from contagious diseases; the maintenance of pesthouses and +hospitals; and the collection of vital statistics. + +One great source of disease in cities is impurity of the food supply, +especially of milk, and much of the activity of the health department is +directed toward the inspection of milk and other food. Crowded, +ill-ventilated, and poorly constructed dwellings are another source of +disease, and many cities have undertaken to prevent this evil as far as +possible through tenement house laws and building regulations requiring +dwellings to be constructed according to plans prescribed by law. The +enforcement of these laws often devolves upon the health department, +which carries out a rigid system of inspection. + +In recent years much more attention than formerly has been given to the +problems of health administration, and great improvement has been made. +So efficient is the health administration of some of our large cities +that the death rate in proportion to the population is actually lower +than it is in many small country towns where little or no attention is +paid to this important branch of administration. + +=Fire Protection.=--The danger from fire, like that from disease, is +obviously greater in crowded cities than in country districts. +Therefore, every large city and most small ones maintain an organized +fire department. In the days of small cities reliance upon voluntary +unpaid fire companies was the rule, and this is true even to-day in many +of the smaller towns and cities. In the larger cities, however, there +are organized professional companies, the members of which give all +their time to the service and are paid regular salaries. New York city +has more than 5,000 men in its fire department, some 900 pieces of +apparatus including more than a dozen fire boats, and hundreds of +thousands of feet of hose. At the head of the department there is +usually an official called a fire chief or fire marshal, appointed by +the mayor. The rank and file of the department are under civil service +rules, the employment is of a permanent character, and many cities have +provided a system of pensions for members who have grown old or are +disabled from injuries. + +Great improvement has been made in the methods of fighting fires and in +the character of the apparatus employed, so that the danger from loss by +fire has greatly diminished. Furthermore, the more general use of brick +and stone for building purposes in the larger cities has made the danger +from fire much less than in the old days when most houses were built of +wood. Many cities have what are called "fire limits," that is, districts +in which it is forbidden to erect wooden buildings. + +=Municipal Public Utilities.=--People crowded together in cities depend +largely upon public service companies for their water supply, for +electric light and gas, for telephone service, and for the means of +transportation. The furnishing of each of these services, from the very +nature of the case, tends to become a natural monopoly. Moreover, such +companies must use the city streets in serving their patrons. It +follows, therefore, that they must be subject to public control, +otherwise the public might be charged exorbitant prices and the use of +the streets by the citizens unnecessarily interfered with. Before +engaging in a service of this kind, therefore, the street railway +company must secure permission from the city to lay tracks on the +streets and to operate cars thereon. Likewise a telephone or electric +light company must have permission to erect its poles on the streets or +alleys, and a gas or water company must have authority to tear up +pavements and put its pipes and mains under the streets. + +[Illustration: MUNICIPAL LIGHTING, DENVER, COLORADO] + +[Illustration: PART OF THE LOS ANGELES AQUEDUCT, CALIFORNIA + +This Aqueduct is 11 feet in diameter and carries water from Owens River +246 miles to Los Angeles.] + +_Franchises._--The permit thus granted is called a "franchise," and is +in the nature of a contract between the city and the company. Public +service franchises are often of great value to the companies which +receive them, for the business of these companies in a large city is apt +to be very profitable. Sometimes the dividends which they pay their +stockholders are very large, and not infrequently, to deceive the public +as to the real amount, the profits are concealed by "watering" the +stock, that is, by increasing it beyond the amount of the capital +actually invested. Experience has shown that in granting franchises +certain restrictions or conditions should be placed on the companies to +whom they are granted. + +First of all, the duration of the franchise should be limited. Formerly, +it was not uncommon to grant franchises for fifty or one hundred years, +and indeed sometimes for an indefinite period. The objection to this +practice is that with the growth of the city, the increased value of the +franchise resulting from such growth goes entirely to the company, while +the city is deprived of the opportunity of making a better bargain with +the company. A franchise ought, however, to be for a period sufficiently +long to enable the company to derive a reasonable return on its +investment. Obviously, no company could afford to establish an electric +light plant or gas plant if its franchise were limited to a period as +short as five years. The better opinion now is that twenty or +twenty-five years is a reasonable period, and the constitution or +statutes of a number of states forbid the granting of franchises for a +longer period. + +Frequently the franchise contains provisions in regard to the rates to +be charged and the quality of service to be performed. In many states +there are state commissions which have power to supervise the operations +of all public service corporations and in some cases even to fix the +rates which they shall be allowed to charge. As long as such rates are +reasonable, that is, high enough to allow the corporation a reasonable +return on its investment, the courts will not interfere. + +It is now the practice to require public service companies to pay a +reasonable compensation for the franchises which they receive. This is +usually a certain percentage of the gross receipts, or sometimes, in the +case of street railway companies, a certain sum for each car operated. +When the compensation is a certain percentage of the receipts, provision +ought to be made for examination of the books of the company in order to +prevent the public from being defrauded of its share of the earnings. + +=Municipal Ownership.=--Sometimes, instead of relying upon private +corporations to supply the people with water, gas, and electric light, +the city itself undertakes to do this. Very many cities own their +waterworks,[8] while some own their electric light plants, and a few own +their gas plants. In Europe, municipal ownership and operation of such +public utilities is very common, and even the telephone and street +railway services are often supplied by the city. + + [8] The Census Bureau reported in 1916 that 155 of the 204 cities + having populations in excess of 30,000 owned their water supply + systems. + +The advantages claimed for municipal ownership are that better service +will be furnished when the business is conducted by the city, because in +that case it will be operated solely with the interest of the public in +view; and, secondly, the cost of the service to the community will be +less because the earning of large dividends will not be the main end in +view. The principal objection urged against municipal ownership in the +United States is that "spoils" politics still play such an important +part in our city government that the management of such enterprises is +likely to fall into the hands of incompetent politicians and party +workers. Experience with municipal ownership has been satisfactory in a +great many cases where it has been tried, although the principle upon +which it rests is contrary to the notions of many people in regard to +the proper functions of government. + +=Municipal Courts.=--In every city there are certain inferior courts +called by various names, police courts, magistrates' courts, or +municipal courts, which have jurisdiction over offenses against the +ordinances of the city. These courts constitute a very important part of +our governmental machinery, and they have rarely received the +consideration which their importance requires. They are practically +courts of last resort for a large number of persons charged with minor +offenses, and from them many ignorant persons in the large cities gain +their impression of American institutions. In the city of New York, for +example, more than 100,000 persons are brought before these courts every +year. + +The magistrates who hold municipal courts are often men of little or no +legal training, and the experience of some cities has been that many of +them are without integrity. Recently there has been much discussion of +how to improve the character and usefulness of these courts, and in +several cities notable reforms have already been introduced. The Chicago +municipal court recently established is an excellent example of what can +be accomplished in this direction. It consists of thirty-one judges, and +the salary paid them is sufficiently large to attract well-trained +lawyers of respectability. The procedure of the court is simple and it +is so organized as to dispatch rapidly the cases brought before it, so +that justice is administered more swiftly, perhaps, in this city than in +any other in America. + +=The Commission Plan of Government.=--The increasing dissatisfaction +with the government of our cities by mayor and councils has recently led +a number of cities to abandon the system for a new method known as the +commission plan. The principal feature of this method is that all the +powers of government heretofore exercised by the mayor and council are +intrusted to a small commission usually chosen from the city at large. +The plan was first put into operation in the city of Galveston after the +great storm of 1900 which destroyed the lives of some 6,000 of its +citizens and left the city in a condition of bankruptcy. + +Under the new charter which was adopted, practically all the powers of +government were vested in a mayor and four commissioners, each of these +men being put in charge of one of the five departments into which the +administrative service was divided. + +_Merits._--Several advantages are claimed for this plan of municipal +government. In the first place, it does away with the evils of the ward +system by providing that the commissioners shall be chosen from the city +at large, and this tends to secure the election of men of larger +ability. Again, it is argued that a small body of men is better fitted +to govern a city than a large council composed of members who consider +themselves the special representatives of the petty districts from which +they are chosen. The affairs of a city are necessarily complex and often +technical in nature and require for their special management skill and +efficiency. City government is often compared to the management of a +business enterprise like a bank or a manufacturing concern, which, as +experience has shown, can be better conducted by a small board of +directors than by the whole body of stockholders. Finally, the +concentration of the powers of the city in a small body of men tends to +secure a more effective responsibility than can be secured under a +system in which the responsibility is divided between the mayor and +council. + +_Objections._--The chief objections that have been urged against the +commission plan are that, by intrusting both the legislative and the +executive power to the same hands, it sacrifices the principle of the +separation of powers--a principle long cherished in America. In the +second place, by doing away with the council, it sacrifices to a +certain extent the representative principle and places all the vast +powers of the city in the hands of a few men. + +Nevertheless, the system has much to commend it, and it has been adopted +in about four hundred towns and cities. + +=The City Manager Plan.=--A still more recent form of municipal +government vests the management of the affairs of the city in a single +person, called the city manager. He is paid a reasonably high salary and +is chosen by the commission because of his expert knowledge. This plan +has been introduced in Dayton, Springfield, and Sandusky, Ohio; Newburgh +and Niagara Falls, New York; Sumter, South Carolina; Jackson, Grand +Rapids, and Kalamazoo, Michigan; San Diego and Alameda, California; and +some seventy other cities and towns. + +=Village Government.=--Differing from cities chiefly in size and in the +extent of governmental powers, are small municipal corporations +variously called villages, boroughs, and incorporated towns. The +procedure of incorporation is usually by petition from a certain number +of the inhabitants, and a popular vote on the question. The law +generally prescribes a minimum population, which is usually +small--sometimes as low as one hundred inhabitants. + +_Village Officers._--The principal authority is usually a small board of +trustees or a council, consisting of from three to seven members elected +from the village at large, though in some instances the number is +larger, and some villages have the ward system. The village board is +empowered to adopt ordinances relating to police, health, and other +matters affecting the good order and welfare of the community. They may +levy taxes, borrow money, open and construct streets, construct drains, +establish water and lighting plants and the like, and may license +peddlers, hack drivers, and other persons who use the streets for the +conduct of their business. The chief officer of the village is the +mayor, president, or chairman of the trustees, elected either by the +voters or by the trustees. There is also usually a clerk or recorder, a +treasurer, a marshal or constable, and sometimes a street commissioner, +a justice of the peace, and an attorney. + +When the population reaches a certain number, which varies in the +different states (pp. 25-26), the village organization is put aside, the +community organizes itself into a city, takes on a more elaborate +organization, receives larger powers, and undertakes a wider range of +activities. + + + =References.=--BEARD, American Government and Politics, chs. + xxvii-xxviii. BRYCE, The American Commonwealth (abridged edition), chs. + xlix-li. GOODNOW, City Government in the United States, chs. vi-xiii. + HART, Actual Government, ch. ix. HOWE, The City the Hope of Democracy, + chs. i-iv. STRONG, The Challenge of the City, chs. ii-iii. WILCOX, The + American City, chs. ii, iii, iv, v, vi, ix, x, xii, xiii. + + =Documentary and Illustrative Material.=--1. A copy of the city charter + or municipal code of the state. 2. A copy of the revised ordinances of + the city. 3. The volume of the last census report dealing with the + population of cities. 4. The latest census bulletin on statistics of + cities. 5. A map of the city showing its division into wards, police + and fire districts, sewer districts, etc., and the location of the + city building, police stations, fire stations, the source of the water + supply, parks, slum districts, etc. 6. A copy of the last city budget + and tax ordinance. 7. A copy of a paving or other public improvement + ordinance. + + +RESEARCH QUESTIONS + +1. What is the population of the largest city in your state? its area? +How many cities in your state have a population of 8,000 or over? What +percentage of the total population is found in the cities? How much +faster has the city population grown during the past decade than the +rural population? What percentage of the population of your city is +foreign-born? + +2. Why do cities require a different form of government from that which +is provided for rural communities? + +3. What are the provisions in the constitution of your state, if any, in +regard to the government of cities? + +4. How many representatives does the largest city of your state have in +the legislature? What proportion of the total membership is it? Are +there any constitutional restrictions upon the number of members of the +legislature which may be elected from any one city? + +5. Are there any restrictions upon the power of the legislature of your +state to enact special legislation applying to a single city? If so, +what are they? + +6. If you live in a city, when did it receive its present charter? What +are the provisions in the charter relating to the organization and +powers of the city? + +7. Do you think the people of a city should be allowed to frame their +own charter and govern themselves without interference on the part of +the state legislature? + +8. How many members are there in the city council of your city? Are they +chosen by wards or from the city at large? What is their term and +salary? In what ward do you live, and what is the name of the alderman +or aldermen from that ward? + +9. For what term is the mayor of your city or town elected? To what +political party does he belong? Does he preside over the meetings of the +city council? What officers, if any, does he appoint? + +10. Name the administrative departments in your city. Are they organized +according to the board system, or is each under the control of a single +official? + +11. Does your city have a civil service law under which appointments to +the municipal service are made on the basis of merit? If so, what are +its principal provisions? + +12. Does the city own and operate its waterworks plant, or is the water +supply furnished by a private company? Does the city own and operate any +of its other public utilities, such as the electric light or gas plant? +If not, what are the terms of the franchises under which they are +operated by private companies? Do these companies pay the city anything +for the privilege of using the streets? + +13. What are the duties of the public utilities commissions in New York +and Wisconsin? Do you think the policy of regulation preferable to +municipal ownership and operation? + +14. How is the cost of street and sidewalk paving met in your city,--by +special assessment on the property benefited, or by appropriation out of +the city treasury? + +15. What is the method of garbage disposal in your city? + +16. Describe the organization and activities of the health authority in +your city. What does it do to secure a supply of clean and pure milk? + +17. Are there any improvement leagues or civic organizations working for +the uplift and good government of your city? What are their methods, and +what are some of the specific services they have rendered? + +18. What are the principal sources of revenue in your village or city? +What is the rate of taxation on the taxable property? + + + + +CHAPTER III + +THE STATE GOVERNMENTS + + +=Place of the States in Our Federal System.=--Proceeding upward from the +county, township, and city, we come to the state, the authority to which +the local governments described in the preceding chapters are all +subject. The consideration of state government properly precedes the +study of national government, not only because the states existed before +the national government did, and in a sense furnished the models upon +which it was constructed, but because their governments regulate the +larger proportion of our public affairs and hence concern more vitally +the interests of the mass of people than does the national government. + +The states collectively make up our great republic, but they are not +mere administrative districts of the union created for convenience in +carrying on the affairs of national government. They do not, for +example, bear the same relation to the union that a county does to the +state, or a township to the county. A county is nothing more than a +district carved out of the state for administrative convenience, and +provided with such an organization and given such powers of local +government as the state may choose to give it. The states, on the other +hand, are not creations of the national government; their place as +constituent members of the union is determined by the Federal +Constitution, framed by the people of the United States, and their +rights and obligations are fixed by the same authority. Each state, +however, determines its own form of government and decides for itself +what activities it will undertake. + +=Division of Powers.=--The Federal Constitution has marked out a +definite sphere of power for the states, on the one hand, and another +sphere for the national government on the other, and each within its +sphere is supreme. Upon the domain thus created for each the other may +not encroach. Each is kept strictly within its own constitutional sphere +by the federal Supreme Court, and the balance between the union and its +members is harmoniously preserved. + +The states were already in existence with organized governments in +operation when the national government was created. The founders of the +national government conferred upon it only such powers as experience and +reason demonstrated could be more effectively regulated by a common +government than by a number of separate governments; they left the +states largely as they were, and limited their powers only so far as was +necessary to establish a more effective union than the one then +existing. Experience had taught them, for example, that commerce with +foreign countries and among the states themselves should be regulated by +a single authority acting for the entire country: only in this way could +uniformity be secured, and uniformity in such matters was indispensable +to the peace and perpetuity of the union. Accordingly, the national +government was vested with power over this and other matters which +clearly required uniformity of regulation, and the remaining powers of +government were left with the states, where they had always been. Thus +it came about that the national government was made an authority of +enumerated or delegated powers, while the states have reserved powers. + +_Prohibitions._--It was thought wise, however, to prohibit both the +national government and those of the states from doing certain things, +and thus we find provisions in the Federal Constitution forbidding both +governments from granting titles of nobility, from passing ex post facto +laws, bills of attainder, etc. Likewise the states were prohibited from +entering into treaties with foreign countries, from coining money, from +impairing the obligation of contracts, and from passing laws on certain +other subjects which it was clearly unwise to leave to state regulation. + +=Powers of the States.=--The powers left to the states, unlike those +conferred upon the national government, cannot be enumerated. They are +so varied in character, and so extensive, that an attempt to enumerate +them would involve cataloguing all the multitudinous business and social +relationships of life. The powers of the national government seem much +greater by comparison than those of the states, partly because they are +set forth in the Constitution and partly because of their application +throughout the entire country, but in reality they are not only far less +numerous but affect less vitally the great mass of the people. The +powers of the states include such matters as the regulation of the +ownership, use, and disposition of property; the conduct of business and +industry; the making and enforcing of contracts; the conduct of +religious worship; education; marriage, divorce, and the domestic +relations generally; suffrage and elections; and the making and +enforcement of the criminal law. In the division of governmental powers +between the nation and the state, says Bryce, the state gets the most +and the nation the highest, and so the balance between the two is +preserved. + + "An American," says Mr. Bryce, "may, through a long life, never be + reminded of the federal government except when he votes at + presidential and congressional elections, buys a package of tobacco + bearing the government stamp, lodges a complaint against the post + office, and opens his trunks for a customhouse officer on the pier + at New York when he returns from a tour in Europe. His direct taxes + are paid to officials acting under state laws. The state or local + authority constituted by state statutes registers his birth, + appoints his guardian, pays for his schooling, gives him a share in + the estate of his father deceased, licenses him when he enters a + trade (if it be one needing a license), marries him, divorces him, + entertains civil actions against him, declares him a bankrupt, + hangs him for murder; the police that guard his house, the local + boards which look after the poor, control highways, impose water + rates, manage schools--all these derive their legal powers from his + state alone." + +=Rights and Privileges of the States as Members of the Union.=--The +states have certain rights and privileges which are guaranteed them by +the Federal Constitution, and of which they cannot be deprived by the +national government without their consent. + +_Republican Government._--Thus it is made the duty of the United States +to guarantee to every state in the union a republican form of +government, that is, a government by the chosen representatives of the +people of the state. In a few cases rival governments have been set up +in a state, each claiming to be the legitimate government and entitled +to the obedience of the people; the one recognized by the federal +authorities has always prevailed. + +_Protection Against Invasion._--It is also made the duty of the national +government to protect the states against invasion. This is right and +proper, since the states are forbidden by the Constitution to keep ships +of war or troops in times of peace. + +_Protection Against Domestic Violence._--Again, it is made the duty of +the national government to protect the people of the states against +domestic violence arising from insurrection or riots, _provided_ that +application has been made by the proper state authorities. The purpose +of this proviso is to remove the temptation to federal interference in +state affairs for political or other reasons against the wishes of the +people of the state. The ordinary procedure for the suppression of a +local disturbance is for the sheriff of the county, or the mayor of the +city, to make use of the local police, and if necessary he may call upon +the citizens to come to his aid. If this is not effective, the governor +may be called upon to order out the state militia for the suppression of +the riot. If, however, the riot should spread and assume such +proportions that the power of the state and local authorities is +insufficient, it becomes the right and duty of the governor, or the +legislature if it be in session, to call on the President of the United +States for the assistance of national troops. If in the President's +judgment the situation is one which warrants federal intervention, he +sends a detachment of troops from a near-by military post to restore +order. Many times in our history federal troops have been used to put +down riots where the state authorities had shown themselves incapable of +maintaining order; two recent examples being in connection with strikes +among the miners of Nevada in 1907, and of Colorado in 1914. + +Ordinarily the President has no lawful right to interpose in the affairs +of the state by the employment of troops until he has received an +application from the governor or the legislature, but if the disturbance +is one which interferes with the operations of the national government +or with the movement of interstate commerce, the President may intervene +whenever in his opinion the situation calls for federal action. Thus +during the Chicago strike riots of 1894, President Cleveland ordered a +detachment of federal troops to that city against the protests of the +governor, upon being assured that the strikers were interfering with the +movement of the mails and with the conduct of interstate commerce and +were also disregarding the writs and processes of the United States +courts. The interference of the President was criticized by some +persons, but the great body of citizens approved his course, and the +United States Supreme Court upheld the validity of his action. + +_Other Rights of the States._--Among the other rights of the states +under the Federal Constitution may be mentioned the right of equal +representation in the senate, a right of which no state can be deprived +without its consent, and the right of territorial integrity: no new +state may be created within the jurisdiction of another state, nor may +any state be formed by the junction of two or more states or parts of +states, without the consent of the states concerned. + +=Obligations and Duties of the States.=--Rights and privileges usually +imply obligations, and so we find that the states owe certain duties to +one another and to the union of which they are a part, and the harmony +and success of the federal system are dependent in a large measure upon +the performance of these duties in good faith. + +_Full Faith and Credit._--First of all, each state must give full faith +and credit to the acts, judicial proceedings, and records of the other +states. This means, for example, that a properly authenticated copy of a +will or deed duly executed in one state will be taken notice of and +rights depending on it will be enforced in other states as though the +instrument were made therein. Likewise, a marriage legally celebrated in +one state will usually be treated as valid in another state, and the +facts of a case at law will be recognized in other states without the +necessity of retrial. The provision as to full faith and credit does +_not_ mean that one state must enforce within its borders the laws of +other states, or that its courts in reaching their decisions are bound +by the decisions of the courts of its sister states. As a matter of +practice, however, courts in one state in deciding difficult questions +of law will examine the decisions of the courts of other states on +similar points for their own enlightenment, and will show respect for +these decisions, the degree of deference depending on the standing of +the judges rendering the decision and upon the similarity of the laws +and policies of the states concerned. + +_Surrender of Fugitives from Justice._--In the next place, it is made +the constitutional duty of the executive of each state to surrender +criminals escaping from other states, in order that they may be returned +for trial and punishment in the state from which they have fled. The +demand for the surrender of such fugitives is made by the governor of +the state from which the criminal has fled, and the governor upon whom +the demand is made ought to comply with it unless for very substantial +reasons. There is no way, however, by which this obligation may be +enforced, and there have been many cases where governors have refused to +deliver up criminals escaping from other states--usually for the reason +that, in the governor's opinion, the fugitive would not receive a fair +trial in the state from which he had fled. + +_Treatment of Citizens of Other States._--Still another obligation +imposed by the Federal Constitution on the states is that of treating +the citizens of other states as they treat their own citizens, i. e., +without discrimination. But this obligation has reference rather to +civil rights than to political privileges. It does not mean that an +illiterate man who is allowed to vote in Illinois may go to +Massachusetts and vote where an educational qualification for the +suffrage is required; nor does it mean that a woman who is allowed to +practice law in one state may therefore practice in another state which +excludes women from engaging in that profession. What the provision does +mean, is that whatever privileges and immunities a state allows to its +own citizens, it must allow the citizens of other states on the same +terms, and subject to the same conditions and no more. Thus a state +cannot subject the citizens of other states to higher taxes than are +imposed upon its own citizens. + +_Other Obligations._--Finally, it goes without saying that it is the +duty of each state to treat its sister states in the spirit of comity +and courtesy; to carry out the mandates of the Federal Constitution +relating to the election of senators, representatives, and presidential +electors so as to keep up the existence of the national government; and, +in general, to perform in good faith all their other obligations as +members of the union, without the performance of which the republic +would be a mere makeshift. The existence of the states is essential to +the union, and their preservation is as much within the care of the +Constitution as is the union itself. Indeed, the Constitution in all its +parts, said the Supreme Court of the United States in a famous case, +looks to an indestructible union of indestructible states. + +=The State Constitution; how Framed.=--The governmental organization of +each of the states is set forth in a written instrument called a +constitution. Unlike the constitutions of some of the European states, +which were granted by kings, and unlike, also, those of the British +self-governing colonies, which were enacted by Parliament, all the +American constitutions now in existence were framed by constituent +bodies representing the people, and in most cases they were approved by +the people before they went into effect. As Mr. Bryce has remarked, the +American state constitutions are the oldest things in the political +history of America. Before the Federal Constitution was framed each of +the thirteen original states had a constitution of its own, most of them +being framed by popular conventions chosen especially for the purpose. + +Later, when a territory asked to be admitted to the union as a new +state, Congress, through what is called an "enabling act," empowered the +people of the territory to choose a convention to frame a constitution +which, when submitted to the voters and approved by them, became the +fundamental law of the new state. In a number of cases, however, the +people of the territory went ahead on their own initiative, and without +the authority of an enabling act framed their constitution and asked to +be admitted, and sometimes they were admitted as though they had acted +under the authority of Congress. Whenever an existing state wishes to +frame a new constitution for itself, the usual mode of procedure is for +the legislature either to pass a resolution calling a convention, or to +submit to the voters the question of the desirability of a new +constitution. A resolution calling a convention usually requires an +extraordinary majority of both houses of the legislature, two thirds of +the members being the most common rule. + +=Ratification of New Constitutions.=--When the draft of the constitution +has been completed by the convention, it is usually submitted to the +voters of the state at a general or a special election, and if it is +approved by a majority of those voting on the constitution, or (in some +states) of those voting at the election, it supersedes the old +constitution and goes into effect on a day prescribed. In some +instances, however, new constitutions were not submitted to popular +vote; instead, the convention assumed the right to put them into effect +without popular approval. Of the twenty-five state constitutions adopted +before the year 1801, only three were submitted to the voters for their +approval, but as time passed the practice of giving the people an +opportunity to approve or reject proposed constitutions became the rule. +In the twenty years between 1890 and 1910 eight new constitutions were +submitted to the people, and only five were put into force without +popular ratification, namely, those of Mississippi (1890), South +Carolina (1895), Delaware (1897), Louisiana (1898), and Virginia (1902). + +=Frequency of New Constitutions.=--The frequency with which the states +revise their constitutions varies in different sections of the country. +In New England new constitutions are rare, while in the states of the +West and the South new constitutions are framed, on an average, at least +once in every generation and sometimes oftener. Since the Revolution +more than two hundred constitutions have been made by the states, though +some of them never went into operation. Several of the states within a +period of less than one hundred years have had as many as six, and a few +have had even more. The constitution of Massachusetts of 1780, with +several subsequent amendments, is still in force; but outside of New +England there are few constitutions that are more than thirty years old. +Some of the states, indeed, have inserted provisions in their +constitutions making it the duty of the legislature at stated intervals +to submit to the voters the question of calling a convention to revise +the existing constitution or to adopt an entirely new one. In this way +the people are given an opportunity to determine whether the +constitution under which they live shall be revised or superseded by a +new one, independently of the will of the legislature. + +=Contents of State Constitutions.=--The early state constitutions were +brief documents and dealt only with important matters of a fundamental +and permanent character. They were remarkably free from detail and +rarely contained more than 5,000 words. As time passed, however, there +was an increasing tendency to incorporate in them provisions in regard +to many matters that had formerly been left to the legislature to be +regulated by statute, so that some of the constitutions of the present +day are bulky codes containing detailed provisions concerning many +matters that might more properly be dealt with by statute. The +constitution of Virginia, for example, has expanded from a document of a +few pages to one of seventy-five, from an instrument of about 1,500 +words to one of more than 30,000. The present constitution of Alabama +contains about 33,000 words; that of Louisiana, about 45,000; and that +of Oklahoma, about 50,000. The Virginia constitution contains a lengthy +article on the organization of counties; one on the government of +cities, constituting a code almost as elaborate as a municipal +corporations act; one on agriculture and immigration; one on +corporations, containing fourteen sections; one on taxation and finance, +etc. The constitution of Oklahoma contains an article of seven sections +on federal relations, one of which deals with the liquor traffic; +elaborate provisions regarding the referendum and initiative; a section +describing the seal of the state; a detailed enumeration of those who +are permitted to accept railroad passes; an article on insurance; one on +manufactures and commerce; and one on alien and corporate ownership of +lands. + +_Parts of a Constitution._--A typical constitution consists of several +parts: (1) a preamble; (2) a bill of rights; (3) a series of provisions +relating to the organization of the government and the powers and duties +of the several departments; (4) a number of miscellaneous articles +dealing with such matters as finance, revenue and debts, suffrage and +elections, public education, local government, railroads, banks, and +other corporations generally; (5) an article describing the procedure by +which amendments may be proposed and ratified; and (6) a schedule. Many +constitutions contain an article defining the boundaries of the state, +and most of them one on the distribution of the powers of government. +Some of the newer constitutions also prescribe numerous limitations upon +the legislature, so great is the popular mistrust of legislatures +to-day; while others lay down various rules as to the procedure of the +legislature. The schedule contains provisions for submitting the +constitution to the voters and making necessary arrangements for putting +the new constitution into effect. + +=The Bill of Rights=, says Bryce, is historically the most interesting +part of the state constitution, and if we may judge by the space devoted +to these provisions and the attention paid to their framing, they +constitute a very important part of the constitution. In a sense they +are the lineal descendants of great English enactments like Magna +Charta, the Bill of Rights, and the Act of Settlement, and of the +various declarations of the Revolutionary Congresses in America. They +consist of limitations upon the government and of statements of the +fundamental rights of man. + +_Some Provisions of the Bills of Rights._--Examining these bills of +rights, we find that they all contain declarations in favor of freedom +of religious worship, freedom of assembly, freedom of speech and of the +press, and most of them forbid the establishment of a state church or +the appropriation of money for the establishment or support of any +religious denomination. Most of them contain declarations providing for +trial by jury in criminal cases, indictments by grand jury, the +privilege of the writ of habeas corpus, the right of the accused to a +speedy and public trial; a declaration of the right of citizens to bear +arms; the prohibition of excessive bail, cruel and unusual punishments, +general search warrants, and imprisonment for debt; the prohibition of +titles of nobility, ex post facto laws, and bills of attainder[9]; and +provisions forbidding the taking of private property except for public +purposes and then only when just compensation is made.[10] Many of them +contain philosophical enunciations of political doctrines such as the +assertion that all governments originate with the people, and are +instituted solely for their good; that all men are equal; that all power +is inherent in the people; and that the people have at all times the +right to alter, reform, or abolish their government. Some of the newer +constitutions declare that monopolies and perpetuities are contrary to +the principles of free government; that every citizen shall be free to +obtain employment wherever possible; that a long lease of office is +dangerous to the liberties of the people; that aliens shall have the +same rights of property as citizens; and so on. + + [9] An ex post facto law is retroactive, making criminal an act that + was not a crime when committed, or increasing the punishment for past + crimes. A bill of attainder is a law convicting an accused person + without a trial, and imposing on him the penalties of treason. + + [10] The inherent power of the state to take private property for + public use is called the right of eminent domain. + +The real importance of the bills of rights, now that executive tyranny +is a thing of the past, is not very great. + +=Amendment of State Constitutions.=--The practice of inserting in the +constitution many provisions which are temporary in character, makes +frequent alteration a necessity if the constitution is to meet the +rapidly changing needs and conditions of the state. Some of the early +constitutions contained no express provision for their own amendment, +but as time passed changes became manifestly necessary, and in time they +were all amended or supplanted entirely by new ones, notwithstanding the +absence of amending provisions. Ultimately the advantage of pointing out +in the constitution a legal and orderly way of amendment came to be +generally appreciated, and at the present time all of the constitutions +contain amending provisions. These clauses provide that amendments may +be proposed, either by a convention called by the legislature, or by the +legislature itself, usually by an extraordinary majority; in either case +the proposed amendment must be submitted to the voters for their +approval, and it becomes a part of the constitution only if ratified by +a majority of those voting on the proposed amendment or, in some states, +by a majority of those voting at the election at which the proposed +amendment is submitted. A new method of amendment by popular initiative +was adopted in Oregon in 1902. According to this method a proposed +amendment may be framed by the people by petition and submitted to a +popular vote without the necessity of the intervention of the +legislature in any form. + +In spite of the restrictions imposed, most of the constitutions are +frequently amended. During the two decades from 1900 to 1919, 1500 +amendments were proposed by the legislatures of the several states, or +by popular initiative, and of these about 900 were ratified. At the +general election of 1918, no less than 130 amendments were voted on by +the people of the different states, and a number of others were awaiting +the action of the legislatures soon to meet. In five western states +alone 270 amendments were submitted from 1914 to 1919. + + + =References.=--BEARD, American Government and Politics, chs. + xxii-xxiii. BRYCE, The American Commonwealth (abridged edition), + chs. xxxiv-xxxv. DEALEY, Our State Constitutions, chs. ii-iii. + HART, Actual Government, ch. vi. HINSDALE, The American Government, + chs. xl, xli, xlix, l. WILSON, The State, secs. 1087-1095. + WILLOUGHBY, Rights and Duties of Citizenship, ch. x. WILLOUGHBY, + The American Constitutional System, chs. ii-x. + + =Documentary and Illustrative Material.=--1. THORPE's Constitutions + and Organic Laws, or POORE's Charters and Constitutions, both + published by the Government Printing Office. 2. Pamphlet copies of + state constitutions can usually be obtained from the secretaries of + state of the various states. 3. The legislative manual of the + state, where usually a review of the constitutional history of the + state may be found. + + +RESEARCH QUESTIONS + + +1. In what two senses is the word "state" used? In what sense is New +York a state and in what sense is it not? + +2. Were the states ever sovereign? What were the two views in this +country prior to the Civil War in regard to the sovereignty of the +states? + +3. The constitution and laws of the United States are declared to be +supreme over those of the states; what is the meaning of that provision? +Does that mean that any law passed by Congress will override a +conflicting law passed by a state, even though the law passed by the +state is clearly within its powers? + +4. Distinguish between _reserved_ powers and _delegated_ powers. + +5. Do you believe the powers of the national government should be +increased so as to include the regulation of such matters as marriage +and divorce, the business of corporations, factory labor, and insurance? + +6. What is the purpose of the commissions on uniform legislation in the +different states, and what are they seeking to accomplish? Is there such +a commission in your state? + +7. Which of the following matters fall within the jurisdiction of the +United States and which within the jurisdiction of the states? (1) the +levying of tariff duties, (2) the transfer of land, (3) the building of +lighthouses, (4) the protection of religious worship, (5) the granting +of passports, (6) punishment of crime, (7) the granting of pensions, +(8) the regulation of labor in mines and factories, (9) the protection +of the public health, (10) the support of schools, (11) the regulation +of navigation, (12) the erection of fortifications. + +8. Name some powers that may be exercised by both Congress and the +states; some that may be exercised by neither; some that may be +exercised by the states only with the consent of Congress. + +9. May the United States government coerce a state? Suppose a state +should refuse or neglect to perform its constitutional duties as a +member of the union, could it be punished or compelled to fulfill its +obligations? + +10. May a state be sued by a citizen of the state? by a citizen of +another state? by another state itself? + +11. Suppose a state should refuse to pay a debt which it has incurred, +has the person to whom the debt is due any remedy? + +12. Will a divorce granted in Nevada to a citizen of Massachusetts be +recognized as valid in Massachusetts? + +13. Suppose a man, standing on the New Jersey side of the Delaware +River, should fire a shot across the river and kill a man in +Pennsylvania, would the governor of New Jersey be bound to surrender the +criminal upon demand of the governor of Pennsylvania, in order that he +might be tried in Pennsylvania? + +14. What is the difference between a constitution, a statute, and a +charter? Between a written and an unwritten constitution? + +15. When was the present constitution of your state adopted? Was it +submitted to the voters before being put into effect? How many +constitutions has your state had since its admission to the union? Were +they all adopted by popular ratification? Who was the delegate from your +county to the last constitutional convention? + +16. How may the constitution of your state be amended? Is a majority of +those voting at the election necessary to ratify, or only a majority of +those voting on the proposed amendment? How many times has the present +constitution of your state been amended? Do you think the method of +amendment is too rigid? + +17. What is the purpose of a preamble to a constitution? Does the +preamble of your constitution contain a recognition of God? + +18. What are the provisions in the bill of rights to your constitution +in regard to the rights of an accused person? in regard to freedom of +the press? freedom of assembly? freedom of worship? right of the people +to change their government? + + + + +CHAPTER IV + +THE STATE LEGISLATURE + + +=Powers of the State Legislatures.=--The powers of the state +legislature, unlike those of the city council and those of the Congress +of the United States, are not set forth in the constitution. In general, +a state legislature may exercise any powers which are not denied to it +by the Constitution of the United States or by the constitution of the +state. Its powers, in other words, are residuary in character, rather +than delegated or granted. + +_Limitations._--In recent years, however, mainly on account of the +popular distrust in which our legislatures have come to be held, +numerous limitations upon their powers have been imposed by the +constitutions of many states. Thus they are frequently forbidden +absolutely to pass local or special laws where a general law is +applicable, or they are allowed to enact such laws only under certain +restrictions. In most states, also, the legislature cannot run the state +into debt beyond a certain amount, and its power to impose taxes and +appropriate money is generally restricted. Finally, its power of +legislation has been limited by the present practice of regulating many +important matters in the constitution itself. In the newer constitutions +especially we find a large number of provisions relating to schools, +cities, towns, railroads, corporations, taxation, and other matters. To +that extent, therefore, the legislature is deprived of its power of +legislation on these subjects. + +_Extent of the Legislative Power._--In spite of the numerous +restrictions, however, the power of the legislature is very large. It +enacts the whole body of criminal law of the state; makes laws +concerning the ownership, use, and disposition of property, laws +concerning contracts, trade, business, industry, the exercise of such +professions as law, medicine, pharmacy, and others; laws relating to the +government of counties, towns, cities, and other localities; laws +concerning the public health, education, charity, marriage and divorce, +and the conduct of elections; laws concerning railroads, canals, +ferries, drainage, manufacturing, eminent domain, and a great variety of +other matters. The subjects concerning which the legislatures may enact +laws are indeed so numerous and varied that it would be impossible to +enumerate them all. For that reason the legislature is by far the most +important branch of the state government, and it is highly important +that it should be composed of honest, intelligent, and efficient +members. Unfortunately, however, in many states the legislature has +declined in public esteem. In the early days of our history the +legislative branch of the government was all-powerful. It was not only +practically unlimited as to its power of legislation, but it was +intrusted with the choice of many important officers of the state. Now, +however, there is a disposition to cut down its powers and place +restrictions on the exercise of those that are left to it. In many +states the people have secured the power to legislate for themselves by +means of the initiative and referendum (pp. 85-89); and, to diminish the +power of the legislature to enact useless laws, many constitutions limit +the length of the sessions to forty or sixty days in the hope of +compelling it to devote its time to the consideration of important +measures of general interest. + +=Structure of the Legislature.=--Every state legislature to-day consists +of two houses. At first several states followed the example of the +Congress of the Confederation and tried the single-chamber system, but +they soon found its disadvantages serious, and substituted legislatures +with two houses. The principal advantage of a bicameral legislature is +that each house serves as a check upon the haste of the other and thus +insures more careful consideration of bills. Nevertheless, proposals +have recently been made in several states to establish a +single-chambered legislature, and the question was voted on by the +electors of Oregon in 1912 and in 1914, and by those of Arizona in 1916. + +The lawmaking body popularly known as the legislature is officially so +designated in some states, but in others the formal name is the general +assembly or the legislative assembly, and in two, Massachusetts and New +Hampshire, the colonial title, "general court," is still retained. In +all the states the upper house is styled the senate. In most of them the +lower chamber is known as the house of representatives, though in a few +it is styled the assembly and in three the house of delegates. + +Both houses of the state legislature are chosen by the people. The +principal differences in their make-up are, that the senate is a smaller +body and therefore each senator represents a larger constituency, the +senators in many states are chosen for a longer term, and usually the +senate is vested with special functions such as the approval of +executive appointments to office, and the trial of impeachment cases. + +_The State Senate._--The size of the senate varies from seventeen +members in Delaware to sixty-seven in Minnesota, the average number +being about thirty-five. In about two thirds of the states the term of +senators is four years; in New Jersey their term is three years; in +Massachusetts it is one year; in the remaining states it is two years. +In about one third of the states the terms of the senators and the +representatives are the same. In some states the senators are divided +into classes, and only half of them retire at the same time. + +_The House of Representatives._--The house of representatives everywhere +is a more numerous body than the senate, and in a few states the +disproportion is very great. Thus the New Hampshire legislature with a +senate of 24 members has a house of representatives of more than 400 +members, the largest in any state, a body about as large as the national +house of representatives. The Connecticut legislature is composed of a +senate of 35 members and a house of representatives of 258 members; +Vermont has a senate of 30 members and a house of representatives of +246; Massachusetts has a senate of 40 members and a house of 240. The +smallest houses of representatives are those of Delaware and Arizona, +each consisting of 35 members. + +_Apportionment of Senators and Representatives._--Senators and +representatives are apportioned among districts, usually on the basis of +population. Political units, however, are often taken into +consideration, and in some states such units rather than the number of +inhabitants are the determining element. Thus it is frequently provided +that each county shall be entitled to one senator, though the population +of some counties may be many times as great as that of other counties. +In some of the New England states the inequalities of representation are +so glaring as to constitute a great injustice to the more populous +towns. In Connecticut, for example, the members of the lower house are +distributed among the towns of the state, without regard to their +population. As a result each of the small towns of Union, Hartland, +Killingworth, and Colebrook, with an average population of less than +1,000 persons, has two representatives, while New Haven, with 133,000 +inhabitants, has only two. Hartford, with about 99,000, has only two, +and so has Bridgeport with a population of 102,000, and Waterbury with +73,000. These four cities comprise about one third the population of the +state, but they have only one thirty-second part of the membership of +the house of representatives. A similar system of representation exists +in Vermont and in the senate of Rhode Island. + +Moreover, as a result of "gerrymandering" by the political party in +control of the legislature the legislative districts are frequently so +constructed as to give the majority party more than its fair share of +representatives. As a result there are in some states great inequalities +of representation among the different counties or legislative districts. + +In order to prevent large cities from controlling the legislature and +thereby dominating the state, a few constitutions limit their +representation in the legislature. Thus in New York it is provided that +no county, however populous, shall have more than one third of all the +representatives, and a somewhat similar provision is contained in the +constitutions of Rhode Island and Pennsylvania. + +=Minority Representation in the Legislature.=--Where there are two +political parties in the state, it is worth considering whether some +provision should not be made for allowing each party to choose a number +of representatives in proportion to its numerical strength, or at least +for allowing the weaker party some representation in the legislature. It +not infrequently happens under the present system that the majority +party in the state succeeds in electing nearly all the representatives, +leaving the other party practically without representation, although it +may be strong enough to cast hundreds of thousands of votes in the +state as a whole. In the Oregon state election of 1906, for example, the +Republican party, with only 55 per cent of the voting strength, elected +eighty-eight members of the legislature, while the Democratic party, +though casting 34 per cent of the total vote, elected only seven +representatives. + +The present constitution of Illinois contains a clause which makes it +possible for the minority party in each of the fifty-one legislative +districts into which the state is divided to elect at least one of the +three representatives to which the district is entitled. Each voter is +allowed three votes, and he may give one vote to each of three +candidates, or he may give all three to one candidate, or two to one +candidate and one to another. Usually the party having the majority in +the district elects two candidates and the minority party one, the +voters of the latter party concentrating all their votes on the one +candidate. + +=Legislative Sessions.=--In the great majority of states the +legislatures hold regular sessions every two years. In New York, New +Jersey, Massachusetts, Rhode Island, Georgia, and South Carolina the +legislature meets every year in regular session. Alabama is contented +with a session once in every four years. In California the session is +divided into two parts, the first being devoted exclusively to the +introduction of bills. The legislature then takes a recess of a month to +enable the members to consult their constituents in regard to the bills +introduced, after which it reassembles for the enactment of such +legislation as seems to be demanded. In all the states the governor is +empowered to call extraordinary sessions for the consideration of +special matters of an urgent character. + +There is a popular belief that legislatures waste much of their time in +the consideration of petty matters, and in many states the constitution +either limits the length of the session,--sometimes to forty, fifty, or +sixty days,--or provides that where the session is prolonged beyond a +certain number of days, the pay of members shall cease. The wisdom of +limiting the sessions to such brief periods, however, is doubtful, and +several states that once imposed such restrictions have since removed +them. + +=Legislative Compensation.=--In all the states, members of the +legislature receive pay for their services. This is either in the form +of a definite amount per year, term, or session, or so much per day. The +largest legislative salaries are those of Illinois ($3,500 per biennial +session), New York ($1,500 per year), Massachusetts and Ohio ($1,000 per +year), and Pennsylvania ($1,500 per biennial session). In New Hampshire, +on the other hand, the salary is only $200 per biennial session, in +Connecticut $300, and in South Carolina $200 for each annual session. In +thirty states the per diem method of compensation prevails, the amount +ranging from three dollars per day, which is the salary paid in Kansas +and Oregon, to ten dollars per day, in Kentucky, Montana, and Nebraska, +the most usual sum being four or five dollars per day. In several +states, however, the per diem compensation ceases, or is reduced to a +nominal amount, after the legislature has been in session 60 days or 90 +days. Mileage ranging in amount from ten cents per mile to twenty-five +cents is usually allowed, and in a number of states there is a small +allowance for postage, stationery, and newspapers. In some states the +pay of the legislators is fixed by the constitution, and hence the +matter is beyond control of the legislature. Indeed, in only a few +states is the matter of legislative pay left entirely to the discretion +of the legislature without restriction. + +In a number of them the constitution either forbids members to accept +free passes on the railroads, or makes it the duty of the legislature to +pass laws prohibiting the acceptance of such passes. + +=Organization of the Legislature.=--Each house is usually free to +organize itself as it may see fit, though where the office of lieutenant +governor exists, the constitution designates that official as the +presiding officer of the senate. + +_The Speaker._--The presiding officer of the lower house is styled the +speaker, and in all the states he is chosen by the house from its own +membership. He calls the house to order, presides over its +deliberations, enforces the rules governing debate, puts motions and +states questions, makes rulings on points of order, recognizes members +who desire to address the house, appoints the committees, signs the acts +and resolutions passed by the house, and maintains order and decorum. He +usually belongs to the political party which is in the majority in the +house, and in making up the committees and recognizing members for the +purpose of debate he usually favors those of his own party. + +_The Clerk._--Each house has a clerk or secretary who keeps the journal +of the proceedings, has custody of all bills and resolutions before the +house, keeps the calendar of bills, calls the roll, reads bills, and +performs other duties of a like character. He is often assisted by other +clerks such as a reading clerk, an engrossing clerk, sometimes an +enrolling clerk, etc. + +[Illustration: STATE CAPITOL, HARRISBURG, PENNSYLVANIA] + +[Illustration: STATE CAPITOL, SALEM, OREGON] + +_Sergeant-at-arms._--To execute the orders of the house in preserving +good order and enforcing the rules, there is an officer called a +sergeant-at-arms. He usually has custody of the hall in which the +meetings are held, makes arrests when the house orders an outsider to be +taken into custody for contempt, compels absent members to attend +when ordered by the house to do so, and sometimes keeps the accounts of +the pay and mileage of members. + +_Other Officers and Employees._--Usually, also, there is a chaplain who +opens the session with prayer, though he is not always a paid employee; +a postmaster; and a number of miscellaneous employees such as +doorkeepers, janitors, copying clerks, stenographers, pages, etc.[11] + + [11] The California house of representatives, consisting of eighty + members, had in 1907 a total of 335 employees, with salaries ranging + from $3 to $8 per day. The senate, composed of forty members, had 228 + employees. Since then an amendment to the constitution of that state + has been adopted, limiting to $500 per day the amount that may be + expended by the legislature for clerical assistance. In some other + states the number of employees of the legislature seems excessive, and + restrictions similar to that now found in the constitution of + California might not be out of place. Thus in 1903 there were 226 + employees of the legislature of Illinois, 315 in Missouri, 299 in New + York, and 225 in Oregon. The expense account of legislative employees + in Illinois for the session of 1913 amounted to more than $95,000; the + amount in New York was over $250,000; and in Wisconsin over $76,000. + One of the arguments now being urged in some states in favor of a + single-chamber legislature is that it would make possible a material + reduction in the number of legislative employees and a corresponding + diminution of expenses. + +_Committees._--For convenience in legislation the members of each house +are grouped into committees, the more important of which are those on +agriculture, corporations, finance or appropriations, ways and means, +judiciary, railroads, labor, education, manufactures, engrossment and +enrollment, and insurance. In the Western states there are usually +committees on immigration, mining, dairies, forestry, fish and game, +drainage, swamp lands, irrigation, levees and river improvements, etc. +The number and size of the committees vary in different states. In some +of the states there are as many as fifty or sixty committees, and +occasionally as many as forty members are placed on a single committee. +In addition to the standing committees of each house there are +frequently select committees appointed for special purposes, and there +are usually a number of joint committees made up of members of both +houses. In the New England states most of the committee work is done by +joint committees, there being usually only four or five standing +committees in each house. + +=How Bills are Passed.=--Each house is empowered to frame its own rules +of procedure, but in order to insure publicity and careful consideration +of bills the state constitutions have placed restrictions upon the +legislature in the consideration and passage of bills. Thus in all the +states each house is required to keep a journal of its daily +proceedings; in most states it is provided that no law shall be passed +except by bill, that no bill shall embrace more than one subject, which +shall be clearly expressed in the title of the bill, that no money shall +be appropriated except by law, that every bill shall be read at least +three times before being passed, that no existing law shall be amended +by mere reference to its title but the amended portion must be set out +in full, and that the yeas and nays shall be recorded upon demand of a +certain number of members. Some states require that every bill shall be +referred to a committee, that every bill shall be printed and placed on +the desk of each member, that no bill shall be introduced after the +legislature has been in session a certain number of days, and that bills +of a local or private character shall be introduced only after public +notice has been given in the locality affected and to be valid must be +passed by a two-thirds majority of each house; and so on. + +In general these constitutional restrictions represent an attempt to +eliminate the evils of undue haste, lack of consideration, +extravagance, and objectionable local and private bills, and to compel +the legislature to do its work openly, carefully, and in the interest of +the public good. + +_Order of Procedure._--A common order of the procedure in passing bills +is the following: 1. Introduction and first reading. 2. Reference to a +committee. 3. Report of the committee. 4. Second reading. 5. Third +reading. 6. Vote on passage. 7. Enrollment. 8. Approval by the Governor. +This order of procedure, however, is often departed from under a +suspension of the rules or by unanimous consent. + +Usually any member can introduce a bill on any subject and at any +time[12] except where the constitution forbids the introduction of bills +after a certain date, and some legislatures have even found a means of +evading this restriction. In most states a bill can be introduced by +filing it with the clerk. It is then usually read the first time, though +only by title, and referred to the appropriate committee for +consideration and report. The committee may "pigeonhole" it and never +report, or it may make a report so late in the session that +consideration of the bill is impossible. If the bill seems worthy of +being reported, the committee reports it to the house with a +recommendation that it be passed either with or without amendments, or +that it be rejected. If reported favorably it is placed on the calendar +for consideration in its turn. At this stage it is open for general +discussion and for amendment by the house. If the bill meets the +approval of the house, it is finally ordered to be engrossed and read a +third time. It is then put in shape by the committee on engrossment, +after which it is read a third time and finally passed. It then goes to +the other house, where the procedure is substantially the same. If +passed by the second house, it is ready for the signature of the +governor. If amended by the second house, it comes back to the first +house for concurrence in the amendments. If the first house refuses its +concurrence, a conference committee is usually appointed by the two +houses to consider and recommend a compromise. The bill is not ready to +send to the governor until it has been passed by both houses in exactly +the same form. + + [12] In Wisconsin and some other states, "legislative reference + bureaus" furnish members with information regarding subjects of + proposed legislation, and aid them in the drafting of bills. + +=Lobbying and Bribery.=--In all our states a large proportion of the +legislation enacted affects directly or indirectly the interests of +particular persons, classes, or localities. As a result, interested +parties bring great pressure to bear upon the members to pass certain +bills or to reject certain others. + +_Methods of the Lobbyist._--Usually when the legislature meets, the paid +representatives of interested individuals, corporations, or local +governments appear on the scene to urge legislation in their interests +or to defeat bills introduced that are unfavorable to them. These +persons are known as "lobbyists," and the means they employ to secure or +prevent legislation are often improper and sometimes venal. Sometimes +money is used to bribe members to vote for or against pending measures, +and there are few states indeed where charges of this kind have not been +made. In one state recently, money was contributed in large quantities +by persons interested in preventing certain legislation, and the sum +thus contributed was known as the "jack pot" fund, out of which members +were handsomely paid for their votes. In a special message to the +legislature of New York state, Governor Hughes declared that certain +disclosures had "caused honest citizens to tingle with shame and +indignation and made irresistible the demand that every proper means +should be employed to purge and purify the legislature." The situation +described by the governor as existing in New York, unfortunately exists +in other states as well. + +_"Strike" Bills._--Some of the great corporations maintain regularly +paid lobbyists at the state capitals when the legislature is in session, +not so much for the purpose of securing legislation in their interests +as to prevent the enactment of laws to which they are opposed. Sometimes +they are practically forced to have lobbyists on the ground to prevent +the enactment of what are called "strike" bills, that is, bills +introduced by unscrupulous members for the purpose of extorting money +from the corporations to pay for defeating them. + +_Anti-lobbying Legislation._--The evils growing out of the practice of +the special interests in maintaining paid lobbyists near the legislature +have led to attempts in a number of states to restrict such abuses by +legislation. This legislation, in general, makes it unlawful to attempt +to influence improperly any legislator. In several states lobbyists are +required to make known the purpose of their business and to register +their names with the secretary of state, and after the adjournment of +the legislature to file a sworn statement of their expenses. + +=Direct Legislation: the Initiative and the Referendum.=--The +legislature is not the only agency for enacting law and determining the +public policies of the state. Laws on certain subjects may be made by +the people themselves acting directly in their primary capacity as well +as through the agency of representatives. This is done through what are +called the initiative and the referendum. The initiative is a device by +which the people themselves may propose laws and have them submitted to +the voters for their approval or rejection. Through the referendum the +people reserve the power to approve or reject by popular vote certain +laws enacted by the legislature. + +_Varieties of Referendum._--The referendum may be obligatory or optional +in character, that is, the approval of the electorate may be required by +the constitution before certain laws shall go into effect, or the +legislature in its discretion may refer a law to the people for their +opinion. Thus the constitutions of many states declare that no law for +increasing the debt of the state beyond a certain amount shall be valid +until it has been submitted to the voters and approved by them. Again, +the referendum may be mandatory or advisory in character. Under the +mandatory form, the legislature is required to carry out the will of the +electorate as pronounced on any subject referred to the voters, while +the advisory referendum is nothing more than an expression of opinion +which may or may not be followed by legislative action. + +Again, the referendum may be state-wide in its scope, as where a general +law or question of public policy is submitted to the voters of the whole +state, or it may be of a local character, as where a law affecting a +particular community is referred to the voters thereof. + +The referendum as a device for adopting constitutions and constitutional +amendments is as old as the republic itself, and is now the general +practice (pp. 65, 70). In all the states except Delaware proposed +amendments must be submitted to the voters at a general or special +election, and must be adopted by them before going into effect. The use +of the referendum for ordinary lawmaking is also an old practice, though +it is much more generally resorted to now than formerly. Thus very early +in our history it was employed for such purposes as the incorporation of +towns, borrowing money, the location of county sites, division of +counties, subscription to stock in railroads and other enterprises by +states, counties, or towns, and the levying of special taxes for the +support of schools. One of the important uses to which it was put was +the determination of the question whether intoxicating liquor should be +sold in a particular locality. In time what were called local option +laws were passed in many states, giving the people of towns, cities, or +other local divisions of the state the privilege of determining by +popular vote whether liquor should be sold within their limits. Other +matters that have frequently been made the subject of a referendum are: +the granting of the suffrage to negroes, and sometimes the +enfranchisement of women; the location of state capitals; the sale of +school lands; the incorporation of state banks of issue; the granting of +aid to railroads; the adoption of the township form of local government; +the construction of canals; the erection of public libraries; and many +other matters too numerous to mention. There is no state in which the +referendum is not provided by the constitution for certain kinds of +legislation, and there is hardly a general election held nowadays in +which the voters are not called upon to pass judgment upon some proposed +act of the legislature or some question of public policy. + +In Illinois there has been enacted what is known as the "public opinion +law," which provides that upon petition by 10 per cent of the registered +voters of the state the legislature is required to submit to the voters +any question of public policy for their opinion. The popular vote, +however, is nothing more than an expression of opinion by the voters and +is not binding upon the legislature. + +_The Oregon System._--The idea of the initiative and the referendum has +been carried out most fully in Oregon, whose constitution provides that +8 per cent of the voters may by petition propose an amendment to the +constitution, and when so proposed it must be submitted to the voters +and if approved by a majority of them the amendment becomes a part of +the constitution. Likewise the constitution of Oregon provides for the +initiation and adoption of ordinary laws by the people. It further +provides that upon the petition of 5 per cent of the voters any act of +the legislature, with certain exceptions, before going into effect, must +be submitted to the people for their approval, and if not approved by a +majority of those voting, it shall not go into effect. From 1904 to +1914, 130 constitutional amendments and statutes were submitted to +popular vote, of which 46 were adopted. For the information of the +voters, "publicity pamphlets" are provided, containing an explanation of +the measures upon which they are called to vote, together with arguments +for and against each proposition. In 1912 these arguments (on 37 +measures) made a book of 252 pages. + +_Initiative and Referendum in other States._--Various other states +(South Dakota, Utah, Colorado, Montana, Idaho, Missouri, Maine, +Arkansas, Oklahoma, Nebraska, Arizona, Nevada, California, Washington, +Michigan, Ohio, North Dakota, Massachusetts, and Mississippi) have +established both the initiative and the referendum in some form or +other. The initiative and referendum are in use also in many cities, +especially those under the commission plan of government. Usually the +number who are empowered to initiate a proposed law or ordinance is 8 or +10 per cent of the registered vote. In Texas the referendum is applied +to the formulation by political parties of their party policies, 10 per +cent of the voters being allowed to propose policies which must be +submitted to the party for their opinion. + +_Merits of the Referendum._--One of the chief merits of the referendum +is that it serves as a check on the vices, follies, and errors of +judgment of the legislature. Another merit claimed for the referendum is +its educative effect upon the electorate. Where the voters are +frequently called upon to pass judgment upon the acts of the legislature +or upon questions of public policy, they must, if they discharge their +duty properly, study the measures submitted to them and thus become +trained in public affairs. The enjoyment of such a privilege also tends +to stimulate their interest in political affairs and increase their +feeling of responsibility for the good government of the state. + +The advantage of the initiative is that it puts in the hands of the +people the power to bring forward needed measures of legislation and +secure a vote on them whenever the legislature refuses to act in +obedience to the popular mind. + + + =References.=--BEARD, American Government and Politics, ch. xxv. + BRYCE, The American Commonwealth (abridged edition), ch. xxxix. + DEALEY, Our State Constitutions, ch. vii. HART, Actual Government, + ch. vii. REINSCH, American Legislatures and Legislative Methods, + chs. iv-x. WILSON, The State, secs. 1128-1142. + + =Documentary and Illustrative Material.=--1. The legislative manual + or blue book of the state. 2. A map showing the division of the + state into legislative districts. 3. Rules of procedure of the two + houses of the legislature. 4. Specimen copies of bills and + resolutions. 5. Messages of the governor to the legislature. 6. The + last volume of the session laws of the state. + + +RESEARCH QUESTIONS + +1. How many members are there in the senate of your state legislature? +How many in the house of representatives? What is the term of the +members of each house? What are the qualifications for membership? What +is the salary? + +2. What is the principle of apportionment of the members of each house? +Are there any inequalities of representation among the districts or +counties from which the members are chosen? What county has the largest +number of representatives? What county the smallest number? Have any +charges been made that the state is "gerrymandered" in the interest of +the dominant party? + +3. How many committees are there in each house? Of what committees are +your representatives and your senator members? What is the average +number of members on each committee? Name some of the most important +committees. What are the principal officers and employees of each house? + +4. How often does the legislature of your state meet in regular session? +Are there any constitutional restrictions on the length of the sessions? +Have any extraordinary sessions been held in recent years? If so, for +what purpose? Are there any restrictions on the power of the legislature +when in extraordinary session? + +5. How many acts were passed at the last regular session? How many joint +resolutions were adopted? What is the difference between an act and a +joint resolution? + +6. What are the provisions in the constitution of your state in regard +to the procedure of the legislature in passing bills? Find out from the +rules of each house how a bill is introduced, considered, and passed. +How are special and local acts passed? + +7. Is there a law in your state to regulate lobbying? What is the +penalty for accepting a bribe? + +8. Is there a legislative reference bureau or other agency in your state +for collecting information for the benefit of members or for assisting +them in the preparation of bills? + +9. Are there any provisions in the constitution of your state in regard +to the initiative or referendum? Do you know of any instance in recent +years in which the people of the state were called upon to vote on a +proposed legislative act or a question of public policy? Is there a +local option liquor law in your state? If so, have the people of your +county or city taken advantage of it? + +10. Do you think members of the legislature when instructed by their +constituents to vote for or against a certain measure, should obey the +instructions, or vote according to their own judgment of what is best +without regard to the expressed will of the people? + +11. Is there any organization in your state for studying the records of +members and for securing the election of honest and efficient +legislators? + + + + +CHAPTER V + +THE STATE EXECUTIVE + + +=The Governor; Election and Qualifications.=--Each state has a chief +executive styled a governor, who is charged with the execution of the +laws. In all he is elected by the people. In nearly all, a plurality of +the popular vote is sufficient to elect, but in a few states a majority +is required and if no candidate receives a majority of the popular vote, +either the legislature makes the choice, or a second popular election is +held. + +To be eligible to the office of governor, a man must have attained a +certain age, usually thirty years, and generally he must be a citizen of +the United States; in many states he must have been a citizen for a +period ranging from five to twenty years. He is also usually required to +have been a resident of the state for a period ranging from one to ten +years. + +=Term.=--The term of the governor in twenty-five states is two years; in +the others it is four years except in New Jersey, where it is three +years. Formerly the term was one year in several states, but by 1920 all +of them had changed it to two years. A one-year term seems to have +little to recommend it, for experience is as necessary for the +successful administration of public affairs as for the conduct of +private business, and familiarity with the duties of an office of such +importance cannot be acquired in so short a time. However, where the +one-year term prevailed, it was customary to reelect the governor to a +second term. In a number of states, the governor is ineligible to two +successive terms, the idea being that if reeligible he would make use of +his official power to secure his reelection. A few state constitutions +wisely provide that he may hold office until his successor has +qualified, and thus the danger of a vacancy is obviated. + +=Salary.=--The salary of the governor is everywhere comparatively small, +though in recent years the tendency has been to increase it. In three +fourths of the states now the salary is $5,000 per year or more. In +California, Massachusetts, New Jersey, New York, Ohio, and Pennsylvania, +it is $10,000 per year, and in Illinois it is $12,000. The smallest +salary is $2,500 per year, which is the amount allowed in Nebraska. +Frequently the state provides the governor with a residence styled the +"executive mansion." A contingent fund out of which to meet the expense +of emergencies in the execution of laws is usually placed at his +disposal, but this fund cannot be used for private purposes. Some +governors, however, have not been very careful to distinguish between +private and official purposes, and not infrequently the use made of this +fund has been the subject of legislative investigation and of popular +criticism. + +=Organization of the Executive Department.=--The organization of the +executive department of the state government is different in one +important respect from that of the executive department of the United +States. In the national government the responsibility for the +administration of executive affairs is concentrated in the hands of the +President, and the heads of the various departments are all his +appointees; they are responsible directly to him for the discharge of +their duties, are, within the limits of the law, subject to his +direction, and may be removed by him for any reason which to him may +seem expedient. The executive power of the state, on the contrary, +instead of being concentrated in the hands of the governor, is really +divided between him and a number of other state officers, who are +generally elected by the people and over whom he has little or no +control. They are, in short, his colleagues rather than his +subordinates. This method of organizing the executive power has justly +been criticized on the ground that it introduces a division of +responsibility and lack of co-ordination in the state administration. +Thus, although the governor is charged with the execution of the laws, +he usually has no power to direct the attorney-general to institute +proceedings against a person or corporation for violating the law, as +the President of the United States might do in a similar case. Again, he +may have reason to believe that the state treasurer is a defaulter, but +in most of the states he has no power to examine into the affairs of the +treasurer's office, or to remove him from office. And so with the other +principal officers that collectively make up the executive department. +The responsibility of these officials is usually to the people alone, +and responsibility in such cases cannot always be enforced, for they are +elected for specific terms and cannot be removed before the expiration +of their terms, except by the cumbersome method of impeachment. + +_The Lieutenant Governor._--In about two thirds of the states there are +lieutenant governors chosen for the same time and in the same manner as +the governor. About the only duty of this official is to preside over +the deliberations of the senate. In case of a vacancy in the office of +governor on account of death, resignation, or removal, or in case of his +absence from the state, the lieutenant governor performs the duties of +the office for the time being. + +_Executive Councils._--Three of the New England states (Massachusetts, +Maine, and New Hampshire) have executive councils--survivals of +colonial days--which share the executive power with the governor to a +considerable extent. Their consent is necessary to the validity of many +of his acts, such as the making of appointments, the granting of +pardons, and the like. A modified form of the executive council is found +in a few other states. + +=Other Executive Officers.=--Besides the governor, who is the chief +executive, there are in every state a number of state officers each in +charge of a particular branch of the administrative service. + +_Secretary of State._--The first of these in rank is the secretary of +state, who is the custodian of the state archives and of the great seal +of the state; has charge of the publication and preservation of the +laws; countersigns the proclamations and commissions issued by the +governor and keeps a record of them; issues certificates of +incorporation to companies incorporated under the laws of the state; and +discharges other miscellaneous duties which vary in the different +states. He is elected by the people in all the states except a very few +where he is either appointed by the governor or chosen by the +legislature. + +_The Treasurer_ of the state, as the name indicates, is the keeper of +the public moneys, such as taxes, trust funds, and the like, and upon +warrants issued by the auditor or other proper authority, he pays out +money appropriated by the legislature. Everywhere he is elected by the +people, usually for a short term, and is required to give a heavy bond +so as to insure the state against loss in case of his carelessness or +dishonesty. He is generally paid a salary, which is increased in some +cases by the practice of treasurers depositing the state's money in +banks from which they receive interest. The treasurer of a certain +Western state received thousands of dollars a year in this way, until +the legislature passed a law requiring him to turn into the state +treasury all moneys received in the form of interest on state deposits. + +_Auditor._--Another financial officer found in all the states is the +auditor or comptroller, whose duties, in general, are to audit the +accounts of the state and issue warrants upon the treasurer for the +payment of moneys which have been appropriated by the legislature. A +warrant issued by the auditor is the treasurer's authority for paying +money out of the treasury, and without such an order he has no lawful +right to make a disbursement. Other duties of a miscellaneous character +are imposed upon auditors in the different states. + +_Superintendent of Education._--Another important official is the +superintendent or commissioner of public education, who has charge of +the larger educational interests of the state. He supervises the +administration of the school laws, distributes the school fund among the +local districts, makes rules and regulations in regard to the holding of +teachers' institutes, makes reports to the legislature concerning the +educational conditions and needs of the state, and is frequently a +member of the state board of education and of the boards of trustees of +the state educational institutions. + +_Other Officers._--Besides the officials mentioned above, there are a +multitude of other officers and employees in the larger states, such as +the commissioner of agriculture, the commissioner of immigration, the +commissioner of labor, state engineer, railroad commissioners, +superintendent of public works, state printer, factory inspectors, pure +food and dairy commissioners, state architect, land commissioner, mine +inspectors, superintendents of insurance, and many others too numerous +to mention. Of course, not every state has all these, but some of the +more populous ones such as New York and Massachusetts have most of them +and others in addition. + +=The Governor's Powers.=--The powers and duties of governor may be +roughly grouped into four classes: (1) his share in the making of the +laws; (2) his power to execute the laws and administer the affairs of +government; (3) his military power; and (4) his power to grant pardons +for violations of the laws. + +=Legislative Powers.=--_Power to Call Extra Sessions._--Everywhere he is +empowered to call the legislature together in extraordinary session. He +uses this power in case of emergencies, and also to secure the enactment +of needed legislation which has been overlooked or neglected by the +legislature at the regular session. In New York recently, when the +legislature adjourned without enacting a promised law against race track +gambling, the legislature was summoned in extraordinary session and +executive pressure and public opinion were brought to bear upon it to +compel the enactment of the law. Sometimes a great catastrophe occurs +when the legislature is not in session; for example, the California +earthquake, the Cherry mine disaster in Illinois, and the Galveston +storm, each of which required the immediate attention of the +legislature. In order to prevent the legislature when in extraordinary +session from taking action for which there is really no need, the +constitutions of most states forbid it to consider any subjects not +submitted to it by the governor; and in some states the length of an +extra session is limited to thirty or sixty days. + +[Illustration: LABORATORY FOR TESTING FOODS] + +[Illustration: ROAD MAKING, VIRGINIA] + +_The Executive Message._--The governor is generally required to give the +legislature information concerning the affairs of the state and to +recommend the enactment of such laws as in his judgment the public good +requires, the idea being that he is more familiar than any one else with +the defects of the existing laws and with the legislative needs of +the state. This information, with the accompanying recommendations, is +communicated to the legislature in a message at the beginning of the +session,[13] and is often followed by special messages from time to time +recommending consideration of particular matters that may arise in the +course of the session. The weight which the recommendations of the +governor have with the legislature depends, of course, upon his +influence with the members and his standing with the people. If he +belongs to the same political party which is in control of the +legislature, and the party is not divided, or if he is especially +aggressive and is backed by a strong public opinion throughout the +state, his recommendations carry more weight than they would under +opposite conditions. + + [13] The constitution of Illinois requires the governor to transmit a + message to the legislature also at the end of his term, summing up the + condition of affairs of the state at the time. + +_The Veto Power._--Finally, in every state except North Carolina the +governor has the power to veto bills passed by the legislature. Owing to +fear of executive tyranny, the veto power was generally withheld from +governors for a considerable time after the Revolution; in fact, in only +two states (Massachusetts and New Hampshire) was this power granted to +the governor before the close of the eighteenth century. The worst fears +of executive tyranny, however, proved to be without foundation, and the +advantage of vesting in the hands of the governor the power to correct +the mistakes of the legislature by refusing to approve objectionable +laws soon came to be generally appreciated. Under the interpretation of +the veto power the governor may refuse to sign a bill either because, in +his judgment, it is inconsistent with the constitution which he has +sworn to support, or because he thinks it unwise or inexpedient, in +either case his judgment being conclusive. But manifestly, an absolute +veto is too great a power to intrust to a single person, however wise he +may be. The constitutions of all the states, accordingly, empower the +legislature to override the veto of the governor by repassing the vetoed +bill, in which case it goes into effect notwithstanding the executive +objection. To do this, however, a majority of two thirds or three fifths +of the members of the legislature is usually necessary, the idea being +that the judgment of so large a proportion of the legislature ought to +be allowed to prevail over that of the governor in case of a difference +of opinion. In the few remaining states a bare majority of the members +of the legislature may override the executive veto, though not +infrequently the statement of objections by the governor in his veto +message serves to convince some of those who voted for the vetoed bill +that it is unwise, and thus the veto will be sustained. When a bill is +presented to the governor for his signature he is allowed a period +ranging from three to ten days in which to consider it before taking +action. A subject of criticism in some states is the practice of the +legislature of delaying final action on many bills until the last days +of the session and then sending them all at once to the governor so that +the time allowed him for considering their merits is necessarily too +short. + +A wise provision found in the constitutions of about thirty states is +one which allows the governor to veto particular items in appropriation +bills. Thus if the legislature passes a bill carrying appropriations for +a variety of objects, some worthy and others objectionable, the governor +is not under the necessity of approving or rejecting the bill as a +whole, but may approve the desirable portions and veto the others. In +this way wasteful and objectionable appropriations of the public funds +may be prevented without inconvenience. In a few states the governor may +also veto particular sections of other bills. + +=Executive and Administrative Powers of the Governor.=--The governor is +generally charged by the constitution with taking care that the laws are +faithfully executed, though, as already stated, the executive power is +really divided between him and a number of colleagues. + +_Power over State Officers._--He generally has a certain power of +oversight over the other principal state officers, but little power of +control over them. There is a tendency, however, to enlarge his power in +this respect.[14] Several constitutions, for example, empower him to +require reports from the principal officers, and in some states he is +given the right to examine into the condition of the treasurer's and +comptroller's offices and under certain conditions to remove the +incumbent from office. In a very few states, also, the governor may +remove sheriffs or mayors for negligence or abuse of power in the +enforcement of the state laws. + + [14] By an important act passed in Illinois in 1917 a large number + of bureaus and commissions were consolidated and placed under the + authority of departmental heads appointed by the governor, who has + a large power of control over them. A number of other states have + since done likewise. + +_Power of Appointment._--The governor's principal executive power +consists of the right to appoint certain officers and boards, and +sometimes to remove them, subject to certain restrictions. In the early +days of our history, many of the state officers were chosen by the +legislature, but with the growth of the democratic spirit the selection +of these officials was taken from the legislature and they were made +elective by the people. In a very few states the legislature still +retains a considerable power of appointment. In most states, however, +the governor appoints all officers not elected by the people. In a few +states he appoints the judges; in half a dozen or more he appoints +several of the principal state officers, such as the secretary of state +and the attorney-general, and in most of them he appoints some of the +important administrative officers and the members of various boards and +commissions. In New York, for example, he appoints the superintendent of +insurance and banking, the members of the two public service +commissions, the superintendent of public works, the commissioner of +agriculture, the commissioner of health, and other important officials. +In some states he appoints the railroad commissioners, the trustees of +public institutions, members of the state board of health, the members +of various examining boards, pure food commissioners, factory +inspectors, game commissioners, mining inspectors, and so on. As +compared with the President of the United States, his power of +appointment, however, is very small. Moreover, his power to appoint is +usually limited by the condition that his nominations must be approved +by the senate or the executive council where there is such a body. + +_Power of Removal._--The governor can usually remove the officials whom +he appoints, but rarely any others. But the power of removal must exist +somewhere, because it would be intolerable to have to retain in the +public service men who are dishonest, incapable, or otherwise unfit. The +other methods of removal provided are impeachment, removal by resolution +of the legislature, and occasionally removal by the courts. Removal by +impeachment takes place by the preferment of a charge by the lower house +of the legislature and trial by the upper house. This method, however, +is cumbersome and is rarely resorted to--never in the case of minor +officials. Removal by resolution of the legislature is sometimes +employed for getting rid of unfit or corrupt judges. In several states, +the method of recall has been instituted, by which, on petition of 25 +per cent of the voters, the officer must submit his case to the voters, +and if a majority of them pronounce in favor of his recall, he must +retire. + +=The Military Powers of the Governor.=--In every state the governor is +commander in chief of the military forces of the state and also of the +naval forces where there are any--a power which means little in times of +peace. Whenever there are riots or serious disturbances, however, this +power becomes important. When the disturbance is too great to be +suppressed by the local authorities, the governor may order out a +portion of the militia and may, if he elects, take charge of it himself. +There are few states where the governor has not at some time or another +been compelled to make use of this power. Mobs sometimes break into +jails and take out prisoners and lynch them; and sometimes strike riots +occur in mining or manufacturing communities, in which cases the +governor may be called upon to send troops to the scene of the +disturbance and keep them there until quiet and order have been +restored. + +_Power to Suspend the Writ of Habeas Corpus._--A usual part of the +governor's military power is the right to suspend the writ of habeas +corpus in communities where great disorders prevail, that is, to suspend +the power of the courts to release prisoners charged with violations of +the law, thus leaving unhampered the power of the military authorities +to restrain persons they may imprison. This power, however, is one which +might be grossly abused; therefore many state constitutions forbid the +suspension of the writ except under extraordinary conditions, and a +few, indeed, permit it to be suspended only by the legislature. + +_The Military Forces of the State_ consist usually of a number of +regiments of citizen soldiers, who are organized, uniformed, and +officered after the manner of the regular army of the United States, who +attend an annual encampment for purposes of drill and practice, and who +must always be ready to respond to the call of the governor. At the head +of the state militia is an officer called the adjutant general, through +whom the military orders of the government are issued and carried out. +The governor also has a military staff which accompanies him on +occasions of ceremony such as the inauguration of the President of the +United States, grand army reviews, and the like. + +=The Pardoning Power.=--In every state the governor is vested with the +power of pardoning offenders against the laws of the state, but in most +states the exercise of the power is subject to restrictions. The purpose +of vesting this power in the governor is to make it possible to correct +the errors of courts and juries, as where subsequent to the conviction +evidence is brought to light showing that the person convicted is +innocent, and has been wrongfully convicted, or where it becomes evident +before the full penalty has been paid that the offender has been +sufficiently punished and should be released. + +In many states boards of pardon have been provided for sharing with the +governor the responsibility for the exercise of this important +prerogative.[15] These boards are of two kinds: first, those whose powers +are limited to the hearing of applications for pardons and the making of +recommendations to the governor, who is not bound by their advice; and +second, those whose approval is necessary for the validity of any pardon +granted by him. Convictions for treason and in impeachment cases are +frequently excepted from the list of cases in which the governor may +grant pardons, though in the case of treason he is sometimes given the +power to suspend the execution of the sentence to await the action of +the legislature. In a number of states notice of an application for a +pardon must be published in the community where the applicant was +convicted, in order that the people of the community who have been +injured by his crime may have an opportunity to protest against the +granting of a pardon to him. Sometimes also the approval of the +presiding judge of the court in which the criminal was convicted is +necessary before a pardon may be granted. It is usual to require the +governor to make a report to the legislature at each session of all +pardons granted, and at the same time give the reason in each case why a +pardon was issued. + + [15] In several states certain of the state officers, one of whom is + the attorney-general, serve as the pardon board; in others, it is the + senate; and in Massachusetts and Maine it is the executive council. + +Generally with the right of pardon is included the power to grant +reprieves, that is, stays of execution; commutations, that is, the +substitution of a lesser punishment in the place of the one imposed; and +remission of fines and forfeitures. The right also usually includes the +power of amnesty or the power of granting by proclamation pardons to +large numbers of persons, as in the case of uprisings or insurrections +against the laws and authority of the state. A pardon may be absolute or +conditional; in the first case, it is granted without restriction; in +the second case, it is valid only on certain conditions, as where the +offender is required to lead an upright life or where he is required to +leave the state. Generally the governor of the state, unlike the +President of the United States, has no power to grant a pardon to an +individual offender before he has been convicted. + +=State Boards and Commissions.=--One of the remarkable political +tendencies of recent years has been the multiplication of boards and +commissions to aid in the government of the states. Every state now has +a number of such boards, and in some of the populous commonwealths such +as New York and Massachusetts there are upwards of a hundred of them. +Hardly a legislative session passes that does not create one or two +commissions for some purpose or other. These boards or commissions fall +roughly into five classes, as follows: + +First, many of these boards are of an industrial character, such as +boards of agriculture, food and dairy commissions, live stock, fish, and +mining commissions, and the like. In general their purpose is to promote +the agricultural, mining, and industrial interests, generally, of the +state, through the collection and dissemination of information +concerning the best method of conducting those industries. + +A second class of boards are of a more distinctly scientific and +research character, such as boards of health, bureaus of labor and +statistics, geological commissions, forestry boards, and the like. +Although some of these, like the board of health, are charged with the +execution of certain laws, the general purpose of all of them is +scientific research and the collection of data. + +A third class of boards are those charged primarily with the supervision +of certain businesses or industries affecting the public interest, and +with the enforcement of the laws relating to such businesses. Such are +the railroad commissions, commissions of insurance, public utility +commissions, commissions of inland fisheries, and the like. In some +instances these commissions not only have power to prescribe rules for +businesses affected with a public interest, but also to fix the rates +which they may charge. + +A fourth group of commissions or boards are those charged with examining +applicants for admission to practice certain professions or trades such +as medicine, dentistry, pharmacy, architecture, and plumbing. The +purpose of requiring such examinations is to secure a standard of +efficiency, and to protect society against quacks. + +A fifth class includes those which have supervision over the public +institutions of the state, educational, penal, reformatory, charitable, +etc. In recent years there has been a marked tendency to consolidate +boards of this class, by putting all the charitable and penal +institutions under the control of a single board, or under two boards, +one for charitable and the other for penal institutions. In a few states +all the higher educational institutions are under one board. + +Members of all these classes of boards are usually appointed by the +governor, though occasionally a board is made up of members chosen by +popular election. + +_State Administrative Reorganization._--In 1917 a more systematic +organization of state administration was established in Illinois. Nine +main departments were established, each under a director, in place of a +large number of former offices, boards, and commissions. Similar +reorganizations have since taken place in a number of other states. + +=The State Civil Service System.=--The number of persons necessary to +carry on the state government in its various branches is very large. In +order to provide a method by which subordinate employees can be selected +with regard to their fitness rather than with reference to their party +services, New York, Massachusetts, Illinois, Wisconsin, and other states +have enacted civil service laws establishing the merit system of +appointment. + +The recent civil service laws provide, in general, for the +classification of all positions other than those filled by popular +election, by executive appointment, or by legislative choice, and for +appointment to these positions only after an examination of the +candidates. Generally, those who pass the examination successfully are +placed on an eligible list in the order of the grades which they +receive, and when an office is to be filled, the appointing officer is +required to make his choice from the three candidates highest on the +list. For the filling of certain positions requiring technical skill, +special non-competitive examinations are given and less consideration is +given to academic qualifications. Certain positions are not placed under +the civil service rules, and the appointing authority is allowed to make +his choice without the necessity of examinations. Such are the positions +of private secretary, chief clerk, and other employees who occupy a +confidential relation to the heads of departments. + +The chief advantage of the examination system of filling civil service +positions is that it eliminates the evils of the spoils system and +places the public service on a merit basis. It must be admitted, +however, that the system is not perfect, because fitness for the +performance of administrative duties cannot always be determined by +examinations. Nevertheless, it is much better than the old method known +as the "spoils system," under which appointments were made for party +services; and it will in time, no doubt, be adopted in all the states. + + + =References.=--BEARD, American Government and Politics, ch. xxiv. + BRADFORD, Lessons of Popular Government, vol. ii, ch. 32. BRYCE, + The American Commonwealth (abridged edition), ch. xl. DEALEY, Our + State Constitutions, ch. v. FINLEY and SANDERSON, The American + Executive and Executive Methods, chs. iii, vi, vii, viii, ix. HART, + Actual Government, ch. viii. + + =Documentary and Illustrative Material.=--1. The legislative manual + of the state. 2. Copies of the governor's inaugural address, + messages to the legislature, veto messages, public proclamations, + etc. 3. Copy of the revised statutes (chapter on the executive + department). 4. Reports of the state officers to the governor. + + +RESEARCH QUESTIONS + +1. What is the term of the governor of your state? the salary? Do you +think the salary is adequate? What are the governor's qualifications? +Compare the provisions of the present constitution with those of +previous constitutions in regard to these matters. Is the governor +eligible to succeed himself? Is it customary to reelect the governor in +your state? What, in your opinion, are the relative merits of a one-year +term and a four-year term for the governor? + +2. Suppose a question should arise as to who was really elected +governor, what authority would determine the matter? Are there any +circumstances under which the legislature may elect the governor? Is the +governor of your state required to vacate his office immediately at the +expiration of his term, or is he allowed to hold over until his +successor has qualified? + +3. Make a list of the names of the men who have held the office of +governor of your state, indicating the years they served and the +political parties to which they belonged. (This information can be +obtained from the blue book or legislative manual or from some history +of the state.) + +4. Does the constitution of your state provide for a lieutenant +governor? In general, what has been the type of men elected to this +office? + +5. Make a list (from the blue book) of the offices in your state that +are filled by appointment by the governor. Do you think the appointive +power of the governor ought to be enlarged? Mention some offices now +filled by popular election which, in your opinion, should be filled by +executive appointment. + +6. May the governor of your state remove officers appointed by him? If +so, under what conditions? May he remove any officers elected by the +people? If he finds that the treasurer of the state has misappropriated +a large amount of state money, can he remove him? May the governor of +the state remove any local officers? Thus if the sheriff should allow a +prisoner in his custody to be lynched by a mob or the mayor of a city +should refuse to execute a state prohibition law, may the governor +suspend or remove such officers for neglect of duty? If not, are there +any means of punishing the negligent officer? + +7. What were the principal recommendations in the message of the +governor to the legislature at its last session? + +8. May the governor of your state veto particular items in appropriation +bills? May he sign a bill after the adjournment of the legislature? May +he veto a bill upon grounds of public policy as well as upon grounds of +unconstitutionality? How many bills were vetoed by the governor at the +last session? + +9. Is there a civil service law in your state? If so, to what offices +and employments does it apply? How are appointments made under the law? + +10. For what purposes and under what circumstances may the governor use +the military forces in your state? Have there been any instances +recently in which the militia was ordered out? What is meant by the +governor's "staff"? Find out from the blue book how many regiments of +the national guard there are in your state. + +11. Are there any restrictions on the power of the governor to grant +pardons? May he also grant reprieves and commutations? May he remit +fines and forfeitures? May he grant amnesties? Is there a pardon board +in your state? If so, how is it constituted and what are its powers? How +many pardons have been granted by the present governor? + +12. May the courts control the governor by issuing writs to compel him +to do his duty or to restrain him from doing certain things? May he be +arrested for wrongdoing? May he be compelled to give testimony in the +courts? If not, why not? Is there any way by which an unworthy governor +may be put out of office before the expiration of his term? Describe the +procedure by which this is done. + + + + +CHAPTER VI + +THE STATE JUDICIARY + + +=Function of the Courts.=--The legislature enacts the laws, the +executive officers enforce them, the courts interpret their meaning +and apply them to particular cases. The courts are also the +instrumentalities through which the rights guaranteed us by the +constitution and the laws are enforced. If your neighbor owes you a debt +and refuses to pay, if you make a contract with some one and he refuses +to perform the stipulations, if some one injures you in your person or +property, in these and countless other instances you must look to the +courts for protection or redress. They are the agencies for settling +disputes among men, for enforcing contracts, for trying and punishing +violations of the law, and for determining what our rights are when they +are drawn in dispute. + +=Grades of Courts.=--(1) _Justice of the Peace._--At the bottom of the +judicial system stand the courts of the justices of the peace, which +have jurisdiction of civil cases involving small amounts, usually less +than $150, and of petty offenses against the laws. On a level with these +courts are certain municipal courts in the cities. The justice of the +peace is a magistrate of ancient origin, and in reality his court is +important since it is to this court that large numbers of persons resort +for the settlement of their disputes. Too little attention is given to +the choice of the men who fill this important office, and the result is +that the court of the justice of the peace has long been and still is +the weakest part of our judicial system. Generally there are several +justices in every town or township. Usually they are elected by the +people, though sometimes they are appointed. One of the sources of the +evils connected with the system is that they are paid fees rather than +salaries. This system of compensation often leads them to solicit +business and sometimes to divide their fees with lawyers who bring cases +to them for trial. They not only try petty civil and criminal cases, but +they have the power to conduct preliminary examinations into more +serious offenses in order to determine whether there is ground for +holding the accused for trial. In case the justice thinks the evidence +warrants the trial of the offender, he "binds" him over to await the +action of the grand jury. + +(2) _County Courts._--Next above the court of the justice of the peace +is, in some states, the county court, so called because its territorial +jurisdiction embraces the entire county. This court has jurisdiction of +civil cases involving large amounts and of more serious criminal cases. +It also has the right to hear appeals from the justices of the peace. + +(3) _Circuit Courts._--Still higher in the judicial organization, in +most states, are the courts whose territorial jurisdiction embraces a +larger area of the state--usually a group of counties--and which are +empowered to try any civil or criminal case without reference to the +amount in controversy or the character of the offense. They are +generally styled circuit courts, because the judge usually travels from +county to county holding court in each county in the district or +circuit. Sometimes, however, they are called district or superior +courts, and in a few states "supreme" courts. + +(4) _The Supreme Court._--Finally, at the top of the judicial hierarchy +is the supreme court, or court of appeals, as it is sometimes called. +Unlike the other courts below, its jurisdiction embraces the whole +state, and the judges are elected or appointed usually from the state at +large. Unlike the other courts, moreover, instead of being held by a +single judge, it is held by a bench of judges, the number ranging from +three to nine in the different states. It has original jurisdiction in +certain cases, but its most important function is that of hearing +appeals from the decisions of the lower courts, and of deciding upon the +constitutionality of the laws. In cases appealed to it from the lower +courts, it has the final word of authority except where a federal +question is involved, in which case an appeal may be taken to the United +States Supreme Court. + +=Courts of a Special Character.=--The justice's, circuit, and supreme +courts are found in all the states, though sometimes designated by +different names. In addition to these, however, we sometimes find other +courts of a more or less special character. + +_Probate Courts._--Thus in many states there are separate probate courts +for the settlement of the estates of deceased persons, for dealing with +matters relating to wills and inheritances, and sometimes with matters +affecting orphans and minors. They are occasionally called surrogate's +or orphans' courts. In many states, however, there are no separate +probate courts, the probate business being taken care of by the county +court. In certain other states probate courts are separately provided +only for the more populous counties. + +_Juvenile Courts._--Frequently in the more populous cities there are +also juvenile courts for the trial of youthful offenders. + +_Equity Courts._--In a few states the distinction between law and equity +is still maintained, and equity jurisdiction is intrusted to a distinct +class of courts. Equity had its origin in the practice of the King of +England in early times in granting relief to suitors who, owing to the +deficiencies of the common law, could not obtain relief through the +courts of law. In time all such petitions came to be addressed to an +officer who stood very close to the king and who was called the +chancellor. Out of this office there were ultimately evolved the +chancery courts which administered justice, not according to the law, +but according to a less technical body of rules called equity. Thus +there came to be two bodies of rules according to which justice was +administered, and two classes of courts through which it was done. The +jurisdiction of equity courts included such matters as trusts, accounts, +fraud, mistake or accident, and the like. Equity could also prevent +wrongs, while law could only punish them.[16] Thus a court of equity +could command a person to do something for the benefit of an injured +person, or restrain him from committing an injury, while a court of law +could only award him damages after the injury had been done--a remedy +often worthless or inadequate. The English system of equity, like the +common law, was transplanted to America, and both are still in force +here except in so far as they have been modified by legislative acts. +England, however, abolished the separate system of equity courts in +1873, and left the law courts to administer equity wherever it was +applicable. Likewise, in the United States, separate equity courts have +been done away with in all except five states, leaving the same courts +to administer both law and equity. + + [16] Baldwin, The American Judiciary, p. 133. + + +=The Judges of Courts.=--_Qualifications._--Generally no qualifications +for the judicial office are prescribed by law, except in a few states +where it is required that judges shall be lawyers or be "learned in the +law." As a matter of fact, however, judges are nearly always lawyers, +except in the case of justices of the peace and police magistrates, +where extensive knowledge of the law is not essential. + +_Terms of Office._--The terms of the judges vary widely among the +different states. In the early days of our history, the judges generally +held their offices during good behavior or until the attainment of a +certain age, usually sixty or seventy years. With the growth of +democracy, however, most of the states came to adopt short terms for +judicial as well as for other public officials. Only in Massachusetts +and Rhode Island do the judges of the highest court now serve +practically for life. In New Hampshire they serve until they are 70 +years of age. Elsewhere the tenure varies from two years, in Vermont, to +twenty-one years, in Pennsylvania. In Maryland, the tenure is fifteen +years; in New York, fourteen; in several, it is twelve, in some nine, in +many six. The advantage of a long term is that it enables the judges to +acquire experience and renders them less affected by political influence +and popular clamor. + +_Methods of Choosing the Judges._--In early times the judges were chosen +either by the legislature or by the governor. Choice by the legislature +was objectionable because it often resulted in selection by political +caucuses and in a parceling of the judgeships among the different +counties or sections of the state. Appointment by the governor was +objectionable to many because it often resulted in the choice of +political favorites. Most of the states, therefore, abandoned these +methods of choice for popular election, Mississippi in 1832 being the +first state to adopt this method. Only in Delaware, Connecticut, New +Jersey, Massachusetts, New Hampshire, and Maine, are the higher judges +now appointed by the governor,--subject to the confirmation of the state +senate or the legislature,--and only in Rhode Island, Vermont, South +Carolina, and Virginia are they elected by the legislature. In all the +other states they are elected by the people. + +The arguments in favor of popular election are that it is more in +harmony with the principles of popular government, and, it is claimed by +some, tends to secure a higher class of judges, thus doing away with the +evils of executive appointment and of legislative choice described +above. The objection to this method, however, is that it compels +judicial candidates to engage in political contests, and by making their +tenures dependent upon popular favor subjects them to the temptation of +shaping their decisions to meet the approval of the people, who, +obviously, are not always qualified to judge of the soundness of +judicial decisions involving intricate questions of law. Such a method, +it is claimed by some, tends to secure the election of able politicians +rather than of able judges. + +_Compensation of the Judges._--The pay of the judges, like their terms +of service, varies widely among the different states. The salary paid +the judges of the highest court is not much more or less than the +governor's salary. The highest salary paid in any state to the judges of +the highest court is $13,700 per year, in the state of New York,[17] a +salary about as large as that of the justices of the United States +Supreme Court. In Illinois and a few other states, the justices of the +supreme court receive $10,000 a year. Many states pay less than $5,000 a +year. This scale of salaries is very low as compared with those in +England, where the highest judges receive $25,000, and the lowest, the +county judges, $7,500 a year. A few states have provided a system of +pensions for their higher judges who have served a certain number of +years or who have reached a certain age, after which they are allowed or +compelled to retire, but this provision has not yet become general. + + [17] Trial court judges in certain districts receive $17,500 a year. + +=Trial of Civil Cases.=--The cases brought before the courts for trial +are of two general classes: (1) civil actions and (2) criminal actions. +A civil action is a suit brought for the enforcement of a private right +or to secure compensation for damages on account of injuries sustained +through the violation of one's rights. Thus a creditor sues a debtor for +refusing to pay a debt; an owner sues to recover property which has been +wrongfully taken from him; a householder brings an action against his +neighbor for trespassing upon his premises; and so on. The person who +brings the action is called the _plaintiff_; the one against whom it is +brought, the _defendant_; and the two together are known as the +_parties_ to the action. + +_Beginning of a Civil Case._--A civil suit is usually started by the +filing of a complaint containing a statement of the facts, with the +court, which then issues a summons directing the sheriff or constable to +notify the defendant to appear and make answer. If the plaintiff is a +creditor and has reason to believe that the defendant is preparing to +dispose of his property with the intention of defrauding him, he may ask +the court to issue a _writ of attachment_ authorizing the sheriff to +take possession of the property. Or if the defendant is in wrongful +possession of property belonging to the plaintiff the latter may ask the +court to issue a _writ of replevin_ requiring the officers to seize the +property and turn it over to the plaintiff. In both cases, however, the +plaintiff is required to give a bond for the costs of the suit and for +the return of the property in case the court should decide that it does +not properly belong to him. The defendant now makes an answer or plea in +which he denies the charges of the plaintiff as a whole or in part, or +admits their truth but denies the right of action, or maintains that the +court has no jurisdiction, or pleads something else in bar of the +action. The complaint of the plaintiff and the answer of the defendant +are known as the _pleadings_. + +_The Trial._--The issue is now joined and the case is ready for trial. +If it is a suit in equity, it is tried by the judge alone without a +jury. If it is a suit at law, either party may demand a jury, but if +both parties agree to waive a jury trial, the case is tried by the judge +alone. Frequently civil cases are tried without juries, the parties +preferring to leave the decision to the judge. If, however, a jury trial +is preferred, a list of qualified persons is prepared and from this list +twelve persons, or six, as the parties may agree upon, are selected to +try the case. After the jury is sworn the attorney for the plaintiff +generally makes a statement of the facts upon which he rests his case. +He then calls his witnesses, who testify to their knowledge of the facts +as they are questioned by counsel. When the attorney for the plaintiff +has completed the examination of each witness, the attorney for the +defendant is allowed to cross-examine him. Witnesses are required to +confine their testimony to what they know to be the truth, and are not +permitted to tell what they believe to be true or what they have learned +from mere hearsay. + +After the plaintiff has introduced all his evidence, the defendant's +case is presented in a like manner, the counsel for the plaintiff this +time conducting the cross-examination. When the evidence for the +defendant is all in, the plaintiff may introduce evidence in rebuttal, +after which the defendant may do likewise. The next step is the argument +of counsel. The attorney for each side addresses the jury and endeavors +to convince it that the evidence sustains the facts which he has +undertaken to prove. The burden of proof in civil cases is usually on +the plaintiff, and his attorney generally has the privilege of closing +the argument. If the plaintiff has failed to make out a case the judge +may dismiss the suit without giving the case to the jury, or if the +evidence is such as to admit of but one conclusion, the judge may direct +the jury to return a verdict in accordance therewith. But if the +evidence leaves the question as to the facts in doubt, the case is given +to the jury and it alone can make the decision. Before sending the jury +to their room the judge instructs them as to the law applicable to the +case, but generally in this country he cannot comment on the weight of +the evidence or express any opinion as to the facts. The jury, after +receiving its instructions, retires from the court room and deliberates +in secret. If, after a reasonable time, the jurymen cannot agree upon a +verdict they so report to the judge and are discharged, and the trial +must be gone through with again. + +_Judgment; Execution_.--After the return of the verdict, the judge +enters judgment in accordance therewith. In most civil cases the +judgment, if for the plaintiff, requires the defendant to pay him a +certain sum of money as a compensation for the damages he has sustained. +If he refuses to pay, an "execution" is issued, that is, the sheriff is +required to seize and sell a sufficient amount of the defendant's +property to satisfy the judgment. If the suit is one in equity the +"decree," as the decision is called, is not usually for the payment of +damages but is a command to the defendant to do a specific thing, as, +for example, to carry out a contract or to pay a debt; or to refrain +from doing something, such as maintaining a nuisance to the injury of +the defendant. + +_Appeal._--After the verdict has been rendered, the losing party may +generally take an appeal to a higher court on the ground that errors +were committed by the judge in the course of the trial, as, for example, +the admission of improper evidence or the exclusion of proper evidence; +or because the verdict was contrary to the law and the evidence. The +higher court either affirms the judgment of the lower court or reverses +it. If it affirms the judgment, it must then be carried out; if it +reverses the judgment a new trial is granted and the whole procedure is +gone through again. + +=Trial of Criminal Cases.=--Criminal actions, unlike civil actions, are +brought, not by the injured party, but by the state whose peace and +dignity have been violated by the act complained of. The officer who +brings the action in the name of the state is called the _prosecuting +attorney_, the _district attorney_, or the _state's attorney_. He +conducts preliminary investigations into crimes and presents cases to +the grand jury for indictment. If the grand jury returns the indictment, +that is, decides that the accused shall be held for trial, the +prosecuting officer takes charge of the case and conducts it for the +state. + +_The Arrest._--Usually the first step in the trial of a person charged +with crime is to cause his arrest. The person injured, or any one else +who may have knowledge of the crime, appears before a magistrate and +makes a complaint setting forth the facts in regard to the crime. If the +magistrate is satisfied as to the truth of the complaint, he issues a +warrant commanding the sheriff or some other police officer to arrest +the accused. The warrant must particularly describe the offense, the +place where committed, and the circumstances under which it was +committed, and must give the name of the person to be arrested. But in +some cases an arrest may be made without a warrant, as when an offender +is seen committing a crime or when an officer has good reason to believe +that the person who is charged with committing a crime is the guilty +person. In practice, policemen frequently arrest on mere suspicion, and +if they do so in good faith they will rarely be held liable for damages. +Any private individual, as well as an officer, may arrest without +warrant a person whom he sees committing a crime. He may also arrest a +person whom he suspects of having committed a capital crime, although +without personal knowledge of his guilt.[18] + + [18] Baldwin, The American Judiciary, p. 227. + +_Commitment._--When arrested the accused is brought before a justice of +the peace and examined. If the justice of the peace, after such +examination, believes that the accused should be held for trial, he is +committed to jail. If the offense is a minor one it can be tried by the +justice of the peace. If it is a more serious crime the justice of the +peace can hold the offender to await the action of the grand jury. + +_Habeas Corpus Proceedings._--If at any time it is alleged that a person +is unlawfully deprived of his liberty, a judge may issue a writ of +habeas corpus and inquire into the case. In this way an accused person +may be set free if there is no sufficient reason for holding him. + +_Bail._--If the offense is not a capital one, the accused can secure his +release from the jail while awaiting trial by giving bail. That is, he +can get one or more persons to obligate themselves to pay to the state a +certain sum of money should he fail to appear for the trial at the time +set. Such persons are called sureties, and they have a certain power of +control over the accused as a means of insuring his appearance for the +trial. The constitutions of all the states allow the privilege of bail +except in capital cases, and they all declare that the amount of bail +required shall not be excessive, that is, shall not be more than is +sufficient to insure the appearance of the accused for trial. What this +amount is must be determined by the judge according to his own +discretion, due regard being paid to the gravity of the offense, the +nature of the punishment, and the wealth of the defendant or his +friends. If the offender has been bound over to await the action of the +grand jury, the next step in the proceedings is the indictment. + +_The Grand Jury_ is one of the ancient institutions of the common law. +The number of persons constituting the grand jury was originally +twenty-three, but many of the states have changed this, a common number +being fifteen. The grand jury is chosen by lot from a carefully prepared +list of persons in the county, qualified to serve. The members are sworn +in on the first day of the term of court and are then "charged" by the +judge to make a diligent inquiry into all cases of crime that have been +committed in the county, and to return indictments against such persons +as in their opinion should be held for trial. They then retire to their +room and conduct their investigations in secret. + +_The Indictment._--It must be remembered that the procedure of a grand +jury is not in the nature of a trial of the accused; it is only an +inquiry to ascertain whether there is sufficient evidence of guilt to +warrant his being put on trial. In conducting this investigation, the +grand jury hears only one side of the case, that of the prosecution, +neither the accused or his witnesses being heard. The prosecuting +attorney attends the sessions of the grand jury and aids it in the +conduct of its inquiries. He prepares the indictment and it is often +upon his recommendation that the grand jury decides to indict or not to +indict. In some states the procedure of indictment by grand jury for all +offenses, or for all except the most serious ones, has been done away +with, the accusation taking the form of an "information" filed by the +prosecuting attorney. One of the reasons given for abolishing the grand +jury is that it is often a source of delay since it can be called only +when the court is in session, and in some communities the court is not +in session for long periods in every year. + +_The Arraignment._--After the accused has been indicted the next step is +to bring him before the court and arraign him. The charge is first read +to him and he is directed to plead. If he pleads guilty, no further +action is taken and the judge imposes the sentence. If he pleads not +guilty, the trial proceeds. If he has no counsel to defend him, the +court appoints some member of the local bar to act as his attorney, and +the lawyer so designated is under a professional obligation to undertake +the defense and do all in his power to clear him. In this way the +murderer of President McKinley was enabled to have the benefit of +counsel. Many writers on criminal law, indeed, contend that the state +ought to employ regular public defenders for accused persons just as it +employs public prosecutors, since it should be equally interested in +seeing an innocent man acquitted as in seeing a guilty one convicted.[19] + + [19] In several instances provision has recently been made for such an + officer; for example, in Los Angeles. + +_Selection of the Jury._--The next step is the impaneling of a jury of +twelve persons to try the case. The law requires that the jury shall be +selected from the community in which the offense was committed, in order +that the accused may have the benefit of any good reputation which he +may enjoy among his neighbors. The jury is chosen by lot from a list of +persons qualified to perform jury service, and the jurymen are sworn to +return a verdict according to the law and the evidence. Each side is +allowed to "challenge," that is, ask the court to reject, any juror who +has formed an opinion of the guilt or innocence of the accused or who is +evidently prejudiced. In addition, each may reject a certain number of +jurors "peremptorily," that is, without assigning a cause. + +_The Trial._--After the jury has been impaneled, the prosecuting +attorney opens the trial by reciting the facts of the case and stating +the evidence upon which he expects to establish the guilt of the +accused, for the law presumes the prisoner to be innocent, and the +burden of proof to show the contrary rests upon the state. The procedure +of examining and cross-examining the witnesses is substantially the same +as in the trial of civil cases. There are well-established rules in +regard to the admissibility of evidence and the weight to be attached to +it, and if the judge commits an error in admitting improper evidence or +in excluding evidence that should have been admitted in the interests of +the accused, the prisoner may, if convicted, have the verdict set aside +by a higher court and a new trial granted him. One of the rules of +procedure is that the jury must be satisfied beyond a reasonable doubt, +from the evidence produced, that the accused is guilty. + +_Verdict; Sentence._--After being charged by the judge as to the law +applicable to the case, the jury retire to a room where they are kept in +close confinement until they reach a unanimous verdict. If they cannot +reach an agreement, they notify the judge, who, if satisfied that there +is no longer any possibility of an agreement, discharges them; then the +accused may be tried again before another jury. If a verdict of not +guilty is returned, the court orders the prisoner to be set free; if a +conviction is found, sentence is imposed and the punishment must be +carried out by the sheriff or some other officer. The usual punishment +is fine, imprisonment in the county jail or state penitentiary, or +death inflicted by hanging or electrocution. In a few states, notably +Maine, Michigan, Wisconsin, Rhode Island, and Kansas, punishment by +death has been abolished. + +_Probation; Reformation._--Imprisonment is generally for a specified +period, though recently in a number of states the indeterminate sentence +has been provided, that is, the judge is allowed to sentence the +offender for an indefinite period, the length of which will depend upon +the behavior of the prisoner and on the promise which he may show of +leading a better life after being released. When thus released he may be +placed on probation and required to report from time to time to a +probation officer in order to show that his conduct is satisfactory. If +unsatisfactory, he may be taken up and remanded to prison. The tendency +now in all enlightened countries is to adopt a system of punishment that +will not only serve as a deterrent to crime but at the same time help to +reform the criminal and make a better citizen of him. The old idea that +the purpose of punishment was revenge or retribution has nearly +everywhere disappeared, and in place of the severities of the old +criminal code we have introduced humane and modern methods which are +probably just as effective in deterring others from wrongdoing, and +besides conduce to the reformation of many unfortunate criminals. + + =References.=--BALDWIN, The American Judiciary, chs. viii, xii, + xiv, xv, xvii, xxii. BEARD, American Government and Politics, ch. + xxvi. BRYCE, The American Commonwealth (abridged edition), ch. xli. + HART, Actual Government, ch. ix. MCCLEARY, Studies in Civics, chs. + ii, vii. WILLOUGHBY, Rights and Duties of Citizenship, ch. vii. + + =Illustrative Material.=--1. The legislative manual or blue book of + the state. 2. A map showing the division of the state into judicial + districts. 3. Copies of legal instruments, such as warrants of + arrest, indictments, subpoenas, summonses, etc. + + +RESEARCH QUESTIONS + +1. What are the several grades of courts in your state? In what judicial +district or circuit do you live? Who is the judge for that district or +circuit? + +2. What are the terms of the supreme court justices? The circuit or +district judges? The county judges? Do you think these terms are too +short? Would a good behavior term be better? + +3. What is the pay of judges in your state? Do you think these salaries +are large enough to attract the best lawyers of the state? Are the +salaries fixed by the constitution or by act of the legislature? + +4. How are the judges chosen? Has the existing method given +satisfaction? Do you think judges should engage in politics? Where they +are chosen by popular election, should they canvass the district or +state as other candidates do? + +5. Are there separate chancery (equity) courts in your state? separate +probate courts? separate juvenile courts? If not, what courts have +jurisdiction of such matters as belong to such courts? + +6. How are justices of the peace in your state chosen? What is the +extent of their jurisdiction in civil cases? in criminal cases? What is +the method of compensating justices of the peace? + +7. How often is the circuit court held in your district? How often the +county court? + +8. How are juries selected in your state? How could a better class of +jurors be selected? Do the good citizens show a disposition to shirk +jury duty? What are the merits and demerits of the jury system? Do you +think a unanimous verdict ought to be required in criminal cases? + +9. Is the grand jury retained in your state for making indictments? If +not, how are indictments prepared? What is the difference between an +indictment and an information? + +10. Why are citizens never justified in resorting to lynch law even when +there is a flagrant miscarriage of justice? Has there ever been a case +of lynching in your county? + +11. What are some of the causes for the "delays of the law"? How could +delays be shortened and the trial of cases made more prompt? + +12. What are the qualities of a good judge? Upon whom are the rights of +the people most dependent, the executive officers or the judges? + + + + +CHAPTER VII + +SUFFRAGE AND ELECTIONS + + +=Nature of the Elective Franchise.=--The right of suffrage, that is, the +right to take part in the choice of public officials, is sometimes said +to be a natural and inherent right of the citizen, but in practice no +state acts upon such a principle. The better opinion, as well as the +almost universal practice, is that suffrage is not at all a matter of +right, but a privilege bestowed by the state upon those of its citizens +who are qualified to exercise it intelligently and for the public good. +No state allows all its citizens to vote; all the states restrict the +privilege to those who are at least twenty-one years of age; all confine +the privilege to those who are _bona fide_ residents of the community; +and some require educational, property, and other qualifications of +various kinds. On the other hand, eight states allow aliens who have +formally declared their intention of becoming citizens, to vote equally +with citizens in all elections.[20] The terms "voter" and "citizen," +therefore, are not identical or synonymous. + + [20] These states are Arkansas, Indiana, Kansas, Missouri, Nebraska, + Oregon, South Dakota, and Texas. + +=Existing Qualifications for Voting.=--In the early days of our history +restrictions on the voting privilege were much more numerous and +stringent than now. Most of the early constitutions limited the +privilege to property owners, and some prescribed religious tests in +addition. It is estimated that at the beginning of the nineteenth +century not more than one person in twenty had the right to vote, +whereas now probably the proportion is two in five. + +_Federal Restriction._--In the United States the power to prescribe the +qualifications for voting in both national and state elections belongs +to the individual states, subject only to two provisions: in fixing the +suffrage they cannot abridge the privilege (1) on account of race, +color, or previous condition of servitude, or (2) on account of sex. The +first provision is found in the Fifteenth Amendment to the Federal +Constitution, adopted in 1870, and its purpose was to prevent the states +from denying the privilege of suffrage to negroes who by the Fourteenth +Amendment, adopted in 1868, had been made citizens of the United States. +The second provision is in the Nineteenth Amendment adopted in 1920. +These provisions do not, however, prevent the states from limiting the +privilege on other grounds, such as illiteracy, criminality, vagrancy, +nonpayment of taxes, and the like. + +_The Residence Requirement._--In the first place, all the states require +residence for a specified period in the state and in the election +district in which the voter exercises his privilege of voting. The +purpose of this requirement is to confine the franchise to those who +have become identified with the interests of the community, and to +exclude outsiders or newcomers who are unfamiliar with local conditions +and unacquainted with the qualifications of the candidates. The required +length of residence in the state ranges from three months in Maine to +two years in most of the Southern states, the more usual requirement +being one year. The period of residence required in the county or +election district is shorter, the most common requirement being three +months in the county and one month in the election district. + +_Educational Tests._--In addition to this requirement, nearly one third +of the states insist upon some kind of educational test. Connecticut in +1855 was the first state to require ability to read and write. +Massachusetts followed her example shortly thereafter, and the precedent +set by these two states was soon followed, with modifications, by +California, Maine, Wyoming, New Hampshire, Delaware, and Washington. + +The adoption of the Fifteenth Amendment in 1870, which indirectly +conferred the right to vote on the negro race, and the unfortunate +results which followed the enfranchisement of the large mass of blacks +in the South, led some of the Southern states to adopt educational and +other restrictions to diminish the evils of an ignorant suffrage. +Mississippi in 1890 took the initiative, and required ability either to +read the constitution of the state or to understand it when read by an +election officer. South Carolina followed her example in 1895, but with +the modification that an illiterate person who was the owner of at least +$300 worth of property should not be disfranchised. Louisiana, Alabama, +North Carolina, Virginia, Oklahoma, and Georgia followed with +restrictions based on similar principles. In several of these states, +however, the educational qualification does not apply to those who were +voters in 1867 (when the negro race was still unenfranchised), or to +their descendants, or to those who served in the army or navy during the +Civil War. But in 1915 the Supreme Court of the United States decided, +in the case of Oklahoma, that these so-called "grandfather" provisions +were unconstitutional. + +_Other Persons Excluded._--Most of the states deny the right to vote to +convicted criminals, idiots, and insane persons; some, particularly +those of the South, insist that the voter must have paid his taxes; some +exclude vagrants, paupers, and inmates of public institutions. + +=Woman Suffrage.=--For a long time women everywhere were denied the +right to vote, even long after their civil disabilities had been +removed. The principal arguments advanced by the opponents of woman +suffrage were: that active participation of women in political affairs +would tend to destroy their feminine qualities by forcing them into +political campaigns, and thus causing them to neglect their children; +that it would tend to introduce discord into family life by setting +husband against wife on political issues; that since women are incapable +of discharging all the obligations of citizenship, such as serving in +the army, militia, or police, they ought not to have all the privileges +of citizenship; that a majority of the women did not desire the +privilege of voting; and that men could be trusted to care for the +interests of the whole family. + +[Illustration: VOTER CASTING A BALLOT] + +[Illustration: WOMAN SUFFRAGE PARADE, WASHINGTON, D.C., MARCH 3, 1913] + +_Arguments in Favor of Woman Suffrage._--In favor of giving the ballot +to women, it was argued that differences of sex do not constitute a +logical or rational ground for granting or withholding the suffrage if +the citizen is otherwise qualified; that women should be given the +ballot for their own self-protection against unjust class legislation; +that since millions of them had become wage earners and were competing +with men in nearly every trade and occupation and in many of the learned +professions, the argument that the wage earner should have the ballot as +a means of defense applied equally to women as to men; that since the +old civil disabilities to which they were formerly subject, such as the +inability to own real estate, enter into contracts, and engage in +learned professions had been removed, it followed logically that their +political disabilities should be removed also; and that since many of +them had become property owners and taxpayers it was unjust to permit +the shiftless nontaxpaying male citizen to take part in choosing public +officials and at the same time deny the right to women taxpayers. +Moreover, it was argued that the admission of women to a share in the +management of public affairs would elevate the tone of politics and +conduce to better government. Women are vitally interested in such +matters as taxation, education, sanitation, labor legislation, pure food +laws, and better housing conditions in the cities, and it was maintained +that in those states where they had been given the right to vote they +had been instrumental in securing wise legislation on many of these +subjects. Finally, it was argued, the fact that some women do not care +for the privilege is no reason why it should be denied to those who do +desire it. + +_The Enfranchisement of Women._.--These arguments in favor of suffrage +for women gradually made a strong appeal to the men and one state after +another conferred a limited suffrage on women citizens. At first they +were allowed to vote in school elections, or in municipal elections, or +on proposed bond issues (if they were taxpayers). From this it was a +short step to equal suffrage with men in all elections and by 1920 there +were some sixteen states in which this right had been conferred upon +women. In the meantime various foreign countries, including England and +even Germany, had granted the full right of suffrage to women. After +long agitation on the part of American women, Congress in 1919 submitted +to the state legislatures an amendment to the Federal Constitution +providing for full woman suffrage in all the states, and this nineteenth +amendment was ratified in 1920. + +=The Duty to Vote.=--The better opinion is that the exercise of the +suffrage is not only a high privilege conferred by the state on a select +class of its citizens, but is a duty as well. Among the great dangers of +popular government are indifference and apathy of the voters. If popular +government is to be a success, we must have not only an intelligent and +honest electorate but also one which is wide-awake and vigilant. Under a +democratic system of government like ours, the character of the +government is largely what the voters make of it. If we are to have +capable and honest officials to enact laws and enforce them, the voters +must see to it that such men are nominated and elected and compelled by +the pressure of a vigorous and alert public opinion to the faithful +performance of their duties. Every voter should inform himself as to the +qualifications of candidates for office and as to the merits of policies +upon which he is called to express an opinion, and having done this, he +ought to go to the polls and contribute his share to the election of +good men and the adoption of wise public measures. + +_Compulsory Voting._--The question has sometimes been discussed as to +whether one who possesses the privilege of voting ought not to be +legally required to exercise it just as the citizen is compelled to +serve on the jury or in the militia. Several European countries, notably +Belgium and Spain, have adopted a system of compulsory suffrage under +which failure to vote is punishable by disfranchisement, an increase of +taxes, publication of the name of the negligent voter as a mark of +censure, etc. But however reprehensible the conduct of the citizen who +neglects his civic obligations and duties as a member of society, it is +hardly the province of the state to punish the nonperformance of such a +duty. Moreover, if required by law the duty might be exercised as a mere +form and without regard to the public good. Better results are likely to +be obtained by treating it as a moral duty and a privilege rather than a +legal obligation. But public opinion ought to condemn the citizen who +without good cause neglects his obligations to society, one of which is +the duty to take part in the election of those who are responsible for +the government of the country. + +=The Registration Requirement.=--Nearly all of the states now require as +a preliminary condition to the exercise of the suffrage that the voter +shall be "registered," that is, that he shall have his name entered on a +list containing the names of all qualified voters in the election +district who are entitled to take part in the election. The purpose of +this requirement is to prevent double voting and other abuses of the +electoral privilege. In densely populated districts it is impossible for +the election judges to know personally all the voters, and hence without +some means of identifying them it would be difficult to prevent persons +outside the district from taking part in the election or to prevent +those properly qualified from voting more than once. In a few +communities, however, the old prejudice against such a requirement still +prevails; for example, the constitution of Arkansas declares that +registration shall not be required as a condition to the exercise of the +elective franchise. + +_Methods of Registration._--Two general types of registration +requirements are now in existence. One is the requirement that the voter +shall present himself in person before the board of registration prior +to each election and get his name on the list. The chief objection to +this requirement is that it constitutes something of a burden to the +voter and often disfranchises him on account of his negligence or +inability to register on the day prescribed. + +The other type of registration requirement is in force in Massachusetts, +Pennsylvania, and many other states. Where this system prevails, when +the voter's name is placed on the registration list, it is kept there so +long as he remains in the district, and it is unnecessary for him to +register each year. The principal criticism of this plan is that the +registration list is less likely to be correct, because the names of +persons who have died or moved away are likely to be kept on the list; +whereas under the other method they would be stricken off. + +=Time of Holding Elections.=--National elections for the choice of +President and Vice President are held on the Tuesday after the first +Monday in November every four years. Elections for representatives in +Congress are held on the same date, in most states, every second year. +Elections for state officers are generally held on the same day as +national elections, though where state officers are chosen annually, +state elections of course come oftener. A few states, however, prefer to +hold their elections at a different date from that on which national +elections are held. Four states, Kentucky, Maryland, Massachusetts, and +Virginia, hold theirs in the odd years, while national elections always +occur in the even-numbered years. A few others which have their +elections in the even-numbered years hold them at a different time of +the year from that at which national elections are held. Thus Arkansas +and Maine hold their state elections in September, Georgia holds her +election in October, and Louisiana holds hers in April. + +In many of the states an attempt is made to separate national and state +elections from municipal elections in order to encourage the voters to +select municipal officers without reference to state or national issues. +Thus in New York, where national and state elections occur biennially in +the even-numbered years, city elections are held in the odd-numbered +years. Likewise, in Illinois, city elections are held in April, while +state and national elections are held in November. So, too, in some +states judicial elections are held at a different date from other +elections, in order to minimize the influence of party politics in the +selection of judges. + +Other local elections--township, county, and village--are held in some +cases at the same time as the state election, and in other cases such +elections, or some of them, are held on different days. + +=Manner of Holding Elections.=--Before an election can be held, due +notice must be given of the time and place at which it is to be held and +the offices to be filled or the questions of public policy to be +submitted to the voters. For the convenience of the voters the county or +city is divided into districts or precincts each containing a +comparatively small number of voters, and for each district there is +provided a polling place with the necessary number of booths, ballot +boxes, and other election paraphernalia. The responsibility for +preparing the ballots, giving notice of the election, and providing the +necessary supplies is intrusted to certain designated officials. +Sometimes the county clerk, sometimes the city clerk, and sometimes, as +in the large cities, a board of election commissioners, performs these +duties. + +_Election Officers._--At each polling place, on election day, there is a +corps of election judges or inspectors, poll clerks, ballot clerks, and +the like. Each party is allowed to have one or more watchers, and +frequently there is a police official to maintain order at the polls. +While the polls are open, electioneering within a certain number of feet +of the election place is forbidden, and usually no person except the +election officers, the watchers, and the person who is casting his +ballot are allowed in the polling room. Every polling place is equipped +with one or more voting booths which must be so constructed as to insure +secrecy on the part of the voter while he is marking his ballot. The +polls are opened at a designated hour, and before the balloting begins +the ballot boxes must be opened and exhibited to show that they are +empty, after which they are locked and the casting of the ballots +begins. + +=Evolution of the Ballot.=--In the early days of our history, voting was +by _viva voce_, that is, by living voice. Each voter as he appeared at +the polling place was asked to state the names of the candidates for +whom he desired to vote, and this he did in a distinct voice that could +be heard by the bystanders as well as the election officials. The +obvious objection to such a method was that it did not secure secrecy, +and moreover it stimulated bribery because it was easy for a person who +purchased a vote to see that the vote was delivered as paid for. The +states soon began to experiment with the method of voting by ballot, and +the advantages were so evident that in time this method was adopted in +all of them, the last state to abandon the old method being Kentucky in +1891. + +At first written ballots were generally used; then it became the +practice for each candidate to print his own ballots; and later each +party would put on the same ballot the names of all the party candidates +and have them printed at the expense of the party. Each of these methods +had its disadvantages. When the last method prevailed, for example, the +ballots of the different parties were printed on different colored +paper, so that it was easy to ascertain a voter's intentions by the +color of the ballot in his possession. These ballots were distributed +days before the election and were frequently marked by the voter before +going to the polls. Such a system not only made secret voting difficult, +but it afforded abundant opportunities for using undue influence over +certain classes of persons to compel them to vote for particular +candidates. To remove these and other evils which increased as time +passed, the Australian ballot system, with modifications, was introduced +into this country, first by the state of Massachusetts in 1888, and in +one form or another it is now found in practically all the states. + +=The Australian Ballot.=--The distinguishing features of the Australian +system are the following: The names of all the candidates of every +political party are placed on a single ballot; this ballot is printed at +public expense and not by the candidates or parties; no ballots are +distributed before the election, and none are obtainable anywhere except +at the polls on election day, and then only when the voter presents +himself to vote; and the ballot can be marked only in voting booths +provided for the purpose, and in absolute secrecy. + +The Australian system has been more or less modified in all the states +where it has been introduced, so that it really does not exist in its +pure form anywhere in this country, the nearest approach to it being the +Massachusetts system. The prevailing forms may be reduced to two general +types: the "office column" type, of which the Massachusetts ballot is a +good example; and the "party column" type found in Indiana and many +other states. + +_The "Office Column" Ballot_ has the names of the candidates for each +office arranged in alphabetical order under the title of the office, and +to vote such a ballot it is necessary for the voter to look through each +column, pick out the candidate he favors, and mark a cross in a blank +space opposite each name for which he votes. To do this requires not +only considerable time, but a certain amount of intelligence and +discrimination. + +[Illustration: OFFICE COLUMN BALLOT Part of Massachusetts Ballot of +November, 1908] + +[Illustration: PARTY COLUMN BALLOT Part of Indiana Ballot of November, +1908] + +_The "Party Column" Ballot_ arranges the candidates, not under the +offices which they are seeking, but in parallel columns according to +political parties, there being a column for each party. Opposite each +candidate's name on the "party column" ballot is a blank space, and at +the head of each column is a circle and usually a device or emblem to +indicate the party. By making a mark in this circle the voter may cast a +ballot for all the candidates of the party. This is called "straight" +voting. He may if he wishes, however, vote a "split" ticket by putting a +cross in the blank spaces opposite the names of candidates of his choice +in the different columns. The chief objection that has been urged +against this type of ballot is that by making it so easy to vote a +"straight" ticket, it encourages strict party voting, whereas +independent voting, especially in city elections, should be encouraged +by every possible means. + +The "office column" ballot, on the other hand, encourages independent +voting by making it just as difficult to vote a "straight" ticket as a +"split" one. In Massachusetts there has been a remarkable amount of +independent voting, due partly to the form of ballot used. The "office +column" type of ballot is now used for all elections in about one fourth +of the states, and in a number of others for municipal elections. + +=Ballot Reform.=--In recent years there has been considerable discussion +of the subject of ballot reform, and not a little experimenting with +different schemes. Political reformers generally demand the abolition of +the "party column" form, or at least the abolition of the party circle, +as a means of discouraging straight party voting, but the professional +politicians insist upon its retention. Whatever may be the form +ultimately adopted, one reform is desirable, namely, greater +simplification, to the end that the electoral franchise may be exercised +more intelligently and easily. In some of our states the number of +elective offices has increased to such proportions, and the ballot to +such size, that it has become a real burden to vote it. + + A ballot used in Chicago in 1906 contained the names of over 330 + candidates and was over two feet in length and nearly two feet in + width. From this bewildering array of names the voter was compelled + to pick out his choice for the following offices: state treasurer, + state superintendent of public education, trustees of the + University of Illinois, representative in Congress, state senator, + representative in the state assembly, sheriff, county treasurer, + county clerk, clerk of the circuit court, county superintendent of + schools, judge of the county court, judge of the probate court, + members of the board of assessors, judges of the municipal court + for the two-year term (nine to be elected), members of the board of + review, president of the board of county commissioners, county + commissioners (ten to be elected on general ticket), trustees of + the sanitary district of Chicago (three to be elected), clerk of + the municipal court, chief justice of the municipal court, judges + of the municipal court (nine to be elected), judges of the + municipal court for the four-year term (nine to be elected). In + Oregon in the election of 1912 the ballot contained the names of + 177 candidates and 37 laws and amendments. + +To vote ballots containing many names requires a good deal of care, if +not experience, to avoid error which will result in having it thrown +out, for the regulations governing the marking of the ballot are very +strict and must be observed if the vote is to be counted. Accordingly, +elaborate instructions covering large sheets are posted throughout the +election district and at the polls for the guidance of the voters, and +these have to be carefully studied by inexperienced voters who desire to +avoid mistakes. Sample ballots also may be provided for practice. One +result of the increasing complexity of the ballot is to give an +undesirable advantage to the professional politicians who understand how +to vote such ballots, and to discourage those who are not politicians. + +_Voting Machines._--A few states have adopted voting machines, +especially for their large cities. These are so arranged that the voter +may, by going into a booth and pulling a number of knobs, register his +vote quickly and without the danger of spoiling his ballot. When the +polls are closed the results are already recorded on a dial, and the +long delay in counting the returns is eliminated. The chief objection to +the voting machine, however, is the expense, and this has prevented its +more general adoption. + +=Formalities of Voting.=--When the voter presents himself at the +polls[21] he must announce his name and address to the election +officials. If his name is found on the registration list, he is given a +ballot and his name entered on the poll book. He then enters a booth, +where he marks his ballot, for which purpose he is allowed to remain +therein not exceeding a certain length of time. He must not mark his +ballot in such a way that it can be identified after it has been placed +in the ballot box, and no erasures are allowed. If he spoils his ballot +he will be given another, and if he is physically unable to mark it, or +if, in some states, he is illiterate, he will be allowed the assistance +of two persons representing different political parties. His right to +vote may be challenged, in which case he will be required to identify +himself or "swear in" his ballot, a record of which must be duly kept. +When he has marked his ballot he must fold it in such a manner as to +conceal its face, and hand it to one of the election judges, who +announces the name of the voter; the fact of his voting is recorded, and +the ballot placed in the box. + + [21] Most states have laws allowing voters to leave work for a certain + length of time on election day without deduction of wages. A few states + provide means for taking the votes of those who are necessarily absent + on business on election day. Many states provide for taking the votes + of men serving as soldiers in time of war. + +At a certain hour prescribed by law the polls are closed, after which +the votes are counted; and when this task is complete the returns are +announced. Generally the ballots must be preserved for several months in +order that an opportunity may be offered for a recount in case the +election is contested. Usually the ballots cannot be reopened and +recounted except by order of a court or of the committee on elections of +the legislature. + +=Legislation Against Fraudulent Voting; Corrupt Practices Acts.=--For a +long time in this country there was little legislation designed to +regulate the conduct of elections and to protect the exercise of the +electoral privilege against fraud. The principal evils of the old system +were: lack of secrecy in voting; the use of separate ballots printed by +the candidates or their party organizations; the distribution of these +ballots before election day; lack of means for identifying the voters; +bribery, intimidation, treating, and the use of other objectionable +means for influencing voters; "repeating"; ballot box "stuffing"; and +the like. To eliminate or diminish these and other evils, practically +all the states have passed laws of one kind or another. They are +generally known as corrupt practices acts and are, for the most part, +based on the English law of 1883. Much of this legislation is detailed +and complex, and some of it is still in the experimental stage. + +The corrupt use of money in elections has come to be one of the greatest +political evils of our time. The buying of votes is a very common +practice in some communities, and unfortunately is not as strongly +condemned by public opinion as it should be. Some 50 per cent of the +voters in one county of Ohio were disfranchised by the court for selling +their votes in the general election of 1910. The growth of great +corporations, many of which desire legislation in their interest, or +immunity from unfavorable laws, has introduced a more or less +corrupting element in our political life. Some states have enacted laws +forbidding corporations, under heavy penalties, from making +contributions to the campaign funds of political parties. Others have +forbidden the practice of political committees of assessing office +holders for campaign purposes. Some have gone to the length of +forbidding "treating" and other similar means of influencing voters. +Some limit the amount of money that may be spent by a candidate or his +friends in the conduct of his campaign, usually specifying the purposes +for which expenditures may be made. Thus the Connecticut and New York +laws allow expenditures only for such matters as the rent of halls, +compensation of speakers and musicians, fireworks, printing, +lithographs, advertisements, traveling expenses, postage, telegrams, +hiring of carriages to take voters to the polls, and the like. A few, +however, prohibit the hiring of carriages, and some forbid the giving +away of liquor at elections. Some states require candidates to make +sworn itemized statements of the expenditures incurred by them on +account of the election, and some fix the maximum amount that may be +expended. Thus in New York a candidate for governor may expend only +$10,000 on account of his candidacy; candidates for other state officers +are permitted to spend $6,000. The need of limitations was illustrated +by the fact that the Democratic candidate for governor of New York in +1906 spent over $256,000 in the prosecution of his candidacy, and a +candidate for state senator spent $30,000 to secure an election.[22] A +recent candidate for the United States senate in a Western state +admitted that his aggregate expenses were $107,000, and another +testified that he spent $115,000 in the effort to secure an election. + + [22] Fuller, "Government by the People," p. 150. + +_State Contributions to Party Campaign Funds._--In the belief that the +state ought to bear a part of the candidate's expenses, to the end that +the poor office seeker may be more nearly on an equal footing with the +candidate of means, Colorado recently passed a law providing that the +state should contribute to the campaign fund of each political party a +sum of money equal in amount to twenty-five cents for every vote cast by +the party for governor at the preceding election. The law allowed the +candidates themselves to spend their own money to aid in their election, +but prohibited other persons or corporations from making contributions. +In short, the expense was to be borne by the state and the candidate +alone. This Colorado law, however, was declared unconstitutional by the +state courts. + +_Other Restrictions._--In some states also the expenditures of party +committees are limited, and such committees are required to make sworn +statements of their expenditures and the purposes for which they were +made. Several states prohibit the payment by other persons of a voter's +poll tax where the payment of such a tax is a condition to the voting +privilege. + +Everywhere there are laws against bribery, intimidation, fraudulent +voting, and most of the other election offenses. More and more, public +sentiment demands that elections shall be free from the taint of +corruption, to the end that the results shall represent the real choice +of the people and thus popular government made to be what its founders +intended that it should be. + + =References.=--BEARD, American Government and Politics, pp. + 453-457; also ch. xxiii. FULLER, Government by the People, chs. + ii-vi, viii-xi. GARNER, Introduction to Political Science, ch. xv. + HART, Actual Government, ch. iv. + + =Documentary and Illustrative Material.=--1. Legislative manual or + blue book of the state. 2. The election laws of the state. 3. Copy + of instructions to voters. 4. Specimen ballots. + + +RESEARCH QUESTIONS + +1. What are the qualifications for voting in your state? + +2. When were women first allowed to vote in your state? + +3. Are there any offices in your state held by women? + +4. How many voters are there in your state? + +5. Is there a registration requirement? + +6. Do you think the right to vote should be restricted to persons who +are able to read and write? + +7. Give the date on which state elections are held in your state; city +elections; judicial elections. Why should national, state, and city +elections be held on different dates? + +8. Name some offices in your state now filled by popular election which +in your opinion should be filled by appointment. + +9. Who are the election officers in your county? + +10. What is the usual location of the polling place in your ward or +precinct? + +11. Explain the difference between a "party column" and an "office +column" ballot. Which type of ballot is used in your state? In case the +former is used does it contain a party circle and a party symbol at the +head of each column? + +12. Procure a specimen ballot used at the last election and explain how +to mark and cast it. + +13. Are voting machines used in your state? If so, where? + +14. Is there a law in your state against the improper use of money in +elections? Does it specify the purposes for which campaign expenditures +may be made? Are candidates required to make sworn statements of their +election expenses? Are there any limitations on the amount a candidate +is allowed to spend? + +15. Do you think corporations should be prohibited from making +contributions to the campaign funds of political parties? + + + + +CHAPTER VIII + +POLITICAL PARTIES AND NOMINATING METHODS + + +=Nature and Functions of Political Parties.=--Political parties are +organized by groups of voters for the purpose of promoting the success +of the policies in which they believe, and in order to secure the +nomination and election of public officials who are in sympathy with +those policies. Men differ in their opinions on matters of government as +they do on matters of religion, and hence they come to constitute well +differentiated groups. Whenever such a group becomes large enough to +prosecute a concerted policy and organizes itself for the purpose of +furthering its views in governmental matters, it becomes a political +party. A political party is, therefore, composed of voters who hold +substantially the same opinions in regard to certain public questions or +certain principles of government. It is a purely voluntary organization, +however, and any voter may decline to ally himself with any party, or, +having done so, may change to another party whenever he wishes, or he +may unite with others of a like mind and form a new party. While men can +probably further the cause of good government best by means of +organization and concert of action, no citizen should think more of his +party than he does of his country, and whenever the purposes of a +political party are prostituted for other ends than the public good no +voter should feel morally bound to continue his support of such a party. + +[Illustration: A NATIONAL NOMINATING CONVENTION] + +_National Parties._--Under a system of popular government where public +policies are determined by the people and public officials are chosen by +popular election, political parties are inevitable if not essential. +Almost from the beginning, therefore, we have had political parties in +this country, each believing in certain policies and each endeavoring to +gain control of the government in order to carry out those policies. For +the promotion of policies that are national in character, such as those +relating to the tariff, the currency, or the foreign policy of the +country, national parties have been formed with organizations extending +throughout the entire country. + +_Local Parties._--For the most part the organization of the national +parties extends downward through the states and their local +subdivisions, and are made use of in local as well as in national +elections. As the issues which divide the people in national elections, +however, are not always the same as those which divide them in state and +local elections, we sometimes have a realignment of parties in local +contests, and sometimes new parties of a local character are organized. +This, in fact, is to be desired for the reason that issues of a local +character ought not to be determined with reference to the views of men +on issues of a national character. It is wrong, for example, for +Democrats and Republicans who agree upon the issues involved in a +municipal election to oppose each other in such a contest merely because +they do not agree on the expediency of a protective tariff or of a gold +standard in money matters. In purely local elections national party +lines should cut no figure; local issues should be judged wholly on +their merits without reference to national questions. + +=Existing Political Parties in the United States.=--At the present time +there are two great political parties in the United States, the +Democratic party and the Republican party, each with an organization +extending to every part of the country, and together including the great +majority of the voters. + +_The Democratic Party._--In a general way, we may say that the +Democratic party is composed of men who believe that the sphere of the +national government should not be extended beyond what a strict +interpretation of the Federal Constitution warrants; that the rights of +the states should be interfered with as little as possible; and that the +activities of government, whether national, state, or local, should be +kept down to a minimum so that the individual shall be allowed the +largest measure of freedom consistent with the maintenance of order, +peace, and security. This party has uniformly opposed a protective +tariff, ship subsidies, imperialism, and the extension of the powers of +the national government through "constructions" of the Constitution. On +the money question the party has not always been united, though for the +most part it has opposed the single gold standard and favored a +bimetallic standard coupled with the free coinage of silver as well as +of gold. + +_The Republican Party_ has contended for a liberal interpretation of the +Federal Constitution, especially those parts relating to the powers of +the national government, which it desires to see extended; it has shown +less sympathy than the Democratic party for the rights of the states; it +is the champion of the protective tariff, of internal improvements under +federal auspices, of colonial expansion, liberal pensions for soldiers +and sailors of the Civil War, of subventions for the merchant marine, +negro suffrage, and of a gold monetary standard. From the accession of +the Republican party to power in 1860 with the election of Abraham +Lincoln as President, down to 1913, it controlled the executive +department of the national government continually with the exception of +eight years when Grover Cleveland was President (1885-1889; 1893-1897). +During most of that period it controlled Congress, though several times +the Democratic party had a majority in one or the other house and +occasionally for a short time it was in the majority in both houses. + +Some state governments are controlled by one party, and some by the +other. Since 1875 the Democratic party has usually been in power in +nearly all of the Southern states, and the Republican party in more than +half of the other states; but in some states control often shifts from +one party to the other. + +_The Progressive Party_ was organized in 1912 mainly but not wholly by +those members of the Republican party who felt that this party was not +sufficiently progressive in its policies and that it attached rather too +much importance to the interests of special classes and too little to +the rights of the masses of the people. First of all, it advocated a +larger social and industrial justice for men and women, especially the +working classes. It favored national jurisdiction over such matters as +cannot be effectively regulated by the states; public ownership of +forests, coal and oil lands, and water power; and suffrage for women. At +the election of 1912 the new party polled a total vote of 4,100,000 for +its presidential candidate, Theodore Roosevelt; but a few years later +the party went out of existence. + +_The Prohibition Party._--Besides the Democratic, Republican, and +Progressive parties, there are several minor parties with organizations +of a national character. The oldest of these is the Prohibition party, +organized in 1872 to promote the movement for the abolition of the +manufacture and sale of intoxicating liquors. Since its organization, +it has regularly nominated candidates for President and Vice President +of the United States, and in many states it nominates candidates for +state offices and for the legislature. Not infrequently it has succeeded +in electing some of its candidates to the legislature, and it has been +instrumental in securing the enactment of local option laws and even +state-wide prohibition laws in several states. + +_The Socialist Labor Party_, organized in 1892, advocates government +ownership of land, railways, telegraph lines, and other means of +production and transportation. _The Socialist Party_, organized in 1904 +mainly from the Socialist Labor party, advocates essentially the same +views. At the election of 1912 it cast about 900,000 votes throughout +the country, and in 1916 about 600,000. In 1919 a large section of the +party, composed of radicals who advocate the Bolshevist regime of +government by the working class, split off and formed the _Communist +Party_. + +=Party Organization.=--Political parties, like other associations which +have ends to promote, must have organization. For the conduct of +national campaigns, each of the parties has a national organization; for +state purposes there is a state organization; and usually there are a +county and a district organization. The characteristic feature of party +organization is the use which is made of committees. The organization +everywhere consists of a committee, at the head of which is a chairman, +and which has also a treasurer and usually a secretary. The chairman is +usually an experienced political leader; sometimes he is at the same +time an office holder. + +_The Convention._--The policies of the party are formulated by a +convention which is a representative gathering composed of delegates +chosen directly by the members of the party or by local conventions. The +national convention, to be described hereafter, is composed of a +certain number of delegates from each state, while the state convention +is composed of delegates chosen from the counties, the legislative +districts, or other units. The county convention is composed of +delegates from the districts into which the county is divided, and the +city convention of delegates from the wards or precincts. This is the +usual rule, but here and there are variations. The state convention +formulates the principles of the party and sets them forth in a document +called the platform; it nominates the candidates of the party, except in +those states where they are nominated by a direct primary; and it +appoints the central committee, selects the chairman, and transacts such +other business as may come before it. It is, in short, the supreme +sovereign authority of the party in the state. It is usually a large +body, sometimes comprising 1,000 or more delegates, and in Massachusetts +as many as 2,000. + +_Committees._--The committee is a select body for carrying on the +campaign and attending to such other matters as may be intrusted to it. +The national committee is composed of one member from each state; the +state committee, usually of delegates from the counties or legislative +districts. The New York Republican state committee is composed of one +delegate from each congressional district in the state, while the +Democratic committee consists of one delegate from each of the fifty-one +senatorial districts of the state. Similarly, the county committee is +made up of delegates representing the political units into which the +county is divided, towns, precincts, etc. Sometimes the county committee +is a very large and representative body. The Republican committee of New +York county is made up of about 700 delegates, each delegate +representing 200 Republican voters in the county. + +In the cities, there is not only the general city committee, but also a +local committee for each ward or precinct. These ward committees come +into close relation with the voters, and the success of the party +depends to a large degree upon their activity. + +=Primaries.=--As soon as political parties were definitely formed it +became necessary to devise some sort of machinery for selecting the +candidates which the party desired to put forward. In the beginning +candidates for local offices were presented to the voters upon their own +announcement or by a caucus (an informal meeting of the leading men of +the party) or a primary (a mass meeting of the members of the party). In +time the caucus, except as a means of selecting candidates for offices +in legislative bodies, fell into disrepute, and the method of nomination +by a convention composed of delegates representing the party became the +accepted method. The delegates are chosen by the members of the party at +an election called a primary, so called because it is the first or +original meeting of the party voters in the process of choosing public +officials. + +_Former Lack of State Control._--The calling of the primary, the manner +of conducting it, and the fixing of the party test, that is, the +determination of who may take part in the primary, are matters which for +a long time were regulated by each party according to its own notions, +without interference upon the part of the state. In short, it was +assumed that the state had no interest in the manner in which political +parties nominated their candidates, and it therefore kept its hands off. +The control of the primaries, particularly in the more populous centers, +fell into the hands of a small number of political leaders, or "bosses," +who virtually dictated the nominations. Sometimes the primaries were +held at times or places unknown to the bulk of the members of the +party, or at inaccessible places, or in rooms inadequate to accommodate +the mass of the voters. They were sometimes packed with henchmen of +certain candidates; sometimes large numbers of the voters were kept away +by "sluggers" or were intimidated by domineering leaders; sometimes the +qualifications for participating in the primary were fixed in such a +manner as to exclude the great mass of the voters. Men of other parties +were sometimes brought in to aid in effecting the nomination of +particular candidates, ballot boxes were "stuffed" or other frauds +committed, and often the votes were fraudulently counted. In short, the +abuses became so intolerable as to create a widespread demand for the +regulation of primaries by law so that the results might more truly +represent the real opinions of the members of the party. + +_State Regulation of Primaries._--Accordingly, one state after another +began to pass laws regulating the holding of primaries, on the ground +that the state was as much interested in the nomination of candidates as +it was in the election of those nominated, for it was obvious that +unless nominations were fairly made and unless the candidates selected +really represented the free choice of the people, popular government +would be at an end, since in many communities a nomination was +equivalent to an election. At first, the laws enacted by the states for +the regulation of primary elections were simple, and were designed to +prevent only a few of the worst abuses that had grown up. They usually +applied only to the large cities, and in many cases they were optional +in character, that is, they applied only to such communities as chose to +conduct their primaries in accordance with the laws thus passed. +Beginning about 1890, however, the legislatures here and there began to +enact state-wide primary laws which were mandatory upon all localities +and all parties, and applied to nominations for the great bulk of the +offices filled by popular election. + +=Existing Primary Laws.=--At present nearly every state has a law +regulating in some way the holding of primary elections. In general, +these laws apply to every organized political party that cast at least a +certain number of votes at the preceding election; and they provide that +the primaries of all such parties shall be held on the same day (in some +states at the same polling places, and by the same officials that hold +the regular elections), and in accordance with the rules and safeguards +governing the regular elections. They fix the date on which the +primaries shall be held and require that due notice shall be given +thereof; they prescribe the manner of nominating delegates (and such +candidates for public office as are chosen directly by the primaries); +they provide for the use of official ballots printed at public expense; +they contain provisions in regard to the organization and powers of the +party committees, and in general they regulate everything relating to +the conduct of the primaries that would be a subject of regulation if +they were regular elections. + +_The Party Test._--One of the most difficult problems in the enactment +of legislation concerning the primary election is how to prescribe +fairly the qualifications that must be possessed by those who shall be +allowed to participate in the primary. It is often embarrassing and +disagreeable for a voter when he appears at the polls to cast his vote +to be compelled to reveal his party affiliation, yet unless he is +required to do so, the adherents of one party might easily participate +in the primary of another with a view to bringing about the nomination +of its weakest candidates. Thus in a Western city some years ago where +the primary law did not require a declaration of party affiliation, a +large number of the members of one party entered the primary of the +opposite party and brought about the nomination of their weakest +candidate for mayor, and thus at the regular election the party to which +the "invaders" belonged was easily able to defeat him with its own +candidate. An "open" primary is open to any and all voters. Most primary +laws, however, insist upon a statement by the voter of his party +affiliation as a condition to participation in the primary, which is +therefore called a "closed" primary. Usually the test of membership is +that the voter must have affiliated with the party at the last election, +and sometimes he must pledge himself to support at the coming election +the candidates nominated at the primary of the party in which he +participates. + +As a closed primary is an election by the members of a political party, +independents, or those who are not adherents of any party, are not +allowed to participate. This discourages reform movements by independent +voters, but there seems to be no way to remedy the matter. Sometimes an +exception is made in the primaries for the nomination of candidates for +city offices, on the ground that party lines should not be strictly +drawn in local contests and that independent movements should be +encouraged. + +=Nominations by Conventions.=--Before the introduction of the method of +nominating candidates by the direct primary, to be described hereafter, +the universal method of nomination was by convention, and this is still +the prevailing method in many states. + +_Preliminary Organization of a Convention._--The convention, as +previously stated, is composed of delegates chosen at a primary +election. The date and place of holding the convention are announced by +the party committee some weeks in advance. It is called to order by the +chairman of the committee, after which a temporary chairman of the +convention is elected, and not infrequently a spirited contest takes +place over the election, especially when there is likely to be a +struggle for the nomination of the principal officers which the +convention has been called to nominate. The temporary chairman, upon +taking the chair, usually delivers an address in which he extols the +party for its achievements in the past, after which usually four +committees are appointed: one on organization, one on rules, one on +resolutions, and one on credentials. + +_Convention Committees._--Frequently rival delegations appear from some +county or district, and the convention must decide which one is entitled +to seats. Questions of this kind are referred to the committee on +credentials, which, after hearing both sides, reports to the convention +recommending which delegation shall be seated, and the recommendation of +the committee usually, though not always, is approved. Sometimes, +however, both contesting delegations are seated, each delegate being +allowed half a vote. + +The committee on rules frames the rules of procedure by which the +business of the convention is to be transacted; its report is usually +adopted without alteration. + +The committee on permanent organization proposes the names of candidates +for permanent chairman, secretary, and such other officers of the +convention as may be needed. The officers suggested by this committee +are usually elected, though sometimes the convention elects a different +ticket. + +The chairman of the committee on resolutions presents a draft of the +platform, which is adopted by the convention, usually, though not +always, without change. + +_The Nominations._--The convention is now ready for the chief business +for which it was called, namely, the nomination of candidates which the +party desires to put forward for the offices to be filled at the coming +election. The names of the candidates are usually presented to the +convention in highly eulogistic speeches, and the nominations are +generally seconded by one or more delegates. The balloting then proceeds +until the nominations are all made. Sometimes where more than two +candidates are placed in nomination no one of them is able to secure a +majority, and a "deadlock" ensues, lasting maybe for days or even weeks, +and terminated by the nomination of a "dark horse." + +_Objections to the Convention Method._--When deadlocks occur, the "dark +horse" chosen is likely to be an inferior candidate. Another objection +to the method of nomination by convention is that the nominations are +frequently determined by a small number of leaders or "bosses" who +control the convention, and thus the nominations do not represent the +choice of the party. How a convention may be thus controlled by a few +politicians is thus stated by a careful writer who is fully conversant +with party methods:[23] + + [23] Fuller, "Government by the People," pp. 61-63. + + "The program of the convention, in practice, is almost always + decided upon down to the minutest detail, before the convention + meets. The party leader, or 'boss,' and his lieutenants discuss the + relative claims of candidates and decide who shall be nominated. + The party platform is written and submitted to the 'boss' for his + approval. The officers of the convention are agreed upon and their + speeches revised. All this is outside the law, which ignores the + existence of the party leader and assumes that the delegates are + free to exercise their own judgment. The real interest in the + convention is usually centered in the secret conferences of the + leaders which precede it and in which the contests over the + nominations are fought out, sometimes with much stubbornness. The + 'slate' is finally made up by agreement between leaders who control + a majority of the delegates in the convention. The leaders of the + minority may either surrender or they may register their protest + by presenting the names of other candidates in the convention with + the certainty of defeat, for it is rare in state conventions that + there is so equal a division of strength as to leave the result in + doubt. + + "While the leaders are settling what the convention is to do, the + delegates are left to their own devices, ignorant of what is going + on in the 'headquarters' where the leaders are assembled. They are + not consulted and their advice is not asked. It often happens that + they do not know whom they are to nominate until they hear for the + first time in the convention hall the names of the candidates + agreed upon by the leaders. Although the law gives them the right + to bring forward the names of other candidates, they seldom + exercise it, and the delegate bold enough to disobey orders is + regarded with disapproval." + +=Nomination by the People: the Direct Primary.=--About 1889, because of +growing dissatisfaction with the convention system, some of the states +began to experiment with the method of popular nomination, that is, +direct nomination by the primary instead of by convention. Instead of +calling on the voters to choose delegates to a convention to which the +task of nomination was intrusted, they were now called upon to vote +directly for the candidates themselves. It was said that if the voters +were competent to choose delegates to a convention they were equally +competent to select the candidates themselves. The movement for the +direct primary, as it was called, spread rapidly particularly in the +South and West. Thus the convention has been done away with in a large +number of states except where it is still retained to frame platforms, +appoint the central committee, and select delegates to the national +convention, and in some states it has been abolished even for these +purposes, other means having been provided for taking care of these +matters. + +_Objections._--The direct primary has been criticized because under it +candidates for state offices need to canvass the entire state in order +to become acquainted with the voters--a task which requires much time +and is very expensive. Such a system, it is argued, gives the candidate +of leisure and wealth a decided advantage over the poor man who cannot +afford the large expense involved. + +The direct primary method, however, has given general satisfaction where +it has been adopted. + +=Nomination by Petition.=--While most candidates for public office are +nominated by the recognized political parties, the laws of many states +allow candidates to be nominated also by petition of independent voters. +The procedure of nomination by petition is for the candidate or his +friends to prepare a nomination paper or petition containing the title +of the office to be filled, together with the name and residence of the +candidate, get a certain number of voters to sign it, and then file it +with the proper election officer. The number of signatures necessary to +nominate varies according to the nature of the office to be filled and +the population of the district or territory over which the jurisdiction +of the office extends. Thus in New York a petition for the nomination of +a candidate for a state office must contain the signatures of at least +12,000 legal voters (including at least 50 from each county), while in +Massachusetts 1,000 is sufficient. For the nomination of candidates for +local offices the number of petitioners required is smaller. Thus in New +York candidates for the legislature may be nominated by 500 voters; in +Massachusetts candidates for local offices may be nominated by petitions +signed by one per cent of the number of voters. + + + =References.=--BEARD, American Government and Politics, chs. vii, + xxx. BRYCE, The American Commonwealth (abridged edition), ch. xlv. + FULLER, Government by the People, chs. iv, v, xi. HART, Actual + Government, ch. v. MERRIAM, Primary Elections, chs. i, v. + + =Documentary and Illustrative Material.=--1. Legislative manual or + blue book of the state. 2. Copy of the primary election law of the + state. 3. Democratic and Republican campaign textbooks. 4. Copies + of party platforms. 5. Specimen ballots. 6. Copies of delegates' + credentials, nomination certificates, petitions, etc. + + +RESEARCH QUESTIONS + +1. Do you consider political parties essential under a system of popular +government? Would it be better if there were in each state of the Union +at least two strong political parties instead of one, as is virtually +the case in some of the Southern states as well as in some of the North? + +2. Do you think every voter ought to join some political party and +support its candidates and policies? Suppose he does not approve the +candidates which it has nominated and the policies which it has adopted, +what should he do? Ought independent voting to be encouraged? If so, +why? + +3. How many votes were cast by the Democratic party in your state for +governor at the last election? How many by the Republican party? + +4. How is the state central committee of each party constituted in your +state? Who are the members from your county or district? + +5. At what places were the last state conventions of the Democratic and +Republican parties held in your state? How many delegates were there in +each? + +6. How are municipal officers nominated in your state? + +7. Is there a primary law in your state? If so, what are its provisions? + +8. Has the method of nomination by direct primary been introduced into +your state? If so, to what offices does it apply? How are members of +party committees selected? What test does the primary law of your state +provide for participation in the primary? Does it permit the people to +express their choice for United States senator? In what order are +candidates arranged on the primary ballot? Did a large proportion of the +voters take part in the last primary election? What is the date fixed +for holding the primary? + +9. Are any officers nominated in your state by conventions? + +10. If candidates are nominated by a direct primary in your state, what +is the method devised for preparing the platform of the party? + + + + +CHAPTER IX + +THE ESTABLISHMENT OF THE UNION + + +=The Articles of Confederation.=--The Continental Congress, which +managed the common affairs of the Union during the early stages of the +Revolution, was a body whose authority was not defined by any +constitution or fundamental law. It assumed large powers in the belief +that the people, relying upon its patriotism and wisdom, would acquiesce +in its acts. As yet, however, the states were not closely united, and +each was free to go its own way. As time passed, the advantages of union +became more manifest, and the states began to recognize the desirability +of creating a common government with larger powers and with definite +authority. After a debate lasting off and on for more than a year, +Congress adopted in November, 1777, an instrument called the Articles of +Confederation, which was to go into effect when ratified by all the +states. + +_Ratification of the Articles._--During the years 1778 and 1779, all the +states except Maryland ratified the Articles. Maryland withheld her +approval because she doubted the advantage of a union among states, some +of which held vast territory in the West while some did not. The states +claiming lands northwest of the Ohio River were Virginia, New York, +Massachusetts, and Connecticut. As these lands had been wrested from +Great Britain while that power was weakened by her war with all the +states, Maryland insisted, as a condition to her adhesion, that the +states claiming these lands should surrender them to the nation for the +benefit of all the states. This argument appealed to the sense of +patriotism and justice of the states claiming this northwestern +territory, and in the course of the next few years they ceded most of +their lands to the United States for the common benefit. When it became +certain that this would be done, Maryland ratified the Articles, and the +Confederation of the states was completed. + +=Government under the Articles.=--The Confederation thus formed was +styled a "firm league of friendship" under the name of "the United +States of America," and its declared purpose was to provide for the +common defense of the states, the security of their liberties, and their +mutual and general welfare. To secure these ends the states bound +themselves to assist each other against all attacks upon either or all +of them, upon any pretense whatever. + +For the management of certain affairs common to the states composing the +Confederation, the Articles provided for an annual Congress of delegates +to be chosen by the states, no state to be represented by less than two +members or more than seven. Unlike the Continental Congress, the +Congress of the Confederation was given express power to deal with +certain affairs, and therefore it did not have to assume the powers it +exercised. Among these were the power to declare war and make peace; to +send and receive diplomatic representatives; to enter into treaties; to +make rules regarding captures on the high seas; to grant letters of +marque and reprisal; to settle disputes between the states, upon +petition of the disputants; to regulate the alloy and value of coin, +whether struck under the authority of Congress or by the states; to fix +the standard of weights and measures throughout the United States; to +regulate trade and intercourse with the Indians; to make rules for the +government of the land and naval forces; to establish post offices; and +a few other powers of a like character. + +No provision, however, was made for an executive department or for a +national judiciary, with the single exception of a court of appeal in +cases involving captures on the high seas in time of war. + +_Prohibitions on the States._--In the interest of the general peace and +security, the states were forbidden, except with the consent of +Congress, to send diplomatic representatives to foreign countries, or +enter into treaties or alliances, or levy any duties on articles +imported from abroad, if such duties should conflict with the provisions +of foreign treaties; or keep ships of war in times of peace; or engage +in war; or grant letters of marque and reprisal. + +=Defects of the Articles of Confederation.=--Although the Articles of +Confederation proved of great value in securing concert of action among +the states in certain matters, the weaknesses of the union which they +created and the defects of the governmental machinery provided by them +soon proved serious. + +_The States Retained too Much Power._--The union turned out to be the +loosest sort of a league, in which the states for the most part did as +they pleased. Each retained its own sovereignty and could not be +compelled to perform its obligations as a member of the Confederation. +Some of them deliberately violated the treaty of peace with Great +Britain, and the Congress was unable to prevent such infractions. +Congress being thus powerless to carry out the stipulations of the +treaty, Great Britain refused to perform her obligations thereunder. +Since no executive department and no courts were created to enforce and +apply the laws passed by Congress, the nation had to depend upon the +states to carry out its will. + +_The Congress was not well Organized._--In the organization and +procedure of Congress there were serious defects. No member could serve +for more than three years in six, and each state paid its own members +and might recall them at pleasure. Thus the dependence of the +representative upon his state was emphasized and his character as a +national representative minimized. Worse than this was the provision +that allowed each state, regardless of its population and size, but one +vote in Congress. Thus Georgia with a population of only a few thousand +souls enjoyed the same power in all matters of national legislation that +Virginia did, although the population of Virginia was some sixteen times +as great. Still another serious weakness was the rule which required the +assent of nine states to pass any important bill, such as those for +borrowing or appropriating money, issuing bills of credit, declaring +war, entering into treaties, coining money, building war ships, raising +military forces, selecting commanders, and the like. As it was +frequently impossible to secure the concurrence of so large a proportion +of the states, needed legislation was often prevented by the opposition +of a few members or by the lack of a quorum. Thus in April, 1783, there +were present only twenty-five members from eleven states, nine being +represented by only two members each. It would have been possible, +therefore, for three members to defeat any important measure.[24] + + [24] Andrews, "Manual of the Constitution," p. 38. + +_Congress had No Power of Taxation._--Not only were the defects in the +organization and procedure of Congress of a serious character, but the +powers conferred upon it by the Articles of Confederation were so meager +that its authority was little more than a shadow and carried little +weight. One of the essential powers of government is that of taxation, +yet the Congress had no authority to impose a dollar of taxes on any +individual in the land. Money was needed to pay the soldiers who were +fighting the battles of the country, to pay the salaries and expenses of +diplomatic representatives who had been sent to Europe to negotiate +treaties and solicit the aid of foreign friends, to pay interest on +loans incurred in France and Holland, to defray the cost of building war +ships and equipping the army, and to meet the various other expenses +which every government must needs incur, yet the government of the +Confederation was powerless to raise the necessary funds by taxation. In +the absence of all power to levy and collect taxes, Congress adopted the +policy of apportioning the national expenses among the states. But no +state could be compelled to contribute a dollar toward its quota; some +of them in fact contributed little, and most of those which did respond +to the appeal of Congress did so grudgingly and tardily. Of the +$15,000,000 apportioned among the states between 1781 and 1786 less than +$2,000,000 was actually paid in. Often there was not a dollar in the +treasury of the Confederation to pay the obligations of the government. + +Two attempts were made to amend the Articles of Confederation so as to +give Congress power to levy a five per cent tariff duty on imported +goods, but since it required the assent of each of the thirteen states +to adopt an amendment, the scheme fell through, in both cases on account +of the opposition of a single state. + +_Congress had No Power to Regulate Commerce_, either with foreign +countries or among the states themselves. This was a serious defect. +Each state had its own tariff system and its own customhouses, and +collected its own duties on goods brought into its ports from abroad. As +each state was anxious to exploit this source of revenue for itself, it +naturally framed its tariff regulations and tonnage laws in such a way +as to attract foreign commerce to its own ports. And so it was with +regard to commerce among the states themselves. Each framed its trade +regulations with its neighbors according to its own selfish interests +and without regard to the general good. The result was continual +jealousies, dissensions, and sometimes reprisals and retaliations. New +York levied an import duty on certain articles brought in from its less +fortunate neighbors, Connecticut and New Jersey, and each in turn +retaliated as best it could. For purposes of foreign and interstate +commerce, each state was a nation itself, and the Confederation was a +nonentity. + +=The Annapolis Convention.=--The worst evils described above reached a +climax in 1786, and the political leaders of America such as Hamilton +and Washington were convinced that the government of the Confederation +must either be revised or superseded entirely by a new system. In +September, 1786, there assembled at Annapolis, Maryland, a convention of +delegates from five states, namely, New York, New Jersey, Pennsylvania, +Delaware, and Virginia, called at the instance of the legislature of +Virginia to take into consideration the subject of uniform trade +regulation among the states, the lack of which had come to be one of the +chief evils of the Confederation. So few states were represented that +the convention decided not to enter upon the business for which it had +been called, but instead determined to put forth an effort to bring +about the assembling of a convention representing all the states and +empowered to take into consideration the question of a general revision +of the Articles of Confederation so as to render them more adequate to +the needs of the nation. Accordingly, a resolution prepared by Alexander +Hamilton, one of the delegates from New York, was adopted, calling on +the states to appoint delegates to a convention to be held at +Philadelphia on the second Monday in May next, for the purpose of +revising the Articles of Confederation. + +=The Constitutional Convention of 1787; Personnel.=--In pursuance of +this resolution, all the states except Rhode Island promptly appointed +delegates, the failure of Rhode Island being due to her satisfaction +with the Confederation, under which she enjoyed larger commercial +advantages than she could hope to enjoy if the Articles were amended so +as to take away from the states their control over commerce. Altogether +fifty-five members sat in the convention at one time or another, though +only thirty-nine signed the Constitution. From Virginia came George +Washington, Edmund Randolph, and James Madison; from Massachusetts, +Rufus King and Elbridge Gerry; from Connecticut, William Samuel Johnson +and Roger Sherman; from New Hampshire, John Langdon; from New York, +Alexander Hamilton; from New Jersey, William Livingston and William +Paterson; from Pennsylvania, Benjamin Franklin, Robert and Gouverneur +Morris, Jared Ingersoll, and James Wilson; from Delaware, John +Dickinson; and from South Carolina, John Rutledge, Charles Pinckney, and +Charles Cotesworth Pinckney. Some of the delegates, as Benjamin +Franklin, had been members of the Albany Congress as far back as 1754; +some had been members of the Stamp Act Congress of 1765; most of them +had served in the Continental or Confederation Congresses; and a number +of them were signers of the Declaration of Independence. A great many of +them had served in the legislatures of their states, and of the whole +number there was not one who had not had some legislative experience. + +=The Work of the Convention of 1787.=--When the convention had been duly +organized, "plans" of a proposed constitution were submitted by the +delegations of several states, and these became the bases of the +discussion which followed. + +_The Virginia Plan._--The plan submitted by the Virginia delegation +represented the views of delegates from the larger and more populous +states, and the Constitution as finally adopted embodied more largely +the features of this plan than those of any other. The most important +resolution of this plan was that a national government ought to be +established consisting of a supreme legislative, judiciary, and +executive. This resolution, adopted in committee of the whole, went +directly to the root of the chief evil of the existing system, which +contained no provision for an executive or a judicial department. It +recognized also what has come to be a fundamental doctrine of American +political science, namely, the separation of the legislative, executive, +and judicial functions. + +_The New Jersey Plan._--The views of delegates from the small states +were embodied in the New Jersey plan, which was laid before the +convention by William Paterson. In general, the New Jersey plan provided +for the retention of the principal features of the existing system, +except that it proposed to enlarge the powers of Congress so as to make +its authority more effective. This was all, in the judgment of the small +states, that was necessary to remove the existing evils. + +_The Problem of Representation in Congress._--The convention without +much discussion decided that Congress should consist of two chambers or +houses instead of one as was the case under the Articles of +Confederation. This done, the next problem was to determine the basis of +representation in each. This proved to be one of the most difficult +tasks of the convention. The delegates from the large states insisted +that representation in both houses should be based on population, so +that a state such as Virginia with sixteen times the population of +Georgia should have sixteen times as many representatives in Congress. +But to this system of proportional representation, the delegates from +the small states objected. They maintained that the importance of a +state was not to be measured by its population; that the states were +sovereign political entities, and when it came to participation in the +government of the nation they were all equal, large and small alike. +There was no more reason, said a delegate from one of the small states, +why a large state should have more representation in Congress than that +a large man should have more votes than a small man. For a time the +differences seemed irreconcilable, and more than once it looked as if +the convention would be disrupted on this question. The spirit of +compromise triumphed, however, and it was finally agreed that the states +should be represented equally in the senate but in proportion to their +population in the house of representatives. As a result of this rule, +Nevada to-day with a population of less than 100,000 sends the same +number of senators to Washington as does New York with a population of +some 10,000,000 souls. New York, on the other hand, sends forty-three +representatives to Congress while Nevada sends but one. This was the +first great compromise of the Constitution. + +_The Question of Counting the Slaves._--The next problem, which was +almost equally difficult and which likewise had to be settled by +compromise, was the question of whether the slaves should be counted in +determining the population of the state for purposes of representation. +The delegates from the Southern states argued that slaves were an +important factor in contributing to the wealth and power of the country +and should, therefore, be counted for purposes of representation. To +this argument the delegates from the Northern states, where the slave +population was inconsiderable, objected on the ground that the slaves at +law were treated merely as property and were not allowed to vote in the +states where they resided. The discussion over this question was long +and at times exciting, but finally a compromise was reached by which it +was agreed that in determining the population for purposes of +representation, all the white population but only three fifths of the +slaves should be counted. At the same time it was decided that direct +taxes among the states should be apportioned on the same basis. This +compromise was favorable to the slave states in that it gave them an +increased number of representatives, but it was unfavorable in that it +increased their proportion of direct taxes. This is known as the +three-fifths compromise. + +_Federal Regulation of Commerce._--Another question which became the +subject of heated discussion related to the national control of +commerce. The Northern states wished Congress to be given the power to +regulate commerce, but the Southern states, which at the time furnished +the principal articles of export, feared that the power might be +employed in such a manner as to injure their commerce, and might also be +used to prohibit the slave trade and thus prevent the Southern planters +from stocking their farms with laborers. They accordingly insisted that +Congress should be expressly prohibited from interfering with the +importation of slaves, and that it should be allowed to pass navigation +acts only by a two-thirds majority of both houses. The whole matter was +finally settled by a compromise which forbade Congress to interfere with +the importation of slaves before the year 1808, but which allowed it to +pass laws by a majority vote for the regulation of commerce. This was +the last great compromise of the Constitution. + +_Other Compromises._--Many other questions were settled on the basis of +compromise, though none of them occasioned so much discussion as the +three mentioned above. Some have regretted that such compromises as that +which allows the states equality of representation in the senate, as +well as the one which allowed representation on the basis of the slave +population, should have ever found their way into the Constitution; but +it is certain that without these compromises the Constitution could +never have been adopted. + +After the settlement of the questions mentioned above, the work of +framing the Constitution proceeded with less difficulty. Finally, on +September 17, the completed draft was signed by thirty-nine delegates, +after which the convention adjourned. A few were absent and did not sign +for that reason; others, such as Gerry of Massachusetts and Mason of +Virginia, disapproved of the Constitution and refused to attach their +signatures. + +=Ratification of the Constitution.=--Before adjourning, the convention +resolved to send the draft of the Constitution to Congress with the +request that it should transmit the instrument to the legislatures of +the several states and that these in turn should submit it to +conventions for ratification. It was agreed, moreover, that when it +should have been ratified by conventions in nine states it should go +into effect between the states so ratifying. + +_Opposition to the Constitution._--As soon as the text of the +Constitution was made known to the people of the states, a flood of +criticism was turned loose on it from almost every part of the country. +Those who approved the Constitution and favored its ratification were +called Federalists; those who opposed it were called Anti-Federalists. +The principal grounds of opposition were that in providing for a +national government with extensive powers the Constitution had +sacrificed, to a large degree, the rights of the states; that such a +government would prove dangerous to the liberties of the people; that +the President for which the Constitution provided might become a +dictator and a tyrant; that the senate would be an oligarchy; and that +the Federal Constitution, unlike those of the states, contained no bill +of rights for the protection of the people against governmental +encroachment upon their inherent rights such as freedom of speech, +freedom of press, freedom of religious worship, freedom of assembly, and +the like. The last mentioned objection was removed by the assurance on +the part of the friends of the Constitution that in the event of +ratification they would endeavor to have the Constitution amended at the +earliest opportunity in such a way as to provide proper safeguards for +the security of these rights, a promise which was carried out soon after +the new government went into effect, by the adoption of the first ten +amendments. + +_Ratification by the States._--The first state to ratify the +Constitution was Delaware, one of the small states whose delegates in +the Philadelphia convention had been strongly opposed to changing the +existing system. This state ratified on December 6, 1787, without a +dissenting vote. Its action was shortly followed by Pennsylvania, New +Jersey, Georgia, and Connecticut, the last three of which were small +states whose delegates in the Philadelphia convention had also been in +the opposition. In Pennsylvania, however, the Constitution was ratified +with less unanimity and only after a fierce struggle in which the +Anti-Federalists attacked almost every part of it. Massachusetts was the +next to ratify, although by a narrow majority, many of the leading +citizens being opposed or indifferent. Maryland and South Carolina +followed, and finally the favorable action of New Hampshire on June 21, +1788, insured its success, since nine states had now ratified and the +Constitution could be put into effect between the states that had so +ratified. Four days later, before news of the ratification of New +Hampshire was received, Virginia fell in line and ratified, in spite of +the powerful opposition of Patrick Henry, Mason, Lee, and others. + +Attention was now turned to New York, where the opponents of the +Constitution were believed to be in the majority. Geographically, New +York was like a wedge which divided the Union into two parts, and hence +its adhesion was especially desirable. Because of its favorable +commercial position, the state enjoyed great advantages under the +Articles of Confederation, since it could collect and turn into its own +treasury the duties on all articles coming into its ports from abroad--a +privilege of which it would be deprived under the Constitution. There +was good reason, therefore, why it should hesitate to exchange its +position for one less favorable. When the state convention assembled to +take action on the Constitution, it was found that about two thirds of +the members were at first opposed to ratification. Among the friends of +the Constitution, however, was Alexander Hamilton, whose powerful +argument prevailed, and the Constitution was ratified by a majority of +three votes. + +Rhode Island, like New York, enjoyed a favorable position under the +Articles of Confederation, and was not in sympathy with the +Constitution. She refused to ratify and remained out of the Union until +May, 1790, more than a year after the Constitution had gone into effect. +North Carolina likewise refused to ratify until November, 1789. + +_The Constitution Goes into Effect._--When the ratification of the +Constitution had been assured, the old Congress of the Confederation +enacted that the new government should go into effect on March 4, 1789. +In the meantime senators and representatives were elected as the first +members of the new Congress, and George Washington was chosen President. +Thus the old Confederation passed away and the new Republic entered upon +its great career. + +=The System of Government Created.=--The government created by the +Constitution is federal in character; that is, it consists of a system +of national and state government under a common sovereignty. It is a +republic as contradistinguished from such a limited monarchy as the +British; that is, it is a government having a popularly elected +executive rather than a titular executive who holds his office for life +by hereditary tenure, who is politically irresponsible, and who governs +through ministers who are responsible to the Parliament for his acts. It +is also distinguished from confederate government or that form in which +the states are practically sovereign and in which the general government +is nothing but the agent of the states for the care of a very few things +of common concern, such as defense against foreign aggression. Finally, +the American system is one of popular rather than of aristocratic +government, that is, it is government by the masses of the people +instead of government by the favored few. + + + =References.=--ANDREWS, Manual of the Constitution, ch. ii. BEARD, + American Government and Politics, ch. iii. BRYCE, The American + Commonwealth (abridged edition), ch. ii. FISKE, Critical Period of + American History, chs. vi-vii. HINSDALE, American Government, chs. + vii-xi. + + =Documentary Material.=--1. The Articles of Confederation. 2. The + Constitution. + + +RESEARCH QUESTIONS + +1. Trace the steps leading up to the meeting of the convention which +framed the Constitution. + +2. How were the delegates to the convention chosen? What, in general, +was the nature of their instructions? Who was the oldest delegate? the +youngest? the most distinguished? Who of them were signers of the +Declaration of Independence? Who acted as president of the convention? + +3. Name the members of the convention who refused to sign the +Constitution. + +4. Why did Hamilton, the author of the resolution calling the +convention, take so little part in the work of making the Constitution? + +5. Why did not New York send its ablest men to the convention? + +6. Did the convention organize itself into committees for the +transaction of business? + +7. What was the attitude of some of the delegates from the Eastern +states toward the West? + +8. In general, what part of the country was in favor of the Constitution +and what part opposed? + +9. What were some of the objections urged against its adoption? + +10. Why was the Constitution not submitted to a direct vote of the +people as is the custom with state constitutions? + +11. When the draft of the completed Constitution was laid before the +Congress of the Confederation, did that body make any changes in it +before submitting it to the states? + +12. Might North Carolina and Rhode Island have remained permanently out +of the Union? If so, what would have been their status? + +13. Do you think the time has come when the best interests of the +country require a new Constitution? What is your opinion of the +proposition that the country has outgrown the Constitution? + +14. What, in the light of more than a century's experience, do you +consider some of the defects of the Constitution? + + + + +CHAPTER X + +THE TWO HOUSES OF CONGRESS + + +=The House of Representatives.=--The Constitution provides that the +national house of representatives--the lower house of Congress--shall +consist of members chosen every second year by popular election. Under +the Articles of Confederation members of the old Congress were chosen +annually, but that term was too short to enable them to acquire that +familiarity with their duties which is essential to efficient +legislation. The term of a representative begins on the 4th of March in +the odd-numbered years, though Congress does not meet until the first +Monday in December following, unless the President calls it together in +extraordinary session earlier. + +=Sessions of Congress.=--There are two regular sessions of every +Congress; the long session which begins on the first Monday in December +of the odd-numbered years and lasts until some time in the following +spring or summer; and the short session which begins on the same date in +the even-numbered years and lasts until the 4th of March following, when +the terms of all representatives expire. Each Congress is numbered, +beginning with the first, which began March 4th, 1789. The sixty-seventh +Congress began March 4, 1921, and will end March 4, 1923. Extraordinary +sessions are sometimes called by the President to consider matters of +special importance which need to be acted upon before the meeting of the +regular session. From 1789 to 1921 there were only nineteen such +sessions, the last being that called by President Harding to meet in +April, 1921, to consider tariff and revenue measures and readjustment of +international relationships. + +=Number and Apportionment of Representatives.=--The Constitution +provided that the first house of representatives should consist of +sixty-five members, but that as soon as a census of the inhabitants +should be taken the number was to be apportioned among the several +states on the basis of population, not exceeding one for every 30,000 of +the inhabitants. After each decennial census is taken a new +apportionment is made by Congress on the basis of the new population. +The total number of representatives at present is 435,[25] being in the +proportion of one member for every 211,877 inhabitants, which is known +as the congressional ratio. The largest number from any one state is +forty-three, the number from New York. Pennsylvania has thirty-six, +Illinois twenty-seven, Ohio twenty-two, and so on down the list. Five +states are entitled to but one member each, namely, Arizona, Delaware, +Nevada, New Mexico, and Wyoming. As the population of several of these +states is less than the congressional ratio, they might not be entitled +to a single member but for the provision in the Constitution which +declares that each state shall have at least one representative. + + [25] Each of the Territories is represented in Congress by a delegate + who is allowed to serve on certain committees and to take part in + debate but not to vote. The Philippine Islands are represented by two + Resident Commissioners, and Porto Rico by one. By courtesy they are + allowed seats in the house of representatives, like territorial + delegates, and may serve on committees. + +The numbers of representatives after each census have been as follows: +1790, 105; 1800, 141; 1810, 181; 1820, 212; 1830, 240; 1840, 223; 1850, +234; 1860, 241; 1870, 292; 1880, 325; 1890, 356; 1900, 386; 1910, 435. + +=Election of Representatives.=--The Constitution provides that +representatives shall be chosen in each state by vote of such persons as +are qualified to vote for members of the lower house of the legislature +of that state. Thus it happens that the qualifications for participating +in the choice of national representatives varies widely in the different +states. But the choice must be made by the people, not by the +legislature or by executive appointment, and, under the Fifteenth and +Nineteenth Amendments to the Federal Constitution, the states cannot, in +fixing the suffrage, discriminate against any class of persons because +of their color, race, or sex. Subject to these restrictions the states +are practically free to limit the right to vote for national +representatives to such of their citizens as they may see fit. It is +true that the Fourteenth Amendment declares that whenever a state shall +limit the right of its adult male citizens to vote except for crime its +representation in Congress shall be proportionately reduced, but this +provision has never been enforced. Some statesmen hold that it was +really superseded by the Fifteenth Amendment. + +[Illustration: UNITED STATES SENATE CHAMBER] + +[Illustration: UNITED STATES HOUSE OF REPRESENTATIVES] + +_Manner of Choosing Representatives._--As in fixing the qualifications +of the electors of representatives, so in the choosing of them, the +states are left a free hand, subject to the provision of the +Constitution which gives Congress power to alter the regulations of the +states in regard to the manner and time of choosing members. For a long +time Congress did not exercise its power in this respect and each state +chose its representatives when it wished and in such manner as it +pleased. Some states chose their representatives on general ticket from +the state at large, while others chose theirs by districts; some chose +by secret ballot, while others did not. To secure uniformity in regard +to the method of choice, Congress enacted in 1842 that representatives +should be chosen by districts of contiguous territory containing +populations as nearly equal to the congressional ratio as possible. +In 1871 it enacted that they should be chosen by written or printed +ballots (later choice by voting machine was also permitted). In 1872 +it enacted that representatives should be chosen on the same day +throughout the Union, namely, Tuesday after the first Monday in +November.[26] + + [26] By a subsequent act, those states whose constitutions provided a + different day for choosing representatives were exempted from the + provisions of this law. In pursuance of this act, elections for members + of Congress in Maine are held in September. + +"_Gerrymandering._"--When the number of representatives to which each +state shall be entitled has been determined, after the decennial census, +it devolves upon the legislature to divide the state into as many +districts as it is entitled to representatives.[27] In the exercise of +this power the political party in control of the legislature may arrange +the districts in an unfair manner so as to make it possible for the +party to elect a larger number of representatives than its voting +strength entitles it to. This is done by putting counties in which the +opposite party is in a large majority in the same districts so that it +may choose a few members by large majorities, while the other party +carries the remaining districts by small majorities. Thus the voting +strength of the party in power is economized while that of the other +party is massed in a few districts and made to count as little as +possible. This practice is known as "gerrymandering" and has often been +resorted to by both the two great political parties, sometimes in such +a manner as to result in flagrant injustice to the minority party. + + [27] In case the legislature neglects to redistrict the state when + additional representatives have been assigned to it, the latter are + chosen from the state at large. In 1916, for example, Pennsylvania + elected four such representatives; Illinois, Texas, Montana, and Idaho, + two each; Alabama and West Virginia, one each. + +The requirement that the districts shall contain as nearly equal +population as possible, is sometimes flagrantly violated. Thus one of +the Republican districts in New York recently contained 165,701 +inhabitants while one of the Democratic districts had a population of +450,000. In 1910 one of the Illinois districts contained 167,000 while +another contained 349,000. + +Sometimes districts are so constructed as to have fantastic shapes. Thus +a district in Mississippi some years ago was dubbed the "shoe string" +district from its long irregular shape. It followed the Mississippi +River for the whole length of the state though in one place it was less +than thirty miles wide. + +=Qualifications of Representatives.=--To be eligible to the house of +representatives, a person must have been a citizen of the United States +for at least seven years, must have attained the age of twenty-five +years, and must be an inhabitant of the state from which he is chosen. +Residence in the particular district which the member represents is not +required by the Constitution or laws of the United States, but is nearly +always required by public opinion. A nonresident, however able and +distinguished he might be as a statesman, would have little chance of +election. + +_Objections to the Residence Requirement._--This custom of insisting +upon residence in the district has frequently been criticized, +especially by foreign writers, as being a serious defect in our system +of representation. It contrasts widely with the practice in Great +Britain, where members of Parliament are very often chosen from other +districts than those in which they reside. London barristers of promise +are not infrequently chosen to represent country districts in which +they are practically strangers. The late William E. Gladstone, a +resident of Wales, represented for a long time a Scotch district. When +an important leader of any party in the House of Commons happens to be +defeated in his home district, it is a common practice for him to be +made a candidate in some district in which his party has a safe +majority. In the United States, in such a case, the man's service in +Congress would probably be ended. + +Finally, one of the worst evils of the district system is that it tends +to make the member feel that he is the representative, not of the United +States as a whole, but of the locality which chooses him. Instead of +entertaining broad views upon purely national questions his views tend +to become narrow and he votes and acts with reference to the welfare of +his own district rather than with reference to the good of the whole +country. On the other hand, it may be said in favor of the district +system that it is better adapted to secure local representation and +makes responsibility to the member's constituency more effective. + +=The Senate.=--_Purposes._--Regarding the desirability of creating a +national legislature of two houses there was little difference of +opinion among the members of the convention. Experience with a +single-chambered congress during the period of the Confederation had +revealed certain defects in such an organization. Moreover, all the +state legislatures except two were composed of two houses and these +exceptions were destined soon to disappear. If a state legislature ought +to consist of two houses, it was all the more important that the +national congress should be bicameral in organization, because, the +union being composed of states, it was desirable to provide a separate +house in which they could be represented as constituent political units +just as the other house was to be a body representing the people +without regard to political divisions. Aside from considerations growing +out of the character of the federal system, there were the usual +advantages which we associate with the bicameral system, such as +protection against hasty and ill-considered legislation, insurance +against the possible despotism of a single chamber, and the like. Having +decided that Congress should consist of two houses, the convention felt +that if the upper house was to exert an effective restraining influence +on the lower house it ought not to be a mere duplication of the latter +but should be differently composed. It should to a certain extent be a +more conservative body than the lower house, which, being elected by the +people, would incline toward radicalism; it should, therefore, be +smaller in size, its members should be chosen for a longer term and by a +different method, higher age and residence qualifications should be +required, and it should be given certain powers which were not conferred +on the lower house, such as a share in the appointing, treaty making, +and judicial powers. + +_Term._--As already stated, the Constitution provides that the states +shall be represented equally in the senate. It also provides that each +state shall elect two senators and that each senator shall have one +vote. Under the Articles of Confederation, each state had one vote in +Congress, and the vote of the state could not be divided; but under the +Constitution the two senators from a state frequently vote on opposite +sides of a question, especially if they belong to different political +parties. On the question of the term of senators there was much +difference of opinion among the members of the convention. Some favored +a two-year tenure, some four years, some six, some nine, while Alexander +Hamilton favored a life tenure. The term finally agreed upon was six +years, which seemed to be long enough to give the senate an element of +permanence and independence, and yet short enough to secure +responsibility to the people. + +_Classification of Senators._--The Constitution provided that +immediately upon the assembling of the senators after the first election +they should be divided into three classes and that the seats of those in +the first class should be vacated at the end of the second year, those +of the second class at the expiration of the fourth year, and those of +the third class at the expiration of the sixth year, so that thereafter +one third might be chosen every second year. The purpose of this +provision is to avoid having the entire senate renewed at the same time. +As a result, not more than one third are new and inexperienced members +at any particular time. When a new state is admitted to the Union, its +first two senators draw lots to see which class each shall fall in. In +1921 there were thirty-two senators in the first class, and their terms +expire March 4, 1923; thirty-two in the second class, and their terms +expire March 4, 1925; and thirty-two in the third class, and their terms +expire March 4, 1927. The three classes are kept as nearly equal as +possible. + +_Reelection of Senators._--While the term of a senator is six years, he +may be reelected as often as his state may see fit to honor him, and in +practice reelections have been frequent. Justin S. Morrill of Vermont, +John Sherman of Ohio, and William B. Allison of Iowa, each served +continuously for a period of thirty-two years. Nearly one third of the +senators in 1911 had served twenty years or more. Thus the senate is an +assembly of elder statesmen and is a more conservative and stable body +than the house of representatives. + +=Mode of Election of Senators.=--In regard to the mode of election of +senators there was a wide difference of opinion among the members of the +convention. Some favored choice by the people; others favored election +by the lower house of Congress; some proposed appointment by the +President from persons nominated by the state legislatures; while others +proposed election by the state legislatures, which was the method +finally agreed upon. Choice by the legislature, it was felt, would be +the means of forming a connecting link between the state governments and +the national government and would thereby tend to attach the former to +the latter--an important consideration then, in view of the prevailing +jealousy of the state governments toward the national government. +Finally, it was believed that choice by the legislature would tend to +secure the election of senators of greater ability since the members of +the legislature would be more familiar with the qualifications of +candidates than the masses of the people could hope to be. + +=Objections to the Method of Choice by the Legislature.=--One of the +practical objections to the original method of choosing senators was +that it frequently led to long and stubborn contests which sometimes +ended in deadlocks. Not infrequently the legislature failed to elect a +senator and the state was left with a vacancy in the senate. In such +cases the governor could not fill the vacancy by appointment as he did +when a senator died or resigned; the seat remained vacant until a +senator was chosen by the legislature. From 1890 to 1912 not less than +eleven states at one time or another were represented in the senate by +one member only, and in 1901 Delaware, on account of repeated deadlocks, +had no senator at all at Washington to speak for the state. Not +infrequently such contests were broken through the selection of a +second-rate man or by an alliance between the members of the minority +party and certain members of the majority. + +_Bribery._--The breaking of deadlocks was sometimes accomplished by +bribery or other improper influences. Indeed charges of bribery and +corruption in connection with the election of senators came to be very +common, and there is little doubt that between 1895 and 1910 a number of +wealthy men found their way into the senate through the votes of +legislators who were liberally paid for their support. Under these +circumstances it was frequently said that the senate was no longer truly +representative of the interests of the people. + +_Interference with Legislative Business._--A prolonged senatorial +contest also interfered too much with the regular business of the state +legislature. Where the session is limited to two or three months, as it +frequently is, the inroads upon the time at the disposal of the +legislature for looking after the needs of the state were +considerable.[28] Members were badgered by candidates, passions and +animosities were engendered, a party coloring was given non-partisan +measures, and the votes of members on legislative measures were +sometimes determined by the senatorial contest, rather than by the +merits of the measure on which they were called to vote. + + [28] In 1897 the business of the legislature of Oregon was completely + tied up for months because a sufficient number of members of the lower + house, in order to prevent the election of a certain senator, absented + themselves from the chamber and prevented a quorum. Not a bill could be + passed or a dollar of money appropriated for meeting the current + expenses of the state. + +=Popular Election of Senators.=--The dissatisfaction with the old method +of choosing senators led to a movement to secure an amendment to the +Constitution providing for the election of senators by the people. But +the senate itself for a long time blocked every attempt of this kind. +Five different times between 1893 and 1911 the national house of +representatives by a large majority proposed an amendment for this +purpose, but each time the senate refused its concurrence. In one form +or another the legislatures of thirty-one states approved of the method +of popular election and wherever a referendum was taken on the +proposition, as was done in California, Nevada, and Illinois, the +popular indorsement was overwhelming. Finally, in 1912, the senate +yielded, and both houses of Congress adopted a resolution proposing an +amendment providing for the popular election of senators, which was +ratified by the necessary number of states during the following year. +Under this seventeenth amendment the senators of each state are elected +by vote of such persons as are entitled to vote for members of the lower +house of the legislature. + +The seventeenth amendment provides that whenever a vacancy occurs in the +senate the governor of the state in which the vacancy occurs shall issue +a writ of election for the filling of such vacancy, but that the +legislature may authorize the governor to fill the vacancy by a +temporary appointment, the appointee to hold until a senator may be +chosen by popular election. In practice special elections are rarely +called for filling vacancies. In most states the governor makes a +temporary appointment, the appointee holding until the next regular +election when the people elect his successor. + +=Qualifications of Senators.=--The qualifications prescribed for +eligibility to the senate are the same in principle as those required of +representatives, though a little different in degree. Thus a senator +must be at least thirty years of age, must have been a citizen of the +United States for nine years and must be a resident of the state at the +time of his election. It was thought that the longer term and higher +qualifications would tend to give greater dignity and strength to the +upper chamber than would be found in the lower house, and at the same +time a higher average of ability. + +There is no provision of the Constitution which requires a senator to be +a resident of a particular part of the state, but in some states there +is a custom that the two senators shall be taken from different +sections. Thus in Vermont custom requires that one senator shall come +from the section of the state east of the Green Mountains and the other +from the west side. Sometimes when there is a large city in the state it +is the custom to choose one of the senators from the city and the other +from the country. For a long time Maryland did not trust this matter to +custom but by law enacted that one of the senators should be an +inhabitant of the eastern shore and the other of the western shore. + +=Character of the Senate.=--In the early days when the states were +generally regarded as sovereign communities, senators were looked upon +somewhat as ambassadors to the national government, and the right to +instruct them as to how they should vote on important questions was +sometimes claimed and asserted by the legislatures. Sometimes the +senators obeyed the instructions, sometimes they refused; and in the +latter case there were no means of enforcing obedience. Not infrequently +senators are "requested" by the legislature of the state which they +represent to vote for or against a particular bill. + +The Senate undoubtedly possesses elements of strength and efficiency +which are not to be found in the lower house. As it is a much smaller +body, debate there can be carried on with more effectiveness, and the +individual member has greater opportunity to make his influence felt +upon legislation. The efficiency of the Senate is further increased by +the fact that its members are generally men of more mature age and +larger legislative experience, many of them having already served their +apprenticeship in the lower house. Moreover, owing to the longer term, +they are more independent of the popular opinion of the moment and, +therefore, under less temptation to yield to popular clamor and vote for +measures which their better judgment condemns. These facts, it may be +added, have tended to increase the attractiveness of the Senate as a +legislative body and to draw into it statesmen of larger ability than +the lower house has been able to attract. + +At the same time, these elements of strength have to some extent been +sources of weakness. The attractions of the Senate have stimulated the +ambitions of rich men who have few other qualifications than the +possession of great wealth, and so it came to pass that a considerable +proportion of the members of the upper house were representatives of +great corporations and of other forms of wealth. This was not +necessarily an evil, but it was often said that the senators were +irresponsive to public opinion. Moreover, the Senate has been criticized +for usurping to a considerable extent the powers of the executive +department in regard to appointments and the conduct of foreign affairs, +and has encroached upon the powers of the lower house in respect to the +initiation of revenue bills. Finally, the tradition of senatorial +courtesy, which makes it possible for a single senator to deadlock +indefinitely the proceedings of the Senate, has been criticized as being +quite out of harmony with reasonable notions of legislative procedure. +All these charges, however, have been vigorously denied by many +defenders of the Senate. Some of them are well founded, but all in all, +the Senate compares favorably with the best upper chambers of other +countries. + +=Decisions as to Congressional Elections and Membership.=--Each house of +Congress is the judge of the election, qualifications, and returns of +its own members, that is, it is empowered to determine whether a member +who claims to have been elected has been legally chosen and whether he +really possesses the qualifications prescribed by the Constitution for +membership in the house. It seems to be admitted that either house may +also refuse to admit a member for other reasons than those prescribed by +the Constitution, as, for example, for having been convicted of a crime +or because he is insane or suffering with a dangerous contagious +disease. Thus in 1900 the house of representatives refused to allow a +member from Utah to take his seat because he was living in violation of +the anti-polygamy laws, and in 1919 it excluded a Socialist member from +Wisconsin for disloyalty during the war. + +_Contested Elections._--Frequently there is a contested election from a +state or district, that is, two men claim to have been elected to the +same seat, in which case the house must decide which one is entitled to +the seat. In such a case the claims of the contestant and the contestee +are heard by the committee on privileges and elections, which makes a +report to the house with a recommendation as to which shall be given the +seat. Unfortunately, contested election cases are not always settled on +their merits, the seat being usually given to the claimant who belongs +to the party which has a majority in the house. In England this source +of party favoritism is removed by vesting the settlement of cases of +contested elections in the courts, which are more apt to decide such +contests on their merits. + +_Power of Expulsion._--When a member has once been admitted to his +seat, he can be deprived of it only by expulsion, and to prevent the +employment of this power for party purposes, the Constitution provides +that the concurrence of two thirds of the members shall be necessary to +expel a member. Several instances of expulsion have occurred in the +past. Senator Blount of Tennessee was expelled from the senate in 1797, +and a number of other cases occurred in each house during the Civil War. + +=Compensation of Members of Congress.=--The Constitution declares that +senators and representatives shall receive a compensation for their +services, the same to be paid out of the treasury of the United States. +Under the Articles of Confederation, each state paid its own members of +Congress, and there was no uniformity in respect to the scale of +compensation. Some states paid much smaller salaries than others and in +order to reduce the burden of maintaining their representatives, the +states generally sent to Congress the fewest number of representatives +required, and as each state had only one vote, nothing was lost by +having a minimum number present. One other objection to the method of +state payment was that it tended to make the representative dependent +upon his state and caused him to feel that he was the representative of +a state rather than of the country as a whole. + +In fixing the amount of the compensation of its members, Congress is +subject to no restrictions. It may fix the salary at any amount it +pleases, may make it retroactive in effect or may increase the amount at +any time during the term for which the members are chosen. The present +salary of senators and representatives is $7,500 per year, but the +Speaker of the house receives $12,000 per year. In addition, each member +receives an allowance for a secretary, a small sum for stationery, and +mileage of twenty cents per mile going and coming by the nearest route +between his home and the national capital. This mileage is intended to +cover the traveling expenses of the member and his family. + +In some of the countries of Europe until recently members of Parliament +did not receive any compensation from the public treasury unless they +happened to be members of the cabinet; this was the rule in Great +Britain prior to 1911. Sometimes, however, members who represented the +socialist or labor party were paid by voluntary contributions by the +members of their party. The advantage of paying members of Congress a +reasonable compensation is that it enables competent men without private +incomes to serve the state equally with the well-to-do, who are not +dependent upon their public salaries for a livelihood. + +_The Franking Privilege._--Another privilege which Congress allows its +members is to send their mail through the post office without the +payment of postage. The spirit of the law restricts the privilege to the +official correspondence of members, but the privilege is generally +abused. Thus a senator from South Carolina was recently criticized by +the post-office department for franking his typewriter through the +mails. President Taft in his annual message to Congress in December, +1910, dwelt upon the abuses of this privilege by members of Congress and +other government officials. The postmaster general in 1914 called +attention to a recent instance in which more than 300,000 pamphlets were +circulated under the frank of a member of Congress, the postage on which +would have amounted to $57,000. They related not to public business but +to the interest of a certain industry in which he was concerned. + +=Rights and Privileges of Members of Congress.=--The Constitution +provides that members shall not be arrested in any case except treason, +felony, and breach of the peace, during their attendance at the +sessions of their respective houses and in going to and from the same; +and for any speech or debate in either house, they cannot be questioned +in any other place. The purpose of the first provision is to prevent +interference with members in the discharge of their high and responsible +duties, through arrest for trivial offenses or trumped-up charges. If a +member, however, commits an offense amounting to a breach of the peace, +his immunity from arrest ceases and he may be dealt with by the courts +as any other offender. The object of the second provision is to secure +to members absolute freedom of speech on the floor of Congress by +relieving them from the liability to prosecution for slander for +anything they may say in the course of debate. + +_Disqualifications._--On the other hand, the Constitution provides that +no person holding any office under the United States shall be a member +of either house of Congress during his continuance in office. This +provision was adopted in pursuance of the view that the executive and +legislative departments should, as far as practicable, be kept separate. +Moreover, no senator or representative may, during the time for which he +is elected, be appointed to any civil office which shall have been +created or the emoluments of which shall have been increased during such +time. The purpose of this provision is to prevent Congress from creating +new offices or increasing the salaries of existing offices for the +benefit of members who might desire to be appointed to them. + +=Special Functions of the Senate.=--The senate is not only a coequal +branch of the national legislature but it possesses in addition certain +powers not enjoyed by the lower house. + +_Share in the Appointing Power._--First of all, it shares with the +President the power of appointment to federal offices. The Constitution +makes its approval necessary to the validity of all appointments made by +the executive, the idea being that the participation of the senate would +serve as a restraint upon the errors or abuses of the President and thus +insure the appointment of honest and capable men to office. But it was +never intended to give the senate anything more than the negative power +of rejecting the nominations of the President. It is his power to +nominate and that of the senate to approve or disapprove the nomination. +Nevertheless, there has grown up in the senate a practice by which the +senators from a particular state in which an appointment to a federal +office is to be made, claim the right to select the appointee themselves +and when they have agreed upon him to present his name to the President +for appointment; provided, of course, that they are of the same party as +the President. If the President refuses to comply with the request of +the senators from a particular state, and nominates an official who is +unacceptable to them, the custom of "senatorial courtesy," which has +become one of the traditions of the senate, requires that the senators +from the other states shall stand by their associates in question and +reject the nomination of the President. In this way the senate has, in +effect, assumed the power of dictating to the President appointments to +many federal offices in the states, such as those of postmaster, federal +judge, attorney, revenue collector, and the like. If the two senators +from a state belong to different political parties, the one with whom +the President is in political sympathy controls the federal patronage in +the state. + +_Share in the Treaty-Making Power._--The senate also shares with the +President the power of making treaties with foreign countries. The +ordinary procedure is for the President, through the Department of +State, to negotiate the treaty, after which it is laid before the senate +for its approval. Approval by a two-thirds vote of the senators is +necessary to the validity of the treaty. The purpose of giving the +senate a share in the treaty-making power was to provide a check or +restraint upon the possible abuses or errors of the executive. The +extraordinary majority required for the approval of the treaty, however, +has frequently proved a handicap and led to the defeat of a number of +valuable treaties. Thus a small political minority can prevent the +ratification of a treaty and sometimes does so when it sees an +opportunity to reap political advantage thereby. + +The Constitution speaks of the "advice and consent" of the senate, but +in practice all the senate does is to give its consent. In the early +days, however, the President not infrequently requested the "advice" of +the senate before starting the negotiation of a treaty, and if the +advice was unfavorable the proposed negotiations were abandoned. Even +now if the President has doubts as to whether a proposed treaty would +receive the approval of two thirds of the senate he will sometimes +consult with the members of the senate committee on foreign relations +and with other influential members, before beginning the negotiations. + +The senate may reject a treaty _in toto_, and has done so in many +instances, or it may amend a treaty laid before it, in which case it +must be sent back to the government of the other country which is a +party thereto for concurrence in the amendments. After the senate has +consented to the ratification of a treaty, the President may ratify it +or not as he likes. + +[Illustration: LIBRARY OF CONGRESS, WASHINGTON, D.C.] + +[Illustration: THE WHITE HOUSE,--THE PRESIDENT'S HOME AND OFFICE] + +_The Senate as a Court of Impeachment._--Another special function of the +senate is that of acting as a court for the trial of impeachment +cases. The Constitution declares that the President, Vice President, and +all civil officers of the United States shall be removed from office on +impeachment for and conviction of treason, bribery, or other high crimes +and misdemeanors. Military and naval officers are tried by court-martial +and are not therefore liable to impeachment.[29] To impeach an officer is +to bring charges against him. So far as federal officers are concerned +this power belongs exclusively to the house of representatives, which +acts somewhat as a grand jury does in finding indictments against +ordinary criminals. When sitting as a court of impeachment the senators +are under a special oath, and when the President is on trial the chief +justice of the Supreme Court is the presiding officer instead of the +Vice President, who, in such a case, would be directly interested in the +outcome of the trial, since in the event of the conviction and removal +of the President he would succeed to the office. Managers appointed by +the house of representatives appear at the bar of the senate to +prosecute the charges preferred by the house, witnesses are examined, +evidence presented, and the accused is defended by counsel of his own +choosing. In order to prevent the employment of the impeachment power +for party purposes, the Constitution provides that the concurrence of +two thirds of the senators shall be necessary to convict. + + [29] That members of Congress are not liable to impeachment was + determined in the case of William Blount, a senator from Tennessee in + 1797, the senate deciding that it had no jurisdiction of the case. + +The punishment which the senate may inflict in case of conviction is +limited to removal from office and disqualification from holding office +in the future. The Constitution makes it mandatory upon the senate to +remove the convicted official, but whether he shall forever be +disqualified from holding office in the future is left to the +discretion of the senate. In England the House of Lords, which tries +impeachment cases, is not limited in the extent of punishment which it +may inflict, but may, at its discretion, sentence the convicted official +to imprisonment or the payment of a fine. While the senate of the United +States cannot do this, the person convicted and removed may, +nevertheless, be indicted and tried by the courts as any other criminal +may. + +The procedure of removing an officer by impeachment is so cumbersome and +unwieldy that it has rarely been resorted to. During our entire history +there have been only eight impeachment trials of federal officers, and +of these there were convictions in but three cases.[30] If this were the +only method of removal it would be difficult to get rid of corrupt and +incompetent officials, but it must be remembered that any federal +official except the judges may be removed from office by the President +for any reason that to him seems fit and proper; and the power is +frequently exercised. + + [30] The first was that of Judge John Pickering of the United States + District Court of New Hampshire, March, 1803. The second was that of + Judge Samuel Chase, of the Supreme Court, March, 1804. James H. Peck, + District Judge of Missouri, was impeached in April, 1830; West H. + Humphreys, District Judge of Tennessee, May, 1862; Andrew Johnson, + President of the United States, February, 1868; William W. Belknap, + Secretary of War, March, 1876; Charles Swayne, Judge of the United + States District Court for Florida, 1905; and Robert W. Archbald, Judge + of the Court of Commerce, 1912. Of these, Pickering, Humphreys, and + Archbald were convicted and removed from office, while Humphreys and + Archbald were in addition disqualified from holding federal office in + the future. Belknap resigned before impeachment charges were preferred, + but the senate decided that it had jurisdiction, nevertheless, and the + trial was proceeded with only to result in his acquittal. + + =References.=--ANDREWS, Manual of the Constitution, pp. 47-68. BEARD, + American Government and Politics, chs. xii-xiii. BRYCE, The American + Commonwealth (abridged edition), chs. ix-xii. HARRISON, This Country of + Ours, ch. ii. HART, Actual Government, ch. xiii. HINSDALE, American + Government, chs. xvii-xxiii. WILSON, Congressional Government, secs. + 1273-1293. + + =Documentary and Illustrative Material.=--1. Copy of the Congressional + Directory. 2. Copies of the Congressional Record. 3. A map showing the + Congressional districts of the state. + + +RESEARCH QUESTIONS + +1. How many representatives in Congress has your state? + +2. Is there any evidence that your state is "gerrymandered"? + +3. In what congressional district do you live? How many counties are +there in the district? What is its population? How much does the +population vary from the congressional ratio? Who is your +representative? How many terms has he served? What is his party? By how +large a majority was he elected? + +4. Who is the senior senator from your state? The junior senator? How +many terms has each served? To which of the three classes does each +belong? + +5. If the first congressional ratio of one member for 30,000 inhabitants +were now in force, what would be the number of representatives in the +house? Give arguments for and against the proposition that a house of +435 members is too large. + +6. Is the present salary of members of Congress sufficiently large to +attract the best men? Do you think the European custom of not paying +salaries to members of Parliament a wise one? + +7. Do you think members of Congress are morally entitled to +"constructive" mileage, that is, for mileage not actually traveled, as +where one session merges into another? + +8. Members of the British Parliament are elected for a term of five +years, those of the German Reichstag for five years, those of the French +Chamber of Deputies for four years. In view of these rather long terms, +do you think a two-year term for American representatives is too short? + +9. Do you think the practice of members of Congress of distributing +large quantities of garden seed among their constituents at public +expense a wise or a vicious one? + +10. Do you think public documents printed by authority of Congress +should be distributed free of cost to all who desire them? + +11. What is your opinion of the practice of members of Congress of +printing in the Congressional Record long speeches never delivered in +Congress? + +12. Would the nomination of members of Congress by direct primary be a +better method than nomination by convention? + +13. What would be the advantage in requiring a newly elected Congress to +assemble shortly after the election instead of about thirteen months +thereafter, as is the present rule? + +14. Ought the qualifications for voting for representatives in Congress +to be determined by national authority instead of by the states? + +15. Ought a representative to be required to be a resident of the +district from which he is elected? + +16. Do you think the states should be equally represented in the +senate? + + + + +CHAPTER XI + +ORGANIZATION AND PROCEDURE OF CONGRESS + + +=Organization of the Two Houses.=--_Officers._--Each house of Congress +is free to organize itself in such a manner as it pleases, and to choose +its own officers, except that the Vice President of the United States +is, by the Constitution, made the presiding officer of the senate. The +presiding officer of the house of representatives is called the speaker; +that of the senate, the president. Each house has one or more clerks who +keep the journals, call rolls, read bills, and have custody of all +bills, resolutions, petitions, and memorials; a sergeant-at-arms who +preserves order, has charge of the halls, pays members their salaries, +and performs various other duties[31]; a postmaster; a doorkeeper; a +chaplain; and other minor officials. + + [31] The sergeant-at-arms of the house of representatives has custody + of the mace which is the symbol of the authority of the house. It is a + representation of the Roman _fasces_ in ebony, and is surmounted by a + globe and an eagle in silver. During the session it is kept in the + place provided for it near the speaker's desk, but when disorder breaks + out in the course of the debates, the sergeant-at-arms takes the mace + from its accustomed place and proceeds, bearing it aloft, to the part + of the house where the disorder prevails. He then commands order in the + name of the house, and if the display of the mace is not sufficient to + restore order, the house may order the disorderly member or members to + be arrested. + +_Opening of a New Congress._--When a new Congress assembles, the house +of representatives is called to order by the clerk of the preceding +house. He then calls the roll of the members whose credentials or +certificates of election have been filed with him, and if a quorum is +present the house proceeds to the election of a speaker. The members of +each political party represented in the house have already in caucus +agreed upon their candidates, and they are now put in nomination before +the house by some member representing each party. Usually the action of +the caucus of the majority party is equivalent to an election, and the +house has only to ratify its choice. In several instances, however, the +election of the speaker involved long and bitter contests. Thus in 1849, +63 ballots were taken, and again in 1855-1856, 133 ballots were +necessary, and in each case a special rule was adopted permitting a +plurality to elect. + +The senate, on the other hand, is always an organized body. The +presiding officer--the Vice President--at the opening of a new Congress +calls the senate to order, and the other officers, who hold during the +pleasure of the senate, resume their duties. The senate elects one of +its own members as president _pro tempore_ to preside over its +deliberations during the absence of the Vice President or in case there +is no Vice President, as has often happened. + +_The Oath of Office_ is usually administered to the speaker by the +oldest member in point of service,--called "the Father of the +House,"--after which the speaker calls the other members to the +front--usually by state delegations--and administers the oath to them. +Newly elected senators are escorted to the Vice President's desk, +usually each by his state colleague, and are sworn in individually. + +_Adoption of the Rules._--After the administering of the oaths of +office, the house adopts the rules of the preceding Congress for +regulating its procedure pending the adoption of new rules. Usually +this is a perfunctory performance and is carried through without +opposition. At the opening of the sixty-first Congress, however, strong +opposition was manifested toward the old rules and they were not +readopted until important amendments had been made in them. + +After the adoption of the rules each house appoints a committee to +notify the other of its readiness for business, and the two then appoint +a joint committee to inform the President of the United States that +Congress is ready to receive any communication that he may be pleased to +make. The message of the President is then laid before each house and +the business of Congress proceeds. + +=Quorum.=--The Constitution provides that a majority of each house shall +constitute a quorum for the transaction of business, but that a smaller +number may compel the attendance of absent members in such manner and +under such penalties as each house may prescribe. + +_Old Method of Counting a Quorum._--For a long time the method of +ascertaining whether a quorum was present was by a roll call. If the +roll call failed to show the presence of a majority, the speaker ruled +that no quorum was present, even though every member of the house was +actually in his seat. In the course of time this rule came to be +frequently abused by the minority for the purpose of preventing +consideration of measures to which it was opposed. Thus in January, +1890, when the Republicans had only a slight majority in the house of +representatives, the Democrats were able, owing to the absence of a few +Republican members, to break a quorum and prevent consideration of +important measures, by refusing to answer to the roll call. On a notable +occasion in January, 1890, the roll call showed 161 yeas, 2 nays, and +not voting 165, the 165 who refused to vote being Democrats who were +opposed to the taking up of a certain measure which the Republicans +desired to pass. Under the rules the roll call did not show a quorum +present, though more than two thirds of the members were actually in +their seats. + +_The New Method._--The Republican majority therefore adopted a new rule, +that members who were actually in their seats were to be counted by the +speaker as present, no matter whether they voted or not. The action of +Speaker Reed in enforcing this rule raised a storm of protest by the +minority, but he courageously stood his ground. The new rule was +readopted by the next Congress though the Democrats were then in the +majority, and it has been continued ever since with the exception of one +or two Congresses when the old rule was reverted to. Much of the +business of Congress is really done, however, when there is no quorum +present, this being permissible so long as the point of "no quorum" is +not raised by any member. + +=Open Sessions.=--The ordinary sessions of both houses are open to the +public, though until 1794 the senate held its sessions in secret. When +the senate goes into executive session, as it may do when it is +considering nominations of the President to public office or is engaged +in considering treaties, the galleries are cleared, the doors closed, +and its deliberations are conducted in secret, though, the results of +its transactions usually leak out in some way. + +=Seating of Members.=--Until 1913 each member of each house was provided +with a seat and a desk, but in that year the desks were removed from the +house of representatives in order to bring the members nearer together. +Prior to that date, seats were assigned to members by lot at the opening +of Congress, but the leader of the minority party and one or two other +members of long service were usually allowed to select their seats +without resort to the lot. The Democrats are seated on the right of the +speaker and the Republicans on the left. In the senate, each seat as it +becomes vacant is assigned to the member who first makes application for +it to the presiding officer. The house chamber is so large that members +in the rear seats are at a disadvantage, and speech making is carried on +with difficulty. In 1913, however, this inconvenience was diminished by +a reduction in the size of the hall by about one third of the floor +space.[32] The senate chamber is less spacious, and debate can be +conducted with much greater satisfaction and effectiveness. It would be +a great advantage if the number of representatives could be reduced to +250 or 300 so as to make the house less unwieldy, but there is little +probability that such a reform will ever be effected. If smaller in +size, the house could transact its business with more dispatch, give +more careful consideration to bills, and allow members a greater +opportunity for discussion. + + [32] Two large office buildings have been erected near the Capitol for + the use of members of both houses. + +=Committees.=--Obviously an assembly of more than 400 members cannot +legislate effectively as a whole; its work must be done largely by +committees. To some committee every measure and every petition is +referred, as are also the various recommendations of the President. In +the sixty-seventh Congress (1921-1923) there were thirty-four standing +committees in the senate and sixty in the house. Usually there are also +several select committees, and occasionally a few joint committees. In +the senate, the committees vary in size from three to sixteen members; +in the house from three to thirty-five. + +The most important committees in the senate are those on appropriations, +commerce, finance, foreign relations, interstate commerce, judiciary, +military affairs, naval affairs, and public expenditures. The least +important are those on disposition of useless papers, University of the +United States, and Revolutionary claims, since there is little or no +business referred to them. The most important committees in the house +are those on ways and means, appropriations, banking and currency, +public expenditures, foreign affairs, interstate and foreign commerce, +judiciary, military affairs, naval affairs, public buildings and +grounds, rivers and harbors, and rules (twelve members now, formerly +five). The least important is that on the disposition of useless +papers.[33] + + [33] There are obvious objections to a system in which legislation + is necessarily framed to a large extent by committees. These + objections are thus stated by Mr. Bryce in his "American + Commonwealth": + + 1. It destroys the unity of the house. + + 2. It prevents the capacity of the best members from being brought to + bear on any one piece of legislation, however important. + + 3. It cramps debate. + + 4. It lessens the cohesion and harmony of legislation by allowing each + committee to go its own way with its own bills just as though it were + legislating for one planet and the other committees for others. + + 5. It gives facilities for the exercise of underhand and even corrupt + influence, and encourages "log rolling." + + 6. It reduces responsibility by dividing it among different committees. + + 7. It lowers the interest of the nation in the proceedings of Congress. + + 8. It throws power into the hands of the chairmen of committees, + especially those which deal with finance and other great national + interests. + + The chief advantage of such a system is that it enables the house to + deal with a far greater number of subjects than could be otherwise + dealt with, and thus makes possible the dispatch of a vast amount of + work, especially in killing off worthless bills. + +_Method of Choosing Committees._--In the senate committee assignments +are nominally made by the senate itself, but in reality they are made +by two committees on committees selected by a caucus of the members of +each party, the recommendations of the two committees usually being +accepted by the senate without debate. Both parties are represented on +each committee, the dominant party, of course, being given a majority of +the places. Thus on a committee of thirteen members, the majority party +is usually represented by eight members and the minority by five; on a +committee of seventeen, the numbers are eleven and six respectively, and +so on. + +In the house of representatives, from the beginning until very recently, +all the committees were appointed by the speaker, a power which gave him +great influence in shaping and determining the course of legislation, +since he might constitute the committees with reference to their +friendliness or unfriendliness toward legislative measures that were +referred to them for investigation and report. In making committee +assignments, however, the speaker was not entirely free to follow his +own individual preferences. Thus the tradition of the house required +that he must take into consideration the claims of members whose service +had been long and distinguished, while political gratitude led him to +reward with desirable committee assignments those to whom he was +especially indebted for his election as speaker. Seniority of committee +service was also taken into account when the chairmanship of an +important committee became vacant, the next ranking member of the +committee having a strong claim to be promoted to the vacancy. In 1911, +however, the house, then controlled by the Democrats, adopted a rule +providing for the election of all standing committees by the house; thus +making the method of choosing committees the same as in the senate. + +In the house, the chairmanship of every committee, whether important or +unimportant, is given to a member of the dominant party, and of course +also a majority of the other places on the committee, the proportion +between the representation of the two parties being about the same as on +the senate committees. + +=Introduction and Reference of Bills.=--After the appointment of the +committees the house is ready for the transaction of legislative +business. Bills are introduced by sending them, indorsed with the name +of the introducer, to the presiding officer's desk, where the fact of +presentation is entered on the journal and the bill is given a +number.[34] Thus the first bill introduced at the beginning of a new +Congress is designated as "S. 1," if presented in the senate, and "H. R. +1," if presented in the house of representatives. + + [34] Private bills are delivered to the clerk instead of to the + speaker. The distinction between a public bill and a private bill is + that the former deals with matters of general interest to the public, + while the latter deals with matters of interest to a single individual + or a small class. An example of a public bill is one regulating + commerce; an example of a private bill is one granting a pension to a + particular individual, or settling a claim of a person against the + government. A distinction is also made between a bill and a resolution. + A bill deals with matters of a more fundamental and permanent + character, while a resolution deals with matters of a more temporary + and transient nature. Resolutions are of two kinds: joint and + concurrent. A joint resolution is passed like a bill and requires the + approval of the President but is cast in slightly different form and + is used for making small appropriations, the creation of commissions, + proposal of amendments to the Constitution, resolutions to admit new + states, ordering of printing, and the like. A concurrent resolution is + used for expressing the opinion of Congress on some question of + interest to that body alone and is not submitted to the President for + his approval. + +_Reference to Committees._--The next step is to refer the bill to a +committee for consideration, and in the meantime it is printed and +placed on the desks of members. Reference to the appropriate committee +is usually made by the presiding officer, though the house may direct +that it shall be referred to a particular committee. + +Some idea of the mass of legislative projects referred to the committees +may be gained from the fact that in the sixtieth Congress 27,114 bills +and resolutions were introduced into the two houses, and that of these, +7,839 were reported by the committees to which they were referred. We +have here a good illustration of the necessity of the committee system, +since it would have been a physical impossibility for either house as a +whole to have considered even slightly so many bills. The committees +sift out of the mass of proposed legislation such measures as they think +worthy of enacting into law, and report their recommendations to the +house as a whole. + +_Committee Hearings._--Committees charged with the consideration of +important bills frequently hold public hearings at which interested +parties may appear and present arguments for and against the measures +under consideration. Thus the ways and means committee of the house in +1909 held public hearings at Washington for many weeks on the tariff +bill, and scores of persons appeared to advocate lower or higher rates +on various articles on which duties were to be imposed. Frequently +members who introduce bills appear before committees and urge favorable +action. The more important committees in each house have a regular day +in each week for meeting, and a few of those in the house of +representatives meet twice a week. Most of the committees, however, have +no regular meeting day, being called together by their chairmen as +occasion requires. + +_Forms of Committee Action._--The committee to which a bill is referred +may pursue any one of the following courses: (1) It may report the bill +back to the house with a recommendation that it be passed; (2) it may +amend the bill and recommend that it be passed as amended; (3) it may +throw the bill aside and report an entirely new one in its place; (4) it +may report the bill unfavorably with a recommendation that it do not +pass; (5) it may "pigeonhole" the bill, that is, take no action on it at +all, or report it so late in the session that no opportunity is allowed +for its consideration. The latter method of disposal, sometimes called +"smothering," is the fate that awaits the great majority of bills +introduced into Congress. The "smothering" of bills became the subject +of so much complaint among members recently that the rules were amended +so as to allow members to demand that their bills be reported to the +house for consideration. The house, of course, may at any time instruct +a committee to report a bill for its action, but this is rarely done. + +The report to the house is usually made by the chairman of the +committee, or some one designated by him. Not infrequently the minority +members of the committee also make a report opposing the recommendation +of the majority. The committee system of legislation is so thoroughly +established in Congress that a bill favorably reported stands an +excellent chance of being passed, while one adversely reported hardly +ever passes. + +=Rules of Procedure.=--The Constitution provides that each house may +frame its own rules of procedure, though it requires certain things to +be done in the interest of publicity and to insure a reasonable degree +of careful deliberation. Thus each house is required to keep and publish +a journal which must show how motions are disposed of and the vote for +and against measures voted on. It also requires that on demand of one +fifth of the members present the yeas and nays upon a measure shall be +entered upon the journal. The purpose of this provision is to enable a +small number of members to put the house on record so that the people +may know how their representatives have voted on important measures. + +_Filibustering._--This requirement serves a useful purpose, but it is +sometimes taken advantage of by the minority in "filibustering," that +is, in obstructing and delaying legislative proceedings. Thus a member +may move to adjourn or to take a recess and ask that the roll be called +and the yeas and nays on the question be entered upon the journal. If +one fifth of the members join in the demand, the roll must be called and +the process may be repeated indefinitely. On one occasion in the +fiftieth Congress the house remained in session eight days and nights, +during which time there were over one hundred roll calls on motions of +this kind. + +_The Rules of the House of Representatives_ have evolved gradually out +of the experience of the house during its long existence, and have come +to be so complex and elaborate that they are really understood by only a +few of the members, principally those who have had long experience in +administering them. They have been revised from time to time, but except +in a few particulars they are essentially what they were in 1880. They +prescribe a certain order of business for each day's work, which, +however, may be departed from by unanimous consent of all the members or +by the adoption of a "special order" reported by the committee on rules. + +_Committee of the Whole._--Revenue and appropriation bills are +considered by the house of representatives in committee of the whole. +When the house goes into committee of the whole, the speaker leaves the +chair and calls some one else to preside in his place, and the presence +of 100 members constitutes a quorum. Debate in committee of the whole +is conducted rather informally, and greater freedom of discussion is +allowed. It is when in committee of the whole that many of the lengthy +speeches printed in the _Congressional Record_ are supposed to be +delivered. In reality, however, only a small portion of these speeches +are actually delivered, for members after addressing the house a few +minutes often secure leave to print the remainder of their remarks. +Under this leave, members frequently print long speeches which have +little or no relation to the subject under consideration but are +intended for campaign purposes or for effect upon their constituents. +They are then franked through the mails to the voters throughout the +district which the member represents. + +If the bill is a private bill, it is called up for consideration on +Friday, which is private bill day. Most of the private bills are +reported from the committees on claims and on pensions. Six or seven +thousand such bills are passed by each Congress, and they constitute +about nine tenths of the entire number enacted. + +_Suspension of the Rules._--The regular order of business may be +departed from at any time on the demand of privileged committees like +those on ways and means, appropriations, elections, rules, and a few +others which have a sort of right of way in the house, because of the +urgent character of the matters with which they deal. Furthermore, by +unanimous consent, often granted, a particular member is allowed to +bring up a bill for consideration outside the regular order. Finally, on +two Mondays in every month and during the last six days of the session, +the rules may be suspended by a two-thirds vote and measures to which +there is little objection may be quickly passed and thus the business of +the house expedited. + +=The Speaker and the Committee on Rules.=--No discussion of the +procedure of the house of representatives would be adequate without a +consideration of the part played by the speaker and the committee on +rules in determining the course and character of legislation. + +_The English Speaker._--The speakership is an ancient office inherited +from England, where it originated in the fourteenth century, and is an +outgrowth of the practical necessities of legislative procedure. The +American speakership, however, differs widely from its English +prototype. The speaker of the House of Commons has no such power in +shaping legislation and controlling debate as does the American speaker. +He is in fact little more than a moderator with power to put motions, +state questions, and preserve order and decorum in debate. He is +entirely impartial, with no party prejudices. + +_Powers of the American Speaker._--The American speaker, on the +contrary, is not merely the presiding officer of the house, but he is an +active party leader who seldom hesitates to give members of his own +party every possible advantage in the course of debate. His right to +appoint the committees of the house until 1911 gave him increased power +over the shaping of legislation, because of the fact that the +legislation of the house has come to be legislation largely by its +committees. As has already been said, he gave the members of his own +party all the chairmanships of committees, as well as a majority of the +places on every committee, so that they easily controlled the work of +the committees and hence of the house itself. + +_Recognition._--Moreover, his power of recognition, especially before +1910, that is, the power to grant or withhold the right of discussion, +enabled him to a large degree to prevent consideration of measures to +which he was opposed and to cut off debate by members of the minority +party, joined with the Democrats and brought about several amendments +to the rules, one of which is designed to do away with the chief source +of complaint in regard to the power of recognition. + +_Committee on Rules._--Still another source of the speaker's power until +1910 was his control of the committee on rules. The committee consisted +of five members, two from the majority, two from the minority, and the +speaker, who was the fifth member. The speaker appointed his four +associates on the committee and thereby controlled its decisions. If he +wished at any time to have the house take up a bill at the bottom of the +calendar instead of one at the top, or in any other respect depart from +the established order of procedure, he could call the committee together +(it was the one committee that had the right to meet when the house was +in session) and have it report what was called a "special order," to +that effect--an order which the house usually adopted. The opposition to +the power of this committee and more especially to its domination by the +speaker led in 1910 to the adoption of a rule depriving the speaker of +membership on the committee, increasing its size from five to eleven, +and taking the appointment of the committee out of his hands. Since then +it has been elected by the house, and is, it is asserted, a more +representative committee. + +=Caucus Methods.=--It is a common practice for the representatives of +each party to hold a caucus before the beginning of the debate upon an +important measure, especially one of a political character, for the +purpose of deciding what shall be the policy of the party toward the +measure. Sometimes a rule is adopted by the caucus binding the members +of the party to vote for or against the bill on the floor. Thus in 1913 +caucuses of Democratic and representatives declared the tariff and +currency bills to be party measures and pledged the members to vote for +the bills without amendment. This practice has been criticized on the +ground that where members have bound themselves to vote for a bill +before it has been discussed on the floor, debate is useless since their +minds are no longer open to argument. Perhaps a better procedure would +be to hold the caucus after the discussion has terminated but before the +final vote is taken. + +=Final Stages of Procedure.=--The rules of the house of representatives +restrict the time which may be occupied by any member in debating a +measure to one hour, and this cannot be exceeded except by unanimous +consent. If he chooses, he may yield a portion of his time to some other +member. The chairman who reports the bill usually opens the discussion. +He is followed by the ranking member of the minority on the committee, +and these are followed by other members of the committee in their turn. + +_The Previous Question._--After the discussion has proceeded for a time, +debate may be terminated and the house brought to a vote by means of the +previous question, which is moved in the form, "Shall the main question +now be put?" When ordered by the house it ends debate and brings the +house directly to a vote. This is an effective method for putting an end +to useless discussion of a measure and taking the sense of the house on +its passage. It is a common form of procedure in legislative bodies, +though the senate, until 1917, had no way of limiting debate. + +_Voting on Bills._--Questions on the passage of bills are put by the +speaker as follows: "As many as are in favor say _aye_"; "As many as are +opposed say _no_"; the speaker determining the result by the sound of +the voices. If there is a doubt as to which side has prevailed, a +"division" is called for, in which case those in favor rise and are +counted after which those who are opposed rise and are counted. If there +is still doubt as to the result, "tellers" may be appointed to determine +the vote, in which case those in favor of the measure file between the +two tellers, who make a careful count, after which those opposed pass +between them and are similarly counted. If one fifth of the members +demand that a yea and nay vote be taken, the clerk must call the roll +and record each member's vote, and the result is published in the +journal so that the way in which a member votes may be known to his +constituents and all others who may be interested. + +_Passage by the Second House._--When a bill is passed by one house, it +is signed by the presiding officer, after which it is transmitted to the +other house, where it goes through practically the same stages of +procedure as described above. If the bill is passed by the other house +without amendment it is "enrolled," after which it is ready for the +signature of the President. If, however, a bill as passed by one house +is amended by the other, it is customary to appoint a conference +committee, consisting usually of three members from each house, to +discuss the differences and suggest a basis of compromise. The committee +usually recommends that each house recede from its position on certain +points, and the result is reported to each house, which usually accepts +the agreement and the bill is passed. Many important bills are finally +passed in this way, though occasionally the two houses fail to reach an +agreement and the bill fails. + +_Approval of the President._--When the bill is presented to the +President he is allowed ten days to make up his mind as to whether he +will sign or disapprove it. If he refuses to sign it, he usually returns +it to the house in which it originated, with a statement of his +objections, after which the house must proceed to reconsider it, and if +it is passed by a two-thirds vote it is sent to the other chamber and if +repassed by it by a two-thirds vote it becomes a law notwithstanding the +veto of the President. But in such cases the yeas and nays must be +entered on the journal of each house so that the record may show that +the bill was properly passed. In case the President does not approve the +bill and neglects to return it within ten days to the house in which it +originated, it becomes law in the same manner as if he had signed it, +unless Congress should adjourn in the meantime so that it cannot be +returned, in which case it does not become law. As a large number of +bills are usually sent to the President during the last ten days of the +session, an opportunity is thus afforded him for defeating bills by +neither signing nor vetoing them. This method of defeating bills is +popularly described by the term "pocket veto," a procedure sometimes +resorted to where the President does not approve a bill and yet does not +wish to take the responsibility for positively vetoing it. + +=Procedure in the Senate.=--In the senate, partly by reason of its small +size, partly by reason of its permanence, and partly by reason of the +tradition of senatorial courtesy, the procedure is somewhat different +from that of the house of representatives. For example, the senate rules +are permanent, that is, they continue from one Congress to another and +do not have to be adopted anew every two years. + +_The President of the Senate_ is little more than a moderator; indeed, +he may belong to a different political party from that which is in +control of the chamber--a situation that never happens in the house. He +does not appoint the committees of the senate, and so has no power of +predetermining the character of legislation. Moreover, he has no power +to control debate through the power of recognition. The traditions of +the senate require that he shall recognize the first senator who rises +to speak, and that he shall treat the members of both parties +impartially in according recognition for purposes of debate. + +_Unlimited Debate._--Until 1917 one of the usages of the senate was the +right of unlimited debate. Owing to the small size of the senate, much +greater freedom of discussion is possible than in the house of +representatives, where there are more than four times as many members. +Debate can also be conducted with much more ease and is much more +effective, since the size of the hall is smaller and members are not +under the necessity of speaking at the top of their voices. While a +member of the house can rarely get an opportunity to deliver a speech +and then only for a few minutes, a senator may usually speak as long as +he pleases. Advantage of this privilege is frequently taken by senators +to deliver long speeches, not so much to convince their colleagues, as +to get their views before the country at large or to make an impression +on their constituents at home. Under the rules as they were before 1917, +there was no limit to a senator's right to debate. The privilege was +made use of occasionally near the close of a session for "filibustering" +purposes. Thus a few senators with strong lungs, large vocabularies, and +a liberal supply of documents from which to read, might consume the time +of the senate for weeks and prevent it from acting on measures to which +they were opposed. Many times in our history a single senator has forced +the senate to abandon the consideration of important measures, by +threatening to consume the remaining time of the session by speech +making. In the last days of one session of Congress, a senator from +Wisconsin spoke continuously for more than seventeen hours in an effort +to prevent action on a currency bill. Near the end of the 64th Congress +(March, 1917) a small group of senators filibustered to prevent the +senate from taking a vote on a bill to give the President authority to +arm American merchant vessels for defensive purposes, notwithstanding +the fact that nearly all the other senators desired to pass the bill. +Shortly thereafter the senate adopted a new rule which makes it +possible, by a two-thirds vote, to limit the debate on any measure to +one hour for each senator. The rule was applied in November, 1919, to +bring to an end protracted discussion of the treaty of peace with +Germany. + + =References.=--BEARD, American Government and Politics, ch. xiv. + BRYCE, The American Commonwealth (abridged edition), chs. xiii-xv. + HART, Actual Government, ch. xiv. HARRISON, This Country of Ours, + ch. iii. REINSCH, American Legislatures and Legislative Methods, + ch. i. + + =Documentary and Illustrative Material.=--1. The Congressional + Directory. 2. The House and Senate Rules. 3. Precedents of the + House of Representatives, published as a public document in 1909. + 4. The Congressional Record. 5. Specimen copies of bills and + resolutions. 6. The last annual message of the President. 7. Copies + of committee reports. 8. Veto messages of the President. 9. + Diagrams of the house and senate chambers. + + +RESEARCH QUESTIONS + +1. Why are rules of procedure necessary in legislative bodies? + +2. For what purpose does the Constitution require each house to keep a +journal of its proceedings? + +3. Which do you think the better practice, the American rule, by which +each house of Congress settles election contests of its own members, or +the English rule, which places that power in the hands of the courts? + +4. What is the reason for allowing a small number of members of each +house to compel the attendance of absent members? + +9. Do you think it would be a wise provision to permit the members of +the cabinet to occupy seats in Congress without the right to vote? + +10. Trace a bill through Congress, showing the various stages through +which it must pass before becoming a law. + +11. Of what committees is your representative a member? Is he chairman +of any committee? + +12. Do you think the minority party should be given a larger +representation on the committees of Congress and larger privileges of +debate? + +13. Give the names of the five most distinguished speakers of the house +of representatives since 1789. + +14. Why is debate more effective in the senate than in the house of +representatives? + +15. Which of the two houses exerts the greater influence in determining +national legislation? Give your reasons. + +16. What are some of the so-called "usurped" powers now exercised by the +senate? + + + + +CHAPTER XII + +FEDERAL FINANCE, TAXATION, AND MONEY + + +=The National Taxing Power.=--The lack of the power of Congress to levy +taxes was, as we have seen, one of the chief weaknesses of the Articles +of Confederation, voluntary contributions by the states being the chief +source of revenue for the national government. When, therefore, the +framers of the Constitution came to deal with this subject, they wisely +provided that Congress should have power to levy and collect its own +revenues. The power conferred is almost absolute, the only limitations +being that no duties shall be levied upon exports; that excises and +duties levied on imports shall be uniform throughout the United States, +that is, they shall be the same in amount on a given article everywhere; +and that where direct taxes are levied, they shall be apportioned among +the states on the basis of population. + +=Forms of Federal Taxes.=--The two general forms of taxes recognized by +the Constitution are direct and indirect taxes. The only direct taxes, +in the sense of the Constitution of the United States, are poll taxes, +and taxes on real or personal property, all of which are required to be +apportioned among the states on the basis of population, whenever they +are levied. + +On account of the obvious injustice of levying a tax on the states on +the basis of population, inasmuch as there might easily be twice as much +property in one state as in another having the same population, this +method has fallen into general disuse. Indeed, it has been resorted to +by Congress only five times in our history, and then only for very short +periods in each case. It does not seem likely that this method of +federal taxation will ever again be resorted to. + +Until recently the two principal sources of federal revenue have been +duties on imports, and internal revenue, or excise taxes, on certain +articles produced in this country. + +=Customs Duties.=--_Specific and Ad Valorem._--Customs duties are taxes +levied on articles imported into the United States from abroad. They are +of two kinds, specific and _ad valorem_. Specific duties are those +levied on the articles according to their weight or measurement without +regard to their value. Thus a duty of one and a half cents a pound on +imported tin plate, or five cents a pound on dyestuffs, or ten cents a +yard on silk would be specific. An _ad valorem_ tax is one levied with +reference to the value of the article. Thus a duty of 50 per cent on the +value of imported woolen goods is an example of an _ad valorem_ duty. +Sometimes both forms of duty are levied on the same article. + +In favor of the specific duty is the ease of collection, since the +article has only to be weighed or measured and then assessed. But it is +often inadequate, since one yard of cloth or one pound of dye may be +many times more valuable than another, and so with many other articles. +One practical objection to the _ad valorem_ method is the opportunity +which is afforded for fraud in the matter of valuation, since in many +cases it is difficult to ascertain the real value of the article taxed. + +_The Protective Tariff._--From the beginning of our existence as a +nation, reliance upon customs duties as a chief source of revenue has +been a part of our established policy. In 1921 the receipts from this +source were $308,025,102; and in many earlier years they were nearly +half of the entire ordinary income of the national government. Great +diversity of opinion, however, has existed in regard to what articles +should be taxed and the amount that should be imposed. The Republican +party has always insisted upon a tariff not only for revenue but also +for protection to American industries and American labor against the +cheap labor of the Old World. The Democratic party, on the other hand, +has generally opposed the protective feature and insisted upon a tariff +primarily for revenue.[35] + + [35] But in 1916 a Democratic Congress laid a protective tariff on + imported dyestuffs to encourage a home industry. + +_The Preparation of a Tariff Bill_ devolves upon the ways and means +committee of the house of representatives, where all revenue bills must +originate.[36] In 1916 Congress provided for the creation of a +bi-partisan Tariff Commission to investigate the operation of tariff +laws and to make reports with a view to furnishing Congress with +information for its guidance in the preparation of tariff bills. + + [36] The senate, however, has the right to propose amendments. Thus the + tariff bill of 1894 was amended by the senate in nearly a thousand + particulars. Again, the tariff bill of 1909 was so altered by the + senate that it was in many respects a new bill, and the differences + between the two houses were settled by a conference committee. + +_The Maximum and Minimum Principle._--In 1909 Congress adopted for the +first time the maximum and minimum principle of fixing tariff rates. The +law provided for a maximum and a minimum rate on many articles and +authorized the President to apply the minimum rate to goods imported +from countries which extend the same concession to articles imported by +their citizens from the United States and to apply the maximum rate to +others. + +_Reciprocity Treaties._--At various times in the past reciprocity +treaties have been negotiated with foreign countries by which it was +provided that lower rates should be levied on articles imported from +such countries in return for reciprocal concessions of a similar kind +from them; or that there should be free admission of articles by one +country from the other. + +=Collection of Customs Duties.=--The collection of the customs duties is +part of the work of the treasury department. The country is divided into +collection districts, in each of which there are one or more ports of +entry and customhouses at which all imported goods must be landed. In +each district there are a collector and a corps of appraisers, weighers, +gaugers, naval officers, surveyors, and the like. + +By far the most important port of entry in the United States is the city +of New York, where the aggregate receipts for the year 1910 were two +thirds of the entire amount received from customs duties in the United +States. Until recently a number of the collection districts, however, +were unimportant, and in a few the expenses of administration exceeded +the receipts. Thus the receipts of the Georgetown (S. C.) district in +1910 were only $49.38, while the expenses were $265; the receipts of the +Rock Island (Ill.) district were $51.79 and the expenses $660; the +receipts of the Saco (Me.) district were $9.08 and the expenses $753.92. +In pursuance of an act of Congress passed in 1912, the President has +recently abolished or consolidated many of these districts, so that the +number is now only 49, whereas formerly it was 120. For a long time the +secretary of the treasury had urged Congress to authorize this reform, +mainly in the interest of economy, but it acted tardily. + +When goods are purchased abroad to be imported into the United States, +the importer files with the United States consul at the foreign port +from which they are to be exported an invoice containing a list of the +goods and a statement of their value at the place where manufactured or +produced. The consul certifies to the correctness of the invoice and +sends a copy to the collector of the port at which the goods are to be +landed. + +_Appraisals._--Upon arrival in the United States, the cargo is examined +by the customs officers to see that it corresponds with the description +contained in the invoice. If it is found that the goods are undervalued +the value will be raised by the appraiser. If there is evidence of +fraud, the goods will be confiscated or a heavy fine imposed on the +importer.[37] + + [37] If the importer for any reason does not desire to remove his goods + immediately and pay the duty thereon, he may store them in a government + warehouse by giving a bond for double the amount of their value. He may + then withdraw them at any time within a year upon the payment of the + duties. If they are reexported the payment of duties is not required. + +There is a general board of appraisers to which appeals may be taken by +the importer on questions of valuation, and recently there has been +created a United States court of customs appeals for the determination +of various questions arising in the administration of the tariff laws. + +=Internal Revenue Taxes.=--The second important source of federal income +is excise taxes, or what are popularly known as internal revenue duties, +that is, taxes on commodities produced in the United States. + +_The Receipts_ from internal revenue taxes as compared with those from +customs duties were inconsiderable before the Civil War. In 1862, +however, Congress passed a comprehensive internal revenue law which +increased the tax on liquors and levied a tax on tobacco, besides +license taxes on various trades and occupations. So many articles were +taxed that the revenue from this source in 1866 amounted to more than +$309,000,000, the largest sum collected in one year from internal +revenue taxes until 1915. In 1917, in consequence of the war, the rates +of many taxes were increased and new taxes were levied on freight and +passenger transportation, express charges, telegrams, insurance +policies, theater tickets, automobiles and many other articles, and a +great variety of business transactions, such as stock transfers, bond +issues, etc. For some purposes the taxes on incomes, profits, and +inheritances (page 224) are called internal revenue. The following are +the principal items of internal revenue in the year ending June 30, +1921: + + Income and profits tax $3,228,137,673 + Distilled spirits 82,623,428 + Tobacco 255,219,385 + Estate inheritance tax 154,043,260 + Tax on sales 282,222,065 + Tax on tickets of admission 95,890,650 + Tax on corporations 81,525,652 + Tax on bonds, stock issues and transfers, etc. 72,468,013 + Tax on transportation, telegraph and telephone 301,512,413 + +=Collection of Internal Revenue Taxes.=--For convenience in collecting +internal revenue taxes, the country is divided into some sixty +districts, not by act of Congress as is the case with customs districts, +but by the order of the President. Sometimes several states are grouped +into one district; sometimes a state is divided into several districts. +Thus there are four districts in Illinois, six in New York, and five in +Kentucky. In each district there is a collector who acts under the +supervision of the United States Internal Revenue Commissioner. The +collection of internal revenue taxes is a much more simple task than the +collection of customs duties, and is done for the most part by the sale +of stamps to the manufacturer, who is required to affix them on the +articles taxed. In assessing the tax on most articles their value is not +taken into consideration, and hence there is less opportunity for +arbitrary action on the part of the government officials and of course +less likelihood of controversy, than is the case with the administration +of the customs laws. + +=Other Sources of Federal Revenue.=--Besides the receipts obtained from +tariff duties and internal revenue taxes, there are a number of other +sources of revenue such as those from the sale of public land, the tax +on national banks, fines and penalties for violations of the laws of the +United States, profits on coinage, naturalization, immigration, patent +office and other fees, etc. + +_Income Taxes._--In very recent years (since 1918), the income tax, in +its various forms, has become the greatest of all the sources of revenue +for the federal government. + +It was in 1862 that Congress levied for the first time a tax on incomes, +the rate varying from five to ten per cent according to the amount of +the income, all incomes below $600 being exempt from the tax. In 1872, +the law was repealed; but a demand for reviving this method of taxation +gradually increased, and it came to be a standing part of the national +platform of the Democratic party. Accordingly when the Democrats got +control of Congress in 1894, they enacted a law providing that all +incomes in excess of $4,000 a year should be taxed at the rate of two +per cent on the amount in excess of that figure. Shortly after the law +went into effect, however, the Supreme Court, overruling its former +decisions, decided, by a vote of five to four, that the law was +unconstitutional, mainly on the ground that a tax on income from +property was a direct tax in the sense of the Constitution, and not +having been apportioned among the states according to their population +was null and void. Sentiment in favor of such a tax, however, steadily +grew, and in 1913 the constitutional impediment was removed by the +sixteenth amendment. + +Later in the year Congress levied an income tax, in connection with an +act to reduce tariff duties. The income tax is one per cent on each +individual's annual net income in excess of $3000 (or $4000 for husband +and wife living together), plus an additional tax of one per cent on net +income over $20,000 and not exceeding $50,000, two per cent on net +income over $50,000 and not exceeding $75,000, and so on up to six per +cent on net income over $500,000. + +_The Corporation Tax._--Congress in 1909 passed a law imposing a tax on +corporations, joint-stock companies, and associations, to the extent of +one per cent on the net income of each in excess of $5,000 a year. In +the year 1912 the tax yielded $28,583,259. The next year the exemption +of $5,000 was removed, thus making the entire net income of corporations +liable to the tax. + +_Inheritance Taxes._--During the Civil War and the war with Spain, +Congress levied a tax on inheritances, and the permanent adoption of +this form of taxation was strongly recommended by President Roosevelt in +his annual messages, but owing largely to the fact that many of the +states have passed laws of this kind, the idea has never commended +itself to Congress. + +[Illustration: CUSTOMHOUSE, NEW YORK] + +[Illustration: IN THE MINT AT PHILADELPHIA] + +=Deposit of United States Funds.=--The taxes collected by the national +government, together with its other funds, are kept partly in the +treasury and partly in the nine subtreasuries located at Baltimore, +Boston, Chicago, Cincinnati, New Orleans, New York, Philadelphia, St. +Louis, and San Francisco. In addition the secretary of the treasury is +authorized to designate national banks as depositories and to deposit +certain of the funds therein. In times of financial stringency or +threatened crises, this authority may be used by the secretary to +relieve the money market, by distributing the public funds among the +depositories. + +=Federal Appropriations and Expenditures.=--Having studied the sources +of federal revenues, we come now to the subject of expenditures. Revenue +bills are prepared, as we have seen, by the ways and means committee of +the house of representatives. At first the appropriations of Congress +were embodied in a single bill prepared by the committee on +appropriations, but as the operations of the government expanded, the +appropriations came to be embodied in a number of bills, sixteen in +1920, prepared by nine different committees. The committee on +appropriations was responsible only for the half dozen more general +appropriation bills, while other committees prepared the the bills +appropriating large amounts for the army, navy, diplomatic service, post +office, Department of Agriculture, District of Columbia, Indian service, +and improvement of rivers and harbors. In 1921, however, the committee +on appropriations was enlarged and again entrusted with the preparation +of all the various appropriation bills, the house thus returning to the +earlier system of a single committee responsible for all expenditures. + +The growth of national expenditures has been rapid. The appropriations +for 1916 reached the unprecedented amount of $1,637,583,682; those for +the period of the war (1917-1918), $32,427,000,000, including +$9,000,000,000 loaned to European allies. In 1921, the appropriations +were reduced to about $5,500,000,000. + +=The National Debt.=--Whenever the revenues of the government are +insufficient to pay its expenses recourse must be had to increased taxes +or loans. In time of peace the ordinary revenues ought to be sufficient +to meet expenses, but when extraordinary expenses must be incurred as is +the case when war breaks out, or foreign territory is purchased, or some +great public work is to be constructed such as the digging of the Panama +Canal, the government must have recourse to the borrowing power. The +Constitution of the United States expressly confers upon Congress the +power to borrow money on the credit of the United States, and no +limitations whatever are placed on the exercise of the power, such as +are generally imposed on state legislatures by the state constitutions. + +_United States Bonds._--The usual mode by which the government borrows +money is by the issue of its bonds, obligations similar in most respects +to promissory notes made by individuals. A government bond is simply a +promise to pay a certain sum at a particular time and with interest at a +certain rate. The bonds issued by the United States government are of +two kinds: "registered" and "coupon" bonds. A registered bond is made +out to the person who purchases it; a record is kept of it at the +treasury department, and when it is transferred to another person the +record must be changed so as to show the new owner. + +The advantage of such a bond is that if it is accidentally destroyed or +lost the owner suffers no loss. The chief disadvantage is the difficulty +in transferring it. A coupon bond is one which has interest coupons +attached to it, which may be clipped off and presented to the treasury +for payment as the interest becomes due. The government keeps no record +of the owner and it may be transferred as any other personal property. +If a coupon bond is lost or destroyed, however, the owner cannot collect +the amount of the bond. United States bonds are issued in various +denominations and for periods of time which vary widely. Usually bonds +are sold to the highest bidder, but occasionally they are disposed of by +negotiation with capitalists on the best terms that can be secured. +During President Cleveland's administration $262,000,000 of bonds were +sold to New York capitalists in this way. + +_Rate of Interest._--The rate of interest which United States bonds pay +has varied from time to time. The Revolutionary War debt bore six per +cent, and so did most of the civil war bonds. After the Civil War, +however, the rate at which the government was able to borrow steadily +declined, largely because of the desire of national banks to secure +United States bonds (page 232). The rate of interest on bonds now +outstanding ranges from two to five per cent. + +_Growth of the National Debt._--When the Constitution went into effect, +the national debt, including the war debts of the states which were +assumed by the national government, amounted to about $127,000,000; but +by 1836 the debt was extinguished and there was a surplus in the +treasury which was distributed among the states. The enormous expenses +of the Civil War, however, had to be met largely by loans, and at the +close of the conflict (1866) the interest-bearing debt was more than +$2,000,000,000. During the next twenty years the debt was reduced to +about $600,000,000, but this amount was increased between 1895 and 1899 +to about $945,000,000 on account of bond issues to replenish the gold +reserve and to meet a portion of the expenses of the war with Spain. On +June 30, 1915, the interest-bearing debt stood at $969,759,090. In +1917-19 five bond issues aggregating more than $21,000,000,000 were made +on account of the war with Germany. + +In addition there is also a non-interest-bearing debt of $389,407,800, +of which $346,681,016 consists of treasury notes issued during the Civil +War, and popularly known as "greenbacks" from their color. The national +interest-bearing debt of the United States on June 30, 1921, amounted to +about $24,000,000,000. The total debt of England is now about +$40,000,000,000, that of France about $46,000,000,000, and that of +Germany over $30,000,000,000. + +=The Monetary System.=--The coining of money is now regarded everywhere +as a proper if not a necessary function of government. Under the +Articles of Confederation, this power was possessed by the states as +well as by Congress, though in fact it was exercised by neither. The +framers of the Constitution decided that the most effective way of +securing a uniform system of money would be to place the whole matter +under the control of the national government, and so Congress alone was +given the power of coinage. At the same time, remembering how the states +had before 1789 flooded the country with paper money which in some +instances had become worthless, the framers of the Constitution wisely +decided to prohibit them from issuing bills of credit, that is, paper +designed to circulate as money. Likewise they were forbidden to make +anything but gold and silver coin a legal tender in the payment of +debts. + +_The Acts of 1792 and 1834._--As soon as the new government under the +Constitution had gone into operation, steps were taken to provide a +system of metallic currency. In 1792, an act was passed providing for +the establishment of a mint at Philadelphia and for the striking of both +gold and silver coins.[38] The gold coins were to be the double eagle, +the eagle, the half eagle, and the quarter eagle; the silver coins were +to be the dollar, the half dollar, the quarter, the dime, and the half +dime.[39] As the market value of a given quantity of gold bullion was +then about fifteen times that of silver, the weight of the silver coins +was made fifteen times that of the corresponding gold coins. But as the +value of gold bullion presently began to increase in comparison with +silver, it was necessary to readjust the ratio so as to keep both in +circulation, and so in 1834 the weight of gold coins was reduced and the +ratio made sixteen to one. + + [38] Later mints were established at Denver, San Francisco, and New + Orleans. Assay offices for refining and determining the purity of + bullion have been established at New York, St. Louis, Deadwood, Helena, + Boise, Carson City, Salt Lake, Seattle, and Charlotte, North Carolina. + To give strength and hardness to gold and silver coins an alloy of + copper equal to one tenth of their weight is added. + + [39] In addition to the gold and silver coins mentioned above are the + five cent piece (nickel) and the one cent piece (copper). + +_Demonetization of the Silver Dollar._--But soon the increase in the +supply of gold again disturbed the ratio, making the silver coins worth +more as metal than as money; and as the difficulty of keeping up the +adjustment seemed insuperable, Congress decided to abandon the attempt +and so in 1873 the silver dollar was practically "demonetized," that is, +was dropped from the list of coins, and other silver coins were made +subsidiary, that is, their weight was decreased so that the metal in +them was worth less than their face value, and they were made legal +tender for small sums only.[40] + + [40] At the present time all gold coins and the silver dollar are legal + tender for all sums. The smaller coins, however, are legal tender for + small sums only, the amount ranging from twenty-five cents in the case + of the nickel and copper pieces to $10 in the case of the silver coins. + +_Later Acts._--The opposition to the demonetization of the silver +dollar, however, became so great that it was restored by the act of +1878 and made full legal tender. But the free coinage of silver was not +restored; the act required the government to purchase and coin not less +than $2,000,000 nor more than $4,000,000 worth of silver bullion per +month. In the mean time the market value of silver had declined until +the amount of silver in a silver dollar was worth less than eighty cents +in gold, and it was believed that the act of 1878 by increasing the +demand for silver would restore its market value. This, however, did not +happen, and the market value of silver went on decreasing until at one +time the amount of silver in a dollar was worth only about forty-six +cents in gold. In 1890 Congress increased the use of silver by requiring +the secretary of the treasury to purchase monthly four and one half +million ounces of silver and pay for it with treasury notes which were +redeemable in coin at the option of the secretary and which were to be +canceled or destroyed when so redeemed. This act was repealed in 1893, +since which date the government has purchased very little silver bullion +for coinage purposes. + +=Free Coinage.=--In determining its coinage policy, the government might +follow either of two methods: (1) It might coin any and all bullion +presented by its owners at the mints, or (2) it might purchase its own +bullion and coin only so much as the necessities of trade or other +considerations might require. The former policy is that of free coinage; +it is also unlimited coinage since it involves the coinage of all +bullion offered, without limit. From the very first, the practice of the +government in regard to gold has been that of free and unlimited +coinage; that is, any owner of gold bullion may take it to a mint and +have it coined without charge except for the cost of the alloy. Prior to +1873, the same policy was followed in regard to silver, thus maintaining +in theory at least a bimetallic or double standard. In 1873, however, +Congress abandoned the policy of free coinage of silver and adopted the +single gold standard. From then until now the government has coined no +silver bullion for private owners. + +=Paper Currency.=--In addition to the metallic money described above +there is a vast amount of paper currency in the United States. This +currency may be classified under five different heads. + +_Greenbacks._--First, there are the $346,681,016 of old United States +notes or "greenbacks," already described. They were issued during the +Civil War, they bear no interest, and are redeemable in coin upon the +demand of the holder. Since 1878 the practice of the government has been +not to retire them as they are redeemed but to reissue them and keep +them in circulation. + +_Gold and Silver Certificates._--Second, there is a large amount of +currency in the form of gold and silver certificates. The law under +which such currency is issued provides that any owner of gold or silver +coin may deposit it in the treasury and receive in exchange an +equivalent amount of certificates. They are more convenient to handle +than coin, and are equally valuable for paying debts and purchasing +commodities. On the 1st of July, 1921, the amount of gold certificates +in circulation was $452,174,709; the amount of silver certificates, +$201,534,213. These two forms of currency constitute one eighth of our +entire stock of money in circulation. + +_Sherman Treasury Notes._--A third form of paper money is the so-called +Sherman treasury notes issued in pursuance of the act of 1890 already +described. On July 1, 1921, there were $1,576,184 of them in +circulation. The law declares that they shall be redeemed in _coin_, +that is, either gold or silver, at the option of the government. To +prevent the threatened depletion of the gold reserve[41] and provide the +necessary gold with which to redeem the increasing issues of Sherman +treasury notes, bond issues aggregating $262,000,000 were issued during +the years 1894 and 1895. By the act of 1900 the policy of maintaining a +single gold standard was definitely adopted by Congress, and it was +provided that greenback notes, Sherman treasury notes, and other +securities of the government should be redeemable in gold. + + [41] The gold reserve is a sum of money set aside for the purpose of + redeeming the old "greenbacks" or United States notes. An effort has + always been made to keep the amount above $100,000,000. + +_National Bank Notes._--The fourth class of paper money is national bank +currency. A national bank, unlike other banks, not only receives +deposits and makes loans and performs the other functions of banks, but +also issues notes which circulate as money. There are about 8,200 +national banks in the United States, with an aggregate capital of more +than $1,000,000,000 and with a total circulation of $729,550,513 of +notes outstanding (July 1, 1921). + +_Federal Reserve Notes._--The federal reserve banks, established under +the act of 1913, not only receive deposits and make loans to other +banks, but also have power to issue federal reserve notes which +circulate as money. The amount in circulation July 1, 1921, was +$2,680,494,274. This constitutes by far the largest amount of paper +money in existence. + +The total amount of money of all kinds in circulation on July 1, 1921, +amounted to $5,776,437,473, or a per capita circulation of about $53.40. + +=The National Bank System.=--Any number of persons, not less than five, +may organize a national bank, the amount of capital required depending +upon the population of the town or city where the bank is located. +Prior to 1914 the organizers were obliged to purchase and deposit with +the government, bonds of the United States equal to one fourth of the +capital of the bank; now they may do so if they wish. The comptroller of +the currency then delivers to the bank notes equal in amount to the par +value of the bonds deposited. These notes when properly signed by the +president and cashier of the bank may then be loaned by the bank or +otherwise issued as currency, for though not a legal tender they are +commonly used as money. It must also be remembered that the United +States bonds deposited with the government remain the property of the +bank and it receives the interest on them just as any other owner would. + +_Advantages of National Bank Currency._--If a national bank fails, +depositors may lose their money just as depositors of money in other +banks may, but the holder of a national bank note does not, for whenever +a bank is unable to redeem its notes, the comptroller of the currency +may sell the bonds which it has on deposit with him, and with the +proceeds redeem its notes. Hence a bank note is as safe as any other +form of currency. Moreover, national banks are subject to frequent and +careful examination by government examiners, and failures among them +occur with less frequency than among other banks. + +=Federal Reserve Banks.=--By an important act passed in 1913 Congress +provided for the creation of a series of federal reserve banks to be +located in different parts of the country. The committee intrusted with +the matter divided the United States into twelve districts, each of +which is to have one federal reserve bank, located respectively in the +following cities: Boston, New York, Philadelphia, Cleveland, Richmond, +Atlanta, Chicago, St. Louis, Minneapolis, Kansas City, Dallas, and San +Francisco. In each district the national banks are required to become +members of the federal reserve association, and to subscribe for its +stock. Other banks may do so, by conforming to certain requirements. + +Federal reserve banks are under the supervision and control of a federal +reserve board consisting of the secretary of the treasury, the +comptroller of the currency, and five other members appointed by the +President. The federal reserve notes which they issue are guaranteed by +the United States government, and are secured by commercial paper--notes +and drafts--deposited in the treasury. It is expected that these banks +will provide a more adequate supply of money and credit when the need is +greatest, as during the crop-moving season, and at the same time give +greater stability to the business of banking. + +=Federal Land Banks.=--In 1916 Congress passed the so-called rural +credits law, which provides for the organization of a series of banks +for lending money to farmers at low rates of interest and for long +periods of time. Such banks are under the supervision of the federal +farm loan board consisting of the secretary of the treasury and four +other members. + + =References.=--ANDREWS, Manual of the Constitution, pp. 81-89, + 104-118. BEARD, American Government and Politics, ch. xviii. BRYCE, + The American Commonwealth (abridged edition), ch. xvi. HARRISON, + This Country of Ours, pp. 58-65. HART, Actual Government, chs. + xxi-xxii. HINSDALE, American Government, secs. 341-373. LAUGHLIN, + Elements of Political Economy, chs. xxv-xxvii. + + + =Illustrative Material.=--1. Copy of the present tariff law. 2. + Specimens of various kinds of money in circulation. 3. Copy of the + last annual report of the Secretary of the Treasury. + + +RESEARCH QUESTIONS + +1. What were the sources of national revenue during the period of the +Confederation? + +2. Why has the imposition of direct taxes on the states not been +resorted to with more frequency? + +3. What is your opinion of the law levying taxes on incomes? + +4. What is the amount paid by your state in internal revenue taxes? How +many internal revenue districts are in your state? + +5. Are there any ports of "entry" or "delivery" in your state? Any +customhouses? If so, what is the amount collected by each? (See report +of the secretary of the treasury.) + +6. Can you give the names of some articles now on the "free list"? +Mention some articles on which, in your judgment, the tariff rate is too +high. Mention some articles on which the tariff is levied according to +the _ad valorem_ method; the _specific_ method; both methods combined. +(See copy of the tariff law.) + +7. With what countries do we have reciprocity commercial treaties? In +brief, what are the provisions of those treaties? + +8. Why is an internal revenue tax imposed on such articles as +oleomargarine, filled cheese, and mixed flour? + +9. What is the present rate on tobacco, cigars, distilled spirits, and +fermented spirits? + +10. What was the total amount of the appropriations of Congress at the +last session? What were the largest items of expenditure? + +11. What is the present mint ratio between gold and silver? the market +ratio? What is the actual weight of a silver dollar? What is Gresham's +law of coinage? + +12. Which countries have a bimetallic monetary system? Which a single +silver standard? Which a single gold standard? What are the arguments +for and against free coinage of silver? + +13. What would be the result of opening the mints to the free and +unlimited coinage of silver? + +14. Name the different kinds of paper money. + +15. What was the amount of the interest-bearing debt according to the +last report of the secretary of the treasury? + +16. What do you understand by the terms "legal tender"? "fiat money"? +"seigniorage"? "suspension of specie payments"? + +17. What is the penalty for counterfeiting the currency of the United +States? + +[Answers to many of these questions may be found in the report of the +secretary of the treasury which may be obtained gratis from the +secretary.] + + + + +CHAPTER XIII + +THE REGULATION OF COMMERCE + + +=The Power to Regulate Commerce.=--Under the Articles of Confederation, +as we have seen, Congress possessed no power to regulate commerce among +the states or with foreign nations. That power remained entirely with +the states. Each state accordingly made such regulations as it saw fit, +without regard to the general welfare. It was this want of commercial +power on the part of Congress that contributed as much as anything else +perhaps to the downfall of the Confederation. The Constitution as +finally adopted gave Congress the exclusive power to regulate commerce +among the states, with foreign countries, and with the Indian tribes, +which were then treated somewhat as foreign nations for certain +purposes. The only limitations placed on the power of Congress in this +respect were that no duty should be levied on goods exported from any +state; that no preference should be given by any regulation of commerce +or revenue to the ports of one state over those of another; and that no +vessels bound to or from one state should be obliged to enter, clear, or +pay duties in another. + +=Regulation of Foreign Commerce.= In pursuance of the power to regulate +commerce with foreign nations Congress has enacted a large amount of +legislation relating to tonnage duties, duties on imports, quarantine, +immigration, the importation of adulterated foods, wines, teas, and +other food products, the conduct of navigation, the construction and +inspection of ships carrying passengers, pilotage, clearances, the +protection of shipping, the rights of seamen, the registration and +insurance of vessels, life-saving appliances, the use of wireless +telegraph apparatus, and the like. It was also in pursuance of this +power that the Embargo Act was passed in 1807 and the Nonintercourse Act +in 1809--both of which were in effect prohibitions rather than +regulations of commerce. + +_The Navigation Laws_ prescribe with great detail how vessels registered +under the American flag shall be constructed and equipped for the +comfort and safety of their crews and passengers; how they shall be +inspected; rules that shall be observed to avoid collisions, how signals +shall be displayed, etc.; the forms of papers vessels must carry; how +the wages of seamen shall be paid, the nature of their contracts, etc. + +_The Tonnage Laws_ prescribe the rate of tonnage duties that shall be +levied on vessels entering American ports. Tonnage duties, as the name +indicates, are a form of taxation calculated on the basis of the tonnage +admeasurement of the vessel; they are levied on American as well as +foreign ships, though the rate is higher on the latter than on the +former. Sometimes they have been higher on the vessels of some foreign +countries than on those of others, in which case they are known as +discriminating tonnage duties. Such discriminating duties are employed +for the purpose of favoring the commerce of those nations which extend +us commercial privileges and for shutting out or restricting that of +nations which discriminate against our trade. In pursuance of the power +to regulate foreign commerce, Congress prohibits foreign vessels from +engaging in the coasting trade, and permits only citizens of the United +States to serve as masters on vessels registered under the American +flag. Formerly only American-built vessels could be registered, but in +1914, after the outbreak of the great war in Europe, Congress passed an +act allowing ships built in foreign yards, when owned by American +citizens, to be registered under the American flag; and more than 100 +such vessels have been so registered. + +_Immigration._--By virtue of the commerce power Congress has enacted a +series of immigration laws imposing restrictions on the coming of +immigrants to our shores. For a long time immigration from Europe was +encouraged rather than restricted, but within recent years so many +undesirable persons have found their way to America that Congress has +been led to pass various laws designed to shut out the worst of them and +admit only the desirable ones.[42] + + [42] According to the report of the commissioner general of + immigration, 1,218,480 immigrants arrived in the United States during + the year 1914. Of those who applied for admission into the country, + more than 33,000 were turned back. In 1916 the number of arrivals + dropped to 366,748; in 1920 it was 430,000. + +First of all, the immigration laws exclude convicts, insane persons, +paupers and those likely to become paupers, persons suffering with +dangerous, loathsome, and contagious diseases; epileptics, persons +afflicted with tuberculosis, idiots, feeble-minded persons, polygamists, +anarchists, immoral persons, and others of this character. + +In the second place, what are known as alien contract laborers are +prohibited from entering the United States, that is, persons who come +under contract already entered into, to perform labor, whether skilled +or unskilled. The law excluding this class was enacted in obedience to +the demands of the union laborers of the United States, who did not wish +to be subjected to competition with foreign laborers specially imported +for the purpose. Actors, teachers, lecturers, and members of other +professions are exempted from the law, and so are skilled laborers if +domestic laborers of like kind are not available in the United States. + +A third group of excluded classes are Chinese laborers, the immigration +of whom was first prohibited in 1882. + +A law of 1916 provides, with certain exceptions, that no alien shall be +admitted unless he can read English or some other language or dialect. A +law passed in 1921 limits the number of immigrants who may enter +annually from each country, to 3 per cent of the number already in the +United States, or a total of about 356,000. + +There is now a head tax of eight dollars levied upon every immigrant who +is admitted. Persons whose steamship passage has been paid by others or +who have been otherwise assisted to come are not allowed to enter. When +an immigrant has been denied admission by the commissioner of +immigration at the port at which he has landed, he may take an appeal to +a special board of inquiry. If the decision of this board is against him +he may appeal to the United States commissioner-general of immigration, +and finally to the secretary of the department of labor. If the final +decision is against him, the steamship on which he sailed is required at +its own expense to transport him to the port from which he sailed. + +_Quarantine._--In pursuance of the power to regulate foreign commerce, +Congress has enacted a volume of legislation in regard to quarantine and +medical inspection of ships and their passengers coming from foreign +ports. In most instances inspections are made by the United States +consul at the port from which the vessel sails, and a bill of health is +furnished the master of the vessel, but in some Asiatic and South +American ports regular medical inspectors are stationed. At various +ports along the coast, national quarantine stations have been +established at which inspections of incoming vessels are made and at +which they may be detained if found to have on board persons suffering +from dangerous contagious diseases. + +_Pure Food._--Congress has also provided for the inspection of foods +imported from abroad. Whenever a vessel is found to have on board impure +or adulterated foods or teas, it is forbidden to land the cargo or is +allowed to land it only after certain conditions are complied with such +as the change of labels to correspond with the actual contents of +packages. In this way an attempt is made to protect the American +consumer against impure and unwholesome food products shipped here from +foreign ports. + +=Interstate Commerce= has been interpreted to include the carriage of +passengers from one state to another; the transportation of commodities +of whatsoever character, including lottery tickets, obscene literature, +and any other objects which may be the subject of transportation; and +the transmission of ideas or information by telegraph or telephone from +a point in one state to a point in another. In short, interstate +commerce means not only transportation and traffic in articles but +intercourse and communication by the modern devices for transmitting +thought; and the power to prescribe the conditions under which such +intercourse may be carried on across state lines belongs to Congress.[43] +Congress controls also the coasting trade between parts of the same +state and the traffic on all rivers which flow into the ocean or the +Great Lakes and thus constitute highways of interstate or foreign +commerce. + + [43] Under the commerce power. Congress has also enacted the white + slave law, and an act restricting the killing of birds that migrate + from one state to another. + +[Illustration: IMMIGRATION STATION, ELLIS ISLAND, NEW YORK HARBOR] + +[Illustration: IMMIGRANTS READY TO START WEST] + +_Power Retained by the States._--Nevertheless it is often difficult in a +particular case to draw the line between acts which regulate interstate +commerce and acts which merely affect it without regulating it. The +Supreme Court in a long line of decisions has held that the states not +only have complete power of control over all commerce originating and +ending within their limits but that they may also enact legislation for +the protection of the public health, safety, good order, and morals of +their people even when such legislation affects commerce among the +states, the only restriction being that such legislation must be +reasonable and must not amount to a direct interference with interstate +traffic. The right of the states in this respect is known as the _police +power_--a power which is very extensive and of which they cannot be +deprived by Congress. Thus they may enact reasonable quarantine laws +forbidding the entrance into their territory of diseased persons from +other states or the importation of diseased live stock. Likewise they +may limit the speed of interstate trains running through their towns, +may require railroads to provide gates at crossings, safety appliances +for cars, and the like. + +_The Original Package Doctrine._--A state, however, prior to 1920, could +not without the consent of Congress prohibit the importation of liquor +in original packages into its territory from other states, although it +might be a prohibition state.[44] But Congress itself, by an act passed +in 1913, prohibited the transportation of intoxicating liquors into +states having prohibition laws. + + [44] Early in 1919 the eighteenth amendment to the federal constitution + was adopted, prohibiting the liquor traffic after one year. + +Likewise, the states cannot impose taxes on passengers passing through +their territory bound for points in other states, or require interstate +trains to stop at county seats, or impose taxes on telegraph messages +sent to points in other states, or on bills of lading of freight +destined to points in other states, or on goods intended for +exportation, and so on. + +=Regulation of Interstate Railway Traffic.=--For a long time Congress +took no action toward regulating railway traffic among the states, thus +leaving the railroads free to carry on their business as they pleased, +regardless of the interest of the public whom they served. But with the +enormous development of the railway system of the country gross evils +began to creep in, in the form of excessive rates, discriminations, +combinations for the suppression of competition, inadequate provision +for the safety of passengers, etc., in consequence of which a widespread +demand grew up for legislation bringing the railroads under governmental +control. The outcome of this agitation was the interstate commerce act +of 1887, the provisions of which have been amended and extended by +several subsequent acts, notably the Elkins act of 1903, the railway +rate law of 1906, and the interstate commerce law of 1910. + +_Interstate Commerce Commission._--The law of 1887 created an interstate +commerce commission which now consists of eleven members appointed by +the President and paid a salary of $12,000 a year each, which commission +has general supervision of the execution of the several acts mentioned +above. It hears complaints against the railroads, makes investigations +upon petition, and to this end may summon witnesses and compel the +production of papers and records, and conduct hearings. If, after an +investigation, it finds that the law is being violated by a railroad +company, it may request the proper federal authorities to institute a +prosecution of the offending company, and the law requires that such a +prosecution shall be made. For a long time the commission had no power +to fix rates, but only the negative right to say that a given rate was +unjust and unreasonable. But by the act of 1906 it was given the power, +after a full hearing, to determine and prescribe just and reasonable +maximum rates and charges, as well as to prescribe regulations for the +conduct of railway traffic. + +_The Laws Now in Force_ prescribe that all railway rates and charges for +carrying freight and passengers must be just and reasonable; that no +rebates, drawbacks, or special rates shall be granted to particular +shippers; that no discriminations shall be made as to rates or service +to certain persons or places; that no free passes, with certain +specified exceptions, shall be granted; that no greater charges shall be +made for a "short haul" than for a "long haul"; that no railroads shall +be allowed to transport commodities which they are engaged in producing, +with certain exceptions; that competing railways shall not be allowed to +pool their freight or earnings; that schedules showing rates, fares, and +charges shall be published and kept open for inspection and cannot be +changed except after thirty days' notice to the commission; that all +railroads shall keep their accounts according to a uniform system +prescribed by the commission; and that they shall make annually to the +commission a full and complete report of their business and earnings. + +An important extension of the interstate commerce act was made in 1906, +when express and sleeping car companies, pipe lines used for +transporting oil from one state to another, and telegraph, telephone, +and cable companies engaged in sending messages from one state to +another or to foreign countries, were brought under the operation of the +law and their business subjected to the same conditions and restrictions +as those applying to railroads. By an act of 1912 railroads were +prohibited from owning, controlling, or having any interest in competing +water carriers, and by an act of 1913 provision was made for preparing a +valuation of all railroads in the United States. + +Congress has also enacted laws requiring interstate railroads to equip +their cars with automatic couplers and other safety appliances, fixing +the liability of railway employers for injuries sustained by railway +employees, encouraging the arbitration of railway strikes, and +establishing an eight-hour work day on railways (1916). An act excluding +the products of child labor from interstate commerce (1916) was declared +unconstitutional by the Supreme Court. + +In pursuance of acts of Congress passed in 1916 and 1918, the President +in 1918 took over the control of railroads, telegraphs, and telephones +for the duration of the war. + +=Federal Anti-trust Legislation.=--The commerce clause of the +Constitution has also furnished the authority for some important +congressional legislation against what are popularly known as "trusts," +that is, combinations of corporations or business associations formed to +avoid the wastes of competition and to secure economy of management. But +the control of the supply of a commodity means the elimination of +competition and usually the maintenance of high rates to the injury of +consumers. For a long time the greater part of the business of the +country was conducted by individuals, companies, or corporations, and +the advantages of competition were preserved to the public, but in the +course of the economic development of the country, corporations began to +consolidate for the reasons stated, with the result that the supply of +many commodities came to be controlled by single combinations. At first +the states undertook to deal with the problem by passing anti-"trust" +laws, but the business of so many of the more powerful organizations +was interstate in character that state legislation was inadequate to +deal with them. + +_The Sherman Anti-"trust" Law._--Finally, in obedience to a widespread +popular demand, Congress took action in 1890 by passing what is +popularly known as the Sherman anti-"trust" act to protect trade and +commerce among the states against unlawful restraint and monopolies. +This act declared that every contract, combination in the form of trust +or otherwise, or conspiracy in restraint of trade or commerce among the +states or with foreign nations was illegal, and it prescribed +appropriate penalties for violations thereof. This law, however, applies +only to "trusts" which are in restraint of trade among the states or +with foreign nations. It has no application to those whose activities +are confined entirely within the boundaries of a single state; with such +"trusts" the states alone have the power to deal. + +In pursuance of the act of 1890, prosecutions have been instituted in +the federal courts against a large number of "trusts," and some of them +have been broken up, but the larger number have escaped. In 1911, for +example, the Supreme Court decided that the Standard Oil and tobacco +"trusts" were illegal, and their dissolution was decreed. + +_The Clayton Anti-"trust" Act._--In 1914 Congress passed another +important act directed against combinations in restraint of trade. In +brief, it prohibits price discriminations among purchasers, exclusive +trade agreements between manufacturers and retailers, the holding of the +stock of one corporation by another, and interlocking directorates. Like +the other anti-"trust" acts it applies, of course, only to persons or +corporations engaged in interstate commerce or trade. To enforce the act +a _federal trade commission_ was created. It consists of five members +appointed by the President, at a salary of $10,000 each. + +=Federal Pure Food Legislation.=--The commerce clause of the +Constitution is also the source of some important legislation designed +to protect the public against impure, unwholesome, and adulterated foods +produced in the United States. We have already called attention to the +legislation of Congress against the importation of impure foods, and +teas from abroad. Still more recently Congress passed an interstate pure +food law prohibiting the transportation among the states and territories +of any food products which are adulterated or which contain foreign +substances not indicated in the labels. The law also provides for the +fixing of a standard of pure foods and other products transported from +one state to another or intended for interstate transportation, and +provides that they must come up to the standard prescribed. + +_The Meat Inspection Law._--To protect the public against unwholesome +meat products, Congress enacted in 1891 a law which was strengthened in +important particulars in 1906, providing for the inspection of +slaughtering houses whose products are intended for interstate commerce. +The law requires the registration of all establishments engaged in +slaughtering animals the products of which are to be shipped into other +states or are intended for export. Each is given a number, and federal +inspectors are assigned to inspect the animals intended for slaughter, +to inspect their carcasses in certain cases, and to see that the +business of slaughtering is conducted under clean and wholesome +conditions. Animals found suffering with certain diseases are not +allowed to be slaughtered for food purposes, and meat discovered to be +unwholesome must be rejected. Supervision is also exercised over the +processes of packing and canning, and there are detailed regulations in +regard to labeling. + + + =References.= ANDREWS, Manual of the Constitution, pp. 89-95. + BEARD, American Government, ch. xix. COOLEY, Principles of + Constitutional Law, pp. 66-88. HART, Actual Government, ch. xxiv. + HINSDALE, American Government, secs. 374-380. JOHNSON, Railway + Transportation, ch. xxvi. + + =Illustrative Material.=--Annual reports of the Interstate Commerce + Commission, of the Department of Agriculture, of the + Attorney-General, of the Commissioner of Navigation, of the + Commissioner of Immigration, and of the Public Health and Marine + Hospital Service. + + +RESEARCH QUESTIONS + +1. What were the reasons for giving Congress control over foreign and +interstate commerce? + +2. Why did the delegates from the Southern states oppose giving this +power to Congress? + +3. What is meant by the "original package" doctrine? + +4. Why should a railroad company be prohibited from granting rebates? +For charging more for a "short haul" than for a "long haul"? From +transporting the products of its own mines and manufactories? From +pooling its freight or earnings? + +5. What are the arguments for and against granting government subsidies +for the upbuilding of the merchant marine? + +6. What have been the principal reasons for the decline of the American +carrying trade? + +7. What is the amount of money annually appropriated for improving the +rivers and harbors of the country? + +8. How has the commerce clause of the Constitution been the source of +important extensions of the power of the national government? Mention +some important recent acts of Congress that have been passed in +pursuance of this clause. + +9. Should Congress, in your judgment, impose greater restrictions upon +immigration than it now imposes? + +10. Do you think Congress should have power to regulate the business of +life insurance? To regulate marriage and divorce? + +11. Is the policy of governmental regulation of railroads preferable to +governmental ownership? Give your reasons. + + + + +CHAPTER XIV + +OTHER IMPORTANT POWERS OF CONGRESS + +THE POST OFFICE, COPYRIGHTS, PATENTS, THE ARMY, THE NAVY, ETC. + + +=The Postal Service.=--The beginnings of the postal service in the +United States date back to the action of the Continental Congress in +creating a post office department in 1775, and appointing Benjamin +Franklin as its head. Under Franklin's direction postal routes were +established throughout the colonies and the mails were carried over them +at intervals of one or two weeks. In 1776 there were twenty-eight post +offices located in the more important towns. The Constitution gave +Congress power to establish post offices and post roads, and when the +new government was established, the postal service was reorganized and +extended. In 1790, however, there were only seventy-five post offices in +the thirteen states, and less than 2,000 miles of post roads. The total +revenues were only $37,000, and the expenditures only $32,000. Now there +are more than 60,000 offices and over 25,000 different routes, with an +aggregate mileage of about 450,000 miles. A recent postmaster-general +has well said: "The postal establishment of the United States is the +greatest business concern in the world. It handles more pieces, employs +more men, spends more money, brings more revenue, uses more agencies, +reaches more homes, involves more details, and touches more interests +than any other human organization, public or private, governmental or +corporate." Some idea of the magnitude of the service may be gained from +the fact that during the year 1919 about twenty billion pieces of mail +were handled, more than $1,000,000,000 worth of domestic money orders +were issued, and more than 120,000,000 articles were registered. The +receipts for the year 1919 aggregated $364,847,126, and the expenditures +$362,497,635. + +_The Postal Deficit._--For many years the postal service was operated at +a loss, the principal causes of the deficit being due to the loss +sustained by the government on the transportation of second-class matter +and through the rural free delivery service. During the fiscal year 1917 +the loss on the former account aggregated $72,000,000 and on the latter +about half that amount. There is also a heavy loss on mail carried free +under the Congressional frank. Thus in 1917 more than 60,000,000 pounds +of such mail was carried, the postage on which would have cost more than +$20,000,000. Nevertheless by rigorous economy the deficit was made to +disappear in 1911 for the first time in thirty years. In 1917 there was +a surplus of more than $9,000,000. + +=Mail Matter.=--Congress has power to decide what matter shall be +admitted to the mails and what shall be excluded. In addition to books +and printed matter generally it allows parcels of merchandise weighing +not more than seventy pounds to be carried through the mails; also +seeds, bulbs, roots, samples of flour, dried fruits, cut flowers, +geological and botanical specimens, soap, nuts, live queen bees, dried +insects, etc. On the other hand, the following matter is denied +admission to the mails: parcels weighing over seventy pounds; poisons, +explosives, live animals, liquors and other objects unsuitable for +transportation in the mails; obscene matter and articles adapted or +designed for immoral purposes; all matter relating to lotteries and +schemes for swindling the public, and, by acts of 1917, advertisements +of intoxicating liquor intended for distribution in prohibition states +and printed matter advocating treason, insurrection, resistance to the +laws, disloyalty, etc. + +_"Fraud Orders."_--The mails are so frequently used by dishonest +concerns for circulating advertising matter designed to defraud the +public, that a law has been passed authorizing the postmaster-general to +withhold the privileges of the postal service from persons using it for +such purposes. In pursuance of this authority, he frequently issues +"fraud orders," instructing the local postmaster not to deliver mail to +specified fraudulent concerns. It was reported in 1913 that in two years +such concerns had swindled the people out of $129,000,000. + +_Classification of Mail Matter._--Mail is classified into four different +classes: _first_, letters and postal cards; _second_, newspapers and +other periodical publications; _third_, printed matter not admitted to +the second class; and _fourth_, merchandise not comprehended in the +other three classes. + +_The Rates of Postage_ on the different classes have varied in amount +from time to time. In the early history of the post-office department +the rates for transporting letters were regulated on the basis of the +distance carried, and according to the number of sheets in the letter, +the amount ranging from six to twenty-five cents. Since 1863, however, +there has been a uniform rate on letters irrespective of distance. In +1883 the rate was fixed at two cents; in 1917, three cents; in 1919, two +cents. Before 1847, when the adhesive postage stamps were introduced, +payment of postage was made in cash and the amount indorsed on the +envelope. Postal cards were introduced in 1872. + +On the transportation of first-class mail the government realizes a +profit estimated at $60,000,000 per year, notwithstanding the long +distance much of it is carried. There is also a substantial profit +derived from foreign mail. + +=Second-Class Matter= mailed by the publishers is carried at the rate of +1-1/2 cents a pound, with an added charge (depending on distance) for +advertising matter;[45] but newspapers are carried free to any office +within the county of publication except in cities having free delivery +service. The government has sustained heavy losses in carrying +second-class matter. In the year 1917 more than 1,200,000,000 pounds was +transported at a loss of over six cents per pound. It constituted over +60 per cent of all domestic mail, but yielded less than five per cent of +the postal revenues, the loss being greater than the profits realized on +all other classes of mail combined. + + [45] The rate for other persons than publishers is four cents a pound. + +_Should the Second-Class Rate be Increased?_--For some years there was +considerable agitation in favor of increasing the rate paid by +publishers, especially on magazines which are overloaded with +advertising matter and on other publications which are devoted largely +to advertising purposes. Successive postmasters-general urged a +readjustment of the rates, but until 1917 Congress took no action +further than to appoint a commission to investigate and report on the +subject. The two suggestions most considered were, that a higher rate +should be imposed on magazines than on newspapers in view of the fact +that the average distance of transportation is greater in the case of +magazines than in the case of newspapers, and that a higher rate be +imposed on advertising matter than on purely reading matter. + +Against these arguments it was contended that the educational benefits +derived from the extensive circulation of second-class matter are very +great, and that for this reason the government can well afford to +contribute something toward the dissemination of advertising information +among the masses of the people. Moreover, it was argued that the +circulation of second-class matter is responsible for a large amount of +first-class matter and thus the government makes up in the increased +profits on first-class matter what it loses on second-class matter. Thus +it was said that fifty pages of advertising matter in a popular magazine +might lead to the writing of 50,000 letters. Consequently a reduction in +the volume of second-class matter would inevitably be followed by a +corresponding reduction in first-class matter. + +Finally in 1917 Congress passed a law providing for a graduated increase +in the rates on the advertising portions of newspapers and magazines, +the amount depending on the distance carried. + +=Free Delivery Service.=--The extension of _rural free delivery_ service +has been the most rapid and remarkable of all the undertakings of the +post office department. It began as an experiment in 1897, when less +than $15,000 was appropriated to test the advantage of free delivery in +country districts, and it has been extended until it now constitutes one +of the largest branches of the postal service, the annual expenditures +on account of the service exceeding $50,000,000. This is the largest +item of expenditure by the post office department on any of its services +except the transportation of mail on the railroads, which foots up +nearly $55,000,000. There are more than 40,000 rural free delivery +routes in operation, and nearly three billion pieces of mail are +annually delivered to 27,000,000 people along these routes. An +investigation made in 1909 showed that the postage on the average +amount of mail collected on a rural route was $14.92 per month, while +the average cost of the service was $72.17. The average cost of the +service on a rural route, therefore, exceeded the average revenue +derived from postage by $687 per year. On that basis the total loss on +the operation of the service was estimated to be about $28,000,000. But +while the loss to the government in money has been great, the advantage +to the country districts served has been notable. Besides the +convenience to the country residents it has brought them into closer +relation with the centers of population, made country life more +attractive and less monotonous, increased farm values, and encouraged +the improvement of country roads, since the department insists upon the +maintenance of the highways in good condition as a prerequisite to the +introduction and continuance of the service. + +_Free Delivery in Cities._--Free delivery of mail in the larger towns +and cities was first introduced during the Civil War, and the service +has been extended to include all places of not less than 10,000 +inhabitants or where the postal receipts are not less than $10,000 per +year. In 1885, provision was made by which immediate delivery ("special +delivery") of a letter upon its arrival at a city post office could be +secured by payment of ten cents. + +=Registry Service.=--In 1855, Congress established the registry service, +by which upon the payment of extra postage--the extra rate is now ten +cents per letter or parcel--special care is taken of letters or parcels +registered. Thus the safe delivery of a valuable letter or parcel is +practically assured, and by a recent law the post office department has +provided a system of insurance against the loss of parcels mail--the +maximum amount allowed in case of loss being one hundred dollars. + +=Money-Order Service.=--In 1864 the money-order service was established, +by which upon the payment of a small fee, ranging from three to thirty +cents according to the amount of the order, money may be sent through +the mails without danger of loss. At all the larger post offices and at +many of the smaller ones, international money orders may also be +obtained at rates ranging from ten cents to one dollar, payable in +almost any part of the world where the mails are carried. The primary +object of the postal money-order service is to provide for the public a +safe, convenient, and cheap method of making remittances by mail, and it +is the declared policy of the department to extend the service to all +post offices where its introduction is practicable. + +=Postal Savings Banks.=--One of the most important extensions of the +postal service is the establishment of a system of postal savings banks, +authorized by an act of Congress passed in 1910.[46] This service has +long been performed by the governments of many other countries, and its +introduction into the United States had been strongly recommended by +successive postmasters-general for a number of years. The proposition +was also indorsed by both of the great political parties in their +national platforms. In favor of the proposition it was pointed out that +in many communities private savings banks are inaccessible, there being +only one such bank to every 52,000 of the population of the country, as +a whole; that on account of the popular distrust of private savings +banks in many communities, savings were hoarded and hidden and thus kept +out of circulation; that on account of the popular confidence in the +government the establishment of savings banks under its auspices would +cause the money now hidden to be brought out and put into circulation; +that it would encourage thrift and economy as well as stimulate loyalty +and patriotism among depositors; and that it would improve the +conditions of farm life, thus supplementing the work of the rural free +delivery service, the telephone, and the interurban trolley car. + + [46] Already in 1906 a system of postal savings banks had been + established in the Philippine Islands, where it was giving entire + satisfaction. + +The new law for the establishment of postal savings banks, as amended in +1918, provides that any person may deposit with the local postmaster of +any office which has been made a depository (there were over 7000 such +offices in 1918) any amount from one dollar up to $2500 and receive +interest thereon at two per cent per annum, provided the amount has been +on deposit at least six months. Detailed provisions are made for the +investment by the government of the sums deposited in the post offices +throughout the country. There were in 1919 over 565,000 depositors and +the total deposits were $167,323,260,--an average of nearly $300 per +depositor. + +=Parcel Post Service.=--In many countries the post office department +also performs, through the parcel post service, what amounts to an +express business. Thus in a number of the European countries one may +send boxes or parcels weighing as much as fifty or even one hundred +pounds through the mails at very low rates of postage. In the United +States books and packages of merchandise may be sent through the mails, +but the weight of the package except in the case of books was until 1913 +limited to four pounds.[47] The limitation as to weight and the +comparatively high rate of postage--sixteen cents per pound--made +resort to the express companies necessary much more than in Europe. For +some years there was a widespread agitation for the establishment of a +parcel post system in the United States, and in 1912 Congress provided +for the installation of such a system on January 1, 1913. The maximum +weight limit of parcels that might be transported through the mails was +increased to eleven pounds (and later to fifty pounds; seventy pounds +for short distances), and the list of mailable articles was enlarged so +as to include butter, eggs, meats, fruits, and vegetables. In 1914 books +were added to the list. The country is divided into zones according to +the distance from each post office, and the rate of postage varies both +with the weight and with the zone to which it is sent. About one billion +parcels, weighing over two billion pounds, are handled annually. So +popular is the service that in 1914 the postmaster-general recommended +that the government take steps toward acquiring the telegraph and +telephone service of the country. + + [47] The United States has long had "parcels post" treaties with a + number of foreign countries, however, by which parcels weighing as much + as eleven pounds may be sent through the mails to those countries at + the rate of twelve cents per pound. + +=Postal Subsidies.=--In recent years there has been considerable +agitation, principally by the postal authorities and the commercial +organizations of the country, in favor of extending our postal +facilities with certain foreign countries, notably South America and the +Orient, where they are now very inadequate. While most of the European +governments have quick and frequent postal communications with these +countries, ours are slow and infrequent. Most foreign governments have +adopted the policy of subsidizing private steamship lines to carry the +mails to out-of-the-way places. In 1891, Congress passed a law for this +purpose, but the amount appropriated is so small that the post office +department has not been able to extend our mail facilities with foreign +countries as rapidly as needed. + +[Illustration: POST OFFICE, NEWARK, NEW JERSEY] + +[Illustration: POST OFFICE, DES MOINES, IOWA] + +=Shipping Board.=--With a view to building up the American merchant +marine, which in recent years had greatly declined, Congress in 1916 +provided for the appointment by the President of a federal shipping +board composed of five commissioners with power to construct or purchase +merchant vessels suitable as naval auxiliaries and for the carriage of +American commerce. The board is also to supervise common carriers +engaged in transportation by water. As a war measure, the extent of its +building operations was greatly increased in 1917. + +=International Postal Union.=--In this connection it may be noted that +practically all the countries of the world have joined in forming what +is known as the International Postal Union, for the reciprocal exchange +of mails between the post offices of all countries belonging to the +Union. The rates are fixed by a congress which represents the member +states and which meets, in normal times, every five years. A letter may +therefore be sent from one country to any other in the Union at a +uniform rate, which, with some exceptions, is five cents. By special +arrangement the rate on letters between the United States and the +British Isles has been reduced to two cents. Likewise the rate between +the United States and Canada or Mexico or most of the West Indies is by +special arrangement two cents. + +=Classes of Post Offices.=--Post offices are grouped in four classes on +the basis of their gross annual receipts. First-class offices are those +whose gross receipts exceed $40,000 a year.[48] They are usually located +in buildings owned by the government, and in the larger cities there are +branch offices or sub-stations in different parts of the city. +Fourth-class offices are those whose annual receipts are below $1,000. + + [48] The receipts of the New York post office are about $45,000,000 a + year. + +Salaries of postmasters of the offices of the first three classes are +determined mainly on the basis of the receipts of the office. Fourth-class +postmasters receive no fixed salary, but instead are paid a percentage of +the value of the stamps cancelled. In the larger post offices there are in +addition to the postmaster one or more assistant postmasters and a force of +clerks and carriers, the number depending on the amount of business and the +size of the city. All postmasters are appointed after examinations under +the civil service rules. Postmasters of the fourth class are appointed by +the postmaster-general; those of the other three classes are appointed by +the President. + +=Copyrights.=--The Constitution gives Congress the power to promote the +progress of science and useful arts by securing for limited times to +authors and inventors the exclusive right to their respective writings +and discoveries. The purpose of the copyright law is to protect authors +from having their books and other writings republished without their +permission, and hence to prevent the rewards of their talent and +industry from being appropriated by others. In pursuance of this +provision Congress has enacted legislation enumerating the productions +for which copyrights may be granted, the conditions under which they may +be secured, and the terms for which the protection shall last. The law +provides that copyrights may be granted for books, musical compositions, +maps, works of art, photographs, and even for unpublished works. In the +case of published works two copies of the best edition must be deposited +with the register of copyrights at Washington. The ordinary form of +copyright notice is "Copyright, 19--, by A. B." + +The term of the copyright is twenty-eight years, but it may be renewed +for another period of twenty-eight years. During the period of the +copyright the author has the exclusive right to print, publish, and sell +the article copyrighted, and in case of infringement he may have +recourse to the federal courts for damages on account of the loss +sustained. A copyright may be sold or otherwise transferred, but the +fact must be recorded by the register of copyrights. + +_International Copyright._--Formerly the writings of an American author +might be republished in a foreign country without his consent, and thus +he had no protection outside of his own country. Accordingly, to secure +protection to American authors against the republication of their works +in foreign countries without their consent, Congress enacted laws in +1891 and 1909, looking toward the reciprocal protection of American and +foreign authors against infringement of the rights of each in the +country of the other. In pursuance of these acts a copyright will be +granted to a foreign author protecting him against the republication of +his works in the United States, provided the government of which he is a +subject will grant similar protection to American authors. But in the +case of foreign books published in the English language the book must be +printed and bound in the United States in order to secure the benefits +of copyright. International copyright treaties designed to secure +protection of this sort have been entered into between the United States +and a number of foreign countries. + +=Patents.=--A patent is a form of protection granted by the government +to an inventor to secure to him for a limited period the exclusive +enjoyment of the fruits of his skill and industry. Patents were granted +by the state governments until the Constitution conferred this power on +Congress. In 1790 Congress passed a law authorizing the granting of +patents for new and useful inventions, and this law has been amended +and its scope extended several times since. + +_The Patent Office._--In 1836, an office or bureau charged with +receiving applications, conducting examinations, and granting patents +was created in the department of state, but it was transferred to the +department of the interior in 1849. This office has grown to be one of +the largest and most important branches of the government service. It +has a large number of examiners and experts arranged in groups, each of +which examines the applications for patents for inventions of a +particular class. + +_Conditions._--The applicant for a patent must declare upon oath that he +believes himself to be the original inventor of the article for which he +desires a patent, and he must submit with his application a full +description or drawing of the invention, and if demanded, also a model +of the same. The invention must be a useful one, for patents will not be +granted for inventions which have no practical or scientific value. If +the patent is refused by the commissioner of patents, the applicant can +take an appeal to the court of appeals of the District of Columbia. A +fee of fifteen dollars is charged for filing the application, and one of +twenty dollars for issuing the patent.[49] The term for which a patent +may be issued under the present law is seventeen years, which term may +be extended only by act of Congress. When a patent is granted the word +"patented" with the date on which it was issued must be placed on the +article in order that the public may have notice of the fact that it is +patented. During the term of the patent the inventor has the exclusive +right to manufacture, use, or sell the article, and in case of +infringement the law allows him to apply for an injunction to restrain +the infringer, or to sue for damages. Patents, like copyrights, may be +assigned or otherwise transferred, provided a record of the transfer is +made in the patent office.[50] + + [49] Notwithstanding the large number of employees in the patent + office, the office is self-supporting by reason of the fees charged + and the large number of applications, the annual receipts amounting + to more than $2,000,000. + + [50] An inventor who needs more time in which to perfect his invention + and to forestall the action of some one else may secure a caveat which + gives him a year in which to complete his invention. + +Trade-marks are also registered by the patent office provided they are +to be used in interstate commerce. Trade-marks in other cases are +usually protected by state registration. + +_Number of Patents Granted._--The inventive genius of the American +people is shown by the large number of patents which have been issued +since the first patent law was passed in 1790. The number granted during +the year 1919 alone amounted to 37,259. The annual reports of the +commissioner of patents, containing a list of the patents granted, +together with specifications and drawings of the inventions for which +patents have been issued, constitute a remarkable record of the growth +of the country along industrial and scientific lines. + +=The Military Power of Congress.=--The Constitution confers upon +Congress the power to declare war, grant letters of marque and reprisal, +and make rules concerning captures on land and water. In England and +some continental European states the power of declaring war belongs to +the crown, though the means of carrying it on must be provided by the +legislative branch of the government. The framers of the Constitution, +however, with their distrust of executive power, wisely left the whole +matter to Congress. In the exercise of this power Congress has several +times declared war against foreign nations. + +_A Letter of Marque and Reprisal_ is the technical term for a commission +issued to an individual by a belligerent government authorizing him to +prey upon the commerce of the enemy. The vessel commanded by a person +holding such a commission is called a _privateer_. Privateering was long +recognized as a legitimate mode of warfare, but the evils of the +practice, due mainly to lack of control over the person bearing a +commission of this sort, were so great that a congress of European +nations held in Paris in 1856 declared privateering to be abolished. +Although the United States has never formally adhered to this act, there +is no likelihood that our government will ever again resort to +privateering. + +_Captures._--In pursuance of the power to make rules concerning captures +on land and sea, Congress has adopted a code of rules, though that +matter is regulated for the most part by international law. Formerly it +was the practice to allow the commander and crew a share of the proceeds +of prizes captured on the sea in time of war, but in 1898 a law was +passed abolishing prize money and providing that the proceeds from the +sale of prizes should be turned into the treasury of the United States. +In case of rebellion or insurrection the whole matter of the liability +of the property of insurgents is within the control of Congress. Thus +during the Civil War acts were passed for the confiscation of all +property of the Confederates used in the prosecution of the war, as well +as all abandoned property, that is, property belonging to persons who +were away from their homes and in the Confederate service. + +=The Army.=--The Constitution expressly authorizes Congress to raise and +support armies, subject to the limitation that no appropriation for the +support of the army shall be for a longer period than two years. This +period corresponds to the term of Congress, and hence the limitation +serves to keep the army under the control of the people. There was more +or less jealousy of standing armies at the time of the adoption of the +Constitution, and for a long time the regular army of the United States +was very small; in 1898, for example, it was only 27,000 men. + +_Present Strength of the Army._--By an act passed in 1916 provision was +made for increasing the peace strength of the regular army to 480,000 +men; for establishing officers' reserve training corps at colleges and +universities; for maintaining camps for giving military training to +citizens who apply for it; and for creating a regular army reserve, the +members of which are to receive at least fifteen days' training each +year. Provision was also made for reorganizing the militia and for +increasing its strength ultimately to about 425,000 men. The expense of +the training camps and of equipping, training, and paying a small salary +to the officers and men of the organized militia and of the regular army +reserve is to be borne by the national government. After the beginning +of the war with Germany (1917), provision was made for raising a large +army by conscription of able-bodied young men between the ages of 21 and +31 years--later on between 18 and 45.[51] By the act of June 4, 1920, the +strength of the regular army was reduced to 150,000 men on October 1, +1921. + + [51] In 1918 when the World War closed some 2,000,000 Americans were + under arms in France and about 2,000,000 were in the training camps and + schools in the United States. + +_The General Staff._--In 1903 the office of "commanding general" was +abolished and in its place a general staff was created, to prepare plans +for the conduct of military operations. By the acts of 1916 and 1920 the +general staff was reorganized. At its head is a chief of staff with the +rank of major general, who in time of peace is the actual head of the +army. Among his assistants are: a chief of cavalry, a chief of field +artillery, a chief of coast artillery, a chief of infantry, and a chief +of chaplains. + +_Military and Naval Expenditures._--The expenditures on account of the +military and naval establishments have increased enormously in recent +years. Before the war with Spain the appropriations for the maintenance +of the army did not exceed $50,000,000 per annum. The budget of +expenditures for the year 1922 as submitted to Congress by the President +aggregated nearly $4,000,000,000. It contained the following items: war +department, $390,000,000; navy, $478,000,000; pensions, $258,000,000; +veterans bureau, $438,000,000; interest on the national debt, +$976,000,000; total, $2,539,000,000, or more than 60 per cent of the +total, leaving less than 40 per cent for civil purposes. In the hope of +bringing about an agreement among the nations for a reduction of their +military and naval expenditures, a conference of the Powers, called by +President Harding, assembled at Washington in November, 1921. Here an +agreement was reached to reduce naval expenditures. + +_Volunteers._--Except during the Civil War and the war with Germany, +resort has never been made to conscription for recruiting the army--a +practice almost universal in Europe. In most of our wars the chief +reliance has been on volunteers and the militia. Thus at the outbreak of +the Civil War the President was authorized to accept the services of +500,000 volunteers, and at the outbreak of the war with Spain in 1898, +the President called for 200,000 volunteers. It takes much training to +convert an inexperienced volunteer into an efficient soldier; but many +of our great battles have been fought chiefly by the volunteer forces. + +=The Militia.=--The Constitution also authorizes Congress to provide for +calling forth the militia to execute the laws of the Union, suppress +insurrections, and repel invasions; and to provide for organizing, +arming, and disciplining the militia, and for governing such part of +them as may be employed in the service of the United States. The militia +as defined by act of Congress consists of all able-bodied male citizens +of the United States between the ages of eighteen and forty-five. That +portion of the militia regularly organized, uniformed, and occasionally +drilled and taught military tactics constitutes the national guard.[52] + + [52] The actual strength of the national guard in 1921 was about + 113,600 men. But the plans for its development contemplate an ultimate + strength of 425,000 men. + +Each state organizes and controls its own militia, and the national +government has no control over it until it has been called into the +service of the United States, when it becomes subject to the rules and +discipline prescribed for the government of the regular army. In 1795, +Congress passed an act prescribing the conditions under which the +militia might be called into the service of the United States. This act +conferred on the President of the United States the power to call out +the militia whenever, in his judgment, it was necessary or expedient. +Such calls are addressed to the governors of the states, who are the +commanders of their several portions of the militia. When, however, the +militia has been mustered into the service of the United States the +President becomes their commander in chief. In pursuance of this +authority the President has called out the militia on two different +occasions; during the War of 1812 to repel invasion; and during the +Civil War to suppress insurrection. In 1898 when the war with Spain was +declared, the call was issued not for the militia but for +volunteers.[53] Nevertheless many of the volunteers who responded were as +a matter of fact members of the organized militia of their respective +states. In pursuance of authority conferred by Congress in 1916, the +President drafted the organized militia into the federal service in that +year for service on the Mexican border, and again in 1917 on account of +the war with Germany. + + [53] This was due to the fact that there was doubt as to whether the + militia could be called out and sent abroad for the purpose of + prosecuting a war against a foreign country, in view of the + specification in the Constitution of the objects for which the militia + may be called into the service of the United States. Under the Act of + 1916, the organized militia may be drafted into the service of the + United States for use anywhere if Congress declares that an emergency + exists. They were so drafted in 1917 and sent to Europe, not as + militia, but as a part of the regular army. + +_The Naval Militia._--In a number of the seaboard states and some of +those bordering on the Great Lakes, there are organized bodies of naval +militia, with training ships loaned by the United States for the purpose +of drill and instruction. Like the land militia, the naval militia of +each state is under the control of the state and until called into the +federal service is under the command of the governor.[54] + + [54] According to the report of the secretary of the navy for 1916, the + naval militia of the states numbered 9,170 men and 636 officers. + +=The Navy.=--Congress is also authorized by the Constitution to provide +and maintain a navy. In pursuance of this authority, Congress created a +small naval establishment in 1794, but it amounted to little until the +War of 1812, when it was strengthened by the improvisation of a number +of war vessels which won brilliant victories over the ships of Great +Britain. Thereafter the navy was neglected until the necessities of the +Civil War required its rehabilitation. At the close of the war the +vessels in the service numbered 683, but they were sold or otherwise +disposed of, and what was once the most powerful navy in existence was +allowed to go to pieces. In 1881 a board of naval officers prepared a +somewhat elaborate naval program and recommended the construction during +the next eight years of some 120 naval vessels. The work was begun in +1883--a date which may properly be fixed as the beginning of our present +navy. The first important appropriation, that of 1883, was less than +$15,000,000. Each year the amount was increased until in 1917 it had +reached $535,000,000. + +_Present Strength of the Navy._--The number of officers and enlisted men +in the navy in August, 1919, was 241,357, besides about 19,000 men in +the marine corps. The total number of vessels of all kinds for fighting, +built or in process of construction, was about 1070. These included 50 +battleships, 18 armored cruisers of various types, 7 monitors, some 30 +unarmored cruisers of different types, about 360 destroyers and torpedo +boats, about 160 submarines, 336 submarine chasers, and about 100 +gunboats and patrol vessels. + +According to the report of the Secretary of the Navy in 1919, the naval +standing of the great powers was as follows: + + NUMBER OF SHIPS TOTAL TONNAGE + + Great Britain 812 2,691,211 + United States 339 1,070,576 + France 222 552,755 + Japan 129 540,426 + Italy 237 287,923 + Russia 101 254,148 + Germany 36 116,886 + +For administrative purposes the ships of the navy are grouped into +fleets, and these are again subdivided into squadrons. Thus the North +Atlantic fleet is divided into a coast squadron and a Caribbean +squadron. Within each squadron there are usually a number of divisions. +There are navy yards where ships are either built or repaired at a +number of places on the Atlantic and Pacific coasts,[55] and there are +several training schools for recruits, and a naval academy at Annapolis +(founded in 1845), where young men are educated for service in the +navy.[56] There is also a naval war college at Newport, Rhode Island, for +advanced study of naval problems and questions of international law. + + [55] Most of the ships of the navy have been constructed by contract + with private ship-building companies, but several experiments have been + made of government construction in the navy yards. Thus the battleship + Louisiana and several others were constructed by the government in its + own shipyards. + + [56] For further information concerning the naval academy, see p. 338. + +_Ranks._--Until 1862, the highest official rank in the navy was that of +captain, although the title commodore was popularly applied to officers +in command of a squadron. The following table is a list of the officers +of the navy, beginning with the highest, together with the corresponding +ranks in the army: + + _Navy_ _Army_ + Admiral. General. + Vice Admiral. Lieutenant General. + Rear Admiral. Major General. + Commodore.[57] Brigadier General. + Captain. Colonel. + Commander. Lieutenant Colonel. + Lieutenant Commander. Major. + Lieutenant. Captain. + Lieutenant, junior grade. First Lieutenant. + Ensign. Second Lieutenant. + + [57] The rank of commodore no longer exists except for its survival on + the retired list. There are some twenty-five or thirty rear admirals. + The act of 1899, under which Dewey was appointed admiral, provided that + the office should cease to exist with his death, but in 1915 the rank + of admiral and vice admiral was reestablished and the former rank is + now held by the commanders of the Atlantic, Pacific, and Asiatic + fleets. + +_Marine Corps._--Officers in the Marine Corps have the same ranks as in +the army. While serving generally under the direction of the secretary +of the navy, the corps may serve with the army by order of the +President. + +=Bankruptcy Legislation.=--The Constitution confers upon Congress the +power to pass uniform laws on the subject of bankruptcies throughout the +United States. Bankruptcy is the condition of a person whose liabilities +exceed his assets, and a bankruptcy law is one which provides for the +distribution of the assets of such a person among his creditors and for +his discharge from further legal obligation to pay his debts, thus +enabling him to make a new beginning in business. The discharge is only +from the _legal_ obligation; the _moral_ obligation remains, and should +be fulfilled in case of ability to do so in the future. + +_State Insolvency Laws._--Before the adoption of the Constitution the +states passed insolvency laws discharging debtors from their legal +obligations, and it has been held by the Supreme Court that they may +still pass such laws, subject to the condition that they can affect only +citizens of the state in which the law is passed, and apply only to such +contracts as may be entered into subsequent to the enactment of the law. +If there is a federal bankruptcy law in force it supersedes all +conflicting provisions in the state laws on the subject. + +_Federal Acts._--Since the Constitution went into effect Congress has +enacted four different bankruptcy laws, namely, in 1802, 1840, 1867, and +1898, the first three of which were in operation only fifteen years +altogether. The present law--that of 1898--provides for both +"voluntary" and "involuntary" bankruptcy. Any debtor, except a +corporation, may voluntarily have himself adjudged a bankrupt by filing +a petition in a United States district court, showing that his +liabilities are in excess of his assets. Any debtor except a +corporation, a wage earner, or a farmer, may, against his will, upon +petition of his creditors, be declared a bankrupt under certain +conditions. + +Bankruptcy petitions are referred to "referees" for examination and +report. After hearing the testimony on the petition the referee reports +his findings to the court, which makes its decision largely on the basis +of such findings. + +=Implied Powers.=--After expressly enumerating in succession the various +powers of Congress, the more important of which have been described +above, the Constitution concludes with a sort of general grant, +empowering Congress to make all laws which shall be necessary and proper +for carrying into execution those enumerated above. This is sometimes +called "the elastic clause," since it is capable of being stretched by +interpretation to cover many matters that Congress might not otherwise +feel authorized to deal with. It is doubtful, however, whether it really +adds anything to the power of Congress, since that body would +unquestionably have authority to do whatever is necessary and proper to +carry into effect the powers expressly conferred upon it. It is a maxim +of constitutional construction that wherever power to do a particular +thing is conferred, the means for doing it are implied. Manifestly it +would have been impossible to set forth in detail all the incidental +powers necessary to be exercised in carrying into effect the mandates of +the Constitution relating to taxes, coinage, post offices, making war, +etc. + +_Liberal vs. Strict Construction._--The question of the interpretation +of the scope and meaning of this grant of powers arose very early in the +history of the national government, in connection with the proposition +of Hamilton to establish a United States bank. Hamilton contended that +the authority to establish such an institution was clearly implied in +the power to borrow money and pay the debts of the United States. A +federal bank, he urged, was a proper if not a necessary means for +carrying into effect these important powers of Congress, just as the +establishment of a mint was necessary to carry out the power relating to +the coinage of money. Jefferson and his school of political thinkers, +however, held to a strict interpretation of the Constitution and +maintained that Congress had no right to exercise any power which was +not expressly conferred. The view of the "loose" or "liberal" +constructionists, however, prevailed, and from the beginning Congress +has relied upon the doctrine of implied powers for its authority to +legislate on many important questions. + +_Examples of Implied Powers._--It was upon this authority that foreign +territory has been purchased and governed; that a protective tariff has +been levied; that a national bank was established; that legal tender +paper money has been issued; that the construction of the Panama Canal +has been undertaken; that ship subsidies have been granted; that postal +savings banks have been established; that education has been fostered; +and many other activities undertaken. The policy of liberal +interpretation was first adopted by Chief Justice Marshall of the +Supreme Court and his associates, and with rare exceptions has been +followed by the court throughout its entire history. The effect has been +to strengthen the national government and render it capable of +fulfilling the great purposes for which it was created. The whole +course of our political and constitutional history is different from +what it would have been had the view of the strict constructionists +prevailed. + + + =References.=--ANDREWS, Manual of the Constitution, pp. 120-148. + BEARD, American Government and Politics, ch. xix. COOLEY, + Principles of Constitutional Law, pp. 94-111. FAIRLIE, National + Administration, chs. ix, x, xii. HART, Actual Government, ch. xxiv. + + =Documentary and Illustrative Material.=--Copies of the annual + reports of the Postmaster-General, the Librarian of Congress, the + Commissioner of Patents, the Secretary of War, and the Secretary of + the Navy, all of which may be obtained gratis from the officials + mentioned. + + +RESEARCH QUESTIONS + +1. Why should the postal service be conducted by the government? Should +the transportation of the mail be a government monopoly? + +2. Should the rates of postage on second-class matter, in your opinion, +be increased? Why? + +3. What are the advantages of a postal savings bank system? + +4. Ought the government to establish a parcels post system? To what +extent do we already have a parcels post service? + +5. Do you think our postal facilities with South America and the Orient +should be improved by means of ship subsidies? + +6. What would be the advantage of making the tenure of postmasters +permanent? + +7. Why should the granting of copyrights and patents be placed under the +jurisdiction of the national government rather than under that of the +state governments? + +8. Why should the term of a copyright or patent be limited? + +9. Socialists argue that since the granting of a patent to an inventor +secures to him a monopoly of the manufacture and sale of his invention, +the government ought not to grant patents for such purposes. What is +your opinion of this argument? Would it be better for the government to +compensate the inventor and remove the restrictions upon the manufacture +and sale of his invention? + +10. Why are the appropriations for the maintenance of the army limited +to two years? + +11. Should the expenditures on account of the army and navy, in your +opinion, be reduced? + +12. What do you understand by the movement among the nations for +disarmament? Do you think disarmament desirable or practicable? + +13. Tell something of the objects and results of The Hague Peace +Conferences. Give examples of some disputes between the United States +and other countries that have been settled by arbitration. + +14. What is the purpose of a bankruptcy law, and why should the power to +enact bankruptcy legislation be conferred upon Congress rather than left +to the states? + +15. What is the distinction between "implied" and "inherent" powers +under the Constitution? Give some examples of each. + +16. Which in your judgment is the safer policy, that of strict +construction of the Constitution or liberal construction? + +[Illustration: STATE, WAR, AND NAVY BUILDING, WASHINGTON, D.C.] + +[Illustration: MIDSHIPMEN OF THE NAVAL ACADEMY, ANNAPOLIS, MARYLAND, ON +THEIR WAY TO A DRILL SHIP] + + + + +CHAPTER XV + +THE PRESIDENCY: ORGANIZATION AND MODE OF ELECTION + + +=The Presidential Office.=--One of the weaknesses in the organization of +the government under the Articles of Confederation was, as we have seen, +the lack of an executive to carry into effect the resolutions of +Congress and the treaties of the United States. There was no doubt, +therefore, in the minds of the framers of the Constitution in regard to +the desirability of providing for an executive department coordinate +with the legislative department. It was accordingly declared that the +executive power should be vested in an officer called the President of +the United States. + +_Proposed Executive Council._--While the convention was practically +unanimous in the view that the supreme executive power should be vested +in a single person, a good many members looked with favor on a +proposition to associate with the President an executive council which +should share with him the exercise of the executive power in certain +important fields. Most of the state constitutions then in force had +provided such councils, and now that a national executive with far +larger powers was being created there was all the more reason why it +should be placed to some extent under the guardianship of a council. But +the proposition was rejected, and in its place the Senate was charged +with acting as an executive council to the President in negotiating +treaties and the making of appointments, but in no other respects. + +=Qualifications of the President.=--The Constitution requires that the +President shall be a natural born citizen of the United States,[58] that +he must have attained the age of thirty-five years, and must have been +fourteen years a resident of the United States. The same qualifications +are required of the Vice President. + + [58] Or a citizen of the United States at the time of the adoption of + the Constitution. This exception was made out of respect to the + distinguished men of foreign birth, such as Alexander Hamilton and + James Wilson, who were members of the convention that framed the + Constitution. As more than a hundred years have elapsed since the + adoption of the Constitution, the exception, of course, no longer has + any meaning. + +=The Presidential Term.=--There was considerable discussion in the +convention regarding the term of the President. It was first decided +that the term should be seven years and the President made ineligible to +a second term, but upon further consideration the convention decided to +fix the term at four years and nothing was said in regard to +reeligibility. The result is, the President may serve as many terms as +the people may see fit to elect him. The following Presidents have been +elected to two terms: Washington, Jefferson, Madison, Monroe, Jackson, +Lincoln, Grant, Cleveland, McKinley, and Wilson.[59] Cleveland, after +serving one term, was renominated by his party but was defeated by the +Republican candidate. He was then nominated for the third time by his +party and was elected. Washington declined a third term and his example +has been followed by his successors. The precedent thus established, +that the President shall serve only two terms, has become part of our +unwritten constitution, and but two attempts have ever been made to +break the custom.[60] + + [59] Mr. Roosevelt became President by the death of President McKinley + about half a year after the beginning of the latter's second term. He + served out the unexpired term of Mr. McKinley and was elected to the + following full term of four years. + + [60] The first was made by ex-President Grant, who in 1880 was a + candidate for the Republican nomination for a third term, but failed to + secure it. The second was made by ex-President Roosevelt in 1912. + +=Mode of Election.=--No question consumed so much of the time of the +convention as that relating to the method of choosing the President. +Various schemes were proposed. A few members favored election by the +people; others urged election by Congress. Against the method of popular +choice it was argued that the people were not competent to choose a +chief magistrate for the entire country, and besides, under such a +system, they would be influenced by demagogues and scheming politicians. +Again, the tumults and disorders, the "heats and ferments" of a popular +election would convulse the community to the breaking point. Against the +method of election by Congress, it was urged that the President would be +a mere creature or tool of that assembly and would be under the +temptation of making promises or entering into bargains with influential +members in order to secure an election. Moreover, such a method was +contrary to the great principle upon which all the members were agreed, +namely, that the three departments of the national government should be +kept separate and independent of one another. + +The clause as finally adopted provides that the President shall be +chosen, not directly by the voters, but by electors to be appointed in +each state in such manner as the legislature thereof may direct, each +state to have as many electors as it has senators and representatives in +Congress. + +_Breakdown of the Electoral Plan._--It was at first expected that the +electors of the different states, composed of leading citizens +presumably well acquainted with the qualifications of the candidates for +the chief magistracy, would meet at the state capitals, discuss among +themselves the strength and weaknesses of the several candidates, and +then exercising their full judgment, cast their votes for the fittest. +But the scheme quickly broke down in practice, and instead of a real +choice by small bodies of men, we have a system which amounts to direct +election by the masses of the voters, though the form of indirect +election is still followed. As soon as political parties were thoroughly +organized, the electors, who were intended to be men "capable of +analyzing the qualities adapted to the Presidential office," were +reduced to the position of party puppets who no longer exercised their +own judgment in choosing the President but merely registered, like +automata, the will of their party. As Ex-President Harrison once +remarked, an elector who should fail to vote for the nominee of his +party would be the object of execration and in times of very high +excitement might be the subject of a lynching.[61] So closely do the +electors obey the will of their party that we always know at the close +of election day, on Tuesday after the first Monday in November, when the +electors themselves are chosen, who will be the next President, though +in fact the electors do not meet in their respective states until the +following January, formally to register the choice of the people. + + [61] "This Country of Ours," p. 77. + +=Choosing Presidential Electors.=--In the beginning the presidential +electors of each state were chosen by the legislature, either by joint +ballot of the two houses sitting together, or by concurrent vote. In the +course of time, however, popular election of electors was introduced, +South Carolina (1868) being the last state to choose its electors by the +legislature. + +_Choice by General Ticket._--When the system of popular choice of +electors was adopted, two different methods were followed: choice by +districts, and choice on general ticket from the state at large; but by +1832 all the states except Maryland had adopted the general ticket +method, and now there is no state which follows the district method. + +Representatives in Congress, as we have seen, are elected by districts, +and hence the delegation in Congress from a particular state is often +divided between Democrats and Republicans. But not so with Presidential +electors; usually the party in the majority in the state, however small +the majority, chooses all the electors. Thus when the Democratic party +carried New York by a majority of hardly more than 1,000 votes in 1884, +the entire electoral vote was counted for Cleveland.[62] + + [62] It sometimes happens that the electoral vote of a state is + divided, though the instances are rare. This may be due to the + personal unpopularity of one of the electoral candidates of the + majority party, or it may be due to the mistake of many voters in + casting their ballots for the candidate for elector at the head of + the ticket only, believing that they are thereby voting for the whole + ticket. As a result of the former cause, Harrison received one vote in + California in 1892, while Cleveland had the other eight. As a result + chiefly of the latter blunder, Taft received only two electoral votes + in Maryland in 1908, and Bryan received the other six. In 1916 the vote + of West Virginia was divided, Wilson receiving one vote and Hughes the + other seven. + +Among the results of the rule which gives the entire electoral vote of +the state to one of the candidates, notwithstanding the size of the vote +polled by the other candidate, is that each party concentrates its +efforts in the large "pivotal" states whose votes are decisive, and +thereby bribery and fraud in such states are powerfully stimulated. + +Candidates for the office of elector are nominated usually by the state +conventions of each party. No senator or representative or any person +holding an office of honor, trust, or profit under the United States is +eligible to the office of elector. Congress, under the Constitution, has +power to fix the day on which the electors shall be chosen, and it has +fixed the day as Tuesday after the first Monday in November. + +_Electoral and Popular Vote._--Generally the candidate for President +whose electors receive the largest popular vote will also receive the +largest electoral vote; but this has not always happened, and usually +there is only a rough correspondence between the popular vote and the +electoral vote. Thus in 1860 Lincoln received only about forty per cent +of the popular vote, though he received a substantial majority (about +fifty-nine per cent) of the electoral vote. Again, in 1864 he received +only about fifty-five per cent of the popular vote, but ninety-one per +cent of the electoral vote. In 1912 Wilson received forty-two per cent +of the popular vote, and eighty-two per cent of the electoral vote. Such +discrepancies are due to the fact that the entire electoral vote of a +state is usually cast for the candidate who receives a plurality of the +popular vote of the state, however small it may be. A party, therefore, +may carry enough states by small margins to secure a majority of the +electors and yet be in a minority so far as the popular vote of the +entire country is concerned. + +=Choice of the President by the Electors.=--The electors, on the second +Monday of January following their election, assemble in their respective +state capitals for the purpose of choosing the President.[63] The +Constitution as it now stands requires the electors to vote by ballot +for President and by a distinct ballot vote for Vice President, and make +separate lists of all persons voted for as President and of all persons +voted for as Vice President. + + [63] The day on which the electors assemble must be the same throughout + the Union. The purpose of this requirement is to prevent deals or + bargains among the electoral "colleges" of the different states. + Moreover, meeting on the same day, the action of one state cannot be + used to influence that of another. In 1857 the electors of Wisconsin + were prevented by a snowstorm from assembling at the state capital on + the day fixed by law. On the day following they met and cast the vote + of the state for Fremont. But when the question of counting Wisconsin's + vote came up in Congress, objection was made that it had not been cast + on the day prescribed by law. As the vote of the state was not + decisive, the matter did not become serious. + +_The Original Method._--The Constitution as originally adopted did not +require the electors in casting their ballots to indicate the person for +whom they were voting as President and whom for Vice President, or to +prepare distinct lists. The one who received the highest vote (if a +majority) was to be President, and the one receiving the next highest +number (whether a majority or not) was to be Vice President. The result +of this method of choosing the President was that as soon as political +parties were formed and the electors came to vote strictly on the basis +of party there would be a tie between the two persons highest on the +list, and as there was nothing to show on the record which was intended +for President and which for Vice President there would be no election. +This happened in 1801, when Jefferson and Burr each received +seventy-three electoral votes, and the choice between them had to be +made by the house of representatives as the Constitution provides. + +_Twelfth Amendment._--To remove the difficulty, the Twelfth Amendment +was adopted in 1804, requiring the electors in preparing their ballots +to indicate their choice for President and their choice for Vice +President so that the person intended for the latter office could not be +confused with the person intended for President. The amendment also +requires a majority of the electoral vote to elect the Vice President as +well as the President. + +_Restrictions on the Electors._--In casting their votes the electors are +prohibited from voting for candidates for both offices from the same +state as themselves. The purpose of this provision is to prevent the +electors from one state--if any state should ever become powerful +enough--from choosing both the President and the Vice President from +that state. This does not mean, however, that both the President and the +Vice President could not be elected from the same state, since the +electors of the other states are not prohibited from voting for two +candidates from the same state. + +_Formalities and Precautions._--The Constitution requires the electors +of each state to sign, certify, seal, and transmit to the president of +the United States senate, a list of the votes cast for President and +Vice President. The statutes also require two additional lists to be +prepared, one to be sent to the president of the senate by special +messenger, and the other to be deposited with the nearest United States +district judge. These extra precautions are taken to prevent the loss of +the state's votes through accident or otherwise. This done, the office +of the Presidential elector expires and the electoral colleges cannot be +again summoned to correct errors or to make a new choice in case the +President elect should die before inauguration. + +=Counting the Electoral Vote.=--The Constitution directs that the votes +transmitted to the president of the senate shall be opened in the +presence of both houses of Congress and that the votes shall then be +counted. The Constitution does not say who shall count the votes. +Apparently the framers believed that the process of counting would never +involve anything more than a simple act of addition. But in the course +of time disputed returns began to be sent in, and then the process of +counting came to involve the more difficult task of determining what +should be counted. Thereupon the question was raised, who shall count? +Was the president of the senate to count and the two houses act merely +as spectators, or was the president of the senate to open the votes and +the two houses do the counting? For a long time, when the disputes were +not serious enough to affect the result, the president of the senate was +allowed to count the vote and proclaim the result.[64] In 1865 by a joint +rule Congress assumed the right to count the electoral vote, thus taking +the power away from the president of the senate. + + [64] Thus Jefferson as president of the senate in 1801, counted the + vote which elected him President of the United States and declared + himself duly elected. So did Adams in 1797. Suppose there had been a + serious dispute in either of these cases, could the president of the + senate have counted for himself the votes in dispute? + +_The Disputed Election of 1876._--In 1876 a serious election dispute +arose, involving the presidency. Both Hayes and Tilden claimed to have +been elected, and the result depended upon which of two conflicting +lists of votes from Florida, Oregon, South Carolina, and Louisiana +should be counted. Under the joint rule mentioned above, either house +could reject a questionable vote. One of the houses was Democratic and +the other Republican, and because of the great excitement over the +matter, it was feared that the votes of many states might be rejected +for trivial reasons. After much discussion, in the course of which many +ugly threats were made, Congress agreed to the creation of an electoral +commission, to decide the disputed votes. The commission was to consist +of five senators, five representatives, and five justices of the Supreme +Court. As finally constituted it was composed of eight Republicans and +seven Democrats, and by a strict party vote the commission decided in +favor of Hayes in every case, thus insuring his election. The minority +accepted the result, but not without protest and criticism. + +_The Act of 1887._--After this decision, Congress took up the task of +devising permanent rules for counting the electoral vote, and finally in +1887 it passed an elaborate act which now regulates the electoral count. +In brief, it places the responsibility so far as possible on the state +authorities, and provides that the determination of each state as to how +its electoral vote was cast shall, under certain conditions, be final. +If, however, a state neglects to settle its own election contests, and +double returns are transmitted to the president of the senate, the two +houses of Congress sitting separately must determine how the votes shall +be counted. But if the two houses fail to agree, as they did in counting +the vote of 1876, then the vote of the state is lost. The day fixed by +Congress for opening and counting the vote is the second Wednesday in +February. + +=Election by the House.=--In case no candidate receives a majority of +the electoral votes, the choice devolves upon the house of +representatives. But in that case the house votes by states, each state +having one vote, irrespective of its number of representatives, and the +choice is made from the three candidates standing highest on the +list.[65] A quorum for the election of a President by the house consists +of a member or members from two thirds of the states, and the vote of a +majority of all the states is necessary to a choice. + + [65] It was from the five highest before the adoption of the Twelfth + Amendment in 1804. + +_Objections to Election by the House._--The objections to this method of +choice are obvious. It is undemocratic, because the house on which the +choice would devolve in any case would be, not the new house chosen at +the recent election, but the old house, which might indeed, as has often +happened, be in the hands of the political party defeated at the late +election. In the second place, under such a scheme, New York with a +population over 100 times as great as that of Nevada would have no +larger share in choosing the executive. In 1873, for example, had the +choice devolved upon the house, it would have been possible for 45 +members (being a majority of the representatives of nineteen states) to +determine the choice in spite of the wishes of the other 247 members. +Finally, the state delegations in the house might be equally divided +politically, and hence fail to elect.[66] + + [66] This would have happened in 1912; 22 state delegations were + Republican, 22 were Democratic, and 4 were equally divided. + +_Instances of Choice by the House._--Twice has the electoral college +failed to make a choice, thus giving the election to the house of +representatives. + +In 1801, there was a tie between Jefferson and Burr, each having the +vote of a majority of the electors. There were then sixteen states, of +which eight voted for Jefferson, six for Burr, and two were evenly +divided. On the thirty-sixth ballot the two divided states voted for +Jefferson and he was elected, as the electors had originally intended. + +The second instance occurred in 1825, when the electoral vote stood as +follows: for Jackson 99; for Adams 84; for Crawford 41; and for Clay 37, +no one having a majority. Under the Twelfth Amendment Clay was dropped +from the list and the choice was confined to the three highest +candidates. There were then twenty-four states, and of these the +representatives of thirteen voted for Adams, seven for Jackson, and four +for Crawford. + +=Election of the Vice President by the Senate.=--The Constitution also +provides that if no candidate for Vice President receives a majority of +the electoral vote the choice shall devolve upon the senate, in which +case the election shall be made from the two highest on the list. Two +thirds of the senate constitute a quorum for this purpose, and a +majority of the whole number is necessary to a choice. Only once has the +choice devolved upon the senate, namely, in 1836, when Richard M. +Johnson, candidate for Vice President on the ticket with Mr. Van Buren, +failed to receive a majority of the electoral vote. He was promptly +elected by the senate. + +=Methods of Nomination.=--Neither the Constitution nor the laws of the +United States make any provision in regard to the nomination of the +candidates for President and Vice President. That is left entirely to +the regulation of the political parties themselves. In the early history +of the republic, before political parties had risen, no nominating +machinery was devised, for none was needed. + +_Early Methods._--With the rise of political parties, however, the +method of nomination by congressional caucus was introduced; that is, +the members of Congress belonging to each political party assumed the +power of selecting its candidate in secret conclave. In this way +Jefferson was nominated by the Republican members of Congress in 1800 +and 1804, Madison in 1808 and 1812, and Monroe in 1816 and 1820. In the +same way the Federalist members put forward their candidates. In some +cases, however, presidential candidates were nominated by state +legislatures. In the course of time, strong opposition grew up against +the method of nomination by members of Congress, and after 1824 the +caucus system was never again resorted to. The new nominating machinery +which took its place was the national convention, which came into use +between 1831 and 1840. + +=The National Convention.=--A national convention to nominate candidates +for President and Vice President is composed of delegates from each +state and territory in the Union, the number to which each is entitled +being usually twice its number of senators and representatives in +Congress.[67] Altogether the national convention consists of about 1,000 +delegates. For each delegate there is an alternate who attends the +convention and in case of the absence of the delegate, takes his place. + + [67] Apportionment of delegates among the states on the basis of their + representation in Congress bears no relation to the party strength. For + some years there has been a growing sentiment in the ranks of the + Republican party in favor of reducing the representation in the + national convention of the Southern states where the Republican party + is practically nonexistent. In December, 1913, the Republican national + committee adopted a resolution prescribing that representation in the + national convention of 1916 should to a certain extent be based on the + number of the voters of the party in each congressional district. The + effect was to reduce the number of southern delegates by eighty-seven, + and the number of northern delegates by seven. The basis of + representation in the Democratic convention, however, remains + unchanged. + +Formerly the four delegates-at-large of each party were chosen by the +state convention, and the other delegates by congressional district +conventions. When direct primary laws were introduced, some states +provided that the latter delegates should be selected by the voters of +each party at the primary, leaving the delegates-at-large to be chosen +as formerly by the state convention. In 1912 a number of states passed +what are known as "presidential preference primary" laws under which +delegates to the national conventions of that year were chosen. Some of +these laws permit the voters to choose their delegates to the national +convention but without allowing them to indicate their preference for +any presidential candidate; others allow a direct expression of the +popular preference for presidential candidates but make no provision for +binding the delegates to nominate the candidate preferred by the +majority of the voters; some, however, provide both for an expression of +the popular preference and for binding the delegates to the national +convention. More than one third of the states now have laws of one or +another of these three types. + +_The Time and Place_ for holding the national convention are fixed by +the national committee. The date usually falls in the latter part of +June or early in July of the year the President is to be elected, and +the place is usually some large city centrally located. + +=Procedure of a National Convention.=--The convention is usually held in +some spacious building especially erected for the purpose. Besides the +delegations of the states, there are the alternates, hundreds of +politicians who are not delegates, newspaper reporters, and thousands of +spectators from all parts of the country, for all of whom accommodations +are needed. + +_Organization of the Convention._--The convention is called to order by +the chairman of the national committee, and the secretary of the +committee reads the call for the convention. Next come the choice of a +temporary chairman, and the appointment and report of committees on +credentials, on permanent organization, on rules, and on resolutions +much as in the state conventions described on pp. 153-155. + +_The Platform_ is a series of resolutions commending the national +administration, or denouncing it, as the case may be, and setting forth +the position of the party on the political issues of the day. +Declarations are often made in the platform to attract or conciliate +large masses of voters, sometimes when there is no real intention of +carrying them out. The platform is usually adopted by the convention as +reported by the committee on resolutions, but sometimes important +changes are made on the floor after a spirited contest. + +_The Nominations._--After the adoption of the platform, the nomination +of candidates for President is in order. The clerk calls the roll of the +states in alphabetical order so that each is given an opportunity to +present the name of its choice. The vote is then taken by a roll call of +the states, the chairman of each state delegation usually announcing the +vote of the state. Under the rules of the Republican party the delegates +vote as individuals, so that the vote of a state is often divided +between two or more candidates, unless the conventions which appointed +the delegates have instructed them to cast the vote of the state for a +particular candidate. According to the "unit rule" of the Democratic +party, the state delegations vote as units and not as individuals, so +that there is no division of a state's vote; the majority of each +delegation determines how the votes of the state shall be cast.[68] The +rules of the Democratic and Republican parties also differ in the +majority necessary to nominate a candidate. + + [68] The convention of 1912 excepted certain states from this rule. + +_The Vote Necessary to Nominate._--According to the rules of the +Republican party, a majority of the delegates is sufficient to +nominate, but under the rules of the Democratic party the concurrence of +two thirds of the delegates is required. Thus if there are 1,000 +delegates in the convention, 501 may nominate under the Republican rule, +while 667 would be required under the rules of the Democratic party. The +large majority necessary to nominate in the Democratic convention has +often resulted in the defeat of the leading candidate and the nomination +of a "dark horse," that is, a candidate whose name has not been +previously presented to the convention or which has not been prominently +kept before it. Presidents Polk and Pierce were nominated in this way. + +_Nomination of Vice President._--Usually there is little contest over +the nomination of the Vice President, the nomination usually being given +to some one supported by a defeated faction or group of the party, or to +a particular section of the country. Thus if the presidential nomination +goes to an Eastern man, the vice presidential nomination is likely to be +given to a Western man. In view of the comparatively large number of +Presidents who have died in office it is to be regretted that so little +consideration is given to the nomination of candidates for Vice +President. + +_Notification of the Candidates._--The candidates are formally notified +some weeks later by a committee specially appointed for the purpose. The +nominee in a formal speech accepts the nomination and pledges himself to +support the platform. Usually this is followed by a letter of acceptance +in which the views of the nominee are elaborated more at length. This +completes the formalities of nomination, and the next step is to +inaugurate the campaign for the election of the nominees. + +=Conduct of a Presidential Campaign.=--_The National Committee._--The +main task of managing the campaign falls on the chairman of the +national committee. This committee is made up of one member from each +state and territory, and is chosen by the national convention which +nominates the candidates.[69] The chairman is usually an experienced +political leader with a wide acquaintanceship, and is a trusted friend +of the presidential candidate, by whom, in fact, he is usually selected. + + [69] In reality each state delegation names one of its own number as + the national committeeman from the state, and the committee thus + constituted is appointed by the convention. + +Soon after the adjournment of the convention, the national committee +meets and organizes. In addition to the national chairman a treasurer +and a secretary are chosen. The treasurer raises and has custody of the +enormous funds expended in the conduct of the campaign. As the national +chairman may be compared to a general who commands the forces, the +treasurer is the man who raises the sinews of the war. + +_Work of the National Committee._--The headquarters of the committee are +usually established in New York city, with branch offices in Chicago or +Washington, though during the campaign of 1908 the principal +headquarters were located in Chicago. The work of the committee is +usually divided among bureaus or divisions, one of which has charge of +the mailing of campaign literature, another is engaged in the tabulation +of reports, another looks after the employment and assignment of +speakers, another has charge of the organization of voters' clubs +throughout the country, etc.[70] Large quantities of campaign literature, +consisting of a "Campaign textbook," speeches of the candidates or of +members of Congress, pamphlets, leaflets, posters, lithographs, and in +fact everything calculated to influence the voters, are sent broadcast +throughout the country and particularly in the close or doubtful states +where the principal efforts of the committee are concentrated.[71] + + [70] In 1908, the Democratic national committee had a labor bureau to + look after the labor vote, and a committee on college men's clubs to + look after the organization of college students into voters' clubs. + + [71] In 1908, more than one million copies of Mr. Bryan's speech "Shall + the People Rule" were distributed, printed in all languages spoken in + the United States. Another million copies of his speeches on the + trusts, the tariff, guarantee of bank deposits, and injunctions were + also circulated. + +_Activity of the Presidential Candidate._--Formerly it was not +considered proper for the presidential candidates themselves to take an +active part in the campaign by traveling about the country and making +speeches, but in recent years there has been a change in this respect. +Mr. Bryan in 1896 traveled about the country and delivered hundreds of +speeches in behalf of his candidacy, and he pursued a similar course in +1900 and again in 1908 when he was the Democratic candidate. In the +latter year, Mr. Taft, the Republican candidate, likewise entered +actively into the campaign and delivered more than 400 speeches in +thirty different states. In 1912 Mr. Wilson and Mr. Roosevelt made +extensive campaign tours and delivered many speeches. Similar tours were +made in later campaigns. + +=Raising and Expenditure of Campaign Funds.=--The management of a +national political campaign requires the expenditure of large sums of +money for printing, postage, telegrams, express, rent of halls, music, +expenses of speakers, organizing clubs, and the like. This money is +spent solely under the direction of the national chairman, who until +recently was not required to render an account of the moneys contributed +for this purpose. + +_The Raising of Campaign Funds._--Prior to 1884 the expenditures on +account of a national campaign were comparatively small and were raised +by the party in power largely by assessments on federal office-holders; +but the civil service law enacted in the year previous forbade +assessments of this kind and thus cut off an important source of supply. +More attention then began to be turned toward the great corporations, +many of which desired to become the beneficiaries of special legislation +or to secure immunity from government interference with the management +of their business. In a recent campaign, one corporation, a life +insurance company, contributed $200,000; one railroad company gave +$100,000; and many others $50,000. Sometimes a corporation contributes +equally to the campaign funds of both parties, on the principle that it +is a wise policy to be on good terms with each. + +_Contributions of Corporations now Forbidden._--The raising and spending +of so much money as a part of the process of electing a President has +recently given rise to a demand that the sources of national campaign +contributions should be made public. Moreover, it is coming to be +regarded as an evil that the large corporations who desire beneficial +legislation or immunity from prosecution should have become the chief +contributors to campaign funds. This feeling led to the enactment by +Congress in 1907 of a law forbidding national banks and other +corporations which have charters granted by Congress, from making +contributions to the campaign funds of any party at any election, +national, state, or local. The law also prohibits any corporation, +whether chartered under the authority of the national government or not, +from making campaign contributions at any election at which the +President of the United States or any member of Congress is to be +chosen. + +_Publicity of Campaign Contributions._--In 1910 Congress passed a law +requiring the treasurer of each national party committee to make and +publish after the election a sworn statement showing every contribution +of $100 or more received by him, every expenditure of $10 or more, and +the totals of all other contributions and expenditures. + +Finally, in 1911, Congress went still further and passed a law requiring +the publication of such statements _before_ the election. The elections +affected by these acts are those of President and members of Congress. +The act of 1911 forbids any candidate for representative to spend or +promise more than $5,000, and any candidate for senator more than +$10,000, in his campaign. And such candidates are required to file +statements of all campaign receipts and expenditures. + +=The Succession to the Presidency.=--The Constitution declares that in +case of the removal of the President from office, or of his death, +resignation, or inability to discharge the powers and duties of his +office, the same shall devolve upon the Vice President. In case of the +removal, death, resignation, or inability of both the President and the +Vice President, Congress is authorized to provide for the succession. +The only way in which the President may be removed is by impeachment and +conviction. President Johnson was impeached, mainly for the violation of +the tenure of office act, but the senate failed by one vote to convict +him. Had he been convicted the office would have been declared vacant. +There has been no instance of the resignation of a President.[72] Five +Presidents have died in office: Harrison, Taylor, Lincoln, Garfield, and +McKinley. In each case the dead President was succeeded by the Vice +President. No case of inability to discharge the duties of the +presidential office has ever been construed as existing, though in fact +such a case existed from July 2, 1881, when President Garfield was shot, +to September 19, when he died. A similar case existed during the period +in which President McKinley lingered on his deathbed, from September 6 +to September 14, 1901. In neither case did the Vice President assume the +reins of office until death had made the office vacant. Likewise during +President Wilson's serious illness in 1919-1920, the Vice President did +not act. + + [72] John C. Calhoun resigned the Vice Presidency to become a senator + from South Carolina. The statutes provide that the President shall + signify his resignation, in case he resigns, by a letter to the + secretary of state. + +_Succession Law of 1792._--Congress provided by law in 1792 that in case +of the removal, death, resignation, or inability of both the President +and the Vice President, the president _pro tempore_ of the senate should +succeed, and after him the speaker of the house. There were several +practical and political objections to this arrangement, however. In the +first place, there might be considerable periods of time when there was +no president _pro tempore_ of the senate or speaker of the house, and +consequently no one to succeed in case of a vacancy.[73] Another +objection to the law--political in character--was illustrated by the +situation that existed in 1886. The Democratic Vice President Hendricks +had died, and in case the presidential office had become vacant it would +have been filled by a Republican president of the senate. Thus the +executive branch of the government would have passed from the hands of +the party that had carried the country at the last election, to the +other party, merely by the death of a public officer. + + [73] From March 4 to October 10, 1881, there was no president of the + senate, and from March 4 to December 15 of the same year there was no + speaker, the new house not having met and organized. Had Vice President + Arthur died before Mr. Garfield's death there would have been no one to + succeed to the vacancy until October 10, when a new president _pro + tempore_ of the senate was chosen. + +_Succession Act of 1886._--In 1886 Congress changed the law so as to +give the succession to the presidency to the members of the cabinet, in +the order of the creation of their departments, in case of the death or +removal of both the President and the Vice President. As the members of +the cabinet usually belong to the same party as the President and Vice +President, the office in such a contingency would remain in the control +of the party which elected the President at the last election. No +special provision has yet been made, however, in regard to the +succession in case the President elect and Vice President elect should +die after their election by the electoral college on the second Monday +in January and before their inauguration on the 4th of March. The +electoral college could not be reconvened because it becomes _functus +officio_ immediately after electing the President. As the law stands, +the succession would probably go to some member of the old cabinet, who +might be of the opposite party. In such a case, however, Congress might +provide for a special presidential election. + + =References.=--ANDREWS, Manual of the Constitution, pp. 166-177. + BEARD, American Government and Politics, ch. ix. BRYCE, The + American Commonwealth (abridged edition), chs. vi, vii, lii-liv. + FULLER, Government by the People, ch. vii. HARRISON, This Country + of Ours, chs. iv-v. HART, Actual Government, pp. 261-267. HINSDALE, + American Government, chs. xxix-xxxi. STANWOOD, History of the + Presidency. WOODBURN, The American Republic, pp. 116-136. + + =Documentary and Illustrative Material.=--1. Congressional + Directory. 2. Copy of the call for a national convention. 3. + Addresses of the temporary and permanent chairmen of the last + national convention. 4. The Democratic and Republican campaign + textbooks. 5. Copy of the election returns. 6. Specimen ballots + containing the names of candidates for presidential electors. + + +RESEARCH QUESTIONS + +1. How many votes is your state entitled to in the electoral college? +What proportion of the total electoral vote is that? Can you give the +names of any of the presidential electors from your state at the last +election? + +2. What was the popular vote received by the Republican candidate for +President in your state at the last election? By the Democratic +candidate? + +3. Name the Presidents who received only a minority of the popular vote. + +4. Suppose a vacancy should occur in the electoral college of a state by +the death of an elector, is there any way by which it could be filled? + +5. Suppose the candidate for President should die after the popular +election in November and before the meeting of the electors in January, +for whom would the electors cast their vote? Have there been any actual +instances of this kind? + +6. Suppose the President elect should die before the votes are opened +and counted by Congress, who would be declared President? + +7. Have there been any instances since 1820 in which a presidential +elector voted against the candidate of his own party? + +8. What would be the principal advantage in extending the term of the +President and making him ineligible to succeed himself? + +9. Do you think the custom a wise one which prohibits the President from +serving more than two terms? + +10. What were the controversies at issue in the disputed election of +1876? + +11. What were the objections to the method of nomination by +congressional caucus? Who was the last candidate to be nominated by this +method? + +12. Tell something about the first national convention held in the +United States for the nomination of candidates for President and Vice +President. + +13. How many parties nominated candidates for President and Vice +President in the last presidential election? Give the popular vote +received by each, in your state and in the country as a whole. + +14. Read the platforms of each party and contrast their positions on the +leading political issues. + +15. How many delegates is your state entitled to in the national +convention? Who were the delegates at large from your state in the last +Democratic national convention? In the last Republican national +convention? + +16. Where did the Democratic and Republican parties hold their last +national conventions? Who was the permanent chairman of each? + +17. What is your opinion of the "unit rule" followed by the Democratic +party? Of the "two-thirds" rule? + +18. Do you think it would be a wise rule to apportion the delegates from +each state to the national convention on the basis of the party strength +rather than on the basis of population? + +19. Since the people of the territories take no part in national +elections, ought they to be allowed to send delegates to the national +convention? + +20. What is your opinion of the proposal to nominate candidates for +President and Vice President by direct primary as state officials are +nominated in many states? + +21. What is meant by the doctrine of "availability" in choosing +candidates for President? What presidential candidates has your state +furnished? + +22. Is Mr. Bryce's assertion that great men are rarely elected President +true? If so, why? + +23. Do you think presidential candidates should make campaign tours and +deliver campaign speeches? + + + + +CHAPTER XVI + +THE PRESIDENCY (CONTINUED): INAUGURATION; POWERS AND DUTIES + + +=The Inauguration.=--It is no longer the practice to notify the +President officially of his election, and so without certificate of +election or commission, he presents himself at the national capital on +the 4th of March to take the oath of office required by the Constitution +and to enter upon the discharge of his duties. Toward noon on that day +he proceeds to the White House, as the official residence of the +President is styled, where he joins the outgoing President and both are +driven to the Capitol, followed by a procession. _The oath of office_ is +usually administered by the Chief Justice of the Supreme Court on a +platform erected for the purpose at the east front of the Capitol, and +in the presence of a vast throng of spectators from all parts of the +country.[74] Following the custom set by the first Chief Executive, the +President delivers a short _inaugural address_ in which he foreshadows +in a general way his policy as President, after which he returns with +the Ex-President to the White House, where he reviews for several hours +the procession of visitors. + + [74] The oath of office was administered to President Washington in New + York city, then the temporary seat of government, by Chancellor + Livingston of New York state. In 1917, the 4th of March falling on + Sunday, President Wilson took the oath of office twice: on Sunday in + his office at the Capitol, and on the following day publicly in + connection with the inaugural ceremonies. + +_Inaugural Pageantry._--The inauguration of the President is made the +occasion of a great pageant, to which hundreds of thousands of visitors +throng from every part of the Union. In the procession which escorts the +President to the Capitol are militia companies, headed by governors of +states, and civil organizations of every variety. Owing to the +inclemency of the weather which often prevails at this season of the +year, it has been proposed to change the date of the inauguration, but +since this will involve an amendment to the Constitution if the +inauguration is to take place at the beginning of the presidential term, +the success of the movement is doubtful.[75] + + [75] When Vice Presidents Tyler, Johnson, Arthur, and Roosevelt + succeeded to the presidency, Congress was not in session and the oath + of office was administered without formalities. Mr. Arthur took the + oath in New York city before a local magistrate, and Mr. Roosevelt did + the same in Buffalo, where Mr. McKinley died. Vice President Fillmore, + however, took the oath of office as President in the presence of both + houses of Congress, which happened to be in session at the time of the + death of President Taylor. + +=Compensation of the President.=--The Constitution declares that the +President shall, at stated times, receive for his services a +compensation which shall neither be increased nor diminished during the +time for which he has been elected. He is also forbidden to receive any +other emolument either from the United States or from any state. + +The salary of the President was $25,000 a year until 1873, when it was +raised to $50,000. In 1909 it was raised to $75,000. Besides this salary +there is an allowance of $25,000 a year for traveling expenses, and +allowances for clerks, automobiles, house furnishings, fuel, lighting, +etc., making in the aggregate some $250,000 a year. In the White House +the nation furnishes the President with both a private and an official +residence. + +=Extent of the President's Powers.=--The powers of the President are +partly conferred by the Constitution, partly by acts of Congress and +treaties, and are partly the result of usage and precedent. The power +which has been wielded at any given time, however, has depended upon the +initiative and force of the President and the extent to which he enjoyed +the confidence of Congress and the people. Again, the power which may be +rightfully exercised depends upon the state of affairs under which the +office is administered. In time of war the power of the President may be +so expanded as to be limited in effect only by the necessities of the +national existence. The powers wielded by President Lincoln during the +Civil War were so great as to cause him to be frequently referred to as +a dictator. After the outbreak of the war with Germany in 1917 vast and +unprecedented powers were conferred on President Wilson by a succession +of far-reaching acts of Congress. Among the extraordinary powers thus +conferred on him were: the control of the manufacture and distribution +of commodities needful for war purposes, the requisition of ships and +other war supplies, the fixing of prices of coal, wheat, sugar, steel, +and various other commodities, the taking over and operation of private +ship-building plants, the closing of liquor distilleries and the seizure +of their stocks, the prohibition of exports to foreign countries, the +seizure of German ships in American ports, the making of regulations in +respect to the treatment of enemy aliens, and the taking over and +operation of railroads, telegraphs, and telephones. + +=Classes of Powers.=--The various powers and duties which have been +conferred on the President by the Constitution and the laws may be +grouped under the following heads: + +1. The power and duty of executing the laws, including the power to +appoint, direct, and remove public officers. + +2. The management of the foreign affairs of the country. + +3. The power to command the army and navy. + +4. Legislative powers, including the sending of messages to Congress, +the calling of extra sessions, and especially the power to veto acts of +Congress. + +5. The power to grant pardons for offenses against the laws of the +United States. + +=Execution of the Laws.=--The President is the head of the executive +branch of the government, and it is his duty to see that the +Constitution is preserved, protected, and defended, and that the laws +enacted in pursuance thereof, the treaties made under its authority, and +the decisions rendered by the federal courts are enforced throughout the +United States. For these purposes the army, the navy, and the militia +are at his disposal, and in case of resistance to the laws and authority +of the United States, they may be employed by him in such manner as he +may direct, to overcome such resistance. Moreover, nearly all the civil +and military officers of the United States are appointed by him and are, +to a large degree, subject to his direction. + +_The President's Responsibility._--Unlike the state governments, the +national government is so organized as to concentrate the power and the +responsibility for the enforcement of the laws in the hands of a single +executive. Those who are charged with aiding him in carrying out the +government are his own appointees, and their responsibility is primarily +to him alone. + +=Power of Appointment.=--The Constitution declares that the President +shall, with the "advice and consent" of the senate, appoint all officers +of the United States whose appointment is not otherwise provided for by +the Constitution, except that Congress may vest the appointment of +inferior officers in the President alone, in the courts of law, or in +the heads of departments.[76] This is one of the most important powers +devolving upon the President, and probably consumes more of his time +than all his other duties together. In the early days of the +Constitution, the number of appointments was small, but as the +government service expanded, the number of offices to be filled steadily +increased until there are now about 11,000 important presidential +offices, that is, offices filled by the President and the senate. The +tenure of office act of 1820 fixed the terms of the great bulk of +federal offices at four years, and even where the term is not prescribed +by statute, it is the custom for most appointees to be replaced at the +expiration of four years, so that in practice the four-year tenure is +universal, except for federal judges, and each President must during his +term make appointments to nearly all the presidential offices. In making +these appointments he is not limited by any constitutional or statutory +requirements in regard to qualifications. He is the sole judge of the +fitness of candidates for appointments. The only limitation upon his +power is the necessity of securing the approval of the senate, a +requirement already discussed in chapter x, pages 190-191. + + [76] The only officers appointed by the courts of law are clerks, + reporters, and other minor ministerial officers; but there are a large + number of inferior officers in the various departments who are + appointed by the heads of departments. + +_Appointments to Minor Positions_ are often made upon the +recommendations of the representative in Congress from the district in +which the office is located, though many such appointments are now made +on the basis of examinations, under civil service rules. Obviously the +President or the head of the department could not fill the thousands of +minor positions of this sort without reliance upon the advice of others. +They cannot investigate personally every application for appointments of +this kind. It is natural, therefore, that they should accept the +recommendations of members of Congress, who are more apt to be +acquainted with the qualifications of applicants in their districts, and +who are familiar with local conditions. + +=Power of Removal.=--While the Constitution expressly authorizes the +President to appoint officers, with the consent of the senate, it is +completely silent on the question of whether he may remove an officer, +either with or without the consent of the senate. The only provision in +the Constitution in regard to removal is that which relates to +impeachment. It might, therefore, be contended that the only +constitutional method of depriving an incumbent of an office to which he +has been appointed is by impeachment. But this process of removal is so +cumbersome and unwieldy that if it were the only means of getting rid of +incompetent office-holders many unfit persons would remain in office +indefinitely, and, besides, it would be impossible for the President, +upon whom the responsibility for the enforcement of the laws rests, to +surround himself with officials in whose integrity and fitness he has +confidence. Moreover, to resort to the process of impeachment to remove +a person from a petty inferior office would be very much like shooting +birds with artillery intended for destroying battleships. + +From the first, therefore, it was recognized that there was another +process of removal than by impeachment. But there was a difference of +opinion as to whether that power lay with the President alone, or +whether he could remove only with the consent of the senate, as in the +case of appointments; or whether the power lay with Congress to +prescribe how removals might be made. The matter was threshed over in +the first Congress after the Constitution went into effect, and it was +decided that the President might remove alone, without the necessity of +securing the consent of the senate. But there was considerable fear that +he might abuse the power, and Madison is said to have declared that the +wanton removal of a meritorious officer would subject him to +impeachment. + +_Early Practice._--For a long time the power of removal was used +sparingly. Several of the early Presidents, in fact, made no removals at +all, and during the first forty years of our national existence the +total number of officers removed probably did not exceed 100. With the +incoming of President Jackson, however, what is known as the _spoils +system_ was introduced; that is, large numbers of office-holders were +removed in order to make places for those who had rendered political +services to the party in power. Henceforth appointments were made +largely as rewards for party service, often without regard to merit and +fitness. Nevertheless, the right of the President to make removals for +any cause that seemed to him proper, or for any cause whatsoever, +continued to be recognized and acquiesced in by all parties until the +breach occurred between President Johnson and Congress in 1867. + +_Act of 1867._--The action of President Johnson in removing officials +who were in sympathy with Congress greatly offended that body, and in +1867 a tenure of office act was passed forbidding the President to make +removals except with the consent of the Senate.[77] Thus the custom which +for seventy-eight years had recognized the unlimited right of the +President to remove officers without the necessity of securing the +consent of the senate was now reversed. The violation of this law by +President Johnson was the chief cause of his impeachment in 1868. With +the incoming of President Grant, however, the law was modified, and in +1887 it was repealed. Thus after a brief interval the original +interpretation was reverted to, and it has been followed ever since. + + [77] While Congress was not in session, the President was to be allowed + the right to "suspend" officers for good cause, but he was required to + report all suspensions to the Senate at its next meeting and in case it + refused to concur in the suspension, the suspended officer was to be + allowed to resume his office. + +_The Present Rule._--The right of the President to remove any federal +officer appointed by him, except the judges, for any cause whatsoever, +is now recognized, and Congress cannot abridge that right by prescribing +the conditions under which removals may be made. His power in this +respect is absolute and unlimited and may be employed for rewarding his +political friends and punishing his enemies as well as for getting rid +of incompetent and unfit persons in the public service. + +=Power of Direction.=--Resulting from the power of removal is the power +of the President to direct the officers whom he appoints, in regard to +the discharge of their duties. Through the threat of removal, he may +compel obedience to his orders, though of course he cannot require an +officer to do an act which would amount to a violation of the law. Many +of the duties of federal officers are prescribed by law, and the +President cannot change these duties or require an officer to do his +duty differently from the way in which the law requires him to do it. +But the law expressly recognizes that the President has the power to +direct many officers as to their duties. Thus the secretary of state in +the negotiation of treaties and the settlement of disputes with foreign +countries is almost wholly under the control of the President. The +President may instruct him to begin negotiations with a particular +government or to cease negotiations, and the secretary must obey his +orders. So the President may direct the secretary of war in regard to +the disposition of the armed forces. In the same way he may order the +attorney-general to prosecute a "trust" or institute proceedings against +any violator of the federal laws, or may direct him to drop proceedings +once begun. Some officers, however, such as the secretary of the +treasury and the postmaster-general, are less under the direction of the +President, their duties being prescribed with more or less detail by +acts of Congress.[78] + + [78] The act organizing the treasury department requires the secretary + of the treasury to make his annual report to Congress, while the other + cabinet heads make their reports to the President. It was the evident + intention of Congress to keep the secretary of the treasury more + closely under the control of the representatives of the people. + +=The Civil Service System.=--For a half century following the +introduction of the spoils system by President Jackson, both parties +acted on the principle that the offices of the federal government were +the legitimate spoils of victory at the polls. Under such circumstances +the public service was demoralized and enfeebled, and the time of the +President and heads of the departments was taken up with considering +applications for office when it should have been devoted to more +important matters. After the Civil War, a movement was started which had +for its purpose the establishment of the merit system in the public +service and the elimination of the spoils system. + +_The Civil Service Law of 1883._--The assassination of President +Garfield in 1881 by a disappointed office seeker aroused public opinion +to some of the worst evils of the existing system, and in obedience to +the demands of public sentiment, Congress in 1883 enacted the civil +service law which forms the basis of the present civil service system. +This law provided for the creation of a commission of three persons, not +more than two of whom should belong to the same political party. The +commission was charged with forming rules for making appointments to the +public service, and with carrying out the provisions of the law. + +_The Classified Service._--The act provided for the classification of +the positions in the departments at Washington and in the customhouses +and post offices where at least fifty persons were employed, and for the +holding, under the supervision of the commission, of competitive +examinations to test the fitness of applicants for appointments to +positions in the classified service. The classified service now includes +the departmental service at Washington, the customs service, the post +office service, the railway mail service, the Indian service, the +internal revenue service, and the government printing service. + +_Extent of the Classified Service._--At first the law applied to only +about 14,000 positions, but since then the number has been increased +from time to time by the creation of new offices and by orders of +Presidents extending the rules to other classes of positions. A large +extension, for example, was made by President Cleveland in 1896. +President Roosevelt also made large extensions, so that when he went out +of office there were about twice as many positions under the rules as +there were when he became President. In 1912 President Taft added over +36,000 fourth-class postmasters and 20,000 artisans employed in the navy +yards; and in 1917 President Wilson placed 10,000 first-, second-, and +third-class postmasters under the rules. Of 517,805 officers and +employees in the executive civil service in 1917, 326,899 were subject +to competitive examination. + +_Exempt Positions._--Among the positions not under the rules and for +which competitive examinations are not required are the more important +presidential offices such as cabinet officers, assistant secretaries, +chiefs of bureaus, United States attorneys, marshals, judges, +ambassadors and ministers, besides a large number of minor officials +like private secretaries. The income tax and currency acts of 1913 +exempted from the operation of the civil service laws employees who +collect the income tax and employees of the Federal Reserve Board. By an +act of the same year deputy collectors of internal revenue and deputy +marshals were withdrawn from the operation of the laws. These acts have +been criticized by civil service reformers. + +_Examinations._--Civil service examinations are held at least twice each +year in every state and territory, and any citizen of the United States +is eligible to take the examination for any position to be filled. The +commission keeps a list of eligibles, that is, of persons who have +passed an examination, and whenever an appointment is to be made, it +certifies to the appointing authority a list of those who are qualified, +and from the three standing highest on the list the appointment must be +made. But in making the appointments preference must be given to persons +honorably discharged from the military or naval service by reason of +their disability resulting from wounds or sickness. The examinations are +required to be practical in character and of such a nature as to test, +as far as possible, the capacity and fitness of the applicants to +discharge the duties of the position for which they desire an +appointment. + +No appointment is permanent until after six months of probationary +service, during which time the appointee must have demonstrated his +capacity for the office. The law also prohibits members of Congress +from making recommendations for appointments to positions in the +classified service except as to the character and residence of the +applicant, and also forbids the levying of assessments on government +employees for campaign purposes or the solicitation of contributions +from employees.[79] + + [79] By a law of 1907, employees in the classified service are + forbidden to take active part in political campaigns, and this + prohibition has been construed to forbid service on political + committees, service as delegates to party conventions, publication + of newspaper articles of a political nature, membership in political + clubs, circulation of petitions of a political character, etc. + +_How Removals are Made._--When an appointment has been made in pursuance +of the civil service rules, the appointee is protected from removal for +political reasons. The rules now in force declare that removals from the +competitive service can be made only for just cause and for reasons +stated in writing, with an opportunity to the employee to be heard. +"Just cause" is defined as being any cause not merely political or +religious, which will promote the efficiency of the service. + +_The Effect_ of the competitive system has been to give the public +service the character of permanency and increased efficiency. The +administration may change at Washington, but the more than 200,000 +officials under the civil service rules are not affected thereby. There +is no longer a "clean sweep" at the beginning of every administration, +no longer the demoralization that once characterized the government +service when a new party came into power. Thus the whole tone of the +public service has been improved, and the President and heads of the +departments have been partly relieved from the burden of listening to +the appeals of the army of office seekers who used to descend upon +Washington at the beginning of every new administration. + +=Management of Foreign Affairs.=--The United States as a leading member +of the family of nations has an extensive intercourse with other +countries. There is no nation with which it has not entered into +relations of some kind or another. With every civilized country and some +that are not civilized, we have one or more treaties regulating certain +of our relations with them. + +_How Treaties are Negotiated._--The President, by and with the advice +and consent of the senate, two thirds of the members concurring, is +charged with the negotiation of all treaties. The share of the senate in +the negotiation of all treaties has already been discussed in chapter x. + +The President usually does not conduct negotiations himself,[80] but acts +through the secretary of state, who is a sort of minister of foreign +affairs. The secretary is subject to his directions, however, and while +conducting negotiations keeps the President fully informed of their +progress, and secures his approval of all points which in his judgment +should be submitted to him for an opinion. Foreign ministers at +Washington who wish to discuss questions of foreign policy with the +President are referred to the secretary, who is his responsible minister +in such matters. Ambassadors, ministers, and consuls of the United +States are appointed by the President, though the approval of the senate +is essential to the validity of the appointment. Diplomatic +representatives sent abroad bear letters of credence signed by the +President, and from time to time they are given instructions as to the +action they shall take in negotiations with foreign governments. These +instructions are prepared by the secretary of state, though in +important cases he consults the President and ascertains his wishes in +the matter. The President may transfer a minister from one post to +another, may recall him, or dismiss him whenever he likes. + + [80] In 1915-1919, however, President Wilson wrote notes to the German + government, and took part in framing the treaty of peace. + +_Power to "Receive" Foreign Ministers._--The President is also the +authority designated by the Constitution for receiving ambassadors and +ministers accredited by foreign governments to the government of the +United States. To receive a foreign minister is to recognize him as the +official representative to the United States of the government which has +appointed him. When a new minister arrives at Washington, he is escorted +to the White House by the secretary of state on a day agreed upon, and +is received by the President. The new minister presents his credentials +and delivers a short ceremonial address, to which the President +responds. He is then recognized as the official organ of communication +between the United States government and the government which he +represents. The President, however, may refuse to recognize a minister +from a country whose independence is in doubt, or one who is personally +objectionable to the United States government. He may also request a +foreign government to recall a minister accredited to the United States, +or may dismiss one for conduct highly offensive to the government. + +=The Military Powers of the President.=--The Constitution declares that +the President shall be commander in chief of the army and navy and also +of the militia of the several states whenever it is called into the +service of the United States. The power to declare war, however, belongs +to Congress, though the President may through his management of the +foreign affairs of the country bring about a situation which may make a +declaration of war a virtual necessity. Congress also determines the +strength of the army, the method of raising the forces, their terms of +service, pay, subsistence, organization, equipment, location of forts, +and indeed everything relating to its make-up. + +_Extent of the President's Power._--The President, as commander in +chief, decides where the troops are to be located, and where the ships +are to be stationed. It is upon his orders that the troops are +mobilized, the fleets assembled, and the militia of the states called +out. He may direct the campaigns and might, if he wished, take personal +command of the army, the navy, or the militia, though in practice he +never does, the army, in fact, being commanded by a military officer and +the navy by a naval officer. He may do whatever, in his judgment, may +conduce to the destruction of the power or the weakening of the strength +of the enemy, so long as he acts within the accepted rules of +international law. His power, in short, is limited only by the +requirements of military necessity and the law of nations. Thus he may +declare that any property used by the enemy for warlike purposes or +which may in other respects be a source of strength to the enemy shall +be subject to confiscation. It was in pursuance of this power that +President Lincoln issued the emancipation proclamation freeing the +slaves in certain of the Southern states during the Civil War. + +_Power to Govern Occupied Territory._--When an enemy's territory has +once been occupied by the army, the President, as commander in chief, +may assume control and govern it through such agencies and in such +manner as he may see fit. He may displace the existing authorities or +make use of them as he wishes. He may appoint military governors and set +up special tribunals in the place of existing courts. He may suspend the +writ of habeas corpus, institute martial law, and deprive the +inhabitants of other safeguards established by the Constitution for +their protection against the arbitrary encroachments of the government. +By virtue of this authority President Lincoln governed for some time +those parts of the South which came under the jurisdiction of the +military forces of the United States during the Civil War. In the same +way President McKinley governed Porto Rico and the Philippines for many +months during and after the war with Spain. + +_Conclusions._--From this summary it will readily be seen that the +powers of the President as commander in chief during war are very great, +in fact almost unlimited. He may become, as President Lincoln did, +practically a dictator, and if he should choose to abuse his powers he +might deprive the people of a large portion of their liberties. + +In time of peace, the military powers of the President are far less than +during war, though they are still considerable. His duty to protect the +states against invasion and his power to order out the troops to +suppress domestic violence upon the application of the state executive +or legislature are discussed in chapter iii. Whenever the movement of +interstate commerce or the instrumentalities of the national government +are interfered with by rioters it is his right and duty to employ the +army or the navy if necessary to suppress the disturbances.[81] By an act +of Congress passed in 1795 and still in force, the President is +authorized to call out the militia whenever the laws of the United +States are opposed or their execution obstructed by combinations too +powerful, in his judgment, to be suppressed by the ordinary course of +judicial proceedings, or by the federal marshals. And the President is +the sole judge of the existence of the state of facts thus described, +and no court in the land can review his decision in regard thereto. It +was in pursuance of this act that President Lincoln issued his first +call for the militia in 1861. + + [81] See further on this point, pp. 60-62. + +=The President's Share in Legislation.=--While the chief duty of the +President is to execute the laws, he is at the same time given a share +in their making. This share is both positive and negative in character. + +=Presidential Messages.=--The Constitution makes it his duty to give +Congress from time to time information of the state of the Union and to +recommend for its consideration such measures as he may judge necessary +and proper. This requirement rests upon the obvious fact that he +possesses more extensive sources of knowledge in regard to the state of +public affairs than any one else, and is also familiar with the workings +of the laws, and hence is in a position to recommend legislation for +their improvement. + +The information required to be furnished Congress is contained in an +annual message communicated at the beginning of each session, and in +special messages communicated from time to time during the session. + +_Early Practice._--It was the custom at the beginning of our national +history for the President to deliver an address at the opening of +Congress, in the presence of both houses assembled in the senate +chamber, and for each house thereafter to draw up a suitable reply, in +accordance with the English custom. This plan was followed by both +Washington and Adams, but Jefferson inaugurated the practice of +communicating what he had to say in the form of a written message. From +that time down till 1913 all the presidential messages to Congress were +in written form only; but in the latter year President Wilson revived +the practice of addressing Congress in person. + +_Character of the Annual Messages._--The annual message contains a +review of the operations of the government during the preceding year, +together with such recommendations for additional legislation as the +President thinks the interests of the country require. It also usually +contains a summary of the reports of the several heads of departments, +and is accompanied by the full reports of the departments. Sometimes one +or the other of the houses adopts resolutions calling on the President +for information on particular subjects, and if in his judgment the +communication of the information is not incompatible with the public +interests, the request is complied with. + +The message is printed in full in nearly all the daily newspapers of the +country on the day on which it is communicated to Congress, and it is +widely read by the people and commented on by editors. When the message +has been received by the Congress, it is ordered to be printed, and the +various recommendations which it contains are distributed among the +appropriate committees of each house. The consideration which the +recommendations receive at the hands of Congress depends upon the +influence which the President wields with the two houses. If he belongs +to a different political party from that which is in control of +Congress, or if for other reasons Congress is out of sympathy with his +policies, his recommendations count for little. + +=Power to Call Extraordinary Sessions.=--The President has power to call +extraordinary sessions of Congress for the consideration of special +matters of an urgent character. Of course the President cannot compel +Congress to adopt his recommendations at a special session any more than +at a regular session, but he can sometimes hasten action and if he is +backed by a strong public opinion he may be able to accomplish even +more. The authority to call extraordinary sessions has been exercised by +Presidents Adams, Jefferson, Madison, Van Buren, Harrison, Pierce, +Lincoln, Hayes, Cleveland, McKinley, Roosevelt, Taft, and Wilson. In all +these cases Congress was called together to deal with extraordinary +situations such as foreign difficulties, financial panics, rebellion, +the enactment of appropriation bills which had failed at the regular +session, the enactment of tariff bills for which there was an urgent +demand, the approval of reciprocity treaties, and the like. The senate +has often been convened in extraordinary session at the beginning of a +new administration for the purpose of approving the nominations of the +President, but the house of representatives has never been called alone. + +=Power to Adjourn Congress.=--The President is also authorized to +adjourn the two houses in case of disagreement between them as to the +time for adjourning the session. Only one such case of disagreement has +ever occurred, namely, in the special session of November, 1903, when +the senate proposed to adjourn and the house of representatives refused. +President Roosevelt did not, however, exercise his power in this case, +so the special session continued about two weeks longer, until it was +ended by the beginning of the regular session. + +=Power to Issue Ordinances.=--Under the legislative functions of the +President may also be included what is known as the ordinance power, +that is, the power to issue certain orders and regulations having the +force of law. Such are the regulations for the government of the army +and navy, and those relating to the postal service, patents, pensions, +public lands, Indian affairs, the customs service, internal revenue +service, marine hospital service, the consular service, the civil +service, and many other branches of administration. Some of these +regulations are issued by the President under express authority +conferred upon him by acts of Congress; others are issued as a result +of the necessity of prescribing means for carrying into effect the laws +of Congress and sometimes of interpreting them;[82] while still others +are issued in pursuance of the constitutional powers of the President. +Such are the regulations issued for the government of the army and navy, +in pursuance of the authority of the President as commander in chief. + + [82] A recent example is found in the regulations issued by President + Taft for putting into effect the new law levying a tax on corporations. + The meaning of the law in various particulars had to be interpreted, + and the method and means of assessing and collecting the tax had to be + prescribed. Another example was the regulations issued by President + Wilson in 1913 for the collection of the income tax. + +=The Veto Power.=--Finally, the President is given an important share in +legislation through the constitutional requirement which requires that +all bills and resolutions passed by Congress shall be submitted for his +approval.[83] The power to withhold his approval of the acts passed by +Congress is popularly known as the veto power. It was called by the +framers of the Constitution the President's "qualified negative." This +prerogative constitutes an exception to the principle of the separation +of governmental powers, and was conferred upon the executive as a means +of enabling him to defend his constitutional powers and privileges +against the encroachments of the legislative department, as well as to +provide a check upon hasty and careless legislation by Congress. The +conditions under which the right of veto may be exercised, the forms +which it may take, and the procedure by which it may be overridden by +Congress are discussed in chapter xi. The President may veto a bill +because he believes it to be unconstitutional, or because he believes it +is unwise or inexpedient, though in both cases a wise executive will be +slow to set his judgment against the combined judgment of the members of +Congress. + + [83] Ex-President Benjamin Harrison, in his book "This Country of + Ours," p. 138, thus describes the course which a bill takes after it + has passed both houses: "When a bill has passed both houses of Congress + and has been signed by the president of the senate and the speaker of + the house, it is taken, by the clerk of the committee on enrolled + bills, to the Executive Mansion, where the date of its delivery is + stamped upon it. The practice is then to send the bill to the head of + the department to which its subject matter belongs--to the war + department, if to army matters; to the interior, if to pensions, or + public lands, or Indian affairs, etc.--for the examination of the + secretary, and for a report from him as to any objections that may + occur to him. As to the frame of the bill, and as to any constitutional + questions involved, the attorney-general is often consulted, though the + bill does not relate to his department. The President then takes up the + bill, with the report from the department, and examines it, and if he + approves writes thereon "Approved," giving the date, and signs his + name. The bill, now become a law, is then sent to the state department + to be filed and published in the statutes at large." + +_No Power to Veto Items in Appropriation Bills._--Unlike the governors +of many of the states, he cannot veto particular items in appropriation +bills, as a result of which he is sometimes confronted with the +embarrassing duty of signing a bill carrying certain appropriations to +which he objects, or of vetoing the entire bill. President Cleveland on +one occasion vetoed the rivers and harbors bill carrying an +appropriation of many millions of dollars rather than approve certain +items in it which he considered wasteful and extravagant. If the +President had the power to veto particular items in appropriation bills +he could prevent useless and extravagant appropriations in many cases +without being under the necessity of defeating at the same time those +which are desirable and necessary. + +_Use of the Veto Power._--The early Presidents either did not make use +of the veto power at all, or employed it sparingly. Neither John Adams, +nor Thomas Jefferson, nor John Quincy Adams, while in the presidential +chair, vetoed any bills; and Washington, Madison, and Monroe together +vetoed only eight. Many of the later Presidents used the veto power more +freely. + +No bill was passed over the veto of a President until the administration +of Tyler, when one was so passed. Four bills were passed over the vetoes +of Pierce, fourteen over those of Johnson, three over those of Grant, +one over a veto of Hayes, one over a veto of Arthur, two over the vetoes +of Cleveland, one each over the vetoes of Harrison, Taft, and Wilson. + +_Joint Resolutions_ as well as bills are usually presented to the +President for his signature, and must be approved before they have any +validity, though it has not been the practice to submit to the +President, for his approval, joint resolutions proposing amendments to +the Constitution. Concurrent resolutions, which do not have the force of +law, but are merely expressions of the sense of the legislative +department on some question of interest to it alone, do not require the +approval of the President.[84] + + [84] The distinction between bills, joint resolutions, and concurrent + resolutions is discussed on p. 204. + +_Importance of the Veto._--The threat of the President to employ the +veto may be used to great effect. A strong President who has positive +ideas in regard to the kind of legislation which the country needs and +which public opinion demands, may compel the adoption in whole or in +part of those ideas by the threatened use of the veto. The necessity of +obtaining the approval of the President really gives him a powerful +share in legislation. Roosevelt, for example, on a number of occasions +threatened to veto bills about to be passed by Congress unless they +were changed so as to embody the ideas which he advocated, and the +threats were not without effect. + +=The Pardoning Power of the President.=--The Constitution authorizes the +President "to grant reprieves and pardons for offenses against the +United States except in cases of impeachment."[85] The President cannot, +of course, pardon offenses against state law. Offenses against the +postal laws, the revenue laws, the laws against counterfeiting, and the +national banking laws are those for which pardons are most frequently +sought. Crimes committed in the territories are, however, offenses +against the laws of the United States, and are frequently the object of +applications for pardon. + + [85] Impeachment offenses were excepted for the purpose of preventing + the President from granting pardons to his own appointees and thereby + shielding them from the consequences of their acts. + + For definition of pardon and reprieve, and further discussion of the + nature and purpose of the pardoning power, see p. 102-103. + +With the exception of the limitation in regard to impeachment offenses, +the President's power of pardon is absolute. His power is not restricted +by a board of pardons as is that of the governors of some of the states, +nor can Congress in any way abridge his power or restrict the effect of +a pardon granted by him. Moreover, he may grant a pardon before as well +as after conviction, though this is rarely done in the case of +individual offenses. It is sometimes done, however, where large numbers +of persons have become liable to criminal prosecution for participation +in rebellion, resistance to the laws, and similar acts. + +_Amnesty._--In such cases the pardon is known as an "amnesty," and is +granted by proclamation. Thus in December, 1863, President Lincoln +issued an amnesty proclamation offering a full pardon to all persons in +arms against the United States provided they would lay down their arms +and return to their allegiance. In April, 1865, President Johnson issued +a proclamation offering amnesty to all those who had borne arms against +the United States, with certain exceptions and subject to certain +conditions. The last instance of the kind was the proclamation issued by +President Harrison, in 1893, granting amnesty to those Mormons who had +violated the anti-polygamy laws of the United States. + +_Commutation._--The power to pardon is held also to include the power to +commute a sentence from a heavier to a lighter penalty, and also to +reduce a fine or remit it entirely. + +_Parole._--In 1910, Congress passed a law providing for the release on +parole of federal prisoners sentenced to a term of more than one year, +except life prisoners, provided their conduct has been satisfactory. At +each of the three federal prisons there is a board of parole charged +with hearing applications for release. + +=Immunity of the President from Judicial Control.=--Being at the head of +a coordinate department of the government, the President, unlike other +public officers, is not subject to the control of the courts. They +cannot issue processes against him, or restrain him or compel him to +perform any act. During the trial of Aaron Burr for treason, Chief +Justice Marshall issued a subpoena directed to President Jefferson +requiring him to produce a certain paper relating to Burr's acts, but +the President refused to obey the writ, declaring that if the chief +executive could be compelled to obey the processes of the courts he +might be prevented from the discharge of his duties. Even if the +President were to commit an act of violence, he could not be arrested or +in any way restrained of his liberty. The only remedy against acts of +violence committed by him is impeachment by the house of representatives +and trial by the Senate. If convicted, he must be deprived of his +office, after which his immunity ends and he is liable to prosecution +and trial in the ordinary courts as any other offender. The principle +upon which the President is exempt from the control of the courts is not +that he can do no wrong, but that if he were subject to judicial +restraint and compelled to obey the processes of the courts, the +administration of the duties of his high office might be interfered +with. + +Nevertheless, the Supreme Court does not hesitate to exercise control +over the subordinates through whom the President acts in most cases, and +it will refuse to sanction orders or regulations promulgated by him if +they are unconstitutional. To this extent, his acts are subject to +judicial control. + + + =References.=--ANDREWS, Manual of the Constitution, pp. 180-201. + BEARD, American Government and Politics, ch. x. BRYCE, The American + Commonwealth (abridged edition), ch. v. FAIRLIE, National + Administration, chs. i-ii. HARRISON, This Country of Ours, ch. vi. + HINSDALE, American Government, ch. xxxii. + + =Documentary and Illustrative Material.=--1. Copy of an inaugural + address of the President. 2. Copy of an annual message of the + President. 3. Copies of executive orders and proclamations. 4. + Copies of veto messages. + + +RESEARCH QUESTIONS + +1. What is your opinion of Sir Henry Maine's saying that the President +of the United States is but a revised edition of the English King? + +2. How do the powers of the President compare in importance and scope +with those of the King of England? + +3. Have the President's powers increased or decreased since 1789? Give +your reasons. + +4. Name some of the Presidents who were notable for the vigorous +exercise of executive power. + +5. What is your opinion of the position taken by President Roosevelt +that the power of the President should be increased by executive +interpretation and judicial construction? + +6. Is the President the judge of the extent and limits of his own +powers? If not, what authority is? + +7. Do you think the President ought to be prohibited from removing +officers except for good cause? Ought the consent of the senate to be +required in all cases of removal? + +8. What is your opinion of the proposition that the members of the +cabinet should be elected by the people? + +9. Why are the powers of the President so much more extensive in time of +war than in time of peace? + +10. What were the principal recommendations made by the President in his +last annual message? + +11. Do you think he should be allowed to grant pardons _before_ +conviction? Would it not be well to have a federal board of pardons +whose approval should be necessary to the validity of all pardons issued +by the President? + +12. In the exercise of his duty to enforce the laws, may the President +interpret their meaning in case of doubt? + +13. To what extent ought the President in making appointments to take +into consideration the politics of the appointee? To what extent should +he be governed by the recommendations of members of Congress? + +14. Why should the executive power be vested in the hands of a single +person while the judicial and legislative powers are vested in bodies or +assemblies? + +15. Do you think the present salary allowed the President adequate? How +does it compare with the allowance made to the King of England? the +President of France? + + + + +CHAPTER XVII + +THE CABINET AND THE EXECUTIVE DEPARTMENTS + + +=The Cabinet.=--The heads of the ten executive departments collectively +constitute the President's cabinet. They are, in the order of rank, the +secretary of state (first styled the secretary of foreign affairs), the +secretary of the treasury, the secretary of war, the attorney-general, +the postmaster-general, the secretary of the navy, the secretary of the +interior, the secretary of agriculture, the secretary of commerce, and +the secretary of labor. They are appointed by the President with the +consent of the senate, which in practice is never refused; and they may +be dismissed by him at any time. The salary of cabinet members is +$12,000 a year. + +=Origin and Nature of the Cabinet.=--There was no thought in the +beginning that the heads of departments should constitute a cabinet or +advisory council to the President, and during the first administration +they were never, as a matter of fact, convened by him for collective +consultation. When their opinions or advice were desired they were +requested by written communication. During his second term, however, +President Washington adopted the practice of assembling the heads of +departments occasionally for consultation not only on matters pertaining +to their particular departments but in regard to questions of general +executive policy. Thus the cabinet meeting became a regular feature of +executive procedure, and the cabinet a permanent institution. It is +well to remember, however, that the cabinet as such is not mentioned in +the Constitution, and the name "cabinet" never appeared in any law until +the year 1907. No record is kept of its proceedings. + +_Cabinet Responsibility._--Unlike a European cabinet, the members of the +President's cabinet are not, and cannot be, members of either house of +Congress; they have no seats in Congress; they are not responsible to +Congress for their policies, and they never think of resigning when +Congress refuses to carry out their recommendations or to approve their +official acts. They are responsible solely to the President for their +official conduct, and are subject to his direction, except in so far as +their duties are prescribed by law. They are, in short, the ministers of +the President, not of Congress; administrative chiefs, not parliamentary +leaders. It may happen, therefore, that members of the cabinet, like the +President, may belong to the party which is in the minority in +Congress.[86] + + [86] There is little resemblance between the American cabinet and a + European ministry. In foreign countries where the parliamentary system + prevails, cabinet ministers are chosen from the party having control of + the Parliament; they are usually members of Parliament, but whether + they are or not they are entitled to seats therein; and they prepare + and introduce all important legislative measures, urge their adoption + by the Parliament, and defend their political policies and acts + whenever they are attacked. To one or both of the legislative chambers + they are responsible for their political acts, and whenever they cease + to command the support of the chamber to which they are responsible + they must resign and make way for a new cabinet which does possess its + confidence. It is thus impossible for the legislative and executive + departments of the government to be antagonistic. + +=The Department of State.=--At the head of the department of state is +the secretary of state, who is the ranking member of the cabinet and the +first in line for the presidency in case of the death or removal of +both President and Vice President. He sits at the right hand of the +President at cabinet meetings and is given precedence over his +colleagues on occasions of ceremony. There are also three assistant +secretaries in the department, and a counselor, who advises the +President and Secretary of State in regard to questions of international +law. + +The duties of the secretary of state fall into three groups: first, he +is the custodian of the great seal and of the archives of the United +States. In this capacity he receives the acts and resolutions of +Congress, publishes them in certain papers, and preserves the originals. +Under this head also fall the duties of countersigning proclamations and +important commissions of the President and of attaching thereto the +great seal. In the second place, the secretary of state is the organ of +communication between the national government and the state governments. +Thus an application from the governor of a state for troops to suppress +domestic violence, or a request for the extradition of a criminal who +has taken refuge in a foreign country, is made through the secretary of +state. In the third place, the secretary of state is the organ of +communication between the United States and foreign powers, that is, he +is the minister of foreign affairs. He carries on all correspondence +with foreign governments, negotiates treaties, countersigns warrants for +the extradition of fugitives from the justice of foreign countries, +issues passports to American citizens wishing to travel abroad, and +grants exequaturs to foreign consuls in the United States. + +=The Diplomatic Service.=--For purposes of administration the department +of state is organized into a number of bureaus and divisions. _The +Diplomatic Bureau_ prepares diplomatic correspondence with foreign +governments, and has charge of the engrossing of treaties and other +formal papers, the preparation of the credentials of diplomatic +representatives, and of ceremonious letters. The United States +government is now represented at the governments of nearly fifty +different foreign countries by diplomatic representatives, and most of +these governments maintain diplomatic representatives at Washington. Our +representatives to Great Britain, France, Germany, Russia, +Austria-Hungary, Italy, Japan, Mexico, Brazil, Turkey, Spain, Argentina, +and Chile bear the rank of ambassador. The government is represented at +most of the other countries by envoys extraordinary and ministers +plenipotentiary; but to one country (Liberia) it sends a minister +resident. The principal difference between the different classes of +ministers is one of rank and precedence. At the more important foreign +posts the ambassador or minister is provided with from one to three +secretaries. There are also interpreters at the legations in Oriental +countries, and at all the important foreign capitals military and naval +attaches are attached to the legation. + +_Elimination of the Spoils System._--The efficiency of the diplomatic +service has been much impaired by the existence of the spoils system, as +a result of which diplomatic appointments are determined largely by +political considerations, and changes are made by each new +administration. In the administrations of Presidents Roosevelt and Taft, +however, a beginning was made toward the introduction of the merit +system into the diplomatic service. + +_Duties of Diplomatic Representatives._--The principal duties of +diplomatic representatives are to watch over the interests of their +country and its citizens in the country to which they are accredited and +to see that they receive proper protection, to present and cause to be +settled all claims against the foreign country in which they reside, to +negotiate treaties, to settle disputes and adjust difficulties, to +promote friendly relations, and, in general, to represent their +government in its relations with the government to which they are +accredited. It is also the duty of a diplomatic representative to keep +his government fully informed on all matters in which it is likely to be +interested. He is expected to transmit reports relating to political +conditions, finance, commerce, agriculture, arts and science, systems of +taxation, population, judicial statistics, new inventions, and other +matters of possible interest to his government. + +The procedure by which treaties are negotiated may take either of two +courses: the secretary of state may conduct the negotiations with a +foreign minister at Washington, or he may direct the American minister +in the foreign country with which it is desired to treat to negotiate +with the minister of foreign affairs of that government.[87] + + [87] The following description of the procedure observed in drawing up, + signing, and ratifying treaties is given by Mr. Van Dyne in his book + entitled "Our Foreign Service," pp. 9-10: + +"When the terms of a treaty are agreed upon, two exact copies are +engrossed at the Department of State, and signed by the Secretary and +the foreign minister. Where the two countries have not a common language +the texts in the two languages are engrossed in parallel columns. In +drawing up treaties this government adheres to the 'alternat,' by which +in the copy of the treaty to be retained by this government, the United +States is named first, and our plenipotentiary signs first. In the copy +to be retained by the foreign government that government is named first +and its plenipotentiary signs first. The seal of each plenipotentiary is +placed after his signature. Two narrow pieces of red, white and blue +striped silk ribbon are laid across the page, some hot wax is dropped on +the document at the place where the impression of the seal is to be +made, and the seals are placed on this, the ribbon thus fastened to the +seals being used to bind the pages of the instrument. When the treaty is +ratified, a day is fixed and the plenipotentiaries meet and exchange +ratifications. The ratification is attached to the instrument. When the +ratification is completed, proclamation of the fact and publication of +the text are made simultaneously at the capitals of each nation, upon a +day agreed upon." + +=The Consular Service.=--_The Consular Bureau_ in the department of +state has charge of the correspondence with our consular officers in +foreign countries. A consul differs from a diplomatic representative in +being a commercial rather than a political representative. Consuls are +stationed at all important commercial centers in foreign countries, to +look after the commercial interests of their country, promote foreign +trade, watch over shipping and navigation, administer the estates of +American citizens dying abroad, assist in the administration of our +customs, health, navigation, immigration, and naturalization laws, and +to collect such information concerning the trade, industries, and +markets of foreign countries as may be of value to the commercial +interests of the United States.[88] + + [88] In certain Oriental countries, notably China, Morocco, Persia, + Siam, and Turkey, the United States consuls, by virtue of treaty + arrangements, exercise jurisdiction over American citizens in both + civil and criminal cases. They are empowered to try Americans for + offenses committed within their districts and to determine all civil + controversies between citizens of the United States residing therein. + In more serious criminal cases and in civil cases involving large + amounts, appeals may be taken to the American minister. The reason why + Western powers refuse to permit their citizens to be tried by the + courts of these countries is that their standards of law and procedure + are repugnant to those of Western countries. Formerly consular + jurisdiction existed in Japan also, but it was abolished by treaty in + 1899. + +=Recent Reforms.=--In obedience to the widespread demands of the +commercial interests of the country, notable improvements have recently +been made in our consular service. Formerly political considerations +largely determined appointments to the service, and at the beginning of +each new administration a wholesale removal was made in order to find +places for party workers. By acts of Congress passed in 1906 and 1909, +however, the service was reorganized and attempts made to place it on a +merit basis. The fee system was abolished, consuls were prohibited from +practicing law or engaging in other businesses, provision was made for +periodic inspection of consulates, and a system of examinations was +inaugurated for determining the qualifications of appointees to the +service. The adoption of these reforms has brought about a marked +increase in the efficiency of the service and has tended to give to it +the character of a permanent professional career such as it enjoys in +Europe. + +=Other Bureaus of the State Department.=--_The Bureau of Indexes and +Archives_ is charged with keeping the records and indexing the +correspondence of the department of state. It also prepares the annual +volumes of the foreign relations, containing portions of the diplomatic +correspondence. + +_The Division of Passport Control_ is charged with the issue of +passports to persons who desire to travel abroad. A passport is a paper +signed by the secretary of state certifying that the bearer is a citizen +of the United States or has declared his intention of becoming a +citizen, and is entitled to the protection of the government when +traveling abroad. They are granted not only to citizens but, by a recent +law, to loyal residents of the insular possessions and to aliens who +have declared their intention of becoming citizens and have resided in +the United States for three years. A fee of one dollar is charged for +each passport. + +_The other bureaus and divisions_ in the department of state are: +accounts, rolls and library, appointments, information, Far Eastern +affairs, Near Eastern affairs, Western European affairs, and +Latin-American affairs. + +=The Department of the Treasury.=--For the most part the department of +the treasury is concerned with the management of the national finances, +including (1) the administration of the revenue laws, (2) the custody of +the national funds, (3) the preparation of the budget, (4) the +administration of the currency and national banking laws, (5) +miscellaneous functions such as those relating to the life-saving +service, the public health and marine hospital service, engraving and +printing, construction of public buildings, etc. + +The custody of the government funds devolves upon the _Treasurer_, who +is charged with receiving and disbursing upon proper warrant all public +moneys that may be deposited in the treasury at Washington or in the +subtreasuries at New York, Philadelphia, Baltimore, Cincinnati, Chicago, +St. Louis, New Orleans, and San Francisco, as well as in national banks +and federal reserve banks. He is also the custodian of miscellaneous +trust funds, is the agent of the government for paying interest on the +public debt and for issuing and redeeming government paper currency and +national bank notes, and is the custodian of the bonds deposited to +secure national bank circulation. + +_The Register of the Treasury_ issues and signs all bonds of the United +States, registers bond transfers and redemption of bonds, and signs +transfers of public funds from the treasury to the subtreasuries or +depositories. + +_The Commissioner of Internal Revenue_ supervises the collection of the +federal income tax and of the taxes on the manufacture of tobacco, etc., +and supervises the enforcement of the prohibition law. + +_The Director of the Budget_, provided for by the new budget act of +1921, prepares for the President the annual budget and all other +estimates of revenues and expenditures, and with that end in view, has +power to assemble, correlate, revise, reduce, or increase the estimates +of the several departments or establishments. The President is, however, +directly responsible for the budget, and transmits it to Congress. By +the same act, the office of _Comptroller of the Treasury_ was abolished, +and the auditing and accounting functions were removed from the Treasury +Department to an independent General Accounting Office, with the +_Comptroller-General of the United States_ at its head. + +The principal officers who have to do with currency administration are +the director of the mint and the comptroller of the currency. _The +Director of the Mint_ has general supervision of the administration of +the coinage laws and the management of the coinage and assay offices.[89] +_The Comptroller of the Currency_ exercises supervision over the +national banks. It is his duty to see that national banks are properly +organized, that the capital stock is fully subscribed and paid in, that +the necessary amount of United States bonds have been duly deposited +with the government to secure the circulation of their notes, and that +all national banks are properly examined from time to time. He also has +important duties in connection with the management of the federal +reserve banks. He has charge of the issue of national bank notes and +(under the supervision the Federal Reserve Board) of Federal reserve +notes. + + [89] For a list of the mints and assay offices, see pp. 228-229. + +Among the bureaus of the treasury department which have no direct +relation to the public finances the most important is the _Public Health +Service_, which is under the direction of a surgeon general who is +charged with the supervision of the national quarantine stations and of +hospitals for the relief of sick and disabled seamen, and discharged +soldiers, sailors, and marines. He calls conferences of all state health +boards. He is authorized to adopt regulations to prevent the +introduction and spread of contagious diseases, and it is his duty to +supervise the medical examination of immigrants seeking admission to the +United States. + +_The Coast Guard_, as organized in 1915, is charged with the duties of +the former _life-saving service_ and the _revenue cutter service_. It +renders assistance to persons and vessels in distress, patrols the coast +for the purpose of preventing violations of the customs laws, and +enforces the laws relating to quarantine, navigation, protection of the +game, fishery, and seal industries, etc. It constitutes a part of the +military forces and is under the treasury department in time of peace +and under the navy department in time of war. + +_The Supervising Architect_ is charged with the selection and purchase +of sites for government buildings, such as federal courthouses, +post-office buildings, customhouses, mints, etc.; with the preparation +of plans and specifications and the awarding of contracts for such +buildings. + +_The Bureau of Engraving and Printing_ is charged with the duty of +engraving and printing all government securities, including United +States notes, bonds, certificates, national bank notes, federal reserve +notes, internal revenue, customs, and postage stamps, treasury drafts, +etc. + +_The Secret Service Division_ is a body of detective agents employed to +detect frauds and crimes against the government, such as counterfeiting +or espionage. Some of the force are also employed in guarding the +President. + +_The Bureau of War Risk Insurance_ (created in 1914) is charged with +carrying out the laws relating to government insurance of American +ships, soldiers, and sailors. + +_The Federal Reserve Board_ and the _Federal Farm Loan Board_ (see p. +234) are also under the Treasury Department. + +=The War Department.=--The secretary of war has charge of all matters +relating to national defense and seacoast fortifications, river and +harbor improvements, the prevention of obstructions to navigation, and +the establishment of harbor lines; and all plans and locations, of +bridges authorized by Congress to be constructed over navigable rivers +require his approval. + +The army is under the direction of the _General Staff_ described on p. +263. Within the war department there are also a number of departments +and bureaus, each under the direction of an army officer. + +_The Adjutant General_ has charge of the records and correspondence of +the army and militia; of the recruiting service, including enlistments, +appointments, promotions, resignations, etc. He communicates to +subordinate officers the orders of the President and the secretary of +war, and preserves reports of military movements and operations. + +_The Inspector General_, with his assistants, visits and inspects +military posts, depots, fortifications, armories and arsenals, and +public works in charge of army officers, and makes reports on the +conduct, efficiency, and discipline of officers and men, including their +arms and equipment. + +_The Quartermaster General_ has supervision over the quartermaster corps +which is the main supply service of the army (except for technical +articles), and furnishes food, clothing, equipment, animals, and forage. +It also has charge of building construction and transportation for the +army. + +_The Chief of Finance_ has control over the finances of the army. + +_The Surgeon General_ has supervision over the medical service of the +army; looks after the sick and wounded; provides medical and hospital +supplies, and inquires into the sanitary conditions of the army. In +addition to field hospitals permanent depots and hospitals are +maintained at various points. + +_The Judge-Advocate General_ is the chief law officer of the army; he +reviews records of the proceedings of courts-martial, courts of inquiry, +and military commissions, and acts as legal adviser to the war +department. + +_The Chief Signal Officer_ is charged with the supervision of military +signal duties, the construction, repair, and operation of military +telegraph lines and cables. + +_The Chief of the Air Service_ has supervision over aircraft production +and the aviation service. + +_The Chief of Ordnance_ supervises the purchase, manufacture, and +distribution of artillery, small arms, and ammunition for the army and +the militia. For the manufacture of arms and ammunition there are +arsenals at Springfield, Mass., Rock Island, Ill., Watervliet, N. Y., +and elsewhere. + +_The Chief of Engineers_ is at the head of the engineering corps, a +branch of the army which is charged with the construction of public +works such as military roads, bridges, fortifications, river and harbor +improvements, geographical explorations, and surveys. The construction +of the Panama Canal is the most notable of the recent undertakings of +the war department in this field. + +_The Chief of the Chemical Warfare Service_ has supervision over the +production of chemical warfare materials as well as defensive appliances +for protection against such warfare. He also supervises the training of +the army in the use of both. + +_The Militia Bureau_, created in 1916, has charge of all matters +relating to the National Guard. + +In addition to the purely military functions and construction of public +works, the war department has certain duties in connection with the +government of the insular possessions and the Panama Canal Zone. So far +as these duties relate to Porto Rico and the Philippine Islands they are +under the direction of the _Bureau of Insular Affairs_, at the head of +which is an army officer with the title of chief of the bureau. This +bureau also has charge of the collection of the revenues of Haiti and +the Dominican Republic in accordance with treaties which practically +establish an American receivership over those republics. + +Finally, the war department has charge of the _United States Military +Academy_ at West Point, the various post-graduate schools of instruction +for army officers located at different army posts, the national military +parks at Chickamauga, Gettysburg, Shiloh, and Vicksburg, and the +national cemeteries in various parts of the country. The military +academy at West Point was founded in 1802. A certain number of cadets +(the number--for a long time one only--has varied at different periods) +are appointed from each congressional district and territory, upon the +nomination of the representative in Congress from the district; also +certain numbers from each state at large, from the District of Columbia, +and from the United States at large. All candidates are required to pass +a physical and intellectual examination; the course of instruction lasts +four years; and each cadet receives pay sufficient for his maintenance. +Graduates receive appointments as second lieutenants in the army, those +standing highest usually being appointed to the engineering corps if +they prefer assignment to that branch of the service. The secretary of +war exercises general supervision over the academy, and it is inspected +at regular intervals by a board of visitors of whom seven are appointed +by the President, two by the Vice President, and three by the speaker of +the house of representatives. + +[Illustration: WEST POINT CADETS] + +[Illustration: LOCK IN THE PANAMA CANAL] + +=The Department of the Navy= was created in 1798. At its head is a +secretary, who, like the head of the war department, is usually taken +from civil life. Like the war department, the navy department is +organized into the _Office of Naval Operations_ and a number of bureaus. + +_The Bureau of Navigation_ has charge of the recruiting service, the +training of officers and men, the naval academy; schools for the +technical education of enlisted men, apprentice schools, the naval home +at Philadelphia, transportation of enlisted men, records of squadrons, +ships, officers and men; the preparation of the naval register, +preparation of drill regulations, signal codes, and cipher codes. Under +this bureau falls the publication of the Nautical Almanac, charts and +sailing directions, the naval observatory, and the hydrographic office. + +_The Bureau of Yards and Docks_ has general control of the navy yards +and docks belonging to the government, including their construction and +repair, and also of the construction of battleships whenever such +construction is authorized by Congress. The navy yards are located at +Washington, Brooklyn, Mare Island (California), Philadelphia (League +Island), Norfolk, Pensacola, Cavite (in the Philippines), and various +other places. + +_The Bureau of Ordnance_ has charge of the supply of armament and +ammunition for the ships. It supervises the manufacture of guns and +torpedoes, installs armament on the vessels, and has charge of the naval +proving ground and magazines, the naval gun factory, and the torpedo +station. + +_The Bureau of Construction and Repair_ has charge of the planning, +building, and repairing of vessels, and of their equipment, excepting +their armament and engines. + +_Other Bureaus_ of the Navy Department, whose general duties are +indicated sufficiently by their titles, are: the bureau of engineering, +the bureau of medicine and surgery, and the bureau of supplies and +accounts. + +_The Judge-Advocate General_ is the law officer of the navy department +and performs duties similar to those of the judge-advocate general of +the war department. + +_The Major General Commandant of the Marine Corps_ issues orders for the +movement of troops under the direction of the secretary of the navy. + +The department of the navy also has general charge of the _United States +Naval Academy_ at Annapolis. The academy was founded in 1846, by George +Bancroft, then secretary of the navy. A specified number of midshipmen +are allowed for each member of Congress and each territorial delegate, +and certain numbers from the District of Columbia, from Porto Rico, and +from the United States at large.[90] Appointments are made by the +President after a physical and intellectual examination by a board, and +an allowance is made for maintaining each midshipman while in residence +at the academy. The course lasts four years and includes instruction in +gunnery, naval construction, steam engineering, navigation, mathematics, +international law, modern languages, etc. After the completion of the +course, midshipmen spend two years at sea, after which they receive +subordinate appointments in the navy or marine corps. + + [90] In addition, the secretary of the navy may appoint each year 100 + midshipmen from the enlisted men of the navy less than twenty years + old, the selection being based on competitive examinations. + +=The Department of Justice.=--The office of attorney-general was created +in 1789, and from the first the attorney-general was a member of the +cabinet; but for a long time the duties of the office were not +extensive, and it was not until 1870 that the office was made an +executive department with its present title and organization. + +_The Attorney-General_ is the chief law officer of the national +government and is the legal adviser of the President and the heads of +departments. He represents the United States before the Supreme Court in +cases in which it is a party, exercises a sort of administrative +supervision over the United States district attorneys and marshals and +over the federal penitentiaries, examines applications for pardons, and +advises the President in the exercise of his pardoning power. The +opinions which he renders on constitutional and legal questions referred +to him are published by the government in a series of volumes, and +altogether they constitute an important body of constitutional and +administrative law. Under the direction of the President he institutes +proceedings and prosecutes cases against corporations and persons for +violations of the laws of the United States, or directs the district +attorneys to do so. + +=The Post Office Department.=--At the head of the post office department +is the postmaster-general. He establishes and discontinues post offices, +appoints all postmasters whose compensation does not exceed $1,000 a +year, issues postal regulations, makes postal treaties with foreign +governments, with the approval of the President, awards mail contracts, +and has general supervision of the domestic and foreign postal service. +There is an assistant attorney-general for the post office department, +who advises the postmaster-general on questions of law, has charge of +prosecutions arising under the postal laws, hears cases relating to the +misuse of the mails, and drafts postal contracts. There are also four +assistant postmasters-general, each of whom has supervision over a group +of services within the department. The postal service has already been +described in chapter xiv. + +=The Department of the Interior.=--The interior department, established +in 1849, is one of the largest and most important of the ten executive +departments. Next to the post office department, the services which it +performs reach more people than those performed by any other department. +Its staff of employees at Washington ranks second in numbers only to +that of the treasury department. It has charge of the public lands, +Indian affairs, pensions, patents, the geological survey, and, to some +extent, the government of the territories. + +=The Public Lands.=--Perhaps the most important bureau in the interior +department is the _General Land Office_, which has charge of the public +lands, and the care and control of the forest reserves. Before the +public lands are sold or otherwise disposed of they must be surveyed. +For this purpose there are seventeen surveying districts, in each of +which there is a surveyor general. + +_Disposal of the Public Lands._--The public lands have been disposed of +with a somewhat lavish hand. In the early days liberal grants were made +to the soldiers of the Revolutionary War. Immense quantities have also +been sold at low rates--much of it at $1.25 per acre--in order to +encourage settlers to establish homes thereon. Considerable quantities +have also been granted to the states for educational purposes and the +construction of internal improvements. Beginning with Ohio in 1802, each +new state admitted to the Union was given one section in each township +for the support of elementary schools, and those admitted after 1850 +were given two sections in each township. Under the Morrill act of 1862, +10,000,000 acres were given to the states for the establishment of +colleges of agriculture and the mechanic arts. Some of the more recently +admitted states were given from one to four townships each for the +establishment of universities.[91] + + [91] The six states admitted between 1889 and 1890 were given + 23,000,000 acres. + +Before the Civil War, large quantities were given to the states for the +construction of canals and railroads. Large tracts of the public lands +have also been granted to private corporations as subsidies for the +building of transcontinental railways. Finally, by an act of 1902, the +proceeds from the sale of all public lands in seventeen Western states +are set aside for constructing irrigation works in those states. + +By the _preemption act_ of 1841, it was provided that 160 acres of land +should be given to any family living thereon for a period of six months +and paying $200 therefor. This act was repealed in 1891, but millions of +acres were disposed of during the fifty years it was in force. + +By the _homestead act_ of 1863, still in force, any head of a family may +acquire 160 acres by living on it for three years (it was five years +before 1912), cultivating a certain part of it, and paying a small fee. + +_The Public Lands now Remaining_ aggregate about 665,000,000 acres, +including those in Alaska. Of these lands a large part have been set +aside for Indian reservations, national parks, military reservations, +and national forests,[92] and is therefore not open to purchase or entry +under the homestead act. Arid lands are sold in tracts not exceeding 640 +acres at $1.25 per acre; mineral lands are sold at from $2.50 to $5 per +acre; timber and stone lands at a minimum of $2.50 per acre; town site +lands at a minimum of $10 per acre; and agricultural lands at $1.25 per +acre. + + [92] There are now 153 national forests, embracing 175,940,000 acres. + +_Land Offices_ are established in all the states where there is any +considerable amount of public land left. At each office there is a +register and a receiver who examines applications for entries and issues +certificates upon which patents or deeds are finally granted. + +=Indian Affairs.=--Another important branch of the government service +falling within the department of the interior is the management of +Indian affairs. For a long time each tribe was treated to some extent as +though it were an independent community, and was dealt with somewhat as +foreign nations are dealt with. In 1871, however, it was enacted that +henceforth no Indian tribe should be acknowledged or treated as an +independent nation or power with which the United States may contract by +treaty--an act which marks the beginning of the end of Indian tribal +authority. + +The policy of extending the jurisdiction of the government over the +Indians was begun by an act of 1885 which gave the United States courts +jurisdiction over seven leading crimes when committed by Indians on +their reservations. Previous to that time, crimes committed by Indians +against Indians within a reservation were left to be dealt with by the +tribal authorities themselves. + +_The Allotment Act._--By the Dawes act of 1887 the new Indian policy +begun in 1871 was still further extended. This act provided for the +allotment of Indian lands to individual members of the tribe, and +declared that Indians who accepted such allotments or who should leave +their tribe and adopt the habits of civilized life, should be considered +as citizens of the United States and entitled to all the rights and +privileges of citizens. Previous to this time the lands occupied by the +Indians were owned by the tribe as a whole and not by the individuals +who occupied them. Under this act, individual allotments aggregating +more than 30,000,000 acres have been made to 180,000 Indians. There +remain about 120,000 Indians, to whom allotments are still to be made. +The result of this policy will ultimately be to extinguish the Indian +tribes and incorporate them into the American body politic. + +_Indian Agents._--The control of the national government over the Indian +reservations is exercised largely through Indian agents appointed by the +President. They are charged with the regulation of trade with the +Indians, and have control of the distribution of rations. At each agency +one or more schools are maintained, and in addition to the reservation +schools there are schools for the higher education of Indians in various +parts of the country, the most important being at Lawrence, Kansas, and +Carlisle, Pennsylvania. The aggregate annual expenditures on account of +the service are now about $15,000,000, more than half of which consists +of payments due the Indians under treaty stipulations or of interest on +trust funds held by the government for them. The total amount of these +trust funds is about $50,000,000.[93] + + [93] The Secretary of the Interior says the Osage Indians are probably + the wealthiest people in the world, their average per capita wealth + being over $9,500. Some families have an income of $12,000 a year. + +=The Pension Bureau= has charge of the administration of the pension +laws. The payments on account of pensions now constitute the largest +item of expenditure by the national government. Before the outbreak of +the Civil War, pension expenditures rarely exceeded two million dollars +a year, and the total outlay for this purpose during the entire period +of our national history aggregated less than half the amount now +appropriated for a single year. According to the report of the +commissioner of pensions for 1919 there were 624,427 names on the +pension rolls, and the amount expended for pensions that year was over +$220,000,000. More than $5,000,000,000 has been expended for pensions +since the Civil War, a larger amount than the national debt incurred on +account of the war itself. + +=The Patent Office= includes a large number of officers, examiners, and +employees, who are under the direction of the commissioner of patents. +Their work is described on p. 260. + +=Minor Divisions of the Interior Department.=--_The Bureau of Education_ +was established in 1867. At its head is a commissioner whose duty it is +to collect and publish statistics and other information concerning the +methods, conditions, and progress of education in the United States. +Each year he publishes an elaborate report summarizing the educational +progress of the country, together with monographs by experts on special +topics of educational interest. The commissioner is also charged with +the administration of the funds appropriated for the support of the +colleges of agriculture and mechanic arts and with the supervision of +education in Alaska and the reindeer industry in that country. + +_The Geological Survey_ was established as a bureau in the department of +the interior in 1879. It is under the control of a director who is +charged with the classification of the public lands and the examination +of the geological structure, mineral resources, and mineral products of +the public lands and the survey of the forest reserves. The bureau has +undertaken the preparation of topographical and geological maps of the +United States, a considerable portion of which has been completed, the +collection of statistics of the mineral products, the investigation of +mine accidents, the testing of mineral fuels and structural materials, +and the investigation of surface and underground waters. + +_The Bureau of Mines_, created in 1911, is charged with conducting +investigations looking toward the prevention of mine accidents, the +introduction of improvements in the general health and safety +conditions, the conservation of mineral resources, etc. The bureau +reported in 1913 that it had brought about a reduction in the number of +fatalities due to explosions, from 30 to 13 per cent. + +=The Department of Agriculture.=--A so-called "department" of +agriculture was established in 1862, though its rank was only that of a +bureau and its head bore the title of commissioner. From time to time, +the scope and functions of the "department" were extended until 1889, +when it was raised to the rank of a cabinet department with a secretary +at its head. Like the other departments, it is organized into bureaus, +offices, and divisions. + +_The Weather Bureau_ has charge of the preparation of weather forecasts +and the display of storm, cold wave, frost, and flood warnings for the +benefit of agriculture, commerce, and navigation. + +_The Bureau of Animal Industry_ conducts the inspection of animals, +meats, and meat food products under the act of Congress of June 30, +1906, and has charge of the inspection of import and export animals, the +inspection of vessels for the transportation of export animals, and the +quarantine stations for imported live stock; supervises the interstate +transportation of animals, and reports on the condition and means of +improving the animal industries of the country. + +_The Bureau of Plant Industry_ studies plant life in its relations to +agriculture. It investigates the diseases of plants and carries on field +tests in the prevention of diseases. It studies the improvement of crops +by breeding and selection, maintains demonstration farms, and carries on +investigations with a view to introducing better methods of farm +practice. It conducts agricultural explorations in foreign countries for +the purpose of securing new plants and seeds for introduction into the +United States. It studies fruits, their adaptability to various +climates, and the methods of harvesting, handling, storing, and +marketing them. + +_The Forest Service_ is charged with the administration of the National +Forests. It also gives practical advice in the conservation and handling +of national, state, and private forest lands, and in methods of +utilizing forest products; investigates methods of forest planting, and +gives practical advice to tree planters; studies commercially valuable +trees to determine their best management and use; gathers statistics on +forest products, in cooperation with the bureau of the census, and +investigates the control and prevention of forest fires, and other +forest problems. + +_The Bureau of Chemistry_ conducts investigations into the chemical +composition of fertilizers, agricultural products, and food stuffs. In +pursuance of the pure food law of 1906, it examines foods and drugs +intended to be sent from one state to another, with a view to +determining whether they are adulterated or misbranded. It also conducts +investigations of food stuffs imported from abroad and denies entry to +such as are found unwholesome, adulterated, or falsely labeled. It also +inspects food products intended to be exported to foreign countries +where standards of purity are required. + +_Other Bureaus_, whose duties are indicated by their titles, are: the +bureau of soils, the bureau of crop estimates, the bureau of entomology, +the bureau of biological survey, the bureau of markets, and the bureau +of public roads. + +=The Department of Commerce= embraces what remains of the department of +commerce and labor created in 1903, and divided in 1913 by the creation +of the department of labor. It is charged with the promotion of the +commerce of the United States and its mining, manufacturing, shipping, +fishing, and transportation interests. + +_The Bureau of the Census_ is charged with the duty of taking the +decennial census of the United States, including the collection of such +special statistics as Congress may authorize. The first census, that of +1790, was taken under the direction of the United States marshals in +their respective districts; the statistics collected related only to +population, and the schedule embraced only six questions. In 1880 the +use of the marshals was done away with and a corps of census supervisors +provided. Until 1902 the machinery for taking the census was organized +anew for each census, but in the latter year provision was made for a +permanent census bureau. The schedule of inquiries has increased from +decade to decade until it now embraces a wide range of questions +relating not only to population, but also to vital statistics, +agriculture, manufactures, defective and criminal classes, cotton +production, statistics of cities, state and local finances, +transportation, mining, and various other matters, the results of which +are published in a series of large volumes and in special bulletins. At +the head of the bureau is a director, who is aided by an assistant +director, a number of statisticians and experts, and a corps of local +supervisors and enumerators. The census work was in the charge of the +department of state until 1850, when it was transferred to the +department of the interior. + +_The Bureau of Navigation_[94] is charged with the general +superintendence of the merchant marine of the United States and of the +enforcement of the navigation laws. It has charge of the registration of +American vessels engaged in the foreign trade, and of the enrollment and +licensing of vessels in the coasting trade. It supervises the execution +of the tonnage laws and the collection of tonnage duties; prepares an +annual list of vessels registered under the American flag; and +supervises the work of the United States shipping commissioners, who +administer the laws for the protection of seamen. + + [94] This bureau in the department of commerce must not be confused + with the bureau of navigation in the navy department, already + described. + +_The Steamboat Inspection Service_ is charged with the administration of +the laws providing for the inspection of steam and sailing vessels +registered under the American flag; with the examination and licensing +of officers of such vessels, and with the protection of life and +property on water. At the head of the service is an inspector general, +who is aided by ten supervising inspectors, each of the latter having +under his supervision a number of local inspectors stationed at the +important commercial ports. All vessels must be inspected once a year as +to their safety, construction, and facilities for protection against +fire. + +_The Bureau of Fisheries_ has control of fish hatcheries in many parts +of the country, for the propagation of useful food fishes; studies fish +culture and the causes of the decrease of food fishes; collects +statistics in regard to the fishery industry; and in general promotes +the fishery interests. It supervises the salmon fisheries of Alaska and +the fur seal industry on the Pribilof Islands of the Bering Sea. + +_The Bureau of Lighthouses_ is charged with the construction and +maintenance of lighthouses, light vessels, beacons, fog signals, buoys, +and other aids to navigation. The seaboard is divided up into lighthouse +districts, in each of which is a naval officer who serves as inspector +and has immediate charge of the supply, maintenance, and administration +of the lighthouses in his district. At each lighthouse there is a keeper +and one or more assistant keepers. The establishment now consists of +more than 1,500 lighthouses and beacons, a fleet of light-ships, and +more than 6,000 buoys. Since 1910 the service has been under the +supervision of a commissioner. + +_The Bureau of Standards_, established in 1901, is charged with the +custody of the national standards, the testing of measuring apparatus, +and the investigation of problems relating to standards of weighing and +measuring. + +_The Coast and Geodetic Survey_ is charged with the survey of the coasts +and of rivers to the head of tide water, and the publication of charts +of the same; the investigation of questions relating to temperature, +tides, currents, and the depths of navigable waters; the making of +magnetic observations; the determination of geographic positions, and +the like. The results are published in annual reports and special +publications. It prepares tables, sailing directions, charts of the +coasts, harbor charts, notices to mariners, and other publications for +the use of mariners. + +_The Bureau of Foreign and Domestic Commerce_ is charged with fostering +and developing the various manufacturing interests of the United States +and extending the markets for manufactured articles abroad, by +collecting and publishing all available and useful information +concerning such markets and industries. It publishes statistics of +commerce, finance, etc., consular and trade reports, and an annual +volume known as the "Commercial Relations of the United States." + + _The Bureau of Corporations_, created in 1903, was intended mainly + to furnish an agency for the investigation of corporations + suspected of violating the anti-"trust" laws of the United States. + It was authorized to investigate the organization and methods of + any corporation or joint-stock company engaged in foreign or + interstate commerce (except common carriers subject to the + interstate commerce act) and to report to the President such + information as might be of value in enabling him to enforce the + anti-"trust" laws. It was abolished in 1914 and its duties were + devolved upon the newly created Federal Trade Commission, which has + already been described (see p. 245). + +=The Department of Labor= was created in 1913, and is charged with +fostering, promoting, and developing the welfare of the wage earners of +the United States, especially the improvement of the conditions under +which they work and the advancement of their opportunities for +profitable employment. + +_The Bureaus of Immigration and Naturalization_, formerly consolidated +in the department of commerce and labor, were divided in 1913 and +transferred to the new department of labor. They are charged +respectively with the administration of the immigration laws and the +administration of the naturalization laws of the United States.[95] + + [95] See also pp. 238-239. The increase in the number of immigrants by + decades is shown by the following table: + + -------------------------+-------------------------+----------------- + DECADE | POPULATION AT BEGINNING | TOTAL NUMBER OF | OF DECADE | + IMMIGRANTS | | + -------------------------+-------------------------+----------------- + 1821-1830................| 9,633,822 | 143,439 + 1831-1840................| 12,866,020 | 599,125 + 1841-1850................| 17,069,453 | 1,713,251 + 1851-1860................| 23,191,876 | 2,598,224 + 1861-1870................| 31,443,321 | 2,314,824 + 1871-1880................| 38,558,371 | 2,812,191 + 1881-1890................| 50,155,783 | 5,246,613 + 1891-1900................| 62,622,250 | 3,687,564 + 1901-1910................| 75,994,575 | 8,793,386 + -------------------------+-------------------------+----------------- + + In 1916 naturalization certificates were issued to 93,911 persons and + declarations of intention to become citizens were made by 207,935. + +_The Bureau of Labor Statistics_, formerly known as the bureau of labor, +was transferred from the former department of commerce and labor in +1913. It is charged with collecting and diffusing among the people of +the United States useful information on subjects connected with labor +in the most general and comprehensive sense of that word, and especially +upon its relations to capital, the hours of labor, the earnings of +laboring men and women, and the means of promoting their material, +social, intellectual, and moral prosperity. + +It is especially charged with investigating the causes of and facts +relating to all controversies and disputes between employers and +employees. It publishes from time to time the results of elaborate +investigations on various subjects relating to labor and industry, and +also issues a bimonthly bulletin on special topics within the same +field. + +_The Children's Bureau_, established in 1912, is charged with the +investigation of problems relating to the welfare of children, such as +the conditions of the employment of children, the causes of infant +mortality, etc. + +In 1920 the _Women's Bureau_ was established to promote the welfare of +wage-earning women. + + + =References.=--ANDREWS, Manual of the Constitution, pp. 327-352. + BEARD, American Government and Politics, ch. xi. BRYCE, The + American Commonwealth (abridged edition), ch. viii. FAIRLIE, + National Administration of the U. S., ch. iv. HARRISON, This + Country of Ours, chs. xi-xviii. + + =Documentary and Illustrative Material.=--1. The Congressional + Directory. 2. Annual reports of the heads of department and other + officials, such as the commissioner of pensions, the commissioner + of the general land office, the commissioner general of + immigration, the civil service commission, the interstate commerce + commission, etc. + + +RESEARCH QUESTIONS + +1. What is the origin of the term "cabinet"? On what days are cabinet +meetings now held? + +2. What are the principal differences between the American cabinet and +the British cabinet? + +3. Do you think the members of the cabinet should be members of +Congress? If not, ought they to be allowed seats in Congress without the +right to vote? + +4. Do you think the President ought ever to disregard the advice of his +cabinet? + +5. Give the names of five distinguished secretaries of state since 1789. + +6. Washington's first cabinet was composed of an equal number of members +from both political parties. Would it be wise to follow that practice? + +7. Why is the secretary of the treasury required to make his annual +reports to Congress while the other heads of departments make theirs to +the President? + +8. Would it be wise to elect the heads of departments of the federal +government by popular vote as those of the state governments usually +are? + +9. Do you think the secretary of war ought to be an army officer as is +the usual practice in Europe? + +10. Why is the postmaster-generalship usually given to an active party +manager? + +11. Why is an importer ineligible under the law to appointment as +secretary of the treasury? + +12. Why is the department of state really misnamed? Would the title +"department of foreign affairs" indicate more precisely the duties of +the department? + +13. What is your opinion of the movement to establish a department of +public health? + +14. Do you think the bureau of education should be raised to the rank of +a department? + +[Illustration: THE UNITED STATES SUPREME COURT] + +[Illustration: THE SUPREME COURT ROOM] + + + + +CHAPTER XVIII + +THE FEDERAL JUDICIARY + + +=Establishment of the federal Judiciary.=--The Articles of +Confederation, as we have seen, made no provision for a national +judiciary. Hamilton declared this to be the crowning defect of the old +government, for laws, he very properly added, are a dead letter without +courts to expound their true meaning and define their operations. During +the period of the Confederation, the national government was dependent +for the most part, as has been said, on the states for the enforcement +of its will. Thus if some one counterfeited the national currency, +robbed the mails, or assaulted a foreign ambassador, there was no +national court to take jurisdiction of the case and punish the offender. +The only way by which he could be brought to justice and the authority +of the national government upheld was through the kindly assistance of +some state court, and this assistance was not always cheerfully lent nor +was it always effective when tendered. Congress to be sure acted as a +court for the settlement of disputes between the states themselves, but +a legislative assembly is never well fitted for exercising judicial +functions. In the absence of a national judiciary it proved impossible +to enforce solemn treaty stipulations to which the United States was a +party, a fact which led Great Britain to refuse to carry out certain of +her treaty engagements with the United States. + +=The Judicial Power of the United States.=--The framers of the +Constitution decided that the jurisdiction of the national courts should +be restricted to questions of national interest and to those involving +the peace and tranquillity of the Union, such as disputes between the +states themselves and between citizens of different states, and that the +jurisdiction of all other controversies should be left to the +determination of the courts of the several states. The jurisdiction of +the federal courts, therefore, was made to include all cases whether of +law or equity arising under the national Constitution, the laws of the +United States, and all treaties made under their authority; all cases +affecting ambassadors, other public ministers, and consuls; all cases of +admiralty and maritime jurisdiction; all controversies to which the +United States is a party; all controversies between two or more states; +and between a state, or the citizens thereof, and foreign states or +citizens or subjects thereof.[96] + + [96] In two classes of these cases, namely, those in which ambassadors, + other public ministers, and consuls are parties and those in which a + state is a party, the Supreme Court has _original_ jurisdiction, that + is, the right to hear and determine the case in the first instance. But + that does not mean that the Supreme Court has exclusive jurisdiction in + such cases. Other federal courts may try such cases, and as a matter of + fact few original suits have ever been brought in the Supreme Court. In + the other classes of cases mentioned, the Supreme Court has _appellate_ + jurisdiction (with such exceptions as Congress may make), that is, such + cases must be commenced in the lower courts, from which they may be + taken on appeal to the Supreme Court. + +The wisdom and propriety of giving the federal courts jurisdiction over +all such cases are obvious, since they involve either national, +interstate, or international questions. Manifestly, the state courts +could not properly be left to determine finally controversies involving +the meaning or the application of provisions of the federal +Constitution, laws, or treaties, since in that case they would not be +what they are declared to be, namely, the supreme law of the land. +Conflicting decisions would be rendered by the courts of different +states, and in case of inconsistency between state constitutions and +laws on the one hand and the federal Constitution, laws, and treaties on +the other, the state courts would be under the temptation to uphold the +validity of the former. + +_The Eleventh Amendment._--As originally adopted, the Constitution +permitted suits to be brought in the federal courts against a state by +citizens of another state or by citizens of foreign countries, and when +a suit brought against the state of Georgia in 1793 by a citizen of +South Carolina named Chisholm for the recovery of a debt was actually +entertained by the Supreme Court, widespread popular indignation +followed the decision. The authorities of Georgia felt that it was +derogatory to the dignity of a sovereign state that it should be made +the defendant in a suit brought by a private individual, and a demand +was made that the Constitution be amended so as to prevent such "suits" +in the future. As a result of this demand, the Eleventh Amendment was +adopted in 1798 which declared that the judicial power of the United +States should not be construed to extend to suits brought against a +state by citizens of another state or of a foreign country. Nevertheless +while a state cannot be made a defendant in a federal court at the +instance of a private individual of another state, the federal courts +may entertain jurisdiction of suits between a state and a citizen of +another state provided the state is the plaintiff. + +_How Cases "Arise."_--A case "arises" under the Constitution, laws, or +treaties whenever a suit is filed involving a right or privilege +thereunder. Until a case "arises," that is, until it comes before the +courts in due form, they will take no notice of it. When President +Washington in 1793 sought the opinion of the Supreme Court on certain +points involving our obligations to France under the treaty of alliance +of 1778 it declined to answer his question, holding that it could give +opinions only in cases properly brought before it. + +=The Regular Federal Courts.=--The Constitution declares 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. The Supreme Court, therefore, is the only federal tribunal +which owes its existence to the Constitution, the others being created +by statute. Even as to the Supreme Court Congress has considerable power +of control, since it determines the number of judges of which it shall +be composed, and the amount of their compensation. But it cannot remove +any judge except upon impeachment, or reduce his compensation after he +has once been appointed. + +_The Supreme Court_ is at present composed of one Chief Justice and +eight associate justices. It holds its sessions in the city of +Washington from October to May of each year. Practically all the cases +which it hears are those appealed from the lower courts. When a case has +been argued, the court holds a consultation at which the points involved +are considered and a decision is reached. The Chief Justice then +requests one of his associates to prepare the opinion of the court, or +he may prepare it himself, after which it is scrutinized by the court at +a second conference and approved. Any member of the court who disagrees +with the majority may file a dissenting opinion, a right frequently +taken advantage of. The concurrence of at least five of the nine judges +is necessary to the validity of a decision, and as a matter of fact, +many important decisions have been rendered in recent years by a bare +majority of the court. The opinions rendered are published as the +_United States Reports_, of which there are now more than 200 volumes. +They constitute the great authoritative source of the constitutional law +of the United States, are studied by lawyers and judges, and are relied +upon by the courts as precedents for the decisions of future cases +involving similar points of law.[97] There is a reporter who arranges and +publishes the opinions, a clerk who keeps the records, and a marshal who +attends the court, preserves decorum, and enforces its orders. + + [97] The justices of the Supreme Court wear black silk gowns when + holding court. The Chief Justice sits in the middle of a row of chairs, + his associates being arranged on his right and left in the order of + seniority of service. + +_The Circuit Courts of Appeals._--Next below the Supreme Court are the +circuit courts of appeals, nine in all--one for each of the judicial +circuits into which the country is divided.[98] These courts were created +by act of Congress in 1891 to relieve the Supreme Court from an +accumulation of business that rendered the prompt decisions of cases +impossible, the docket of the court having become so overcrowded that it +was about three years behind with its business. The act creating the +circuit courts of appeals, however, did not provide an additional class +of judges to hold these courts, but enacted that each of them should be +held by three judges assigned for the purpose from among the judges of +the circuit. The judges of each circuit include one justice of the +Supreme Court assigned to the circuit, two or more circuit judges +appointed for the circuit, and a considerable number of district judges, +each appointed for a district in the circuit. Most circuit courts of +appeals are held by three circuit judges; but occasionally by two +circuit judges together with a district judge or the Supreme Court +justice. The circuit courts of appeals have only appellate jurisdiction, +that is, they hear and determine only cases appealed from the lower +courts, and their decisions are final in most cases. This relieves the +Supreme Court of all but the most important cases, and enables it to +give more attention to the cases before it and to dispatch its business +more promptly. + + [98] The first circuit embraces Maine, Massachusetts, New Hampshire, + and Rhode Island; the second, Connecticut, New York, and Vermont; the + third, Delaware, New Jersey, and Pennsylvania; the fourth, Maryland, + North Carolina, South Carolina, Virginia, and West Virginia; the fifth, + Alabama, Florida, Georgia, Louisiana, Mississippi, and Texas; the sixth + Kentucky, Michigan, Ohio, and Tennessee; the seventh, Illinois, + Indiana, and Wisconsin; the eighth, Arkansas, Colorado, Oklahoma, Iowa, + Kansas, Minnesota, Missouri, Nebraska, New Mexico, North Dakota, South + Dakota, Utah, and Wyoming; the ninth, Alaska, Arizona, California, + Idaho, Montana, Nevada, Oregon, Washington, and Hawaii. + +_Former Circuit Courts._--Prior to 1911 next below the circuit courts of +appeals were the circuit courts, which were held in the different +districts within the circuit, either by a circuit judge or by the +justice of the Supreme Court assigned to the circuit, or by a district +judge, or by the three, or any two of them, sitting together. In 1911 +the circuit courts were abolished and their jurisdiction conferred on +the district courts. The circuit judges, however, were retained and will +henceforth sit in the circuit courts of appeal. + +_The District Courts._--The lowest grade of federal court is the district +court, held in each of the districts (about eighty) into which the +country is divided. In some cases a state constitutes one district; in +other cases a state is divided into two, three, four, or five +districts. Usually there is one judge for each district, though in a few +cases there are several judges for a single district, each holding court +separately. + +The jurisdiction of the district court embraces civil and criminal cases +under the laws of the United States--such as suits for the infringement +of patents and copyrights, admiralty cases, bankruptcy proceedings, +revenue cases; and offenses against the United States revenue laws, laws +against counterfeiting, the public land laws, the pure food laws, the +postal laws, and the interstate commerce laws. Controversies between +citizens of different states may also be brought to this court.[99] + + [99] Such suits may also be brought in the state courts but may at the + option of the defendant be transferred to a federal court for trial. + Many lawyers prefer to bring their suits in the state courts even when + they have the privilege of suing in the federal courts, because of + their greater familiarity with the procedure of these courts. + +In most cases appeals may be taken from the decisions of the district +courts to the circuit courts of appeals or to the Supreme Court. + +=Federal Attorneys, Marshals, and Clerks.=--In each of the federal +judicial districts, there is a United States attorney who prosecutes +violations of the federal laws in his district. There is also in each +district a United States marshal who bears somewhat the same relation to +the federal court that a sheriff does to a state court. He executes the +processes of the court, arrests offenders, and performs other +ministerial functions for the court. In each district there is a clerk +who has custody of the seal of the court and keeps a record of its +proceedings, orders, judgments, etc. The marshal and attorney are +appointed by the President, but the clerk is chosen by the court +itself. + +In each district, also, the court appoints a number of United States +commissioners who are empowered to issue warrants for arrest, take bail, +determine whether accused persons shall be held for trial, and perform +other duties somewhat similar to those discharged by justices of the +peace under the judicial system of the state. + +=The Regular Federal Judges.=--_Appointment._--All federal judges are +appointed by the President, by and with the advice and consent of the +Senate. The judges of most of the states, as we have seen, are now +chosen by popular election, but that method did not commend itself to +the framers of the federal Constitution. The existing method of +appointing federal judges has given general satisfaction, and with +remarkably few exceptions, the persons appointed to the federal bench +have been men of integrity and fitness.[100] + + [100] For a description of the comparative merits of the various + methods of selecting judges, see pp. 113-114. + +The _term_ for which all the regular federal judges are appointed is +good behavior. This is virtually for life, since they cannot be removed +except by impeachment.[101] All other officers of the United States are +appointed for definite terms, usually for four years. Except in a few +states, the state judges are elected for definite terms ranging from two +years to twenty-one years (p. 113). The framers of the federal +Constitution, however, were deeply impressed with the advantages of a +judiciary possessing the qualities of permanency and independence, and +they wisely provided that the judges should hold their offices so long +as their official conduct was above reproach. + + [101] For a list of federal judges who have been impeached see p. 194. + +_Compensation._--The Constitution declares that the judges shall receive +at stated times a compensation for their services which shall not be +diminished during their continuance in office. As we have seen, the +compensation of the President can neither be increased nor diminished +during the time for which he is elected, but the prohibition in the case +of the judges applies only to a reduction of their salaries. Increases +are permitted to be made at any time. The compensation now allowed the +chief justice of the Supreme Court is $15,000 a year, and the associate +justices $14,500, amounts which are low in comparison with the salaries +of the highest English judges, who receive $25,000 a year. The circuit +judges receive $8,500 a year, and the district judges $7,500. + +Any judge of a United States court having held his commission ten years +and having attained the age of seventy years, may retire from the bench +and receive the same salary during the rest of his life that was payable +to him at the time of his resignation. Few judges do retire, however. + +=Power of the Supreme Court to Declare Laws Unconstitutional.=--An +important power of the Supreme Court for which there is no direct +authority in the Constitution, is that of declaring acts of Congress +which are in conflict with the Constitution, null and void and of no +effect. This power was first exercised by the Supreme Court in 1801 in +the famous case of Marbury v. Madison. Congress had passed an act giving +the Supreme Court original jurisdiction in certain cases where the +Constitution says it should have appellate jurisdiction, and when the +act came before the court for enforcement it declined to be bound by it. +The great chief justice, John Marshall, wrote the opinion of the court +which held the act of Congress null and void. His argument, in brief, +was that the Constitution is the supreme law of the land and the judges +are bound to give effect to it. When, therefore, the court is called +upon to give effect to a law of Congress which is clearly in conflict +with the higher law of the Constitution, it must give the preference to +the latter, otherwise the declaration in favor of the supremacy of the +Constitution would have no meaning. Down to 1913 the Supreme Court had +declared thirty-three acts of Congress, or parts of such acts, +unconstitutional. + +_Power to Declare State Laws Unconstitutional._--Laws passed by the +state legislatures, ordinances of municipal councils, and even the +provisions of state constitutions themselves may be declared null and +void by the Supreme Court in case they are in conflict with the national +Constitution or the laws and treaties made in pursuance thereof. It has +already been pointed out that appeals may be taken to the federal +Supreme Court from the highest courts of a state whenever a right, +title, or privilege under the federal Constitution is involved and the +state court has decided against the right or privilege claimed. Thus +where one is prosecuted and convicted under a state law or provision of +a state Constitution which he claims is contrary to some provision in +the federal Constitution or laws, he has a right to appeal to the United +States Supreme Court and have the question of the constitutionality of +the state law finally determined there. This is a necessary consequence +of the supremacy of the federal Constitution and laws over those of the +states. More than 200 acts of state legislatures have been pronounced +null and void by the United States Supreme Court.[102] + + [102] Baldwin, "The American Judiciary," p. 106. + +Sometimes inferior federal courts declare acts of Congress and of the +state legislatures to be unconstitutional, but in all such cases an +appeal may be taken to the Supreme Court for final review. + +=Special Courts of the United States.=--In addition to the three classes +of United States courts, already described, several tribunals of a +special or temporary character have been created to hear and determine +particular classes of controversies. Some of these courts are held by +judges who are appointed for definite terms. + +_The Court of Claims_ was created in 1855 to pass upon claims against +the government. It consists of a chief justice and four associate +justices who serve during good behavior. It is a well-established +principle of public law that a sovereign state cannot be sued against +its will. Before the creation of this court claims against the +government had to be considered by Congress, a body which aside from +being ill fitted for the hearing of such cases, was overburdened by the +necessity of considering the large number of claims annually laid before +it. The government now allows itself to be sued in this court on most +claims of a contractual nature, but the judgments of the court cannot be +paid until Congress appropriates the money for their payment, and hence +the court cannot issue an execution to enforce its findings. At each +session of Congress, an appropriation is made to satisfy any judgments +made or which may be made by the court. Appeals are allowed to be taken +from the court of claims to the Supreme Court on questions of law. Among +the more important classes of claims that have been adjudicated by this +court were the French Spoliation claims, and Indian depredation claims, +both involving numerous claims and very large amounts in the aggregate. + +In 1906 a United States court was established in China to exercise +jurisdiction in certain cases previously exercised by the consuls. It is +held by a single judge appointed by the President for a term of four +years. + +The tariff law of 1909 created a _United States Court of Customs +Appeals_, consisting of a presiding judge and four associates, to hear +appeals from the board of general appraisers in cases involving the +construction of the law and facts respecting the classification of +imported articles and the rate of duty imposed thereon. + +In 1910 a _Commerce Court_ was created, to decide appeals from the +orders of the Interstate Commerce Commission; but in 1913 this court was +abolished. + +In the _District of Columbia_ Congress has created two courts, with +judges appointed to hold office during good behavior: the supreme court +of the district, consisting of a chief justice and five associate +justices; and the court of appeals, consisting of a chief justice and +two associate justices. Appeals may be taken from the former to the +latter, whose decisions in some cases are reversible by the Supreme +Court of the United States. Appeals may also be taken from the decisions +of the commissioner of patents to the court of appeals of the District +of Columbia. + +In each of the _territories_ there are supreme and district courts +established by Congress in pursuance of its power to provide for the +government of the territories, but they are not considered as a part of +the judicial system of the United States, although the judges are +appointed by the President.[103] + + [103] In most of the countries of continental Europe there is a special + class of tribunals called "administrative courts" to decide + controversies between private individuals and the public authorities. + There are no such courts in the United States, although the customs + court, the court of claims, and the interstate commerce commission bear + some resemblance to an administrative court. Many "administrative" + questions are decided by such officials as the secretary of the + treasury, the commissioner of immigration, and the commissioner of + patents. + +=Constitutional Protections in the Federal Courts.=--The Constitution +contains a number of provisions intended to protect accused persons +against unauthorized prosecutions in the federal courts, as well as +against arbitrary procedure in the course of the trial. As the +Constitution originally stood, it contained few provisions of this kind; +and this fact constituted one of the most serious objections urged +against the ratification of that instrument. In consequence of this the +first ten Amendments were adopted in 1790, and of these no less than +five relate to the rights of accused persons on trial in the federal +courts. + +Most important of all, perhaps, the _Sixth Amendment_ declares that in +criminal prosecutions (in the federal courts) the accused shall enjoy +the right to a speedy and public trial, by an impartial jury of the +state and district wherein the crime shall have been committed; that he +shall be informed of the nature and cause of the accusation; that he +shall have the right to be confronted by the witnesses against him; that +he shall have compulsory process for obtaining witnesses in his favor; +and that he shall have the assistance of counsel for his defense.[104] + + [104] The purpose and meaning of these guarantees are discussed in + chapter vi, pp. 118-119. + +The _Fifth Amendment_ protects the accused from prosecution in capital +cases or cases involving infamous crime except upon indictment by a +grand jury. Some of the states, as we have seen, have abolished the +grand jury, and provided for prosecutions in their courts without the +intervention of such an agency, but no person may be prosecuted in a +federal court for a serious crime until he has been held for trial by a +grand jury. The same amendment also forbids the trial of a person a +second time for the same offense, if he was acquitted on the first +trial; declares that he shall not be compelled to testify against +himself; that he shall not be deprived of life, liberty, or property +without due process of law; and that private property shall not be taken +for public use without just compensation. + +_The Fourth Amendment_ declares among other things that no warrant for +arrest (by the federal authorities) shall be issued except upon probable +cause, supported by oath or affirmation and particularly describing the +person to be seized. This provision is designed to prevent arbitrary +arrests of persons on mere suspicion. It prohibits general search +warrants such as were commonly used by the British authorities in the +colonies prior to the outbreak of the Revolution and which were +popularly known as "writs of assistance." Such warrants did not mention +the name of the person to be arrested but permitted the officer to +insert any name in the warrant and arrest whomsoever he might choose. + +_The Eighth Amendment_ declares that excessive bail shall not be +required, nor excessive fines imposed, nor cruel and unusual punishment +inflicted. The purpose of the first provision is discussed on p. 119. +The purpose of the other two prohibitions is to prevent the old +severities of the penal code that were common two hundred years ago. + +_Treason._--Among the crimes in the prosecution of which judges were +frequently arbitrary and which were punished with undue severity, was +that of treason. Treason has always been regarded as the highest crime +known to society, because it seeks the overthrow or destruction of the +government itself. In earlier times, judges frequently construed +offenses to be treasonable which were not declared so by the laws. This +was known as _constructive_ treason. To prevent them from construing the +existence of treason where it really did not exist, parliament therefore +passed a statute during the reign of Edward III defining the offense +with more or less precision, and this definition in substance was +incorporated in the Constitution of the United States, This provision +declares that treason against the United States shall consist only in +levying war against them or in adhering to their enemies, giving them +aid and comfort. The Supreme Court in interpreting this provision has +ruled that in order to constitute treason there must be an actual +levying of war or an assembling of persons for the purpose of making +war; that a mere conspiracy to subvert the government by force is not +treason, but after the war has once begun, all those who perform any +part, however minute or remote, or who give aid and comfort to the +enemy, are traitors and as such are liable to the penalties of treason. +To protect persons accused of treason against conviction upon the +testimony of a single witness, the Constitution requires the testimony +of two witnesses to the act, or confession in open court, to convict. +Congress is authorized to prescribe the punishment of treason, but the +Constitution declares that no attainder of treason shall work corruption +of blood or forfeiture except during the life of the person attainted. +Under the old law, a person convicted of treason was not only put to +death in a barbarous manner, but his blood, was considered as +"corrupted" or "attainted," so that as a matter of course, without any +decree of the court to that effect, his children could not inherit +property or titles through him. Thus the innocent offspring of the +traitor were punished for the offense of the parent. The provision of +our Constitution places the punishment on the offender alone. + + + =References.=--ANDREWS, Manual of the Constitution, pp. 201-223. + BALDWIN, The American Judiciary, ch. ix. BEARD, American Government + and Politics, ch. xv. BRYCE, The American Commonwealth (abridged + edition), chs. xxi-xxii. HARRISON, This Country of Ours, chs. + xx-xxi. HART, Actual Government, ch. xvii. + + =Documentary and Illustrative Material.=--1. The Congressional + Directory, which contains a list of the higher judges and the + judicial districts. 2. Specimen copies of decisions of the Supreme + Court. These may be obtained from the clerk of the Supreme Court at + Washington. + + +RESEARCH QUESTIONS + +1. Name the Chief Justices of the United States Supreme Court from 1789 +to the present time. + +2. Name the present members of the Supreme Court and give the date of +the appointment of each. (See Congressional Directory). + +3. In which one of the nine judicial circuits of the United States do +you live? Who is the Supreme Court justice assigned to the circuit? Who +are the circuit judges of the circuit? + +4. Who is the United States district judge for your district? At what +places in your state are United States district courts held? + +5. Who is the United States attorney for your district? The United +States marshal? + +6. What is meant by the terms "constitutional" and "unconstitutional" as +applied to an act of Congress? Do you think the courts should be allowed +to declare a law unconstitutional? + +7. Do you think it is a wise provision which allows federal judges to +serve during good behavior? + +8. It has been proposed by a well-known public man that federal judges +should be elected by the people. What is your opinion of the +proposition? + +9. Do you think the present salary allowed justices of the Supreme Court +large enough to attract the best judicial talent? + +10. Do you think the Supreme Court is ever justified in reversing its +own decisions, or should it stand by the precedents? + +11. What is the meaning of the term obiter dicta as applied to a +judicial opinion? + +12. Do you think it is a wise practice for judges who disagree with the +majority of the court to file dissenting opinions? + +13. A recent President took occasion to criticize publicly a federal +judge for a decision which he rendered in a "trust" case. Do you think +judges should be criticized for their decisions? + +14. Are juries ever made use of in federal courts? If so, when? + +15. Why have federal judges been criticized for issuing injunctions? + +16. When may an appeal be taken from a state court to a federal court? + +17. The Supreme Court has always refused to decide "political" +controversies. What is a "political" as opposed to a "legal" +controversy? Give examples. + + + + +CHAPTER XIX + +GOVERNMENT OF THE TERRITORIES AND DEPENDENCIES + + +=Power of Congress over the Territories.=--The Constitution expressly +confers upon Congress the power to dispose of and make all needful rules +and regulations respecting the territory or other property belonging to +the United States. In dealing with the territories the powers of +Congress are general or residuary in character, whereas when it +legislates for that part of the country which has been erected into +states, its powers are specifically enumerated. Congress, therefore, may +establish practically any form of government in the territories that it +chooses. It may, if it wishes, set up therein a military government or +it may establish civil government with such limitations and exceptions +as it may wish. In the latter case it may allow the inhabitants a +legislative assembly for purposes of local legislation, or Congress may +legislate directly for them itself. And in case it permits the +inhabitants to have a legislative assembly of their own and to enact +their own laws, Congress may veto or modify any law passed by such +legislature. Indeed, says the Supreme Court, Congress may make valid an +invalid act passed by a territorial legislature as well as declare +invalid a valid act passed by it. + +_Does the Constitution Extend to the Territories?_--A subject much +discussed, especially at the time of the acquisition of Porto Rico and +the Philippines, was whether such provisions of the Constitution as +were applicable extended of their own force to new territories +immediately upon the establishment of American sovereignty over them; +that is, whether the Constitution "follows the flag" or whether its +provisions apply only when extended by act of Congress. One party +asserted that such provisions go wherever the sovereignty of the United +States goes, that the government cannot be carried to any new territory +unless accompanied by the Constitution from which it derives its +authority, and that Congress has no power to withhold such provisions as +are applicable. The other party maintained that the Constitution was +established only for the people of the United States; that whenever new +territories have been acquired, Congress has extended such provisions as +it saw fit; and that Congress is unlimited as to its power in dealing +with the inhabitants of such territories. The Supreme Court in the +famous Insular Cases, decided in 1900 and 1901, upheld the latter view +and ruled that for all practical purposes the territories of the United +States are completely subject to the legislative authority of Congress, +and that it is not even restricted by those provisions of the +Constitution which were adopted for the protection of individual +liberty. In practice Congress has always extended to the domestic +territories such provisions of the Constitution as were applicable, thus +putting the inhabitants upon the same footing as those of the states so +far as the enjoyment of _civil_ rights are concerned, but not as to +_political_ rights. So far as the insular territories are concerned, it +has also extended most of the provisions relating to civil rights, +though in the case of the Philippines a few safeguards such as the right +of indictment by grand jury, trial by jury, and the right to bear arms +have been withheld. + +=The Origin of the Territorial System.=--Before the Constitution was +adopted, Congress had acquired by cession from certain of the original +states a vast domain of territory north of the Ohio River, and later it +acquired a considerable domain lying south of the Ohio (p. 159). One of +the conditions upon which the territory north of the Ohio was ceded, was +that Congress should form the territory into distinct republican states +which should be admitted to the Union on an equal footing with the old +states. It was felt, however, that the territory in question should be +put through a sort of preparatory stage before being erected into +states; that is, it should be held in a state of dependency until the +population was sufficiently numerous to maintain a state government and +the inhabitants had acquired sufficient political capacity to manage +their own public affairs. + +_The Northwest Territory._--By the famous Ordinance of 1787, as +reenacted and slightly modified two years later (after the adoption of +the Federal Constitution), Congress provided a scheme of government for +the northwest territory which was in force for many years. The Ordinance +provided for two grades of government: one for the territory before its +population should amount to 5,000 inhabitants; the other for the +territory thereafter. The principal difference was that in the former +case the territory was to have no local legislature of its own, while in +the latter it was to have a legislative assembly. The scheme of +government provided in the beginning consisted of a governor, a +secretary, and three judges, appointed by the President. Although no +legislature was provided, the governor, secretary, and judges were +empowered, not to make new laws, but to select such laws from the +statutes of the old states as were suitable. + +When the population had reached 5,000 inhabitants, the territory was +given the second grade form of government, that is, it was allowed a +local legislature, the lower house of which was elected by the +inhabitants on the basis of a restricted suffrage, the upper house or +council to be appointed by the President from a list nominated by the +lower house. The territory was now allowed to send a delegate to +Congress with a right to a seat in that body, but no right to vote. + +The scheme of government thus provided for the northwest territory +became the model for the later territorial governments. It was +introduced into the southwest territory and later to the territory +acquired west of the Mississippi River. + +=The Organized Territories: Hawaii and Alaska.=--The territories and +dependencies of the United States may be grouped into two classes: the +organized and the unorganized. A territory of the first class is said to +be "organized" because it has its own local legislature, both houses of +which are elected. At present the only territories of this class fully +included as parts of the United States are Hawaii[105] and Alaska,[106] but +since most of the states were organized territories before being +admitted to the Union, this kind of government is of more than ordinary +interest to the student of civics. + + [105] The Hawaiian Islands were annexed to the United States in July, + 1898, by a joint resolution of Congress after a treaty of annexation + had been rejected by the senate. The senate of Hawaii is composed of + fifteen members, the house of thirty; ability to speak, read, and write + the English or Hawaiian language is required of voters; the governor + may veto special items in appropriation bills; and in case the + legislature fails to pass appropriation bills to pay the necessary + expenses for carrying on the government and meeting its obligations, + the treasurer may, with the approval of the governor, make such + payments, for which purpose the sums appropriated in the last + appropriation bills shall be deemed to have been reappropriated; + the purpose being to prevent the legislature from causing deadlocks. + + [106] For Porto Rico and the Philippines, see pages 374-379. + +_Executive._--In a fully organized territory there is a governor who is +appointed by the President with the consent of the senate for a term of +four years, and who enjoys the usual powers of a state executive. The +appointment is usually made from the residents of the territory, though +in a few cases outsiders have been appointed. There is also a secretary +who keeps the records of the territory, compiles and publishes the acts +of the legislature, and serves as governor during the absence or +disability of the latter official. Other administrative officers of the +territory are the attorney-general, treasurer, commissioner of public +lands, superintendent of public education, surveyor, and auditor. + +_The Legislature_ is composed of two houses, both of which are popularly +elected. Regular sessions of the legislature are held every two years +and are limited to sixty days, though the governor may call +extraordinary sessions with the approval of the President of the United +States. + +The territorial legislature is empowered to enact laws in respect to all +rightful subjects of legislation not inconsistent with the laws and +Constitution of the United States. Congress, however, has from time to +time imposed various limitations upon the power of the territorial +legislatures, and has shown a tendency to increase the restrictions, +especially in regard to financial matters. Congress may veto any act of +a territorial legislature. + +_Judiciary._--For the administration of justice, a fully organized +territory has a supreme court, a number of district courts, and such +inferior courts as the legislature may create. The judges of the higher +court are all appointed by the President of the United States for a term +of four years. The territory also has a United States district court, a +district attorney, and a marshal. + +Finally, a fully organized territory is given a limited representation, +in the Congress of the United States through a delegate, elected by the +people of the territory every two years, who is allowed a seat in the +house of representatives with a right to serve on committees and take +part in debate, but not to vote. + +_Alaska_, acquired by purchase from Russia in 1867, was for seventeen +years after its acquisition administered directly by the President +without any express authority from Congress. In 1884, however, an act +was passed providing a system of civil government for the territory, to +be administered by a governor appointed by the President for a term of +four years. The general laws of the state of Oregon, so far as +applicable, were extended to the territory. In 1898 a criminal code was +provided for the territory, and in 1900 a complete civil code and a code +of civil procedure were enacted. Finally, in 1912 Alaska was made a +fully organized territory, with a legislative assembly consisting of a +senate of eight members and a house of representatives of sixteen +members. Acts can be passed over the governor's veto by vote of +two-thirds of the members of each house of the legislative assembly. + +=The Organized Dependencies.=--Porto Rico and the Philippines, acquired +from Spain in 1898, were formerly, and are now to a certain extent, +regarded more as colonies than as territories, although they are +governed much like a territory. For many years they were classed as +"partly organized" because in their legislatures only one house was +elective. They now have legislatures in which both houses are elective; +but unlike the territories they are inhabited by a foreign race, and had +been at the time of their cession to the United States for centuries +governed by an entirely different system of laws and administration from +that to which the people of the United States were accustomed. + +=Porto Rico.=--By an act of Congress in 1917, the supreme executive +power of the island is vested in a governor appointed by the President, +for an indefinite term. He has the usual powers of a territorial +governor. There are six executive departments, namely, justice, finance, +interior, education, agriculture, and health. The attorney-general and +the commissioner of education are appointed by the President for a term +of four years; the heads of the other four departments are appointed by +the governor for the same term. The department heads collectively form +an executive council charged with the performance of such duties as the +governor may prescribe. + +_The Legislature._--Formerly the legislature was composed of an upper +house, known as the council, the members of which were appointed by the +President, and a house of delegates, popularly elected. The act of 1917, +however, provided for a legislature, both houses of which are elected by +the voters. The upper house is called the senate and is composed of +nineteen members, elected for a term of four years. The lower chamber, +called the House of Representatives, consists of thirty-nine members, +elected for a term of four years. The legislature is required to meet +biennially and the governor may call extraordinary sessions. Laws vetoed +by the governor and passed over his veto by the legislature must be +transmitted to the President for his approval or disapproval. All acts +of the legislature are required to be laid before Congress which may +annul the same. To prevent deadlocks in the administration of the +government, as several times happened in former years, the law provides +that whenever the appropriation bills for the support of the government +fail of passage the amount appropriated for the past year shall be +considered to have been appropriated for the ensuing fiscal year. + +_Suffrage and Citizenship._--Practically all citizens over twenty-one +years of age who can read and write are qualified voters. Formerly a +source of complaint among the inhabitants was that they were denied the +status of United States citizenship. They were designated as citizens of +Porto Rico and were entitled to be protected by the United States and +were eligible to receive passports for travel abroad, but they were not +citizens of the United States. The law of 1917, however, removed this +grievance by providing that all citizens of Porto Rico should be deemed +to be citizens of the United States. The act also contains an elaborate +bill of rights similar to those in the state constitutions. + +_Judiciary._--The elaborate system of Spanish courts and the Spanish +legal system generally have been done away with, and in their place a +system of law and procedure and a judicial system modeled upon those of +the American states have been substituted. There is a supreme court +consisting of five judges appointed for life by the President, and of +these, three are Porto Ricans and two Americans. Below this court are a +number of district courts each of which is presided over by one judge +appointed by the governor with the consent of the council for a term of +four years. There are also twenty-four municipal courts, and in the +several towns there are courts held by the justices of the peace. The +act of 1917 provided for the establishment of a District Court of the +United States for the island. + +_Resident Commissioner at Washington._--The interests of the island are +looked after at Washington by a resident commissioner who is elected by +the qualified voters for a term of four years. Unlike the delegate from +an organized territory he has no right to a seat in the house of +representatives, but the house has granted him the courtesy of this +privilege. He is, however, entitled to official recognition by all the +executive departments whenever he wishes to discuss with them matters of +business affecting Porto Rico. + +The island has its own internal revenue system for raising taxes, and +the receipts from all customs duties on goods imported into the island +are turned into the insular treasury. Unlike the Philippines, however, +the island does not have its own monetary system, but uses that of the +United States. + +=The Philippines.=--The problem of governing the Philippines has proved +much more difficult than that of governing Porto Rico. Instead of a +single island inhabited by a fairly homogeneous population, the +Philippine archipelago consists of several hundred islands inhabited by +various races and peoples representing almost every stage of development +from savagery to fairly complete civilization. It has been a difficult +problem to develop a system of government adapted to the needs and +capacities of so many different elements. In addition to the +difficulties presented by these conditions, the Filipinos in various +parts of the archipelago have resisted American rule, and no small +amount of effort and expenditure of money has been directed toward the +suppression of outbreaks and the maintenance of order. + +_Organic Act of 1902._--In 1902 Congress passed an organic act for the +government of the islands, and shortly thereafter William H. Taft was +inaugurated civil governor. This act continued for the most part the +form of government that had been created by the Philippine Commission. +The organic act provided, however, that as soon as the insurrection then +existing was suppressed, a census of the inhabitants should be taken and +if the islands were in a state of peace, steps should be taken toward +the establishment of a legislative assembly, the lower house of which +should be popularly elected. This provision was duly carried out, and in +1907 the assembly was chosen. The upper house was a commission of nine +members, including the governor, appointed by the President; and members +of the commission also served as heads of executive departments. + +In 1916 the government was altered by abolishing the commission and +creating a legislature in which both houses are elective. The governor +general, at the head of the executive department, is appointed by the +President, as are also the vice governor and the auditor. Acts of the +Philippine legislature may be vetoed by the governor general (or finally +by the President if passed over the governor general's veto), or may be +annulled by Congress. The act of 1916 declared it to be the purpose of +the United States to grant the Philippines independence as soon as a +stable government can be established therein. + +_Resident Commissioners._--The legislature is allowed to choose two +resident commissioners to represent the islands at Washington. Like +territorial delegates, they have seats, but no vote, in the house of +representatives. + +_The Judicial System_ of the islands consists of a supreme court of +seven judges who are appointed by the President, a court of first +instance in each province, the judges of which are appointed by the +governor general, and various municipal courts. Unlike Porto Rico and +Hawaii, no United States district court has been established in the +islands. Appeals lie from the supreme court of the islands directly to +the United States Supreme Court in all cases in which the Constitution +or any statute or treaty is involved or in which the amount in +controversy exceeds $25,000. + +_Local Government._--Each province is governed in local matters by a +board consisting of a governor and other officers elected by the voters. +The organized municipalities are governed by elective councils. Special +provision has been made for the government of districts inhabited by +certain non-Christian peoples by the creation of a Bureau of +Non-Christian Tribes. + +=The Unorganized Territories and Dependencies.=--The third group of +territories or dependencies embrace those which have no legislative +assembly whatever. These include Samoan Islands, Virgin Islands, Guam, +the Panama Canal Zone, and the District of Columbia. + +The American _Samoan Islands_, the chief of which is Tutuila with its +valuable harbor of Pagopago, are governed by a naval officer--the +commandant of the naval station at Tutuila. He makes the laws and +regulations, and sees that they are enforced, but so far as possible the +inhabitants are allowed to govern themselves. + +By treaty of 1916, three of the _Virgin Islands_ were purchased from +Denmark for $25,000,000. They were placed under the jurisdiction of a +governor appointed by the President, but the local laws were kept in +force. + +_Guam_ was seized by the United States during the war with Spain, and +was retained by the treaty of peace. It is governed by the commandant of +the naval station.[107] + + [107] Other insular possessions of the United States are Wake Island, + Midway or Brooks Island, Howland and Baker Islands, all in the Pacific + Ocean. They are practically uninhabited and no provision for their + government has been found necessary. + +_The Panama Canal Zone_ is a strip of land ten miles wide extending from +the Atlantic to the Pacific Ocean across the Isthmus of Panama, and was +acquired by treaty from the Republic of Panama in 1904, upon the payment +of $10,000,000. Soon after the conclusion of the treaty, Congress +passed an act placing the entire government of the Canal Zone in the +hands of the President. The powers of the President prior to 1914 were +exercised through the Isthmian Canal Commission consisting of seven +members, with authority to make and enforce all needful rules and +regulations for the government of the Zone and to enact such local +legislation as might be needed, subject to the condition that it must +not be inconsistent with the Constitution, laws, or treaties of the +United States. In January, 1914, President Wilson, in pursuance of an +act of Congress passed in 1912, issued an order abolishing the +commission and organizing a system of civil government for the Canal +Zone. Colonel George W. Goethals was appointed the first civil governor. + +_The District of Columbia_ is a territory with an area of seventy square +miles, and was ceded to the United States in 1790 for the site of the +national capital. The district was administered from 1801 to 1871 under +the forms of municipal government, that is, by a mayor and council, but +in the latter year Congress vested the government in a governor, a +secretary, a board of public works, a board of health, and a legislative +assembly. At the same time the district was allowed to send a delegate +to Congress. Largely on account of the extravagance of this government +in under-taking expensive public improvements, Congress in 1874 +abolished the whole scheme and established the present system, which +vests practically all governmental powers in the hands of a commission +of three persons appointed by the President. Two of these must be +appointed from civil life and the other must be an officer belonging to +the engineering corps of the army. This commission has the general +direction of administrative affairs and the appointment of employees, +and exercises wide powers of a quasi legislative character, such as the +issuing of health and police regulations. The legislature of the +district, however, is the Congress of the United States. In each house +there is a committee on the District of Columbia to which all bills +relating to the district are referred, and on one day of each week an +hour is set apart in the house of representatives for the consideration +of such bills. No provision is made for the representation of the +district in Congress, and the inhabitants take no part in presidential +elections.[108] One half the expense of conducting the government of the +district is defrayed out of the national treasury, and the other half is +raised from taxation on private property in the district. + + [108] This is also true of the other territories and dependencies. The + organized territories, however, have been allowed to send delegates to + the national conventions for the nomination of the President and Vice + President. + +The judicial establishment of the district consists of a court of +appeals of three judges, a supreme court of six judges, and the usual +police courts and courts of justices of the peace. (See page 364.) + +=American Protection over Spanish American States.=--In addition to the +ownership of the various insular dependencies mentioned above, the +United States, in pursuance of a long established policy known as the +"Monroe Doctrine," exercises a certain degree of protection over Latin +American states. As this policy is now interpreted it forbids the +further acquisition by European powers of territorial possessions in the +western hemisphere, or the extension by such powers of political +influence on this continent. By virtue of special treaty arrangements +the United States exercises a virtual protectorate over certain of the +smaller Latin American republics. Thus under the "Platt Amendment," to +the constitution of Cuba (also embodied in a treaty between the United +States and Cuba) the United States has the right to intervene in Cuba +for the maintenance of a stable government and for the protection of +public order and security; and this power was exercised in 1906. +Naturally it exercises the power of protection over the republic of +Panama through whose territory the Panama Canal runs, and recently +(1915) it has established a sort of financial protectorate over Haiti +and the Dominican Republic. In pursuance of treaty arrangements it +collects the customs revenues in those republics, applies them to the +payment of their foreign debts, and has the right to intervene for the +maintenance of order. + + + =References.=--BEARD, American Government and Politics, ch. xxi. + BRYCE, The American Commonwealth (abridged edition), ch. xlvi. + HART, Actual Government, ch. xx. WILLOUGHBY, Territories and + Dependencies of the United States, chs. iii, iv, vi. + + +RESEARCH QUESTIONS + +1. From what clause or clauses in the Constitution is the power to +acquire foreign territory derived? + +2. By what different methods has foreign territory been added to the +United States? + +3. Are there any limitations on the powers of Congress in legislating +for the territories? + + + + +CHAPTER XX + +CITIZENSHIP + + +=Who are Citizens.=--The population of every country is composed of two +classes of persons: citizens and aliens. The larger portion of the +inhabitants are citizens, but the alien class is considerable in some +states of the Union, much more so than formerly, owing to the large +influx of immigrants from Europe in recent years.[109] A citizen is one +who has been admitted to full membership in the state, though he may not +have been given full political privileges, such as the privileges of +voting and holding public office. There is a large class of citizens in +every state who can neither vote nor hold public office, such, for +example, as minors, sometimes illiterate persons, those who have not +paid their taxes, those who have been convicted of serious crimes, and +others. On the other hand, aliens in some states are allowed to vote and +hold office, especially if they have formally declared their intention +of becoming citizens. The terms "citizen" and "voter," therefore, are +not identical, since there are some citizens who cannot vote and some +voters who are not citizens. (See page 125.) + + [109] The census of New York of 1910 showed that of a total population + of 9,000,000 inhabitants there were more than 2,000,000 aliens. + +=How Citizenship is Acquired.=--Under the Fourteenth Amendment to the +federal Constitution, all persons born in the United States[110] are +citizens of the United States, and also of the states in which they +reside. Persons who come here from abroad may become citizens only by +being naturalized. + + [110] For some purposes, the residences of foreign diplomatic + representatives are considered as if belonging to the foreign country + represented. Thus a child of the French ambassador, if born in the + ambassador's residence at Washington, is born a citizen of France; + likewise a child of the United States ambassador at Paris, if born at + his residence in France, is nevertheless a natural-born citizen of the + United States. + +_Naturalization Law._--To acquire citizenship in this way, they must +reside here for a period of five years, they must also be persons of +good moral character, attached to the principles of the Constitution and +well disposed to the good order and happiness of the same. Under the law +of 1906 they must also be able to write their own language and be able +to read and speak English. Two steps are necessary in the procedure of +naturalization: first the applicant must go before a federal court or a +court of record in some state and make oath that he is at least eighteen +years of age, and that it is his intention to become a citizen of the +United States. At the same time he must renounce all allegiance to the +foreign state of which he is a citizen or subject and must furnish the +court with a variety of information concerning his past life, including +the date of his arrival in the United States and the name of the ship on +which he arrived. He is then furnished with a certificate which is +popularly known as his "first papers." When he has resided in the United +States at least five years and possesses all the necessary +qualifications the court will issue him a certificate of naturalization +which makes him a citizen. Fees amounting to five dollars are now +charged for filing the petition and issuing the final certificate. In +order to prevent the wholesale naturalization of aliens in the large +cities for election purposes, the law provides that no certificate of +naturalization shall be granted within thirty days prior to any general +election. Any honorably discharged alien from the United States army may +be admitted to citizenship after a residence of one year, and the +preliminary declaration of intention is not required of aliens who have +served five years in the navy. + +_Disqualifications._--In addition to the qualifications mentioned above, +there are certain disqualifications which serve to debar many foreigners +from acquiring American citizenship. Thus only white persons and persons +of African nativity are capable of being naturalized under our laws, so +that those belonging to the Mongolian or other races, such as Chinese, +Japanese, Burmese, and East Indians, cannot become citizens of the +United States unless born here. Other persons excluded for different +reasons are polygamists, anarchists, and certain other classes of +criminals who are not considered worthy to enjoy the high privileges of +citizenship. + +The naturalization of a husband makes the wife and minor children +citizens, so that they do not have to go through the process of taking +out their "papers." + +_Other Methods of Acquiring Citizenship._--Citizenship may be acquired +sometimes in other ways than the method described above. Thus a foreign +woman becomes a citizen by marriage to an American citizen, and the +inhabitants of foreign territory annexed to the United States become +citizens by virtue of their incorporation into the body politic. In this +way the inhabitants of the Louisiana territory, acquired from France, +became citizens. In the same way those of Florida, Texas, California, +Alaska, and Hawaii became citizens, but not those of Porto Rico and the +Philippines. Residents of Porto Rico, however, were made citizens of the +United States by act of Congress in 1917. + +=How Citizenship may be Lost.=--As citizenship may be acquired in +various ways so it may be lost by different acts. An American woman +loses her citizenship by marriage to an alien. Acceptance of a +commission in the service of a foreign country; if it involves the +taking of an oath of allegiance to a foreign government, operates to +divest one of his American citizenship. The most common mode by which +citizenship is lost, however, is through voluntary removal from the +country and naturalization in a foreign state. The right of the citizen +to withdraw from the United States, renounce his allegiance, and acquire +the citizenship of a foreign state, is declared by our law to be an +inalienable right. Mere removal from the United States and the +establishment of a residence in a foreign country, however, does not of +itself operate to divest one of his citizenship. An American citizen may +reside abroad many years for the purposes of business, education, or +pleasure, and so long as he preserves an intention of returning to the +United States he is not held to have abandoned his American nationality. + +In order to prevent foreigners from coming to the United States, +acquiring our citizenship, and returning to their native country for the +purpose of living there without being subject to the burdens and +obligations of military service, the law declares that a naturalized +American who returns to his native country and resides there for a +period of two years will be presumed to have abandoned his American +citizenship, and unless he can show an intention of returning to America +he will be considered as no longer being a citizen. + +=Federal versus State Citizenship.=--In a country having the federal +form of government, the inhabitants have a dual citizenship, that is, +they are citizens of the country as a whole and of the particular state +in which they are residents. Thus our federal Constitution declares that +all persons born or naturalized in the United States and subject to the +jurisdiction thereof are citizens of the United States and of the state +in which they reside. A person, however, may be a citizen of the United +States without at the same time being a citizen of any state, as is the +case with those inhabiting the territories, the District of Columbia, +and other places not forming a part of any state. On the contrary, it +seems to be generally admitted that one may be a citizen of a state +without necessarily being a citizen of the United States. Thus a state +may give an alien full political and civil rights and declare him to be +a citizen of the state before he has become a citizen of the United +States. Some states have in effect done this. It follows, therefore, +that federal and state citizenship are not necessarily identical and +coexistent, since there may be a class of state citizens upon whom the +United States has not conferred its own citizenship, and a class of +United States citizens who are not citizens of any state. The +citizenship of a particular state may be relinquished for that of +another by removal from the former state and the establishment of a +residence in the latter. No legal formality whatever is required to put +off the one and take on the other. + +_Interstate Rights of Citizens._--There is a provision in the +Constitution of the United States which declares that the citizens of +each state shall enjoy all the privileges and immunities of the citizens +of the several states. The purpose of this provision is to prevent one +state from discriminating against the citizens of other states in favor +of its own citizens. Whatever rights and privileges it accords to its +own citizens must be accorded equally to citizens of other states who +may be within its borders or who may wish to carry on business therein. +The states are also forbidden by the federal Constitution to abridge the +privileges and immunities of citizens of the United States, though the +Constitution does not specify or indicate what these privileges and +immunities are. They include, however, such privileges as the making and +enforcing of contracts, of suing in the courts, of inheriting, holding, +and conveying property, of receiving equal protection of the laws, and, +in general, of enjoying every right or privilege to which the citizen is +entitled under the Constitution and laws of the United States. + +=Rights and Duties of Aliens.=--Aliens, though in a political sense +members of foreign states, are, nevertheless, fully subject to the +jurisdiction of the state in which they are domiciled, and owe it a +temporary allegiance. They are bound to obey the laws equally with +citizens, and may be punished for violations of them equally with +citizens. They must also share, to a certain extent, the public burdens, +and may be required to serve in the militia or police (though not in the +regular army) if the common defense and domestic safety require their +services. + +_Right of Protection._--It is now universally admitted that they are +entitled to the protection of the government under which they are living +so long as they are within its jurisdiction, but not when they go +abroad. So far as the enjoyment of civil rights is concerned, the +tendency is to treat them on a footing of equality with citizens. Both +the federal and the state courts are open to them on the same terms as +to citizens, and if they suffer injuries in the course of riots and +other disturbances, because of their foreign nationality, especially if +the public authorities fail to use due diligence to prevent or punish +attacks upon them, the United States government will indemnify them or +their heirs for the injuries sustained.[111] + + [111] The United States government has uniformly refused to admit its + liability in such cases, but it has in practice generally allowed an + indemnity. This was done, for example, in the case of the Anti-Spanish + riots in New Orleans and Key West in 1851; in the case of the + Anti-Chinese riots at Rock Springs, Wyoming, in 1885; and in the case + of the Italian lynchings at New Orleans in 1891. + +_Disabilities of Aliens._--Formerly aliens were subject to disabilities +much more commonly than now. Under the common law, for example, they +could not inherit land, but this disability has been abolished in most +of the states, though some still make a distinction between resident and +nonresident aliens in this respect, allowing the former class to take +land by inheritance as well as by purchase but excluding the latter +class. Some states do not allow them to be employed on the public works, +and a few subject them to other disabilities, but they are not important +or numerous.[112] With regard to political privileges, however, the +disabilities of aliens are still generally maintained. + + [112] In 1915 the Federal Courts held unconstitutional a law of Arizona + which forbade the employment of more than 20 per cent of aliens in any + work. + +=Rights and Obligations of Citizens.=--The chief privilege of +citizenship is that of protection by the government in all personal and +property rights. If the citizen goes abroad for the purpose of business +or pleasure, the government will protect him from wrongful treatment so +long as he obeys the law of the country to which he is, for the time +being, subject, and demeans himself peaceably. If he is injured or +discriminated against because of his foreign nationality, the government +which fails to protect him will be required to make a suitable indemnity +for the injury. + +_Equality of Native and Naturalized Citizens._--When it comes to +protecting its citizens abroad, the United States government makes no +distinction between naturalized and native-born citizens. In the case of +a Russian, for example, who comes to America and is naturalized and goes +back to Russia for business or pleasure, our government will insist that +he be treated by the Russian authorities as if he were a native-born +American citizen. At home a naturalized citizen enjoys the same +privileges as a native-born except that he is not eligible to the office +of President or Vice President of the United States. + +_Duties and Obligations of Citizens._--Rights and privileges seldom +exist without corresponding duties and obligations, and so citizenship +has its duties. One of these is to contribute to the bearing of the +burdens of the state. This includes the payment of taxes, service in the +militia or army for purposes of defense, and the discharge of such +public trusts as may be imposed. It is, of course, the duty of the +citizen, as it is of every one who lives in the state, to obey the laws +and do what he can to secure their enforcement. Finally, if the citizen +possesses political privileges, it is his duty to take an active part in +securing the election of competent and honest officials to the end that +the government which protects him may be efficient and well +administered. + +=Obligations and Duties of Nations: International Law.=--Nations, like +individuals, are bound by rules of conduct in their relations with one +another. The rules governing nations constitute what is known as +international law, a subject of which we have heard much since the +outbreak of the great world war in 1914. The rules of international law, +unlike those of national or municipal law, are not enacted by a +legislative body, for as yet, unfortunately, there is no world +legislature. They consist partly of customary rules and usages, and +partly of international treaties. The most important of these treaties +are those negotiated to end the World War, and also the so-called +conventions, sixteen in number, recommended by the Peace Conferences at +the Hague in 1899 and 1907, and adopted, for the most part, by nearly +all the civilized nations of the world. These conventions contain a +large number of important rules prescribing the conduct to be observed +by nations both in time of war and in time of peace. + +Unfortunately, however, international law has one great weakness which +national law does not have. National law has what the lawyers call a +sanction; that is to say, a penalty is prescribed for its violation, and +courts are established for punishing those who violate its rules. But in +the case of international law there is as yet no machinery for bringing +to the bar of justice and inflicting punishment upon a nation which +violates its international duties and obligations, except as the League +of Nations may succeed in performing this function. The only punishment +which has often followed such an act is the reprobation of public +opinion, which unhappily, as the World War has demonstrated, is not a +sufficient deterrent in the case of nations which regard lightly their +obligations of honor and good faith. Thinking men the world over realize +how important it is to make international law more effective, to compel +nations by force or otherwise to observe their international +obligations, and to prevent war, the world's greatest curse. + + + =References.=--ASHLEY, The American Federal State, ch. xxix; also pp. + 212-217. BEARD, American Government and Politics, pp. 160-163. + FULLER, Government by the People, ch. ii. GARNER, Introduction to + Political Science, ch. xi. HART, Actual Government, chs. ii-iv. + HINSDALE, The American Government, ch. liv. + + =Documentary and Illustrative Material.=--1. Copy of the federal + citizenship law of 1907. 2. Copy of the naturalization act of 1906. + 3. Copies of naturalization blanks and of naturalization + regulations (these may be secured from the bureau of immigration + and naturalization). 4. Copy of an application for a passport (this + may be secured from the department of state). 5. Copy of a + passport. + + +RESEARCH QUESTIONS + +1. What is a citizen? Distinguish between native-born and naturalized +citizens; between citizens and electors. + +2. Is the citizenship of a child determined by the law of the place +where it is born or by the law of the place of which the parents are +citizens? Distinguish between the English and American practice in this +respect, on the one hand, and the continental European practice on the +other. + +3. What would be the citizenship of a child born in the United States if +the father were the ambassador of a foreign country, temporarily +residing here? What would be the citizenship of a child born of American +parents on the high seas? of a child born abroad of American parents? of +a child born in the United States if the father were a foreign consul +here? + +4. A child born in the United States of French parents would be a +citizen of the United States under our law; it would also be a citizen +of France, according to French law. Which citizenship would prevail? + +5. Do you think our law should admit persons of African descent to +become citizens and yet deny the right to Japanese, Chinese, and natives +of India? + +6. May one be a citizen of two different countries at the same time? + +7. What would be the status of an American woman who lost her American +citizenship by marrying a foreigner, in case of the death of her +husband? How could she reacquire her original citizenship? + +8. How long may an American reside abroad without losing his +citizenship? + +9. Many Europeans, in order to escape military service in their country, +have emigrated to America, acquired our citizenship and returned to +their native country. Will the United States government protect such +persons against impressment into the military service? + +10. Suppose a citizen of New York moves to Pennsylvania and establishes +a residence there. Does that act without any legal formality make him a +citizen of Pennsylvania? + + + + +ARTICLES OF CONFEDERATION + + + ARTICLES OF CONFEDERATION AND PERPETUAL UNION BETWEEN THE STATES OF + NEW HAMPSHIRE, MASSACHUSETTS BAY, RHODE ISLAND AND PROVIDENCE + PLANTATIONS, CONNECTICUT, NEW YORK, NEW JERSEY, PENNSYLVANIA, + DELAWARE, MARYLAND, VIRGINIA, NORTH CAROLINA, SOUTH CAROLINA, AND + GEORGIA + +ARTICLE I.--The style of this confederacy shall be, "The United States +of America." + +ART. II.--Each State retains its sovereignty, freedom, and independence, +and every power, jurisdiction, and right which is not by this +confederation expressly delegated to the United States in Congress +assembled. + +ART. III.--The said States hereby severally enter into a firm league of +friendship with each other, for their common defense, the security of +their liberties, and their mutual and general welfare, binding +themselves to assist each other against all force offered to, or attacks +made upon them, or any of them, on account of religion, sovereignty, +trade, or any other pretense whatever. + +ART. IV.--The better to secure and perpetuate mutual friendship and +intercourse among the people of the different States in this Union, the +free inhabitants of each of these States, paupers, vagabonds, and +fugitives from justice excepted, shall be entitled to all privileges and +immunities of free citizens in the several States; and the people of +each State shall have free ingress and regress to and from any other +State, and shall enjoy therein all the privileges of trade and commerce, +subject to the same duties, impositions, and restrictions, as the +inhabitants thereof respectively; provided that such restrictions shall +not extend so far as to prevent the removal of property imported into +any State, to any other State of which the owner is an inhabitant; +provided, also, that no imposition, duties, or restriction, shall be +laid by any State on the property of the United States or either of +them. + +If any person guilty of, or charged with, treason, felony, or other high +misdemeanor in any State, shall flee from justice, and be found in any +of the United States, he shall, upon demand of the governor or executive +power of the State from which he fled, be delivered up, and removed to +the State having jurisdiction of his offense. + +Full faith and credit shall be given, in each of these States, to the +records, acts, and judicial proceedings of the courts and magistrates of +every other State. + +ART. V.--For the more convenient management of the general interests of +the United States, delegates shall be annually appointed in such manner +as the legislature of each State shall direct, to meet in Congress on +the first Monday in November, in every year, with a power reserved to +each State to recall its delegates, or any of them, at any time within +the year, and to send others in their stead for the remainder of the +year. + +No State shall be represented in Congress by less than two, nor by more +than seven members; and no person shall be capable of being a delegate +for more than three years, in any term of six years; nor shall any +person, being a delegate, be capable of holding any office under the +United States, for which he, or another for his benefit, receives any +salary, fees, or emolument of any kind. + +Each State shall maintain its own delegates in any meeting of the States +and while they act as members of the committee of the States. + +In determining questions in the United States in Congress assembled, +each State shall have one vote. + +Freedom of speech and debate in Congress shall not be impeached or +questioned in any court or place out of Congress; and the members of +Congress shall be protected in their persons from arrests and +imprisonments during the time of their going to and from, and attendance +on Congress, except for treason, felony, or breach of the peace. + +ART. VI.--No State, without the consent of the United States, in +Congress assembled, shall send any embassy to, or receive any embassy +from, or enter into any conference, agreement, alliance, or treaty, with +any king, prince, or state; nor shall any person holding any office of +profit or trust under the United States, or any of them, accept of any +present, emolument, office, or title of any kind whatever, from any +king, prince, or foreign state; nor shall the United States, in Congress +assembled, or any of them, grant any title of nobility. + +No two or more States shall enter into any treaty, confederation, or +alliance whatever between them, without the consent of the United +States, in Congress assembled, specifying accurately the purposes for +which the same is to be entered into, and how long it shall continue. + +No States shall lay any imposts or duties which may interfere with any +stipulations in treaties entered into by the United States, in Congress +assembled, with any king, prince, or state, in pursuance of any treaties +already proposed by Congress to the courts of France and Spain. + +No vessels of war shall be kept up in time of peace, by any State, +except such number only as shall be deemed necessary, by the United +States in Congress assembled, for the defense of such State or its +trade; nor shall any body of forces be kept up, by any State, in time of +peace, except such number only as, in the judgment of the United States, +in Congress assembled, shall be deemed requisite to garrison the forts +necessary for the defense of such State; but every State shall always +keep up a well regulated and disciplined militia, sufficiently armed and +accoutred, and shall provide and constantly have ready for use, in +public stores, a due number of field-pieces and tents, and a proper +quantity of arms, ammunition, and camp equipage. + +No State shall engage in any war without the consent of the United +States, in Congress assembled, unless such State be actually invaded by +enemies, or shall have received certain advice of a resolution being +formed by some nation of Indians to invade such State, and the danger is +so imminent as not to admit of a delay till the United States, in +Congress assembled, can be consulted; nor shall any State grant +commissions to any ships or vessels of war, nor letters of marque or +reprisal, except it be after a declaration of war by the United States, +in Congress assembled, and then only against the kingdom or state, and +the subjects thereof against which war has been so declared, and under +such regulations as shall be established by the United States, in +Congress assembled, unless such State be infested by pirates, in which +case vessels of war may be fitted out for that occasion, and kept so +long as the danger shall continue, or until the United States, in +Congress assembled, shall determine otherwise. + +ART. VII.--When land forces are raised by any State for the common +defense, all officers of or under the rank of colonel, shall be +appointed by the legislature of each State respectively by whom such +forces shall be raised, or in such manner as such State shall direct, +and all vacancies shall be filled up by the State which first made the +appointment. + +ART. VIII.--All charges of war, and all other expenses that shall be +incurred for the common defense or general welfare, and allowed by the +United States in Congress assembled, shall be defrayed out of a common +treasury, which shall be supplied by the several States, in proportion +to the value of all land within each State, granted to, or surveyed for, +any person, as such land and the buildings and improvements thereon +shall be estimated according to such mode as the United States, in +Congress assembled, shall, from time to time, direct and appoint. The +taxes for paying that proportion shall be laid and levied by the +authority and direction of the legislatures of the several States, +within the time agreed upon by the United States, in Congress assembled. + +ART. IX.--The United States, in Congress assembled, shall have the sole +and exclusive right and power of determining on peace and war, except in +the cases mentioned in the sixth Article; of sending and receiving +ambassadors; entering into treaties and alliances, provided that no +treaty of commerce shall be made whereby the legislative power of the +respective States shall be restrained from imposing such imposts and +duties on foreigners, as their own people are subjected to, or from +prohibiting the exportation or importation of any species of goods or +commodities whatsoever; of establishing rules for deciding, in all +cases, what captures on land or water shall be legal, and in what manner +prizes taken by land or naval forces in the service of the United +States, shall be divided or appropriated; of granting letters of marque +and reprisal in times of peace; appointing courts for the trial of +piracies and felonies committed on the high seas; and establishing +courts for receiving and determining finally appeals in all cases of +captures; provided that no member of Congress shall be appointed a judge +of any of the said courts. + +The United States, in Congress assembled, shall also be the last resort +on appeal, in all disputes and differences now subsisting, or that +hereafter may arise between two or more States concerning boundary, +jurisdiction, or any other cause whatever; which authority shall always +be exercised in the manner following: Whenever the legislative or +executive authority, or lawful agent of any State in controversy with +another, shall present a petition to Congress, stating the matter in +question, and praying for a hearing, notice thereof shall be given by +order of Congress, to the legislative or executive authority of the +other State in controversy, and a day assigned for the appearance of the +parties by their lawful agents, who shall then be directed to appoint, +by joint consent, commissioners or judges to constitute a court for +hearing and determining the matter in question; but if they can not +agree, Congress shall name three persons out of each of the United +States, and from the list of such persons each party shall alternately +strike out one, the petitioners beginning, until the number shall be +reduced to thirteen; and from that number not less than seven nor more +than nine names, as Congress shall direct, shall, in the presence of +Congress, be drawn out by lot; and the persons whose names shall be so +drawn, or any five of them, shall be commissioners or judges, to hear +and finally determine the controversy, so always as a major part of the +judges, who shall hear the cause, shall agree in the determination; and +if either party shall neglect to attend at the day appointed, without +showing reasons which Congress shall judge sufficient, or being present, +shall refuse to strike, the Congress shall proceed to nominate three +persons out of each State, and the secretary of Congress shall strike in +behalf of such party absent or refusing; and the judgment and sentence +of the court, to be appointed in the manner before prescribed, shall be +final and conclusive; and if any of the parties shall refuse to submit +to the authority of such court, or to appear or defend their claim or +cause, the court shall nevertheless proceed to pronounce sentence or +judgment, which shall in like manner be final and decisive; the judgment +or sentence and other proceedings being in either case transmitted to +Congress, and lodged among the acts of Congress for the security of the +parties concerned; provided, that every commissioner, before he sits in +judgment, shall take an oath, to be administered by one of the judges of +the supreme or superior court of the State where the cause shall be +tried, "well and truly to hear and determine the matter in question, +according to the best of his judgment, without favor, affection, or hope +of reward." Provided, also, that no State shall be deprived of territory +for the benefit of the United States. + +All controversies concerning the private right of soil claimed under +different grants of two or more States, whose jurisdictions, as they may +respect such lands, and the States which passed such grants are +adjusted, the said grants or either of them being at the same time +claimed to have originated antecedent to such settlement of +jurisdiction, shall, on the petition of either party to the Congress of +the United States, be finally determined, as near as may be, in the same +manner as is before prescribed for deciding disputes respecting +territorial jurisdiction between different States. + +The United States, in Congress assembled, shall also have the sole and +exclusive right and power of regulating the alloy and value of coin +struck by their own authority, or by that of the respective States; +fixing the standard of weights and measures throughout the United +States; regulating the trade and managing all affairs with the Indians +not members of any of the States; provided that the legislative right of +any State, within its own limits, be not infringed or violated; +establishing and regulating post offices from one State to another +throughout all the United States, and exacting such postage on the +papers passing through the same, as may be requisite to defray the +expenses of the said office; appointing all officers of the land forces +in the service of the United States, excepting regimental officers; +appointing all the officers of the naval forces, and commissioning all +officers whatever in the service of the United States; making rules for +the government and regulation of the said land and naval forces, and +directing their operations. + +The United States, in Congress assembled, shall have authority to +appoint a committee, to sit in the recess of Congress, to be denominated +"A Committee of the States," and to consist of one delegate from each +State; and to appoint such other committees and civil officers as may be +necessary for managing the general affairs of the United States under +their direction; to appoint one of their number to preside, provided +that no person be allowed to serve in the office of president more than +one year in any term of three years; to ascertain the necessary sums of +money to be raised for the service of the United States, and to +appropriate and apply the same for defraying the public expenses; to +borrow money or emit bills on the credit of the United States, +transmitting every half year to the respective States an account of the +sums of money so borrowed or emitted; to build and equip a navy; to +agree upon the number of land forces, and to make requisitions from each +State for its quota, in proportion to the number of white inhabitants in +such State, which requisition shall be binding; and thereupon the +Legislature of each State shall appoint the regimental officers, raise +the men, and clothe, arm, and equip them in a soldier-like manner at the +expense of the United States; and the officers and men so clothed, +armed, and equipped shall march to the place appointed, and within the +time agreed on by the United States, in Congress assembled; but if the +United States, in Congress assembled, shall, on consideration of +circumstances, judge proper that any State should not raise men, or +should raise a smaller number than its quota, and that any other State +should raise a greater number of men than the quota thereof, such extra +number shall be raised, officered, clothed, armed, and equipped in the +same manner as the quota of such State, unless the Legislature of such +State shall judge that such extra number can not be safely spared out of +the same, in which case they shall raise, officer, clothe, arm, and +equip as many of such extra number as they judge can be safely spared, +and the officers and men so clothed, armed, and equipped shall march to +the place appointed, and within the time agreed on by the United States, +in Congress assembled. + +The United States, in Congress assembled, shall never engage in a war, +nor grant letters of marque and reprisal in time of peace, nor enter +into any treatise or alliances; nor coin money, nor regulate the value +thereof, nor ascertain the sums and expenses necessary for the defense +and welfare of the United States, or any of them, nor emit bills, nor +borrow money on the credit of the United States, nor appropriate money, +nor agree upon the number of vessels of war to be built or purchased, or +the number of land or sea forces to be raised, nor appoint a +commander-in-chief of the army or navy, unless nine States assent to the +same, nor shall a question on any other point, except for adjourning +from day to-day, be determined, unless by the votes of a majority of the +United States, in Congress assembled. + +The Congress of the United States shall have power to adjourn to any +time within the year, and to any place within the United States, so that +no period of adjournment be for a longer duration than the space of six +months, and shall publish the journal of their proceedings monthly, +except such parts thereof relating to treaties, alliances, or military +operations as in their judgment require secrecy; and the yeas and nays +of the delegates of each State, on any question, shall be entered on the +journal when it is desired by any delegate; and the delegates of a +State, or any of them, at his or their request, shall be furnished with +a transcript of the said journal, except such parts as are above +excepted, to lay before the legislatures of the several States. + +ART. X.--The committee of the States, or any nine of them, shall be +authorized to execute, in the recess of Congress, such of the powers of +Congress as the United States, in Congress assembled, by the consent of +nine States, shall, from time to time, think expedient to vest them +with; provided that no power be delegated to the said committee, for the +exercise of which, by the articles of confederation, the voice of nine +States, in the Congress of the United States assembled, is requisite. + +ART. XI.--Canada, acceding to this confederation, and joining in the +measures of the United States, shall be admitted into, and entitled to +all the advantages of this Union; but no other colony shall be admitted +into the same unless such admission be agreed to by nine States. + +ART. XII.--All bills of credit emitted, moneys borrowed, and debts +contracted by or under the authority of Congress, before the assembling +of the United States, in pursuance of the present confederation, shall +be deemed and considered as a charge against the United States, for +payment and satisfaction whereof the said United States and the public +faith are hereby solemnly pledged. + +ART. XIII.--Every State shall abide by the determinations of the United +States, in Congress assembled, on all questions which by this +Confederation are submitted to them. And the Articles of this +Confederation shall be inviolably observed by every State, and the Union +shall be perpetual; nor shall any alteration at any time hereafter be +made in any of them, unless such alteration be agreed to in a Congress +of the United States; and be afterward confirmed by the legislatures of +every State. + +_And whereas_ it hath pleased the great Governor of the world to incline +the hearts of the legislatures we respectively represent in Congress, to +approve of, and to authorize us to ratify the said Articles of +Confederation and perpetual Union, Know ye, that we, the undersigned +delegates, by virtue of the power and authority to us given for that +purpose, do, by these presents, in the name and in behalf of our +respective constituents, fully and entirely ratify and confirm each and +every of the said Articles of Confederation and perpetual Union, and all +and singular the matters and things therein contained. And we do further +solemnly plight and engage the faith of our respective constituents, +that they shall abide by the determinations of the United States, in +Congress assembled, on all questions which by the said Confederation are +submitted to them; and that the Articles thereof shall be inviolably +observed by the States we respectively represent, and that the Union +shall be perpetual. In witness whereof, we have hereunto set our hands +in Congress. Done at Philadelphia, in the State of Pennsylvania, the +ninth day of July, in the year of our Lord 1778,[113] and in the third +year of the Independence of America. + + [113] Only ten States took action upon the Articles at this time. New + Jersey, Delaware, and Maryland did not ratify them until later. + + + + +CONSTITUTION OF THE UNITED STATES--1787[114] + + + We the people of the United States, in order to form a more perfect + union, establish justice, insure domestic tranquillity, provide for + the common defense, promote the general welfare, and secure the + blessings of liberty to ourselves and our posterity, do ordain and + establish this Constitution for the United States of America. + + [114] This reprint of the Constitution exactly follows the text of that + in the Department of State at Washington, save in the spelling of a few + words. + +ARTICLE I + +SECTION 1. All legislative powers herein granted shall be vested in a +Congress of the United States, which shall consist of a Senate and House +of Representatives. + +SECTION 2. 1 The House of Representatives shall be composed of members +chosen every second year by the people of the several States, and the +electors in each State shall have the qualifications requisite for +electors of the most numerous branch of the State legislature. + +2 No person shall be a representative who shall not have attained to the +age of twenty-five years, and been seven years a citizen of the United +States, and who shall not, when elected, be an inhabitant of that State +in which he shall be chosen. + +3 Representatives and direct taxes shall be apportioned among the +several States which may be included within this Union, according to +their respective numbers, which shall be determined by adding to the +whole number of free persons, including those bound to service for a +term of years, and excluding Indians not taxed, three fifths of all +other persons.[115] The actual enumeration shall be made within three +years after the first meeting of the Congress of the United States, and +within every subsequent term of ten years, in such manner as they shall +by law direct. The number of representatives shall not exceed one for +every thirty thousand, but each State shall have at least one +representative; and until such enumeration shall be made, the State of +New Hampshire shall be entitled to choose three, Massachusetts eight, +Rhode Island and Providence Plantations one, Connecticut five, New York +six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, +Virginia ten, North Carolina five, South Carolina five, and Georgia +three. + + [115] The last half of this sentence was superseded by the 13th and + 14th Amendments. + +4 When vacancies happen in the representation from any State, the +executive authority thereof shall issue writs of election to fill such +vacancies. + +5 The House of Representatives shall choose their speaker and other +officers, and shall have the sole power of impeachment. + +SECTION 3. 1 The Senate of the United States shall be composed of two +senators from each State, chosen by the legislature thereof for six +years; and each senator shall have one vote.[116] + + [116] This paragraph was superseded by the 17th Amendment. + +2 Immediately after they shall be assembled in consequence of the first +election, they shall be divided as equally as may be into three classes. +The seats of the senators of the first class shall be vacated at the +expiration of the second year, of the second class at the expiration of +the fourth year, and of the third class at the expiration of the sixth +year, so that one third may be chosen every second year; and if +vacancies happen by resignation, or otherwise, during the recess of the +legislature of any State, the executive thereof, may make temporary +appointments until the next meeting of the legislature, which shall then +fill such vacancies.[117] + + [117] The last half of this sentence was superseded by the 17th + Amendment. + +3 No person shall be a senator who shall not have attained to the age of +thirty years, and been nine years a citizen of the United States, and +who shall not, when elected, be an inhabitant of that State for which be +shall be chosen. + +4 The Vice President of the United States shall be President of the +Senate, but shall have no vote, unless they be equally divided. + +5 The Senate shall choose their other officers, and also a president +_pro tempore_, in the absence of the Vice President, or when he shall +exercise the office of President of the United States. + +6 The Senate shall have the sole power to try all impeachments. When +sitting for that purpose, they shall be on oath or affirmation. When the +President of the United States is tried, the chief justice shall +preside: and no person shall be convicted without the concurrence of two +thirds of the members present. + +7 Judgment in cases of impeachment shall not extend further than to +removal from office, and disqualification to hold and enjoy any office +of honor, trust or profit under the United States: but the party +convicted shall nevertheless be liable and subject to indictment, trial, +judgment and punishment, according to law. + +SECTION 4. 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. + +2 The Congress shall assemble at least once in every year, and such +meeting shall be on the first Monday in December, unless they shall by +law appoint a different day. + +SECTION 5. 1 Each House shall be the judge of the elections, returns and +qualifications of its own members, and a majority of each shall +constitute a quorum to do business; but a smaller number may adjourn +from day to day, and may be authorized to compel the attendance of +absent members, in such manner, and under such penalties as each House +may provide. + +2 Each House may determine the rules of its proceedings, punish its +members for disorderly behavior, and, with the concurrence of two +thirds, expel a member. + +3 Each House shall keep a journal of its proceedings, and from time to +time publish the same, excepting such parts as may in their judgment +require secrecy; and the yeas and nays of the members of either House on +any question shall, at the desire of one fifth of those present, be +entered on the journal. + +4 Neither House, during the session of Congress, shall, without the +consent of the other, adjourn for more than three days, nor to any other +place than that in which the two Houses shall be sitting. + +SECTION 6. 1 The senators and representatives shall receive a +compensation for their services, to be ascertained by law, and paid out +of the Treasury of the United States. They shall in all cases, except +treason, felony and breach of the peace, be privileged from arrest +during their attendance at the session of their respective Houses, and +in going to and returning from the same; and for any speech or debate in +either House, they shall not be questioned in any other place. + +2 No senator or representative shall, during the time for which he was +elected, be appointed to any civil office under the authority of the +United States, which shall have been created, or the emoluments whereof +shall have been increased during such time; and no person holding any +office under the United States shall be a member of either House during +his continuance in office. + +SECTION 7. 1 All bills for raising revenue shall originate in the House +of Representatives; but the Senate may propose or concur with amendments +as on other bills. + +2 Every bill which shall have passed the House of Representatives and +the Senate, shall, before it become a law, be presented to the President +of the United States; if he approve he shall sign it, but if not he +shall return it, with his objections to that House in which it shall +have originated, who shall enter the objections at large on their +journal, and proceed to reconsider it. If after such reconsideration two +thirds of that House shall agree to pass the bill, it shall be sent, +together with the objections, to the other House, by which it shall +likewise be reconsidered, and if approved by two thirds of that House, +it shall become a law. But in all such cases the votes of both Houses +shall be determined by yeas and nays, and the names of the persons +voting for and against the bill shall be entered on the journal of each +House respectively. If any bill shall not be returned by the President +within ten days (Sundays excepted) after it shall have been presented to +him, the same shall be a law, in like manner as if he had signed it, +unless the Congress by their adjournment prevent its return, in which +case it shall not be a law. + +3 Every order, resolution, or vote to which the concurrence of the +Senate and House of Representatives may be necessary (except on a +question of adjournment) shall be presented to the President of the +United States; and before the same shall take effect, shall be approved +by him, or being disapproved by him, shall be repassed by two thirds of +the Senate and House of Representatives, according to the rules and +limitations prescribed in the case of a bill. + +SECTION 8. 1 The Congress shall have power to lay and collect taxes, +duties, imposts and excises, to pay the debts and provide for the common +defense and general welfare of the United States; but all duties, +imposts and excises shall be uniform throughout the United States; + +2 To borrow money on the credit of the United States; + +3 To regulate commerce with foreign nations, and among the several +States, and with the Indian tribes; + +4 To establish an uniform rule of naturalization, and uniform laws on +the subject of bankruptcies throughout the United States; + +5 To coin money, regulate the value thereof, and of foreign coin, and +fix the standard of weights and measures; + +6 To provide for the punishment of counterfeiting the securities and +current coin of the United States; + +7 To establish post offices and post roads; 8 To promote the progress +of science and useful arts by securing for limited times to authors and +inventors the exclusive right to their respective writings and +discoveries; + +9 To constitute tribunals inferior to the Supreme Court; + +10 To define and punish piracies and felonies committed on the high +seas, and offenses against the law of nations; + +11 To declare war, grant letters of marque and reprisal, and make rules +concerning captures on land and water; + +12 To raise and support armies, but no appropriation of money to that +use shall be for a longer term than two years; + +13 To provide and maintain a navy; + +14 To make rules for the government and regulation of the land and naval +forces; + +15 To provide for calling forth the militia to execute the laws of the +Union, suppress insurrections and repel invasions; + +16 To provide for organizing, arming, and disciplining the militia, and +for governing such part of them as may be employed in the service of the +United States, reserving to the States respectively the appointment of +the officers, and the authority of training the militia according to the +discipline prescribed by Congress; + +17 To exercise exclusive legislation in all cases whatsoever, over such +district (not exceeding ten miles square) as may, by cession of +particular States and the acceptance of Congress, become the seat of the +government of the United States,[118] and to exercise like authority over +all places purchased by the consent of the legislature of the State in +which the same shall be, for the erection of forts, magazines, arsenals, +dockyards, and other needful buildings; and + +18 To make all laws which shall be necessary and proper for carrying +into execution the foregoing powers, and all other powers vested by this +Constitution in the government of the United States, or in any +department or officer thereof. + + [118] The District of Columbia, which comes under these regulations, + had not then been erected. + +SECTION 9. 1 The migration or importation of such persons as any of the +States now existing shall think proper to admit, shall not be prohibited +by the Congress prior to the year one thousand eight hundred and eight, +but a tax or duty may be imposed on such importation, not exceeding ten +dollars for each person.[119] + + [119] A temporary clause, no longer in force. See also Article V. + +2 The privilege of the writ of _habeas corpus_ shall not be suspended, +unless when in cases of rebellion or invasion the public safety may +require it. + +3 No bill of attainder or _ex post facto_ law shall be passed. + +4 No capitation, or other direct, tax shall be laid, unless in +proportion to the census or enumeration hereinbefore directed to be +taken. + +5 No tax or duty shall be laid on articles exported from any State. + +6 No preference shall be given by any regulation of commerce or revenue +to the ports of one State over those of another: nor shall vessels bound +to, or from, one State be obliged to enter, clear, or pay duties in +another. + +7 No money shall be drawn from the treasury, but in consequence of +appropriations made by law; and a regular statement and account of the +receipts and expenditures of all public money shall be published from +time to time. + +8 No title of nobility shall be granted by the United States: and no +person holding any office of profit or trust under them, shall, without +the consent of the Congress, accept of any present, emolument, office, +or title, of any kind whatever, from any king, prince, or foreign State. + +SECTION 10.[120] 1 No State shall enter into any treaty, alliance, or +confederation; grant letters of marque and reprisal; coin money; emit +bills of credit; make anything but gold and silver coin a tender in +payment of debts; pass any bill of attainder, _ex post facto_ law, or +law impairing the obligation of contracts, or grant any title of +nobility. + + [120] See also the 10th, 13th, 14th, and 15th Amendments. + +2 No State shall, without the consent of the Congress, lay any imposts +or duties on imports or exports, except what may be absolutely necessary +for executing its inspection laws: and the net produce of all duties and +imposts laid by any State on imports or exports, shall be for the use of +the treasury of the United States; and all such laws shall be subject to +the revision and control of the Congress. + +3 No State shall, without the consent of Congress, lay any duty of +tonnage, keep troops, or ships of war in time of peace, enter into any +agreement or compact with another State, or with a foreign power, or +engage in war, unless actually invaded, or in such imminent danger as +will not admit of delay. + + +ARTICLE II + +SECTION 1. 1 The executive power shall be vested in a President of the +United States of America. He shall hold his office during the term of +four years, and, together with the Vice President, chosen for the same +term, be elected, as follows + +2 Each State shall appoint, in such manner as the legislature thereof +may direct, a number of electors, equal to the whole number of senators +and representatives to which the State may be entitled in the Congress: +but no senator or representative, or person holding an office of trust +or profit under the United States, shall be appointed an elector. + +The electors shall meet in their respective States, and vote by ballot +for two persons, of whom one at least shall not be an inhabitant of the +same State with themselves. And they shall make a list of all the +persons voted for, and of the number of votes for each; which list they +shall sign and certify, and transmit sealed to the seat of the +government of the United States, directed to the president of the +Senate. The president of the Senate, shall, in the presence of the +Senate and House of Representatives, open all the certificates, and the +votes shall then be counted. The person having the greatest number of +votes shall be the President, if such number be a majority of the whole +number of electors appointed; and if there be more than one who have +such majority, and have an equal number of votes, then the House of +Representatives shall immediately choose by ballot one of them for +President; and if no person have a majority, then from the five highest +on the list the said house shall in like manner choose the President. +But in choosing the President, the votes shall be taken by States, the +representation from each State having one vote; a quorum for this +purpose shall consist of a member or members from two thirds of the +States, and a majority of all the States shall be necessary to a +choice. In every case, after the choice of the President, the person +having the greatest number of votes of the electors shall be the Vice +President. But if there should remain two or more who have equal votes, +the Senate shall choose from them by ballot the Vice President.[121] + + [121] This paragraph superseded by the 12th Amendment + +3 The Congress may determine the time of choosing the electors, and the +day on which they shall give their votes; which day shall be the same +throughout the United States. + +4 No person except a natural born citizen, or a citizen of the United +States, at the time of the adoption of this Constitution, shall be +eligible to the office of President; neither shall any person be +eligible to that office who shall not have attained to the age of +thirty-five years, and been fourteen years a resident within the United +States. + +5 In case of the removal of the President from office, or of his death, +resignation, or inability to discharge the powers and duties of the said +office, the same shall devolve on the Vice President, and the Congress +may by law provide for the case of removal, death, resignation, or +inability, both of the President and Vice President, declaring what +officer shall then act as President, and such officer shall act +accordingly, until the disability be removed, or a President shall be +elected. + +6 The President shall, at stated times, receive for his services a +compensation, which shall neither be increased nor diminished during the +period for which he shall have been elected, and he shall not receive +within that period any other emolument from the United States, or any of +them. + +7 Before he enter on the execution of his office, he shall take the +following oath or affirmation:--"I do solemnly swear (or affirm) that I +will faithfully execute the office of President of the United States, +and will to the best of my ability, preserve, protect and defend the +Constitution of the United States." + +SECTION 2. 1 The President shall be commander in chief of the army and +navy of the United States, and of the militia of the several States, +when called into the actual service of the United States; he may require +the opinion, in writing, of the principal officer in each of the +executive departments, upon any subject relating to the duties of their +respective offices, and he shall have power to grant reprieves and +pardons for offenses against the United States, except in cases of +impeachment. + +2 He shall have power, by and with the advice and consent of the Senate, +to make treaties, provided two thirds of the senators present concur; +and he shall nominate, and by and with the advice and consent of the +Senate, shall appoint ambassadors, other public ministers and consuls, +judges of the Supreme Court, and all other officers of the United +States, whose appointments are not herein otherwise provided for, and +which shall be established by law: but the Congress may by law vest the +appointment of such inferior officers, as they think proper, in the +President alone, in the courts of law, or in the heads of departments. + +3 The President shall have power to fill up all vacancies that may +happen during the recess of the Senate, by granting commissions which +shall expire at the end of their next session. + +SECTION 3. He shall from time to time give to the Congress information +of the state of the Union, and recommend to their consideration such +measures as he shall judge necessary and expedient; he may, on +extraordinary occasions, convene both Houses, or either of them, and in +case of disagreement between them with respect to the time of +adjournment, he may adjourn them to such time as he shall think proper; +he shall receive ambassadors and other public ministers; he shall take +care that the laws be faithfully executed, and shall commission all the +officers of the United States. + +SECTION 4. The President, Vice President, and all civil officers of the +United States, shall be removed from office on impeachment for, and +conviction of, treason, bribery, or other high crimes and misdemeanors. + + +ARTICLE III + +SECTION 1. The judicial power of the United States shall be vested in +one Supreme Court, and in such inferior courts as the Congress may from +time to time ordain and establish. The judges, both of the Supreme and +inferior courts, shall hold their offices during good behavior, and +shall, at stated times, receive for their services, a compensation which +shall not be diminished during their continuance in office. + +SECTION 2. 1 The judicial power shall extend to all cases, in law and +equity, arising under this Constitution, the laws of the United States, +and treaties made, or which shall be made, under their authority;--to +all cases affecting ambassadors, other public ministers and consuls;--to +all cases of admiralty and maritime jurisdiction;--to controversies to +which the United States shall be a party;--to controversies between two +or more States;--between a State and citizens of another +State;[122]--between citizens of different States,--between citizens of +the same State claiming lands under grants of different States, and +between a State, or the citizens thereof, and foreign States, citizens +or subjects. + + [122] See the 11th Amendment. + +2 In all cases affecting ambassadors, other public ministers and +consuls, and those in which a State shall be party, the Supreme Court +shall have original jurisdiction. In all the other cases before +mentioned, the Supreme Court shall have appellate jurisdiction, both as +to law and fact, with such exceptions, and under such regulations as the +Congress shall make. + +3 The trial of all crimes, except in cases of impeachment, shall be by +jury; and such trial shall be held in the State where the said crimes +shall have been committed; but when not committed within any State, the +trial shall be at such place or places as the Congress may by law have +directed. + +SECTION 3. 1 Treason against the United States, shall consist only in +levying war against them, or in adhering to their enemies, giving them +aid and comfort. No person shall be convicted of treason unless on the +testimony of two witnesses to the same overt act, or on confession in +open court. + +2 The Congress shall have power to declare the punishment of treason, +but no attainder of treason shall work corruption of blood, or +forfeiture except during the life of the person attainted. + + +ARTICLE IV + +SECTION 1. Full faith and credit shall be given in each State to the +public acts, records, and judicial proceedings of every other State. +And the Congress may by general laws prescribe the manner in which such +acts, records and proceedings shall be proved, and the effect thereof. + +SECTION 2. 1 The citizens of each State shall be entitled to all +privileges and immunities of citizens in the several States. + +2 A person charged in any State with treason, felony, or other crime, +who shall flee from justice, and be found in another State, shall on +demand of the executive authority of the State from which he fled, be +delivered up to be removed to the State having jurisdiction of the +crime. + +3 No person held to service or labor in one State, under the laws +thereof, escaping into another, shall, in consequence of any law or +regulation therein, be discharged from such service or labor, but shall +be delivered up on claim of the party to whom such service or labor may +be due.[123] + + [123] See the 13th Amendment. + +SECTION 3. 1 New States may be admitted by the Congress into this Union; +but no new State shall be formed or erected within the jurisdiction of +any other State; nor any State be formed by the junction of two or more +States, or parts of States, without the consent of the legislatures of +the States concerned as well as of the Congress. + +2 The Congress shall have power to dispose of and make all needful rules +and regulations respecting the territory or other property belonging to +the United States; and nothing in this Constitution shall be so +construed as to prejudice any claims of the United States, or of any +particular State. + +SECTION 4. The United States shall guarantee to every State in this +Union a republican form of government, and shall protect each of them +against invasion; and on application of the legislature, or of the +executive (when the legislature cannot be convened) against domestic +violence. + + +ARTICLE V + +The Congress, whenever two thirds of both Houses shall deem it +necessary, shall propose amendments to this Constitution, or, on the +application of the legislatures of two thirds of the several States, +shall call a convention for proposing amendments, which, in either case, +shall be valid to all intents and purposes, as part of this +Constitution, when ratified by the legislatures of three fourths of the +several States, or by conventions in three fourths thereof, as the one +or the other mode of ratification may be proposed by the Congress; +Provided that no amendment which may be made prior to the year one +thousand eight hundred and eight shall in any manner affect the first +and fourth clauses in the ninth section of the first article; and that +no State, without its consent, shall be deprived of its equal suffrage +in the Senate. + + +ARTICLE VI + +1 All debts contracted and engagements entered into, before the adoption +of this Constitution, shall be as valid against the United States under +this Constitution, as under the Confederation. + +2 This Constitution, and the laws of the United States which shall be +made in pursuance thereof; and all treaties made, or which shall be +made, under the authority of the United States, shall be the supreme law +of the land; and the judges in every State shall be bound thereby, +anything in the Constitution or laws of any State to the contrary +notwithstanding. + +3 The senators and representatives before mentioned, and the members of +the several State legislatures, and all executive and judicial officers, +both of the United States, and of the several States, shall be bound by +oath or affirmation to support this Constitution; but no religious test +shall ever be required as a qualification to any office or public trust +under the United States. + + +ARTICLE VII + +The ratification of the conventions of nine States shall be sufficient +for the establishment of this Constitution between the States so +ratifying the same. + + Done in Convention by the unanimous consent of the States present + the seventeenth day of September in the year of our Lord one + thousand seven hundred and eighty-seven, and of the independence of + the United States of America the twelfth. In witness whereof we + have hereunto subscribed our names, + + Go: WASHINGTON-- + + Presidt. and Deputy from Virginia. + + (Signed also by thirty-eight other delegates, from twelve states.) + + Articles in addition to, and amendment of, the Constitution of the + United States of America, proposed by Congress, and ratified by the + legislatures of the several States pursuant to the fifth article of + the original Constitution. + + +ARTICLES I-X[124] + + [124] The first ten Amendments were adopted in 1791. + +ARTICLE I. Congress shall make no law respecting an establishment of +religion, or prohibiting the free exercise thereof; or abridging the +freedom of speech, or of the press; or the right of the people peaceably +to assemble, and to petition the government for a redress of grievances. + +ARTICLE II. A well regulated militia, being necessary to the security of +a free State, the right of the people to keep and bear arms, shall not +be infringed. + +ARTICLE III. No soldier shall, in time of peace be quartered in any +house, without the consent of the owner, nor in time of war, but in a +manner to be prescribed by law. + +ARTICLE IV. The right of the people to be secure in their persons, +houses, papers, and effects, against unreasonable searches and seizures, +shall not be violated, and no warrants shall issue, but upon probable +cause, supported by oath or affirmation, and particularly describing the +place to be searched, and the persons or things to be seized. + +ARTICLE V. No person shall be held to answer for a capital, or otherwise +infamous crime, unless on a presentment or indictment of a grand jury, +except in cases arising in the land or naval forces, or in the militia, +when in actual service in time of war or public danger; nor shall any +person be subject for the same offense to be twice put in jeopardy of +life or limb; nor shall be compelled in any criminal case to be a +witness against himself, nor be deprived of life, liberty, or property, +without due process of law; nor shall private property be taken for +public use without just compensation. + +ARTICLE VI. In all criminal prosecutions, the accused shall enjoy the +right to a speedy and public trial, by an impartial jury of the State +and district wherein the crime shall have been committed, which district +shall have been previously ascertained by law, and to be informed of the +nature and cause of the accusation; to be confronted with the witnesses +against him; to have compulsory process for obtaining witnesses in his +favor, and to have the assistance of counsel for his defense. + +ARTICLE VII. In suits at common law, where the value in controversy +shall exceed twenty dollars, the right of trial by jury shall be +preserved, and no fact tried by a jury shall be otherwise reexamined in +any court of the United States, than according to the rules of the +common law. + +ARTICLE VIII. Excessive bail shall not be required, nor excessive fines +imposed, nor cruel and unusual punishments inflicted. + +ARTICLE IX. The enumeration in the Constitution of certain rights shall +not be construed to deny or disparage others retained by the people. + +ARTICLE X. The powers not delegated to the United States by the +Constitution, nor prohibited by it to the States, are reserved to the +States respectively, or to the people. + + +ARTICLE XI[125] + +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. + + [125] Adopted in 1798. + + +ARTICLE XII[126] + +The electors shall meet in their respective States, and vote by ballot +for President and Vice President, one of whom, at least, shall not be an +inhabitant of the same State with themselves; they shall name in their +ballots the person voted for as President, and in distinct ballots the +person voted for as Vice President, and they shall make distinct lists +of all persons voted for as President and of all persons voted for as +Vice President, and of the number of votes for each, which lists they +shall sign and certify, and transmit sealed to the seat of the +government of the United States, directed to the president of the +Senate;--The president of the Senate shall, in the presence of the +Senate and House of Representatives, open all the certificates and the +votes shall then be counted;--The person having the greatest number of +votes for President shall be the President, if such number be a majority +of the whole number of electors appointed; and if no person have such +majority, then from the persons having the highest numbers not exceeding +three on the list of those voted for as President, the House of +Representatives shall choose immediately, by ballot, the President. But +in choosing the President, the votes shall be taken by States, the +representation from each State having one vote; a quorum for this +purpose shall consist of a member or members from two thirds of the +States, and a majority of all the States shall be necessary to a choice. +And if the House of Representatives shall not choose a President +whenever the right of choice shall devolve upon them, before the fourth +day of March next following, then the Vice President shall act as +President, as in the case of the death or other constitutional +disability of the President. The person having the greatest number of +votes as Vice President shall be the Vice President, if such number be a +majority of the whole number of electors appointed, and if no person +have a majority, then from the two highest numbers on the list, the +Senate shall choose the Vice President; a quorum for the purpose shall +consist of two thirds of the whole number of senators, and a majority of +the whole number shall be necessary to a choice. But no person +constitutionally ineligible to the office of President shall be eligible +to that of Vice President of the United States. + + [126] Adopted in 1804. + + +ARTICLE XIII[127] + + [127] Adopted in 1865. + +SECTION 1. Neither slavery nor involuntary servitude, except as a +punishment for crime whereof the party shall have been duly convicted, +shall exist within the United States, or any place subject to their +jurisdiction. + +SECTION 2. Congress shall have power to enforce this article by +appropriate legislation. + + +ARTICLE XIV[128] + + [128] Adopted in 1868. + +SECTION 1. All persons born or naturalized in the United States, and +subject to the jurisdiction thereof, are citizens of the United States +and of the State wherein they reside. No State shall make or enforce any +law which shall abridge the privileges or immunities of citizens of the +United States; nor shall any State deprive any person of life, liberty, +or property, without due process of law; nor deny to any person within +its jurisdiction the equal protection of the laws. + +SECTION 2. Representatives shall be apportioned among the several States +according to their respective numbers, counting the whole number of +persons in each State, excluding Indians not taxed. But when the right +to vote at any election for the choice of electors for President and +Vice President of the United States, representatives in Congress, the +executive and judicial officers of a State, or the members of the +legislature thereof, is denied to any of the male inhabitants of such +State, being twenty-one years of age, and citizens of the United States, +or in any way abridged, except for participation in rebellion, or other +crime, the basis of representation therein shall be reduced in the +proportion which the number of such male citizens shall bear to the +whole number of male citizens twenty-one years of age in such State. + +SECTION 3. No person shall be a senator or representative in Congress, +or elector of President and Vice President, or hold any office, civil or +military, under the United States, or under any State, who, having +previously taken an oath, as a member of Congress, or as an officer of +the United States, or as a member of any State legislature, or as an +executive or judicial officer of any State, to support the Constitution +of the United States, shall have engaged in insurrection or rebellion +against the same, or given aid or comfort to the enemies thereof. But +Congress may by a vote of two thirds of each House, remove such +disability. + +SECTION 4. The validity of the public debt of the United States, +authorized by law, including debts incurred for payment of pensions and +bounties for services in suppressing insurrection or rebellion, shall +not be questioned. But neither the United States nor any State shall +assume or pay any debt or obligation incurred in aid of insurrection or +rebellion against the United States, or any claim for the loss or +emancipation of any slave; but all such debts, obligations and claims +shall be held illegal and void. + +SECTION 5. The Congress shall have power to enforce, by appropriate +legislation, the provisions of this article. + + +ARTICLE XV[129] + + [129] Adopted in 1870. + +SECTION 1. The right of citizens of the United States to vote shall not +be denied or abridged by the United States or by any State on account of +race, color, or previous condition of servitude. + +SECTION 2. The Congress shall have power to enforce this article by +appropriate legislation. + + +ARTICLE XVI[130] + + [130] Adopted in 1913. + +The Congress shall have power to lay and collect taxes on incomes, from +whatever source derived, without apportionment among the several States, +and without regard to any census or enumeration. + + +ARTICLE XVII[131] + + [131] Adopted in 1913. + +The Senate of the United States shall be composed of two senators from +each State, elected by the people thereof, for six years; and each +senator shall have one vote. The electors in each State shall have the +qualifications requisite for electors of the most numerous branch of the +State legislatures. + +When vacancies happen in the representation of any State in the Senate, +the executive authority of such State shall issue writs of election to +fill such vacancies: _Provided_, That the legislature of any State may +empower the executive thereof to make temporary appointments until the +people fill the vacancies by election as the legislature may direct. + +This amendment shall not be so construed as to affect the election or +term of any senator chosen before it becomes valid as part of the +Constitution. + + +ARTICLE XVIII[132] + + [132] Adopted in 1919. + +SECTION 1. After one year from the ratification of this article the +manufacture, sale, or transportation of intoxicating liquors within, the +importation thereof into, or the exportation thereof from the United +States and all territory subject to the jurisdiction thereof for +beverage purposes is hereby prohibited. + +SECTION 2. The Congress and the several states shall have concurrent +power to enforce this article by appropriate legislation. + +SECTION 3. This article shall be inoperative unless it shall have been +ratified as an amendment to the Constitution by the Legislatures of the +several States, as provided by the Constitution, within seven years from +the date of the submission hereof to the States by the Congress. + + +ARTICLE XIX[133] + + [133] Adopted in 1920. + +SECTION 1. The right of citizens of the United States to vote shall not +be denied or abridged by the United States or by any State on account of +sex. + +SECTION 2. Congress shall have power, by appropriate legislation, to +enforce the provisions of this article. + + + + +INDEX + + + Adams, John, as President, 314. + + Administrative courts in Europe, 364, _n._ + + Ad valorem duties, 218. + + Agriculture, Department of, 345-346. + + Alaska, acquisition, 374. + government, 372-374. + + Aliens, disabilities of, 389. + rights and duties of, 388. + See also Citizenship. + + Ambassadors of American government, 327. + + Amendments of national constitution, fourth, 366. + fifth, sixth, and eighth, 365, 366. + eleventh, 355. + twelfth, 280. + fourteenth, 383-384, 176. + fifteenth, 127, 176. + sixteenth, 224. + seventeenth, 184. + eighteenth, 241. + nineteenth, 129. + + Amnesty, 320. + + Animal Husbandry, Bureau of, 345. + + Annapolis, Convention, 164. + naval academy at, 268. + + Annexation, citizenship through, 385. + + Anti-Federalists, 170, 171. + + Appointment, president's power of, 301. + + Apportionment, in state legislatures, 76, 77. + of federal representatives, 175. + + Appraisal of customs duties, 221. + + Appropriations, federal, 225. + preparation of bills, 225. + + Army, distribution of, 263, _n_. + expenditures for, 264. + general staff, 262. + militia, 265-266. + power of Congress over, 262. + present strength, 263. + ranks of officers, 268. + salaries of officers, 264. + volunteers, 264. + war department, 333-336. + + Arsenals, United States, location of, 335. + + Articles of Confederation, 393. + adoption of, 159-160. + defects of, 161-164. + government under, 160-161. + + Attainder, 367; + bill of attainder, 69, 59. + + Attorney-General, of United States, 338. + + Australian ballot, 135. + + + Bail, 119. + + Ballot, Australian, 135. + evolution of, 134. + forms of, 135-137. + reform of, 137-139. + + Bankruptcy, hearing of petitions, 270. + legislation by Congress, 269-270. + state legislation, 269. + + Banks, federal reserve, 233. + national, 232, 332. + postal savings, 254. + + Bill of Rights, in state constitutions, 68-69. + + Bills, in state legislatures, 82-84. + in Congress, 204-205. + + Bonds, United States, 226-227. + + Bribery, 84-85, 140-142. + in senatorial elections, 183. + + Bryan, William J., candidate for President, 291. + + + Cabinet, appointment of members, 325. + composition of, 324. + origin and nature of, 324. + responsibility of, 325. + + Census, Bureau of, 347. + + Centralized government, 5. + + Charters, city, 31-33. + method of granting, 31-32. + + Chemistry, Bureau of, 346. + + Chicago, budget of, in 1909, 41. + police force, 44. + + China, U.S. court in, 363. + + Chinese, exclusion of, 239. + ineligibility to citizenship, 385. + + Cities, charters, 31-33. + city manager plan of government, 53. + commission plan of government, 51-53. + finances, 41-44. + growth of, 26-29. + legislative interference in cities, 33-34. + officers of, 35-41. + position in state, 30. + state control of, 30-31. + + Citizens, treatment of by states, 63-64. + + Citizenship, acquisition of, 383, 385. + bureau of, 330. + definition of, 383. + disqualifications, 385. + double citizenship, 386-387. + duties and obligations, 390. + interstate rights of citizens, 387. + loss of, 386. + rights of citizens, 389. + + City council, 35-38; + see Cities. + + Civil cases, trial of in state courts, 115-118. + + Civil service reform, in national government, 306. + effect of competitive system, 309. + examinations, 308. + exempt positions, 308. + extent of classified service, 307. + in diplomatic and consular service, 327-329. + law of 1883, 306. + law of 1907, 309, _n._ + + Civil service reform, state, 105-106. + + Claims, Court of, 363. + + Cleveland, Grover, as President, 227, 275. + extension of civil service by, 307. + + Coast and Geodetic Survey, 349. + + Coast Guard, 333. + + Commerce, anti-trust legislation, 244-245. + federal regulation, 168-169. + interstate, 240. + Interstate Commerce Commission, 242. + power to regulate, 236. + pure food legislation, 246. + regulation of foreign commerce by Congress, 236-240. + regulation of railway traffic, 242-244. + + Commerce, Department of, 346-349. + + Commerce, Foreign and Domestic, Bureau of, 349. + + Commerce Court, 364. + + Commission, Interstate Commerce, 242. + + Commission plan of city government, 51-53. + + Committees, in Congress, 201-204, 206. + conference, 212. + committee on rules, 208, 210. + committee of the whole, 207. + forms of action in, 205. + hearings, 205. + reference of bills to, 204. + + Committees, in state legislatures, 81. + + Committees, party, 148-150, 289-290. + + Commutation, 321. + + Comptroller of the Currency, 332. + + Concurrent resolutions, 319. + + Congress, action on bills, 204-213. + adjournment by President, 316. + committees, 201-212. + compensation of members, 188-189. + control over election of members, 187. + extra sessions, 315. + open sessions, 200. + organization, 197-199. + powers, 248-272. + implied powers, 270-272. + powers under Articles, 160, 162-164. + private bills, 204, _n._, 208. + public bills, 204, _n._ + quorum, 199. + representation in, 166-167. + rights and privileges of members, 189-190. + rules of procedure, 206-215. + seating of members, 200. + sessions of, 175. + suspension of rules, 208. + + Constitution, federal compromises, 166-169. + construction of, 270-271. + making of, 165-169. + opposition to, 169-170. + prohibition on governments, 59. + ratification of, 169-172. + + Constitution, state, amendment of, 70. + bill of rights, 68-69. + contents of, 67-68. + framing of, 64-65. + length, 67. + ratification, 65-66. + + Constitutional Convention, 1787, compromises of, 166-169. + personnel, 165. + work of, 166. + + Consular Service, Bureau of, 329. + consular courts, 329, _n._ + duties of consuls, 329. + recent reforms, 329. + + Continental Congress, 159. + + Convention, national political, committees in, 287. + nomination of candidates, 288. + organization of, 287. + platform, 288. + + Conventions, state, 153-157. + + Copyrights, 258-259. + + Corporations, Bureau of, 349. + + Corrupt practices, acts regulating, 140-142. + + Council, city, 35-38. + mode of election, 36-37. + powers, 37. + See also Cities. + + County, government of, 14-20. + officers, 16-20. + population and area, 14. + + County-township system of local government, 21-23 + + Courts, federal, 353-367. + + Courts, state, 109-123. + function of, 109. + grades of state, 109-111. + municipal courts, 50-51. + qualifications of judges 112-113. + trials, 115-123. + + Criminal cases, trial of in state courts, 118-123. + + Customs Appeals, U. S. Court of, 363. + + Customs duties, collection of, 220. + + + Debt, national, 225. + growth of, 227. + + Dependencies, 379-381. + + Diplomatic service, Bureau of, 326-327. + + Direct legislation, 85-89. + + Direct primary, 157. + + District of Columbia, courts in, 364. + government of, 380-381. + + Division of powers, 58-59. + + + Education, Bureau of, 344-345. + + Elections, ballots, 135-139. + fraudulent voting, 140-142. + manner of holding, 133, 139. + registration for, 131. + suffrage, 125-129. + time of holding, 132. + + Electoral college, 276, 277. + method of voting in, 279-281. + + Electoral Count Law, 283. + + Embargo Act, 237. + + Eminent domain, 69, 74. + + Enabling Act, 65. + + Engraving and Printing, Bureau of, 333. + + Executive. See President and Governor. + + Executive department, state, 91-106. + + Expenditures, national, growth of, 225. + + Ex post facto law, 69, 59. + + + Federalists, 170. + + Federal land banks, 234. + + Federal republic, 172. + + Federal reserve banks, 233. + + Federal trade commission, 245. + + Fee system, in consular service, 330. + + Fifteenth Amendment, 127, 176. + + Filibustering, 207, 214. + + Fire protection in cities, 47-48. + + Fisheries, Bureau of, 348. + + Foreign Relations. See State Department. + + Forest Service, 346. + + Fourteenth Amendment, 176, 383-384. + + Franchises, of public utilities, 48-50. + power of city council to grant, 37-38. + + Franking, privilege of, 189. + + Fugitives from justice, surrender of by states, 63. + + + Galveston, municipal government in, 51-52. + + Garfield, James A., assassination, 294, 306. + + General Staff, of War Department, 334. + + Geological Survey, the, 334. + + Gerrymander, 77, 177. + + Governor, election and qualification, 91. + powers, 96-99. + salary, 92. + term, 91. + + Grand jury, 119. + + Grant, U. S., candidate for third term, 276, _n._ + + Greenbacks, 228, 231. + + Guam, 379. + + + Habeas Corpus, 119. + power of governor to suspend, 101. + power of President to suspend, 312. + + Hamilton, Alexander, 275, _n._ + construction of constitution, 271. + + Hawaiian Islands, 372. + + Hayes, R. B., disputed election of, 282. + + Health protection in cities, 46-47. + + Henry, Patrick, opposition to Constitution, 171. + + Home rule charters for cities, 32. + + House of Representatives, national, 174-178. + election of president, 283. + procedure, 207-213. + rules of, 207. + See also Congress. + + House of Representatives, state, 76. + See also Legislature. + + + Illinois, minority representation in, 78. + + Immigration, 238, _n._, 349. + + Immigration and Naturalization, Bureaus of, 350. + + Impeachment, federal, 192. + state, 100. + + Income taxes, 223. + + Indexes and Archives, Bureau of, 330. + + Indian affairs, allotment act, 342. + Indian agents, 342. + policy of government toward Indians, 342. + schools for Indians, 342. + + Indictment, by grand jury, 120. + + Initiative and Referendum, 85-89. + + Insular Affairs, Bureau of, 335-336. + + Insular cases, 370. + + Insurgents, in Republican party, 210. + + Insurrection, power to suppress, 313. + + Interior, Department of, 339-345. + + International law, 390. + + International Postal Union, 257. + + Interstate commerce, 240. + + Interstate Commerce Commission, 242. + + Invasion, protection of states against, 313. + + + Jackson, Andrew, as President, 304. + + Jefferson, Thomas, as President, 314. + as president of senate, 282, _n._ + construction of Constitution, 271. + election to presidency, 284. + vote for President, 280. + + Johnson, Andrew, impeachment of, 293, 305. + removal of officers, 304. + + Joint resolutions, 204, _n._, 319. + + Judges, of federal courts, 356 ff. + of state courts, 112-115. + + Judicial control over President, 321-322. + over subordinate executive officers, 322. + + Judiciary, federal, 353-367. + in organized territories, 373. + state, 109-123. + + Jurisdiction. See Courts. + + Justice, Department of, 338-339. + + + Labor, Department of, 350. + + Land offices, 341. + + Legislation, direct, 85-89. + + Legislature, in organized territories, 373. + + Legislature, state, compensation of members, 79. + minority representation in, 77-78. + organization, 80-82. + passage of bill in, 82-84. + powers of, 73, 74. + sessions of, 78-79. + structure, 75-77. + + Life-Saving Service, 333. + + Lighthouses, Bureau of, 348. + + Lincoln, Abraham, as President, 275. + popular vote for President, 279. + powers exercised as President, 300. + + Lobbying, 84-85. + + Local government, conflict of systems in West, 21-22. + importance of, 6-7. + kinds, 5. + merits, 6. + types of, 7. + + Local option liquor laws, 87. + + + Manufactures, promotion of, 349. + + Marshall, Chief Justice, decision in Marbury v. Madison, 361. + interpretation of Constitution, 271. + + Massachusetts, constitution of, 66. + + Mayor, the, 38-39. + + McKinley, Wm., as President, 275, _n._, 294. + + Merit system. See Civil Service Reform. + + Military Academy, the, 336. + + Military Secretary, the, 334. + + Militia, the, 265-266. + + Mines, Bureau of, 344. + + Minority representation in state legislature, 77-78. + + Mint, Director of, 332. + + Mints, U.S., 228, _n._ + + Mississippi, ratification of constitution of, 66. + + Monetary system, 228-232. + + Morrill Act, 340. + + Municipal government, 25-50. + + + Naturalization, 350, 383-385. + + Nautical Almanac, publication of, 337. + + Naval Academy, U. S., 338. + + Navigation, Bureaus of, 337, 347. + + Navigation laws, 237. + + Navy, the, 264-269. + + Navy Department, 336-338. + + Navy yards, location of, 337. + + New England town, the, 8. + + Newport, naval war college at, 268. + + New York type of local government, 21-22. + + New York city, budget of, 41. + collections from customs duties in, 222. + police force, 44. + + Nonintercourse Act of 1809, 237. + + Northern Securities case, 245. + + + Ordinance of 1787, 371. + + Ordinances, power of the President to issue, 316. + + Ordnance, Bureau of, 337. + + Oregon, initiative and referendum in, 87, 88. + + Original package doctrine, 241. + + + Pagopago, harbor of, 379. + + Panama Canal, construction of, 271, 335. + + Panama Canal Zone, 379-380. + + Parcels post, 255. + + Pardons, amnesty, 320. + commutation, 321. + extent of President's power over, 320. + parole, 321. + power of governor to grant, 102, 103. + + Parole, 321. + + Parties. See Political Parties. + + Passports, 326. + + Patent Office, 344. + + Patents, 259-261. + number granted, 261. + + Pennsylvania type of local government, 22. + + Pension Bureau, 343-344. + + Philippine Islands, 374-378. + + Plant Industry, Bureau of, 345. + + Platform of political parties, 155, 288. + + Police power, 241. + + Police protection in cities, 44-46. + + Political parties, conventions, 153-157, 287-288. + local, 145. + national, 145-148. + nature and functions, 144. + nomination of candidates, 153-157. + organization, 148-150. + platform, 155, 288. + primaries of, 150-152. + + Porto Rico, 374-376. + + Ports of delivery, 220, _n._ + + Postmaster-General, the, 339. + + Post Office, the, classes, 257. + classification of mail matter, 247. + development of postal service, 248. + "fraud orders," 249. + free delivery, 252. + international postal union, 257. + mail matter, 249. + money order service, 254. + parcels post, 255. + postal deficit, 249. + postal savings banks, 254. + postal subsidies, 256. + rates of postage, 249. + registry service, 253. + second-class matter, 251. + + Post Office Department, 339. + + Powers, division of between state and national government, 58. + of municipal corporations, 32. + + President, campaigns for election of, 291. + choice of President by electors, 279-281. + choosing of electors, 277-279. + compensation, 299. + contributions by corporations forbidden, 292. + counting of electoral vote, 281-283. + creation of office, 274. + election by House, 283-285. + electoral and popular vote, 279. + failure of electoral plan, 277. + immunity from judicial control, 321. + impeachment of, 322. + inauguration, 298. + mode of election, 276. + powers and duties, 300-320. + publicity of campaign contributions, 292-293. + qualifications, 275. + raising funds for campaign, 291. + succession to presidency, 293-295. + term of office, 275. + + Previous question, the, 211. + + Primaries, 150-153; + direct primary, 156. + + Privateer, 262. + + Probation, 123. + + Public defender, 121. + + Public Health Service, in Department of the Treasury, 332. + + Public lands, disposal of, 340. + Homestead Act, 341. + land offices, 341. + Morrill Act, 340. + Preemption Act, 340. + present extent of, 341. + + Public Opinion Law, in Illinois, 87. + + Public utilities, in municipalities, 48. + government ownership of, 50. + + Pure food, legislation concerning, 240, 246. + + + Quarantine, laws by Congress, 239. + + Quartermaster Corps, 334. + + + Recall, 101. + + Reciprocity treaties, 220. + + Reed, Thomas B., rule on quorum, 200. + + Referendum, 85-89. + + Registration for elections, 131. + + Removal, President's power of, 303-309. + + Representatives, House of. See House, Congress, Legislature. + + Resolutions, 204, _n._ + + Revenue, sources of federal, 218. + + Revenue Cutter Service, 333. + + Roosevelt, Theodore, as President, 224, 275, _n._ + extension of civil service by, 307. + + + Samoan Islands, 379. + + Secret Service, the, 333. + + Senate, national, as executive council to President, 274. + classification of senators, 181. + debate in, 214. + mode of election, 181-184. + power to amend revenue measures, 219, _n._ + president of, 213. + procedure in, 213-215. + right of legislature to instruct, 185. + special functions of, 190-194. + See Congress. + + Senate, state, 75. + See Legislature. + + Sherman Anti-Trust Law, 245. + + Sherman treasury notes, 231. + + Shipping board, 257. + + Slavery compromise in Constitution, 167-168. + + South Carolina, ratifies constitution, 66. + + Speaker, English, 209. + of House of Representatives, powers, 203, 209. + + Special legislation, constitutional protection against, 34. + + Specific duties, 218. + + Spoils system, 106, 304. + elimination of in diplomatic service, 327. + + Standards, Bureau of, 349. + + State, obligations and duties, 62-64. + place of in federal system, 57. + powers of, 59, 60. + prohibitions on in federal Constitution, 59. + rights and privileges, 60-62. + + State boards and commissions, 104-105. + + State, Department of, organization and functions, 325-330. + + Steamboat Inspection Service, 348. + + "Strike" bills, 85. + + Succession Law of 1792, 294. + of 1886, 295. + + Suffrage, nature of elective franchise, 125. + qualifications for voting, 125-129. + woman suffrage, 128. + + Supervising Architect, 333. + + Surgeon General, 334. + + + Taft, Wm. H., governor of Philippines, 377. + + Tariff, maximum and minimum principle, 219. + preparation of bill, 219. + protective, 218. + + Taxation, federal, collection of taxes, 222. + collection of customs duties, 220. + corporation tax, 224. + customs duties, 218. + forms of federal taxes, 217. + income taxes, 223. + inheritance taxes, 224. + internal revenue taxes, 221. + national power of, 217. + protective tariff, 218. + reciprocity treaties, 220. + tariff bills, 219. + + Taxation, Municipal, 42. + + Territories, courts in, 364. + extension of Constitution to, 369. + government of organized, 372-374. + Northwest Territory, 371. + origin of territorial system, 370. + partly organized, 374-378. + powers of Congress over, 369. + representation of in Congress, 175, _n._ + unorganized, 379-381. + + Territory, government of occupied, 312. + + Tobacco, tax on, 222. + + Tonnage laws, 237. + + Town meeting, the, 9-10. + conditions unfavorable to, 10-11. + + Town system of local government, 7, 13. + officers of, 11-14. + powers of, 8-9. + + Treason, punishment of, 366-367. + + Treasury, Department of, 331-332. + + Treaties, negotiation of, 310, 328. + senate's share in making, 310. + + Treaty, reciprocity, 220. + + Trials, in courts, 115-123. + + Tutuila, 379. + + + United States funds, deposit of, 224. + + + Veto, exercise of power by President, 212, 213, 317. + importance of, 319. + power of governor, 97-99. + use of in practice, 318. + + Vice President, election by senate, 285. + electoral vote for, 280. + nomination of, 289. + presiding officer of, 197. + + Village government, 53. + + Voting machines, 139. + + + War, Department of, organization and functions, 333-336. + + Warrants, issued by secretary of state, 326. + + Washington, George, as President, 275, 314, 356. + + Weather Bureau, the, 345. + + West Point Military Academy, 336. + + Wilson, James, 275, _n._ + + + Yards and Docks, Bureau of, 337. + + + +***END OF THE PROJECT GUTENBERG EBOOK GOVERNMENT IN THE UNITED STATES*** + + +******* This file should be named 38014.txt or 38014.zip ******* + + +This and all associated files of various formats will be found in: +http://www.gutenberg.org/dirs/3/8/0/1/38014 + + + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. 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