■wruawwimiimi w i' Glass -J W . £ 5 \ Book. A j Copyright^N?_ COPYRIGHT DEPOSIT. OUR GOVERNMENT LOCAL, STATE, AND NATIONAL OUR GOVERNMENT LOCAL, STATE, AND NATIONAL BY J. A. JAMES, Ph.D. PROFESSOR OF HISTORY IN NORTHWESTERN UNIVERSITY AND A. H. SANFORD, M.A. PROFESSOR OF HISTORY, STATE NORMAL SCHOOL, STEVENS POINT, WISCONSIN NEW YORK CHARLES SCRIBNER'S SONS 1904 ■3^ COPYRIGHT, I903, BY CHARLES SCRIBNER'S SONS Norfaooti $rcE3 J. S. Cushing & Co. —Berwick & Smith Co. Norwood, Mass., U.S.A. PREFACE. The subject-matter herewith presented partially repre- sents the plan pursued by the authors as teachers of civil government for a number of years in high school, academy, and normal school. It has been found that a study of the methods by which the affairs of government are conducted gives constant interest to the work, and, consequently, the practical side of government has been emphasized. But while our desire has been to bring the actual working of the institutions under which the student lives into promi- nence, we have also attempted to give such accounts of the origin and early development of forms of government as will assist in explaining their process of growth. The plan of discussion is similar to that followed in " Government in State and Nation." The general favor with which that text has been received leads to the belief that it fully meets the requirement of the Committee of Seven for such schools as present civil government in the third or fourth year of the course. In many cases, however, the subject is taught earlier in the course, and the present work has been pre- pared in answer to the requests of teachers for a text suitable to this class of students. The arrangement is such that either Local (Part I), National (Part II), or State Government (Part III) may be studied first. In the work on local and State govern- ment it is not expected that the student will learn all of the different practices found in the various States, but that he will compare them with those of his own State. VI PREFACE. While some of the discussions and many of the sugges- tive questions are intended to make students realize more completely their duties as citizens, many more having a local bearing will occur to teachers. It is scarcely to be hoped that all of the books and magazines mentioned will be found in any high school library, but the need for sup- plementary reading is being met through the rapid increase of public libraries. A working library on the subject of civics may be accumulated in a short time if only a few of the books given in Appendix C are procured each year. No attempt has been made to give references to all of the material which has appeared within the past few years. The ability of the reader and the time to be devoted to the subject have been kept constantly in mind. There may be more supplementary questions and references than can be used by any one class. Should it happen, on the other hand, that more work of this character is desired, the need may be met by reference to similar questions in " Government in State and Nation." We are under obligation to Miss Carla F. Sargent of Northwestern University Academy who read a large part of the manuscript. We also take this opportunity of acknowledging the assistance given by many teachers of civics, strangers to us, who are using " Government in State and Nation," for their helpful suggestions. Evanston, Illinois, May i, 1903. CONTENTS. CHAPTER I. II. III. IV. PART I. The Work of Local Government . County Government .... The Origin of Local Governments PAGE I 7 13 The Government of Cities 19 PART II. V. Events leading to the Formation of the Union VI. The Constitutional Convention VII. Organization of the Legislative Department VIII. Powers and Duties of the Separate Houses IX. How Laws are made by Congress. X. Some Important Powers of Congress XL Other General Powers of Congress XII. Powers denied the United States and the Sev eral States .... XIII. The Executive Department . XIV. Powers and Duties of the President XV. The Cabinet XVI. The National Judiciary . XVII. Territories and Public Lands XVIII. Amendments to the Constitution . XIX. The Governments of the World . 32 40 5° 66 73 83 in "5 131 141 156 165 175 179 viii CONTENTS. APPENDIX. A. Constitution of the United States . . . .187 B. The Articles of Confederation . . . . 204 C. Reference Books 213 INDEX 215 PART I. LOCAL GOVERNMENTS. CHAPTER I. THE WORK OF LOCAL GOVERNMENT. The Preservation of Order. — The first and most impor- tant function of any government is the preservation of order. We think of this function most frequently as exer- cised in the arrest of offenders who violate the law. In fact, most young persons receive their earliest ideas of government by seeing that embodiment of governmental authority, the policeman, or constable. But he is not the only officer who is concerned in the preservation of order. The police officer who makes an arrest cannot punish his prisoner, but must merely hold him until it is decided that he deserves punishment. This is the work of a court, with its justice, or judge, and the jury. If the prisoner is declared guilty, then the police officer executes the orders of the court by collecting a fine or by imprisoning him. We have here illustrated two divisions of governmental authority : (i) the judicial, which decides whether the law applies in particular cases; and (2) the executive, which carries out the requirements of the law and the orders of the court. 2 LOCAL GOVERNMENTS. Law-making. — The executive and the judicial officers are both subject to higher authority : the one applies and the other executes the law. The framing of the law con- stitutes the third function of government. This is the work of legislation, carried on by such bodies as the town board, the village board, and the city council. But these law- making bodies do not possess independent authority ; they are bound more or less strictly by the opinions of those who elected them to office ; i.e. the body of voters. The Three Divisions of Government. — We say, then, that in our country government is based finally upon the zvill of the people. For the expression of their will they choose numerous officers, who may be grouped under three heads, corresponding to the general divisions of govern- ment : legislative, executive, and judicial. Just as it would be impossible for all the voters to take part in applying or interpreting the law, so it is in most cases impossible for them to assemble in a body and make the laws. They generally dele- gate this work to legislators ; but in some States the voters of a town (or township) assemble yearly in town meeting, where all may take part in discussion and in voting. Roads and Streets. — The preservation of order is but one of the functions of government. In towns where the population is scattered, roads must be built, and it is still more necessary that in villages and cities, where many people live within a small area, streets should be graded and paved and sidewalks maintained. This is an illustra- tion of the way in which, through the machinery of govern- ment, people provide themselves with many conveniences that it would be impossible for each citizen to provide for THE WORK OF LOCAL GOVERNMENT. 3 himself. The legislative bodies already mentioned deter- mine the extent to which these things shall be done : the town board orders the laying out of a new road ; the vil- lage board or the city council passes ordinances saying what streets shall be paved and what materials shall be used in the work. Executive Officers, General and Special. — The actual execution of the work involved in public improvements is generally in charge of a special officer, such as the road or street commissioner. But since there are many other matters of public concern that require attention, each under the control of an executive officer, it is necessary that a general officer should be in authority over all of these as the chief executive of the local government. This officer is known by various titles, as, in the town the chairman, in the village the president, and in the city the mayor. In any case, he has all or most of the important executive work of government under his control. It is his duty to see that the laws are obeyed, so the police officers are subject to his orders. The chief executive is guardian of the people's interests ; for he must see that the minor officers do not injure the public welfare by neglect of duty, and he must defend the public from all persons who would encroach upon its rights. Let us now consider some of the other ordinary func- tions of local government. The Poor. — Poor relief may be mentioned first. How much aid shall be granted to paupers, and how shall it be distributed, are questions that everywhere require attention. 4 LOCAL GOVERNMENTS. Public Health. — Public health is also an important sub- ject upon which local laws must be enacted. In cities, particularly, the council passes strict regulations for pre- venting the occurrence of diseases and for checking the spread of such as are contagious. City ordinances are also enacted regulating the construction of sewers and drains. The health commissioner and the city physicians are the particular officers who direct the execution of laws upon these subjects. Education. — Public education is among the most impor- tant of the local government's functions. The free schools which exist everywhere in our country are supported and controlled chiefly by the towns, villages, and cities. In many States, however, there are other divisions, called school dis- tricts, which have boards and officers for this purpose. Other Necessary Functions. — Protection from fire is so important in communities where population is dense that special officers and apparatus must be provided. So, too, streets must be lighted, and a pure water-supply provided. Parks, Museums, and Libraries. — Besides the functions of government that are readily seen to be necessary, there are others which may not at first appear to be so. We have cities providing parks, with beautiful lawns and flower-gardens ; museums, where articles of historical and scientific interest are kept ; aquariums and zoological gardens ; libraries, with books, magazines, and papers for the free use of all citizens. If one looks closely, he will see a reason in each case why the government undertakes these various enterprises. THE WORK OF LOCAL GOVERNMENT. 5 Why Taxes are Levied. — We have now to consider a power of government, without which none of the others so far enumerated could be exercised. This is the taxing power. In every instance money must be used by local governments in exercising their functions. Officers, who are agents of the people, depend largely upon taxes for their salaries. Taxes are levied by the legislative bodies that we have found in towns, villages, and cities. Other officers, assessors and treasurers, determine the amount to be paid by each citizen and collect the taxes. The treas- urer also has custody of public money, and pays it out when ordered to do so by the proper authorities. All of the operations of government are matters of record. While each officer is expected to keep strict ac- count of the operations of his own department, the general records of towns, villages, and cities are kept by the clerks. This general view of local governments may now be summarized in two forms : — I. The Functions of Local Government. 1 . Protection : — The preservation of order. Protection against fire. Protection of public health. 2. Providing Necessities and Conveniences : — ■ Roads — Streets — Sidewalks. Water — Lights — Sewers. Poor relief — Education. Parks — Libraries — Museums. LOCAL GOVERNMENTS. II. Officers of Local Government. 1 TOWN. VILLAGE. Board Board Chairman President Clerk Clerk Treasurer Treasurer Assessors Constables Road Commis- sioner Justices Assessors Constables Street Commis- sioner Justices CITY. Council Mayor Clerk Treasurer Assessors Police Street Commis- sioner Justices SUPPLEMENTARY QUESTIONS. Make a study of your local (town, village, or city) government, i. Group the officers as legislative, executive, and judicial, respec- tively. 2. How many different methods are used in paying these officers ? 3. Do all the voters ever assemble to make laws? If not, how is the will of the majority expressed ? 4. What are some of the local regulations regarding the poor? 2 pub- lic health ? protection from fire ? 5. Who pays for the education that young people receive in the public schools ? 6. How much has your local government done toward furnishing things that are not merely conveniences ? How do you justify expenditures for these purposes ? 7. Does the management of local government excite as much inter- est among the citizens as it should? 8. In what ways are students directly interested in having efficient local governments ? 1 The list here given is not complete, and the official titles are not the same in all States. 2 For a general account under this topic, see James and Sanford, " Govern- ment in State and Nation," Chapter VIII. Health regulations are discussed in the same work, pp. 98 and 99. CHAPTER II. COUNTY GOVERNMENT. Why there are Counties. — If the local organizations discussed in the preceding chapter could attend to all the interests that citizens have in common, then government would be a much simpler matter than it is. But just as almost every citizen has business and social relations out- side of the immediate vicinity in which he lives, so differ- ent communities must have political relations with each other if they are to live in harmony. For this and other reasons, which we shall learn presently, county govern- ments are instituted. Their organization and functions correspond quite closely to those of the towns, villages, and smaller cities. Important County Officers. — The local governments can- not undertake alone the preservation of order or the protec- tion of citizens against criminals. We have, consequently, an important officer, the sheriff, who with his deputies has power to make arrests. There is also the judicial side of county governments, seen in the court, with its judge. In this court another county officer, called the district or State's attorney, prosecutes persons who are accused of crime ; i.e. he finds and presents in the trial evidence of the prisoner's guilt. 7 8 LOCAL GOVERNMENTS. Functions of County Government. — Public highways are also matters of more than local concern. When an expen- sive bridge is to be built, or an important road in which several communities are interested is to be constructed, the county government can best raise the money and manage the work. So, too, in caring for the poor, the county may aid the local governments, or it may assume entire charge of the paupers, and maintain a poorhouse. The County Board. — It is evident that there must be a legislative body which shall determine the policy of the county in these matters. This is the county board, or as it is called in some States, the county court. In most States this body is composed of commissioners. These are elected by either of two methods: (i) at large, when every voter may vote for the entire number of commissioners ; (2) they may be elected from districts into which the county has been divided. In some States the members of the county board are called supervisors, and they represent the towns, villages, and wards of cities. Under this system the county board is generally larger than under the commissioner sys- tem. There is another difference between the two systems : in the States that have county commissioners, the county government has more extensive functions than in the other States. That is, county government has almost entire con- trol of such matters as roads and poor relief, leaving the local governments with little authority in these directions. On the other hand, where the supervisor system exists, the towns and villages have chief authority in legislating upon these matters, and the county assists or takes only such part as it finds necessary for the general good. COUNTY GOVERNMENT. 9 Power of the Board. — The county board holds annual meetings and legislates for the county as a whole. It has charge of the county property, including the court-house, jail, and poorhouse. Since it must provide for the ex- pense of maintaining these buildings, for the salaries of county officers, and for other expenses connected with roads, poor, and other county business, the board must also have the power of levying taxes. Superintendent of Schools. — Education is another func- tion of government which is not managed solely by the local units. There is a county officer, called the superin- tendent of schools, who has supervisory powers, and he usually examines teachers and certifies to their qualifica- tions. Register of Deeds. — The register of deeds, or recorder, is a county officer who keeps records of certain kinds. Among other things, copies of deeds are registered or kept in his office. A person wishing to buy real estate {i.e. houses or lands) may, by consulting the records in this office, learn whether the owner has a clear title to the property. Coroner. — The coroner has the duty of holding inquests when persons meet death by violence or in some unex- plained way. He may also perform the duties of the sheriff when the latter is incapacitated. Surveyor. — The county surveyor makes surveys at the request of public authorities, as well as for individuals. He keeps the official records of the boundaries of farms and lots. IO LOCAL GOVERNMENTS. Clerk and Treasurer. — Of course the county must have its clerk and treasurer, the customary officers whose duties are, respectively, to keep the records and to handle county moneys. We may now pass in review the principal features of county government : — I. Legislative. i. County Boards : — Commissioner type Supervisor type 2. Functions: — County buildings Roads and bridges Poor — Education Taxation II. Executive and Administrative Officers. Sheriff and Deputies Attorney Clerk Superintendent of Treasurer Schools Register of Deeds, Coroner or Recorder Surveyor (In some States, Assessors and Collectors of Taxes, and Auditors.) III. Judiciary. County Court District Court Relations of Local Officers to State Law. — There are other reasons than those already given why States are divided into counties. One is because, in the performance COUNTY GOVERNMENT. II of their duties, the county officers act as agents for the State ; that is, they carry out the requirements of State law in their own localities. For example, criminals are brought to trial and punished under State law, but it is administered by local or county officials. So the surveyor, superintendent of schools, register of deeds, and other officers act under State laws. While it seems best to have one general law for the State upon important sub- jects, it is also the policy of our government to intrust the execution of the law, in most cases, to local rather than to State officials. These officers, being elected by the people of the various localities, feel their responsibility more keenly than if they obtained office by appointment from State authorities. The counties, then, are administrative districts of the State, made for convenience in the manage- ment of those governmental matters which are uniform throughout the State. In the control of those matters which affect but one locality, the county authorities are free to follow their own policy, within the limits of State law. What has been said concerning the relation of the county to the State government is true to a considerable extent concerning the town, village, and city governments. Here, too, elections are held, taxes are collected, and trials are conducted by local officers in accordance with State law. Indeed, it is true that these local divisions owe their ex- istence to State law. Towns are laid out, villages and cities are incorporated, in accordance with the provisions of laws enacted by State legislatures. The State is the source of all the authority exercised by the officers and governing bodies of these local governments. 12 LOCAL GOVERNMENTS. SUPPLEMENTARY QUESTIONS. Make a study of your county government, i. Outline the officers in groups, as on p. 6. 2. Learn the important duties of each officer. 3. Are officers paid by fees or by salaries ? Which is the better method ? 4. What is the length of the term for which each county officer holds his position ? 5. How many members constitute the county board ? Are they commissioners or supervisors ? When do the meetings of the board occur ? 6. Obtain a copy of the county board's report and ascertain what im- portant business has been transacted. 7. What buildings has the county at the county seat ? Does it own property elsewhere ? 8. What process is followed in laying out a new town ? in the incor- poration of a village ? REFERENCES. 1. An account of local government in Illinois, Iowa, Michigan, and Pennsylvania is found in Bryce, The American Commonwealth, Vol. I, 572-581 (601-610). x 2. The functions of local government are discussed in Holt, Talks on Civics, Chapter I ; Ashley, The American Federal State, 397- 400 ; Bryce, The American Commonwealth, Vol. I, 586-589 (616- 619). 1 References to Bryce are given in duplicate; pages enclosed in parentheses refer to the third edition, 1896. CHAPTER III. THE ORIGIN OF LOCAL GOVERNMENTS. The Source of our Local Governments. — The systems of local government which have been described did not spring up spontaneously, nor were they established arbitrarily. There are reasons to be found in the history of their origins which explain many of their details. We shall now see how local government grew in the colonies, for here we have the beginnings of the systems that are in operation to-day. Everywhere in the colonies the English settlers adapted to their new environment the ancient customs of the mother-country. Differences in physical geography, and in the character and motives of the colonists, caused differ- ences in the resulting local governments. This fact is best illustrated by an account of what took place in New Eng- land and in Virginia. The Method of Settlement in New England. — These col- onies were settled by emigrants who came, in the main, from the same classes of Englishmen. The New Englanders, however, were Puritans. The church and its services were a very important part of their daily lives. The require- ment of church attendance was one reason for grouping their homes near the meeting-house. Moreover, the region 13 14 LOCAL GOVERNMENTS. in which they settled had a stony soil, difficult to cultivate. Their farms required careful cultivation, and therefore could not* be very large. The New Englander was content to live near the coast. Access to the interior was not easy, for the rivers, with few exceptions, were short and. rapid. The sea fisheries tempted the settlers to remain near the coast, and fishing, with ship-building and com- merce, became their important industries. Town Meeting and Officers. — For these reasons New England was a region of small farms and towns, and the local government which grew up was adapted to these conditions. The voters of each town (or township) met annually, or oftener, in " town meeting." Here their com- mon local affairs were discussed and regulated. The church, the schools, roads, the poor, and many other matters were under the complete control of this meeting, and of the officers elected by the assembled voters. These officers were the selectmen, — a board having general super- vision of the town affairs, — the clerk, treasurer, assessors, fence viewers, constables, and numerous others. The County in New England. — Because the people lived in towns and could most easily regulate their affairs through the machinery of town government, they had no counties whatever at first ; but these were soon established, though merely for judicial purposes. The governor appointed justices who held court in each county. The distinctive features of New England local govern- ment, then, were (i) its democratic character, seen par- ticularly in the town meeting ; and (2) the fact that nearly THE ORIGIN OF LOCAL GOVERNMENTS. 1 5 all local affairs were managed by the town government, leaving but one important function, and that judicial in its nature, for the county. The Settlement of Virginia. — In the colony of Virginia we find conditions that bring about entirely different results in the organization and workings of local government. Here the settlers were not bound by religious or other ties into compact social bodies as the Puritans were. Na- ture in Virginia held forth many inducements for the set- tlers to live apart, so that nearly all their attempts to form cities and towns failed. The cultivation of tobacco, of course, explains this to a large extent. The fertile soil and the ease of raising this product led to the formation of large plantations. The broad rivers made progress into the interior remarkably easy, while the necessity for towns as shipping ports was almost completely obviated by the use of private wharves at the various plantations. The rich planters dominated the social and political life of the colony, and local government fell under their control. The Importance of the County. — Now, of the various local organizations to which the Virginians had been accus- tomed in England, the one best adapted to their condition in the colony was the county. So they copied the English county and made it their chief organ of local government. The principal governing body was the county court, com- posed of justices appointed at first by the governor of the colony. The court had both legislative and judicial func- tions. It managed such matters as roads, licenses, and taxa- tion ; it also tried civil and criminal cases. Other county 16 LOCAL GOVERNMENTS. officers were the sheriff and the lieutenant, the latter being commander of the militia. The Parish and the Vestry. — That part of the Virginia local government which corresponded to the New England town was the parisJi ; but it is apparent that few functions remained to be exercised in this, their smallest political organization. The counties were generally composed of several parishes. The governing body of each was the vestry ; it had charge of church affairs and of poor relief. The members of the vestry and also the justices of the county court were not elected periodically by the people, as the town officers were in New England. On the con- trary, both the vestry and the county court filled vacancies in their own number, without popular election. This fact serves to illustrate the general truth that local government was democratic in New England and aristo- cratic in Virginia ; in the former colony the mass of voters participated most actively in local government, while in the latter a few men constituted the ruling class, This does not mean that local affairs in Virginia were badly managed, for the leading men were on the whole intelligent and pub- lic spirited ; and in the years of the Revolution they were among the foremost in the defence of American liberties. In New England, however, it was noticeable that the mass of voters were intelligent and understood the practical management of political affairs — a result which doubtless came largely from their training in the town meeting. The Three Types of Local Organization. — We have now seen that in New England the town had the most impor- THE ORIGIN OF LOCAL GOVERNMENTS. 17 tant functions of local government, and this is called, therefore, the town type; while in Virginia the county- absorbed the greater share of governing powers, and there we find the county type. Virginia influenced the colonies that lay south of her, so that the county type prevailed also in the Carolinas and Georgia. In the middle colo- nies there existed both counties and towns, and here there was a much more equal division of powers between these organizations. Hence we call theirs the mixed or town- ship-county type of local government. Local Government in the West. — The people who mi- grated to the new States west of the Alleghanies carried with them the forms of local government which have just been described as growing up in the colonies. This state- ment needs some modification, for nowhere in the West was the pure town type adopted. Everywhere in the North we find the mixed type, while the Southern States have, in general, the county type. In the latter the county commissioners, elected at large or from precincts, together with other county officers, exercise most of the local powers of government. Two Forms in the North. — In the greater number of the States that have the mixed type, the county is gov- erned by a. board of commissioners elected by either of the methods just mentioned as prevailing in the South. In a few States (such as Michigan, Illinois, and Wiscon- sin), the county board is composed of supervisors, who represent the towns, villages, and wards of the county. Here we find the town meeting, copied after that of New 18 LOCAL GOVERNMENTS. England or New York, and the town government has more functions than in those States where commissioners compose the town board. Local Self-government. — Such is the way in which local government has come about in the various States of the Union. Rooted in the systems that Englishmen have developed through the centuries, adapted to the new life and the peculiar conditions of the colonial period, it has spread with the population throughout the land. The different practices of the States testify to the way in which habits persist in government, as in other phases of life. The management of local affairs by the people and their chosen representatives is a sound principle of government which holds a firm place in every part of our country. SUPPLEMENTARY QUESTIONS AND REFERENCES. i. Which type of local government exists in your State ? Can you account for its origin ? 2. Is the system of local government uniform throughout your State? If so, why is this true? If not, can you account for the lack of uniformity ? 3. The following references are useful in studying the history of local government: Thwaites, The Colonies, 55-58; Fisher, The Colo- nial Era, 60, 99, 167; Channing, The United States of America, 37-38; Hart, Formation of the Union, 11-13; Bryce, The American Commonwealth, Vol. I, 561-565 (589-593); Bancroft, History of the United States, Vol. I, 285-286, 449; Ashley, The American Federal State, 390-396. 4. Which is the best type of local government? Is it becoming more common? Bryce, Vol. I, 591-592 (621). CHAPTER IV. THE GOVERNMENT OF CITIES. The General Plan of City Government. — The general framework of city government is not very different from that of the other governmental divisions. There are the legislati'vi, executive, and judicial departments, whose organization and functions are stated in the charter, or fundamental law of the city. The city legislature is the council or board of aldermen. In most cases this body is a single house, though in some cities there are two houses. The members are elected from the wards into which the city is divided. The council may pass ordinances for the government of the city, but it is limited in the extent of its powers by the terms of the city charter. City Charters granted by Legislatures. — The source of the charter is the State legislature. In most States the constitution provides that the legislature shall pass general laws prescribing the framework of all cities, or of the classes into which the cities of a State may be divided, according to their population. These laws also contain regulations that are safeguards against the abuses of municipal government, such as excessive taxation and the accumulation of debts. The requirement of general laws secures uniformity in the essential features of city 19 20 LOCAL GOVERNMENTS. government, and it prevents the practice, which is other- wise liable to prevail, of constant interference by State legislatures, in the affairs of certain cities. Such special laws should be enacted with great caution, if at all, for when a legislature regulates the affairs of a particular city, it too often does so at the request of persons or corpora- tions having advantages to gain at the expense of the public. 1 The Mayor. — The chief executive of the city is the mayor. He is the head of the police department and has more or less authority over the other administrative depart- ments to be discussed later in this chapter. In the cases of both mayor and aldermen, the facts concerning their terms, salaries, and other details vary so greatly in differ- ent cities that no general description is possible. The city judiciary includes the ordinary State courts and also special or municipal courts of various degrees. Other City Officials. — Besides the officers enumerated, every city has its clerk, treasurer, attorney, and assessors. The auditor, or comptroller, is an important official who controls city finances. Administrative Departments. — The greatest difficulties of city government arise in connection with the numerous administrative departments ; these are quite complex in their operation. In large cities the number of officials and the variety of their duties render it almost impossible 1 In some States where the constitutions require general laws applying to classes of cities, single cities have been put in classes by themselves ; so the legislature has virtually governed them by special laws. This practice has been declared illegal in Ohio. THE GOVERNMENT OF CITIES. 21 for the average citizen to inform himself concerning these affairs ; consequently, opportunities for fraud and misman- agement occur frequently. Why, it may be asked, is such complex machinery neces- sary in municipal government ? It is because social and industrial conditions (that is, the circumstances under which men live and work) are quite different from those that pre- vail in towns and villages ; and city government must be adapted to these conditions. Conditions peculiar to City Life. — Let us notice some of the ways in which this is true, (i) The mere fact that population is dense increases the possibility that a citizen may interfere with the rights of his neighbors, even in the conduct of legitimate business. (2) There is greater lia- bility that public health and safety may be endangered, both in the homes and in the industrial establishments of cities, than in less densely settled communities. (3) The opportunities for evil-doing and for concealment that exist in cities draw to them a larger proportion of the vicious classes who need control and suppression. (4) Finally, in cities it is less easy than in the country for each family to supply itself with certain conveniences, such as water, light, and transportation ; consequently, the government must regulate to some extent the supply of these neces- sities. These are some of the conditions that are peculiar to city life ; and we find here the reasons why the govern- ment in a city must undertake a large number of functions. At every point the safety of the citizen and his property must be guarded ; and in a great many ways the conven- 22 LOCAL GOVERNMENTS. iences of life must be supplied by the city or under the control of city officials. Thus we account for the fact that city government is complex — the principal source of the difficulties and the evils that we find in connection with administrative departments. Fire and Police Departments. — The number and the organization of administrative departments vary consider- ably in different cities. Everywhere we find the police, fire, and health departments. Of these, the fire depart- ment is generally the most efficient, for the citizens will not tolerate laxness in the protection of their property. Not so much can be said of the administration of the police and the health departments in most cities. When the se- lection of police officers is on a purely political basis, the standards are low and the way is opened for police con- nivance with the violators of the law. Instances are not uncommon where policemen receive, regularly, money pay- ments from law-breakers for protection. Here public in- terests are betrayed by officers who are sworn to defend them. The detection of this form of corruption is diffi- cult ; nevertheless, its continuance in a flagrant form is evidence of public apathy. In a few cities, civil service reform methods are used in the selection of policemen ; the passing of an examination and of a physical test is necessary for appointment. This, with a fair system of promotions, should render a police force more like a mili- tary organization in its relation to the enforcement of law. The Health Department. — The department of public health has duties that are of vital importance. Sewerage systems, sanitation, and the water-supply are the chief THE GOVERNMENT OF CITIES. 23 objects of its inspection. Health officers also have powers which enable them to detect and prohibit the sale of im- pure foods. The milk-supply should receive its particular attention, for the purity of this product is an important matter. The enforcement of strict health regulations in the crowded tenement districts of large cities is very difficult ; but the neglect of these matters by city officials is nothing less than criminal. The Department of Streets. — This department, which has in charge the construction of streets and pavements, affects the convenience of every citizen. Here vast sums of money are expended, sometimes wisely, and sometimes under the supervision of officials who are deficient in the technical knowledge required by this kind of work. Opportunity for dishonest handling of public money may be found in the letting of contracts and in the purchase of supplies. Street cleaning has received comparatively little attention in American cities. In this respect we are far behind many European cities. This is because the relation of clean streets to public health, and to civic beauty, is not fully appreciated by the average citizen of our country. Public Charities. — The administration of public chari- ties is everywhere a difficult matter, and, naturally, its difficulty is greatest in large cities, where we find the greatest number of those who seek relief. Two problems confront the department of public charities: (1) How can it distinguish between those who actually need assistance and those who do not ? (2) How can it help those who need assistance temporarily, without weakening their de- 24 LOCAL GOVERNMENTS. sire to become self-supporting ? The same problems must be solved by the citizen in connection with his private charities. In general, it may be said that charity is most judiciously dispensed by private organizations, in charge of trained workers, who can investigate all cases of appli- cation for aid. The Public Schools. — Public education is another de- partment of municipal activity. 1 The expenditure of public money for this purpose is not stinted. The scope of our educational institutions is constantly being enlarged ; courses in commerce, manual training, and domestic science are intended to strengthen the practical side of the curriculum. In some cities special schools are main- tained for the defective classes and for truants. Libraries, Parks, and Playgrounds. — The educational advantages furnished by the city are not for the children alone. Public libraries and museums serve adults as well. Recreation is provided by means of parks, public play- grounds, and open-air gymnasiums. These will become more common when their educational influence is more fully appreciated. Committees or Boards. — The important questions that arise in connection with administrative departments are, how shall they be organized ? and how shall the officers who control them be appointed ? Two general methods prevail : (i) In the smaller cities the members of the council are grouped into committees, which have charge of the various administrative departments. In large cities there are boards 1 This subject is also treated in the chapter on Public School Systems. THE GOVERNMENT OF CITIES. 25 or commissioners, distinct from the council, and these may be composed of salaried officers. In either case the board may employ a superintendent to take charge of the work under its jurisdiction. The principal criticism which can be offered against this method of managing administrative departments is that responsibility cannot be definitely lo- cated. No single member of a board or commission will assume responsibility for mismanagement ; and when re- sponsibility is divided among several persons, none of them feels it very strongly. (2) Single Heads of Departments. — As a remedy for this defect, administrative departments in some cities are placed under the control of single officers. These are given au- thority to appoint their subordinates, and they are held strictly accountable for the management of the depart- ment. Responsibility is further concentrated in some cities by giving the mayor power to appoint these heads of departments. Qualifications of City Officers. — Grave questions are in- volved in these matters of organization, but the efficiency of city government depends in the greatest measure upon the character of the officers who are placed in power. We need to recognize the importance, in city affairs as in pri- vate business, of securing officials who are qualified by training and by successful experience to serve the public. Economy and honesty in municipal government cannot be expected when politics alone determines appointments to office. The establishment of civil service examination sys- tems in certain cities 1 is a step in the right direction. 1 Some of these are New York, Chicago, and Milwaukee. 26 LOCAL GOVERNMENTS. Public Utilities. — Besides the administrative depart- ments already enumerated, we have in large cities those which control the supply of water, light, and transportation facilities. The industries furnishing these necessities may belong to the city, but in most cases they are owned by individuals and corporations. 1 Even then they should be subject to strict regulation by the city, for several reasons : (i) These industries make use of public streets. The right to do this is granted by the council in ^francJiise. (2) The product that is supplied being in each case a necessity, it is the duty of the city government to protect the citizens from any abuse or inconvenience that may arise in con- nection with it. (3) In nearly every case the industries in question are monopolies ; i.e. competition between rival plants is not possible. For this reason the public may suffer either from high rates or from imperfect service. The Granting of Franchises. — The control of public ser- vice corporations, as those are called which supply water, light, and transportation, may be secured in several ways : (1) Franchises should be granted for terms not longer than twenty years. The profits of these industries increase very rapidly with the growth of population ; consequently, it should be possible to compel the reduction of rates and the enforcement of other conditions favorable to the pub- lic, at the end of a short term of years. (2) Adequate means should be provided for enforcing the terms of franchises. Neglect of this makes possible serious abuses. (3) The accounts of the corporations that have franchises 1 On this topic, see " Government in State and Nation," pp. 36-39. THE GOVERNMENT OF CITIES. 27 should be made public, so that the people may know whether the profits are excessive. The Question of Municipal Ownership. — The opinion is gaining ground that no amount of municipal control will eliminate the evils of private ownership in these industries. Since they are " natural monopolies," it is argued they should be operated by the city government. This opinion is seen to have great weight when we consider the cor- ruption and the lack of attention to the public welfare that accompany the granting of franchises to corporations. The bribery of aldermen and the granting of valuable privileges without compensation are frequent occurrences. On the other hand, the facts that venal officers are elected in our cities, and that they ignore public interests with impunity, raise a very serious question whether they should be in- trusted with the management of great industries, such as water and lighting plants and street-car systems. Reasons for Poor City Government. — Other arguments may be made on both sides of this question of municipal ownership ; but there are fundamental reasons why the cities of the United States are, on the whole, poorly governed, which must receive consideration before this question can be settled. The conditions accounting for the evils of municipal government may be briefly stated as follows : (1) City governments are necessarily complex, and, in their administrative departments especially, a multitude of de- tails must receive attention. Citizens find it difficult to understand these transactions and even more difficult to follow them closely. (2) City governments must spend 28 LOCAL GOVERNMENTS. vast sums of money, 1 and this fact constitutes a standing temptation to dishonest men, both in and out of office. (3) The rapidity with which cities have grown has in- creased the difficulty of their problems.' 2 (4) Individuals and corporations have found it necessary to secure fran- chises from cities for the operation of important industries ; this has opened many opportunities for corruption in city affairs. (5) The presence of large numbers of foreigners 3 who are ignorant of governmental affairs has enabled cor- rupt politicians to exert undue influence upon the voters in city elections. The Reform of Municipal Governments. — Having re- viewed the principal causes for the evils of municipal gov- ernment, let us now consider some of the conditions that are necessary for bringing about reforms. (1) National politics should be entirely divorced from city affairs. It may be impossible to prevent the nomina- tion of candidates by the regular political parties ; but within each party local issues, not national, should deter- mine the selection of candidates. At the polls, the voter should cast his ballot independent of party considerations. (2) Public interest in municipal affairs and the existence of a strong civic pride are conditions that are essential to the election of good officers and to the purity of city gov- ernment. (3) Fundamental to the establishment of better munici- 1 Statistics of expenditures of New York, London, Paris, and Philadelphia are given in " Government in State and Nation," p. 33. 2 Yet European cities have grown with almost equal rapidity and are, on the whole, well governed. See ibid., p. 43. 3 See statistics of foreign population in American cities, ibid., p. 40. THE GOVERNMENT OF CITIES. 29 pal governments is the recognition by every citizen of his responsibility, not only on election day, but on every occa- sion when his influence can be exerted for the detection of wrong, the punishment of corrupt officials, and the encouragement of better things in all departments of city life. This means unselfishness in one's attitude toward the public welfare ; it means willingness to sacrifice time and effort in the public service. The example set by many eminent persons who have devoted themselves unselfishly to the accomplishment of reforms in our great cities may well be imitated by every citizen in the smaller affairs of his city or his ward. And the younger generation of citizens, who are yet students in the public schools, may exert no little influence toward the betterment of the city ; and they may aid in the formation of that better public sentiment without which no improvement in our standards of municipal government is possible. SUPPLEMENTARY QUESTIONS. Outline for the study of your city government. i. Was the city organized under a general law of the State, or was it granted a special charter? Does the legislature enact special laws for the city ? 2. The mayor : term, salary. What are his principal powers? Should his responsibility be increased ? 3. The council or board of aldermen : number of members, term of office, manner of election, compensation ? 4. The municipal courts and judges. 5. Administrative departments : make a complete list of these. Are they controlled by boards or by single officers? How do the officers obtain their positions ? Are they paid salaries ? Of what business does each have charge? 5. How are the water, lighting, and street-car plants managed ? Do 30 LOCAL GOVERNMENTS. you believe in the municipal ownership of any of them? Give reasons for your opinion. 7. How do police officers receive appointment ? If an officer fails to enforce an ordinance, what course would you take to secure its enforcement? 8. Are party lines closely adhered to by voters in city elections ? Are independent party organizations formed? Are they successful? 9. What can you learn of reform movements that have taken place in your city's history ? Give the causes for the success or failure of these. 10. What is the cost of your city government per annum ? Is it economically administered ? What are the principal items of expense ? Has the city other sources of revenue besides taxation ? 11. What are the excellent features of your city's government ? What are its faults ? How may the latter be corrected ? 12. Mention some ways in which students can assist in bringing about better conditions in your city. REFERENCES. 1. What are the general causes of bad city government in the United States? Bryce, Vol. I, 608-614 (637-644). 2. What reform measures have been suggested? Bryce, Vol. I, 614- 619 (644-649). 3. National politics in local affairs, Holt, Talks on Civics, 360-366. 4. General accounts of city government, Bryce, Vol. I, Chapters 50 and 52; Ashley, The American Federal State, Chapter 21. 5. Among the most useful books on municipal government are Conk- ling, City Government in the United States ; Wilcox, The Study of City Government ; and Devlin, Municipal Reform in the United States. 6. Problems of Municipal Government, N. Am. Rev., 172:751-763; Arena, 24 : 589-593. Responsibility in City Government, Forum, 28:469-481; Arena, 27: 39-46. Council and Mayor, Atl. Mo., 88:391-397. Municipal Situation in Ohio, Forum, 33 -.430-437. Charter Needs of Great Cities, N. Am. Rev., 170:850-856. The Poor in Cities, N. Eng. Mag., 25 : 63-73. Municipal Art, Harper's Mag., 100 : 655-666. Public Untidiness, Forum, 33 : 322-332. THE GOVERNMENT OF CITIES. 3 1 7. Municipal Ownership, N. Am, Rev., 172:445-455 ; Arena, 25: ig8- 2og ; Forum, 32:201-216; Atl. Mo., 88:463-482; Cen. Mag., 60:311-312; Outlook, 66:502-508; 70:726-727; Rev. of R's, 23 : 468-470. 8. Reform of City Governments, Atl. Mo., 87 : 583-587 ; Arena, 27 : 174-178. Chicago, Nation, 70 : 411-412 ; Rev. of R's, 21 : 736-737. The Chicago Voters' League, Outlook, 71 : 495-498. PART II. THE NATIONAL GOVERNMENT. CHAPTER V. EVENTS LEADING TO THE FORMATION OF THE UNION. Colonial Relations. — Why was union so long delayed? How was it finally accomplished ? These are always ques- tions of great interest to the student of American govern- ment. We note the general indifference toward union among the colonies before the Revolutionary War. This may be partially accounted for by the fact that each colony had its own separate government, and was jealous of all outside interference. Lack of good roads and methods of travel made extensive communication be- tween the scattered settlements difficult. Prejudice against strangers, and especially those of a different religious belief, was common. Bonds of sympathy, however, be- tween the citizens of different colonies were not wholly lacking. Their language and customs were mainly Eng- lish. Their chief desire was to develop a government according to their own plans. Common interests were at times created because of the necessity for providing pro- tection against their Indian, French, and Dutch foes. In 32 EVENTS LEADING TO FORMATION OF UNION. 33 genera], we may say, Confederation was early brought about through need for defense, but union has been the result of two centuries and a half of growth. Union of the New England Colonies, 1643. — A notable attempt was made to form a confederation among the colonies in 1643. It is known as the New England Confederation, and included Massachusetts Bay, New Plymouth, Connecticut, and New Haven colonies. Their united energies were necessary to furnish protection against dangers from the Indians. The Dutch and French also tended constantly to encroach upon their rights. The governing body of this confederation was a board of commissioners. In the annual meetings of the commis- sioners, two being sent from each colony, questions of war, relations with the Indians, and other matters of mutual interest were discussed. But this central govern- ment possessed advisory powers only. The colonies were to provide for their own local government. The confed- eration became constantly weaker, and was finally dis- solved in 1684. Seventy years were to elapse before the call was sent out for a meeting of delegates from all the colonies at Albany, but the influence of the New England Confederacy was felt, no doubt, during that period. The Albany Congress, 1754. — Open hostilities with their enemies became more and more frequent. From the out- break of King William's War, in 1689, to 1754, the date of the Albany Congress, there were at least a dozen inter- colonial conferences called to consider means for .the common defense. Plans for union were also prepared. The most interesting is that of William Penn. In it, the 34 THE NATIONAL GOVERNMENT. word " Congress " is used for the first time in connection with American affairs. As the final struggle with France for the possession of America was about to begin, a " Con- gress " of twenty- five of the leading men from seven differ- ent colonies met at Albany. They were called, primarily, for the purpose of making a treaty with the Iroquois Indians. This object secured, the resolution was then unanimously adopted that, " A union of all the colonies is at present absolutely necessary for security and defense." Franklin's famous plan providing for a permanent federa- tion of all the colonies was also adopted. When submitted to the colonies, it failed to receive the ratification of a single one. Nor was it acceptable to the English govern- ment. Said Franklin, "The assemblies all thought there was too much prerogative, and in England it was thought to have too much of the democratic." The Stamp Act Congress, 1765. — After the passing of the stamp act by the English government, the Massachu- setts house of representatives invited the other colonial assemblies to send delegations to a general congress. Nine colonies responded by sending twenty-eight men to the congress in New York City, October 7, 1765. 1 During the session of two weeks, these delegates drafted petitions to the English government and declared that the rights of the colonists were the same as those of the natural-born sub- jects of England. It is noteworthy that representatives had again assembled on the motion of the colonists them- selves. The growth of common interests was well ex- 1 Virginia, New Hampshire, Georgia, and North Carolina sympathized with the movement, but did not send delegates. EVENTS LEADING TO FORMATION OF UNION. 35 pressed by Christopher Gadsden of South Carolina, when he said : " There ought to be no New England man, no New Yorker, known on the continent ; but all of us Amer- icans." Committees of Correspondence. — Nine years were to go by before the meeting of another congress, but the colo- nists were prepared for a united effort at the end of this period. No sooner were the contents of the Townshend acts of 1767 known, than Massachusetts issued a circular letter to the other colonies, asking for combined action against all such unconstitutional measures. The other colonial assemblies agreed with Massachusetts. Another movement which made the Revolution possible was begun by Samuel Adams. In November, 1772, he prevailed upon the Boston town meeting to appoint a committee which should carry on a correspondence with committees organized in other towns of that colony. Rights and grievances were the chief subjects for consideration. Other colonies adopted this plan. Led by Virginia, the idea was carried one step farther, and in 1773 were formed com- mittees of correspondence between the different colonies. Thus, they were prepared for united action in the First and Second Continental Congresses. The First Continental Congress, 1774. — When the coercive acts of 1774 had been passed, Massachusetts, now in great- est need, called for a congress of all the colonies. Delegates from all, Georgia 1 excepted, assembled at Philadelphia, Sep- tember 5, 1774. In the Declaration of Rights, and in the 1 Georgia was in sympathy with this movement. 36 THE NATIONAL GOVERNMENT. adoption of the Articles of Association, they gave full ex- pression to colonial sentiment. They commended the resistance of the people of Massachusetts. They de- clared that all " America ought to support them in their opposition," if force should be used in carrying out the measures of Parliament. The Second Continental Congress, 1775. — Before adjourn- ing, the First Continental Congress provided for the meet- ing of another Congress, in May, 1775, unless the causes for colonial grievances should be earlier removed by the English government. But other measures of repression were quickly passed, and before the Second Continental Congress met, the Battle of Lexington had been fought and the American forces were blockading Boston. This congress convened in Philadelphia May 10, 1775, and con- tinued in session, with adjournments from time to time, until May 1, 1781. All of the colonies were represented. Like previous congresses, this was, at first, merely an ad- visory body, but necessity compelled it to act as a real government. It took control of military affairs, provided for a currency, threw open American ports to the ships of all nations, and did whatever else the necessities of the time seemed to demand. Having been appealed to for advice, this congress took a most notable position in recom- mending that new forms of government should be estab- lished in the several States. By the year 1777, ten States had framed new constitutions. It furthered independence by appointing a committee to draft resolutions based on the ideas of independence then everywhere present. The Declaration of Independence was the result. EVENTS LEADING TO FORMATION OF UNION. 37 The Articles of Confederation. — Franklin early saw the need for a more effective government than that of a revo- lutionary assembly. On July 21, 1775, he presented to congress a plan for "perpetual union." Nearly a year elapsed before a committee was appointed to prepare some form for confederation to be entered into between the colonies. Another period of a year and five months was to go by before the report of this committee was adopted by the Continental Congress. It was then submitted to the State Legislatures for approval. After three years and a half, on March 1, 1781, Maryland, the last State, was induced to ratify the Articles of Confedera- tion. The adoption of these Articles is one of the most important events in the history of our Nation. While the Articles of Confederation must always be regarded as a weak instrument of government, we must not forget that the Continental Congress was then working out problems in the province of government that were almost wholly new. The solution, faulty as it was, went far to establish the place of the written Constitution as a basis for govern- ment. Said John Fiske : " Almost everything else in our fundamental in- stitutions was brought by our forefathers in a more or less highly developed condition from England; but the development of the written Constitution, with the consequent relation of the courts to the law- making power, has gone on entirely upon American soil." Practical Working of the Government. — Conditions soon proved the Articles unsatisfactory. The States were almost independent of the central government. There was no separate executive power to enforce, and no judiciary to interpret the laws. The nation was deep in debt, and 38 THE NATIONAL GOVERNMENT. without means for payment. Paper money of the period was worthless, and debtors were rebellious. Disputes between the various States brought them to the verge of civil war. Each State had its own system of duties and imposts, which led to great confusion in commerce. No important resolution could be passed in Congress without the votes of nine States. No amendment was possible, except by the votes of all the States. Congress became constantly weaker as various members resigned to accept positions under State authority. In that most dangerous period of our history, extending from 1783 to 1788, aptly called the " critical period," it became constantly more apparent that government under the Articles of Confedera- tion was a failure. Fortunately, in this hour of gloom, there came forward Washington, Hamilton, Madison, and other leaders, who were prepared, if need be, to make compromises, but who were determined to preserve the elements of the union already secured. SUPPLEMENTARY QUESTIONS AND REFERENCES. 1. How was the Stamp Act regarded in the different colonies as shown by the addresses made and resolutions offered? Hart, Contemporaries, II, 395-411 ; Tyler, Patrick Henry (American Statesmen), Chapters 5 and 6. 2. Do you know of other instances in our history where a stamp act has been passed ? How was it regarded ? In what ways was it different from that of 1765 ? 3. What was the origin of the Committees of Correspondence and how did they aid in unification ? Sloane, The French War and the Revolution, 161, 162; Hart, Formation of the Union, 57. 4. Analyze the Declaration of Independence, and select from it the causes for the Revolution. 5. Why was the adoption of the Articles of Confederation so long EVENTS LEADING TO FORMATION OF UNION. 39 delayed ? Hart, Contemporaries, II, 539-543 ; Fiske, The Criti- cal Period, 93, 95; Walker, The Making of the Nation, 6; Hart, Formation of the Union, 93-95. 6. Read the Articles of Confederation (Appendix B). (a) How was the Congress composed? (p) The number necessary for a quorum ? (c) The powers of Congress ? (d) Powers of the separate States? 7. Defects of the Confederation. Hart, Contemporaries, II, 591-603. 8. What was the attitude toward union during the period 1783-1788 ? Were there notable bonds of union even at this time ? What other influences have increased this sentiment ? Fiske, Critical Period, 55-63; Walker, The Making of the Nation, 7, 8. g. President Roosevelt said, in an address delivered April 9, 1902, at Charleston, S.C., "When four years ago this nation was com- pelled to face a foreign foe, the completeness of the reunion be- came instantly and strikingly evident." What is his meaning? How does the statement illustrate the point emphasized in this chapter, that a common danger produces union ? to. Describe the character of the money used in 1783 and succeeding years. What was its influence? Fiske, Critical Period, 162-186. CHAPTER VI. THE CONSTITUTIONAL CONVENTION. Events Leading to the Constitutional Convention. — Among the many difficulties that arose during the period of the Confederation, were constant disputes between Vir- ginia and Maryland over the navigation of the Potomac River and Chesapeake Bay. Finally, in March, 1785, commissioners from these States met at Alexandria to con- sider these difficulties. The outcome of the meeting was that Virginia called for delegates from all of the States to meet for the consideration of the commercial relations of the entire country. Delegates from five States only were present at Annapolis on the day appointed, September 11, 1786. Nothing permanent could be accomplished with so few States represented. Before adjourning, however, they agreed to a resolution, framed by Alexander Hamil- ton, which proposed the calling of a convention at Phila- delphia to amend the Articles of Confederation. The Federal Convention, 1787 ; Delegates. — All of the States, Rhode Island excepted, were finally represented in this, one of the most notable conventions in the history of the world. Among the fifty-five delegates assembled were many who had already been conspicuous in public affairs. They were the choice men of the States from which they 40 THE CONSTITUTIONAL CONVENTION. 41 came. Twenty-nine of the number were university men. Washington and Franklin were present, and Washington was unanimously chosen president of the convention. Neither of these men took an active part in the debates ; but their presence gave inspiration to the other members, and they had untold influence at critical times. Among the ablest members were Alexander Hamilton of New York ; James Madison of Virginia ; Oliver Ellsworth and William S. Johnson of Connecticut; James Wilson and Gouverneur Morris of Pennsylvania ; Rufus King of Mas- sachusetts ; and Charles C. Pinckney of South Carolina. Our Knowledge of the Convention. — The Convention lasted from May 25 to September 17, 1787. The sessions were secret. Fortu- nately we are not dependent on the Secretary's report alone for our knowledge of the meetings. 1 Mr. Madison seemed to understand the full meaning of the Convention from the first, and decided to give an accurate account of the proceedings. He wrote: " Nor was I unaware of the value of such a contribution to the fund of materials for the his- tory of a Constitution on which should be staked the happiness of a people great even in its infancy, and possibly the cause of liberty throughout the world." His notes were purchased by the government from Mrs. Madison in 1837, for the sum of thirty thousand dollars. They were published as "Madison's Journal of the Constitutional Convention." Plans for a Government ; Virginia Plan. — The magnitude of the labors of this Convention can be understood only when we read the report of the discussions as given by Madison. It was at once determined that no time should be lost in patching up the Articles, but that a new Con- stitution should be formed. Two sets of resolutions were early submitted, each setting forth a plan of government. 1 It was published in 1819 as a part of Volume I of " Elliot's Debates." 42 THE NATIONAL GOVERNMENT. The Virginia plan was largely the work of Mr. Madison- It provided for the establishment of a national government with supreme legislative, executive, and judicial powers. The legislative power was to be vested in a Congress ot two separate houses. The executive was to be chosen by both houses of Congress, and the judiciary by the Senate. Representation in both houses of Congress was to be based on population or the contributions to the support of the government. This scheme was fiercely attacked by the delegates from the small States, for it would clearly give control into the hands of the more powerful States. The New Jersey Plan. — The New Jersey plan, presented by Mr. Patterson of that State, was agreed upon by the members from Connecticut, New York, New Jersey, Dela- ware, and Maryland. This Small State plan, so called, provided for a continuance of the government under the Articles of Confederation. They were to be revised in such a manner as to give Congress the power to regulate commerce, to raise revenue, and to coerce the States. The Small State party insisted that the Virginia plan, if adopted, would destroy the sovereignty of the States. They would rather, they said, submit to a foreign power than be de- prived of equality of suffrage in both branches of the Legislature. Madison, Wilson, King, and other leaders of the Large State party declared that the basis for the new government was to be the people and not the States ; that it would be unfair to give Delaware as many representa- tives as Virginia or Pennsylvania. After many days of fruitless debate, a compromise, sometimes called the " First Great Compromise," was presented and finally adopted. THE CONSTITUTIONAL CONVENTION. 43 This provided that the House of Representatives should be composed of members elected on the basis of popula- tion. In the Senate, large and small States were to be equally represented. The Slavery Problem; Second Compromise. — How was the number of the representatives to be found? Were slaves to be counted as a part of the population ? A heated debate arose over these questions. The delegates from South Carolina maintained that slaves were a part of the population and as such should be counted. The answer was made that slaves were not represented in the Legisla- tures of that and other States; that slaves were regarded in those States merely as so much property, and as such ought never to be represented. Finally, when it seemed that the work of the Convention must fail, a compromise, known as "the three-fifths compromise," was accepted. This provided that five slaves were to be counted as three free persons. The Third Compromise. — Slaves and commerce fur- nished the basis for a third compromise. South Carolina and Georgia desired to have the foreign slave-trade contin- ued. Some of the other Southern States and the Northern States generally were opposed. The New England mem- bers were anxious that the National government should have complete control of foreign commerce. This was re- sisted by some of the Southern delegates, who feared that the importation of slaves might thereby be prohibited. Finally, a compromise was agreed upon which gave Con- gress power over foreign and interstate commerce, but forbade any act which might prohibit the importation of 44 THE NATIONAL GOVERNMENT. slaves before 1808. It was also agreed that a tax of ten dollars each might be laid on all slaves imported. While the entire Constitution may be said to be made up of com- promises, the agreement upon these three rendered the further work of the Convention possible. Signing the Constitution. — Gouverneur Morris was se- lected to give the document its final form. The clear, sim- ple English used is due largely to him. After thirty-nine members, representing twelve different states, had signed the Constitution, the Convention adjourned. While the last signatures were being written, Franklin said to those standing near him, as he called attention to a sun blazoned on the back of the President's chair : " I have, often and often, in the course of the session, and the vicissitudes of my hopes and fears as to its issue, looked at that behind the President, without being able to tell whether it was rising or setting ; but now, at length, I have the happiness to know that it is a rising and not a setting sun." Difficulties of Ratification. — The Convention submitted the Constitution to Congress. Here, for eight days, it was attacked by its opponents. Finally, Congress passed it on to the State Legislatures, to be sent by them to State conventions. This process of ratification was provided for by Article VII of the Constitution, as follows: The ratification of the conventions of nine States shall be sufficient for the establishment of this Constitution between the States so ratifying the same.'" The period included between September 28, 1787, when Congress transmitted the Constitution to the State Legis- latures, and June 21, 1788, when New Hampshire, the THE CONSTITUTIONAL CONVENTION. 45 last of the necessary nine States, ratified, was one of the most critical in our history. Political parties, in a truly National sense, were formed for the first time. Among the leaders who defended ably the views of those who opposed the ratification of the Constitution were Patrick Henry, Richard Henry Lee, Elbridge Gerry, and George Clinton. It was urged that there was no Bill of Rights, 1 that the President would become a despot, and that equality of representation in the Senate was an injustice to the larger States. " Letters from the Federal Farmer," prepared for the press of the country by Richard Henry Lee, set forth clearly the views of the Anti-Constitutional party. " The Federalist." — No influence was more noteworthy in bringing about ratification than a series of political essays afterward collected under the name of "The Federalist." It is considered to-day the best commentary on the Constitution ever written. Alexander Hamilton originated the plan, and wrote 51 of the 85 numbers. James Madison wrote 29, and John Jay 5. The Influence of Washington. — Washington, was again a giant in his support of the Constitution. In a letter to Patrick Henry he early sounded an effective note of warning against anarchy, expressing the very fear that finally led many in the conventions to vote for the Con- stitution. He wrote : " I wish the Constitution which is offered had 1 A Bill of Rights, in which the idea of the rights of man were set forth, was a significant part of nearly all the State constitutions. Englishmen, generally, had been familiar with the formal statement of these principles since 1689, when William and Mary accepted the Declaration of Rights as a condi- tion of their receiving the crown of England. During the same year, Parlia- ment gave the Declaration of Rights the form of a statute, under the name of the Bill of Rights. Among other rights it demanded that the king, without the sanction of Parliament, should not raise an army, secure money, or suspend the laws; also, that the right of petition, freedom in the exercise of religion, and equality under the laws were to be granted all subjects. 46 THE NATIONAL GOVERNMENT. been more perfect ; but it is the best that could be obtained at this time, and a door is open for amendments hereafter. The political con- cerns of this country are suspended by a thread. The convention has been looked up to by the reflecting part of the community with a solici- tude which is hardly to be conceived, and if nothing had been agreed upon by that body, anarchy would soon have ensued, the seeds being deeply sown in every soil." Ratification Secured. — Delaware, the first State, ratified December 6, 1787, without a dissenting vote. Pennsyl- vania, New Jersey, Georgia, and Connecticut followed quickly. Much depended on the action of the Massachu- setts convention. After prolonged debate, the delegates were finally influenced by the statement that amendments might be made, and they ratified the Constitution by a vote of 187 to 168. The ninth State was secured in the ratification by New Hampshire, June 21, 1788. It was not until November 21, 1789, however, that North Carolina voted to accept the Constitution. Rhode Island held out until May 29, 1790. The New Government put into Operation. — When the ratification of the ninth State had been secured, Congress appointed a special committee to frame an act for putting the Constitution into operation. It was enacted that the first Wednesday in January should be the day for appoint- ing electors ; that the electors should cast their votes for President on the first Wednesday in February, and that on the first Wednesday of March the new government should go into operation. It was not until April 1 that a quorum was secured in the House of Representatives, and in the Senate not until April 6. The electoral votes were counted in the presence of the two houses on THE CONSTITUTIONAL CONVENTION. 47 April 6. 1 The inauguration of President Washington did not take place, however, until April 30. Origin of the Constitution. — Before making a study of this epoch-making document, let us inquire briefly as to its origin. An analysis of the Constitution shows that there are some provisions which are new, and that English precedent had an influence. The main features, however, were derived from the constitutions of the States with whose practical workings the delegates were familiar. The following well-known statement is an excellent sum- mary : " Nearly every provision of the Federal Constitu- tion that has worked well is one borrowed from or suggested by some State constitution ; nearly every pro- vision that has worked badly is one which the convention, for want of a precedent, was obliged to devise for itself." Authority and Objects of the Constitution. — It was evi- dently the intention of the framers of the Constitution to found a government deriving its authority from the people rather than from the States. The purposes for which this was done are set forth in the following enacting clause, commonly called the Preamble : — " We, the people of the United States, in order to form a more perfect union, establish j?tstice, insure domestic tran- quillity, provide for the common defense, promote the general tvelfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America." 1 New York did not choose electors. North Carolina and Rhode Island, as we have seen, had not ratified the Constitution. 48 THE NATIONAL GOVERNMENT. This clause was attacked vigorously by the opponents of the Constitution, and especially in the Virginia and the North Carolina conventions. Said Patrick Henry : " And here I would make this inquiry of those worthy characters who composed a part of the late Federal Convention. . . . I have the highest veneration for those gentlemen ; but, sir, give me leave to demand what right had they to say, ' We, the people ' ? . . . Who authorized them to speak the language of, We, the people, instead of, We, the States ? If the States be not the agents of this compact, it must be one great, consolidated, national government of the people of all the States." It was argued, on the other hand, by Randolph, Madison, and others, that the government, under the Articles of Confederation, was a failure, and that the only safe course to pursue was to have a govern- ment emanating from the people instead of from the States, if the union of the States and the preservation of the liberties of the people were to be preserved. SUPPLEMENTARY QUESTIONS AND READINGS. i. For an account of the members of the Convention, see Hart, Con- temporaries, III, 205-211. 2. For the contributions of the individuals and the classes of dele- gates, see Walker, The Making of the Nation, 23-27; Fiske, Critical Period, 224-229. 3. Discuss the peculiar conditions in Massachusetts. Give the argu- ments presented. Walker, 56-57; Fiske, Critical Period, 316- 33i- 4. How was the Constitution regarded in Virginia ? Walker, 58, 60; Fiske, Critical Period, 334-338. 5. What was the attitude of the New York Convention toward the Constitution ? Fiske, Critical Period, 340-345. 6. What objections were made against the Constitution in North Carolina? Hart, Contemporaries, III, 251-254. THE CONSTITUTIONAL CONVENTION. 49 7. What would have been the status of North Carolina and Rhode Island if they had not ratified ? Walker, 73, 74; Hart, Forma- tion of the Union, 132, 133. 8. Show the influence of the State constitutions on the Federal Con- stitution. James and Sanford, Government in State and Na- tion, 135. g. For other questions on the material in this chapter, see Fiske, Civil Government, 211, 212; James and Sanford, Government in State and Nation, 136, 137, 138. CHAPTER VII. ORGANIZATION OF THE LEGISLATIVE DEPARTMENT. Article I. A Congress of Two Houses. — Section i. All legislative powers, herein granted, shall be vested in a Congress of the United States, xvJiicli shall consist of a Senate and House of Representatives. In the Constitutional Convention, the Pennsylvania dele- gates were the only ones who objected to the formation of a legislative body having two houses. It was believed that with two houses one would be a check upon the other, and that there would be less danger of hasty and oppressive legislation. Another reason for the formation of a Congress having two houses was that the colonists were familiar with this kind of Legislature. It existed in all of the States, Pennsylvania and Georgia excepted. Term of Members and Qualifications of Electors. — Sec- tion 2, Clause I. The House of Representatives shall be composed of members chosen every second year by the people of the several States, and the electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislature. A short term for representatives was agreed upon, for it was the design to make them dependent on the will of 50 ORGANIZATION OF LEGISLATIVE DEPARTMENT. 51 the people. The question frequently arises, therefore, ought representatives to be compelled to receive instruc- tions from those who elect them ? May we not agree that our legislation would often be more efficient if the welfare of the Nation were considered, rather than what seems, for the moment, to be only the concern of a dis- trict or even a State ? Securing the best interests of all may mean at times, also, the sacrifice of mere party principles. Who may vote for Representatives. — By the workpeople and electors is meant voters. With the desire to make the House of Representatives the more popular branch, it was decided to grant the right of voting for a represen- tative to any person who might be privileged to vote for a member of the lower house of the Legislature of his State. The freedom of a State to determine what these qualifications are, is limited only by the provisions of the fifteenth amendment : — Amendment XV. The right of citizens of the United States to vote shall not be denied or abridged by the United States, or by any State, on account of race, color, or previous cojidition of servitude. This amendment was proposed by Congress in Febru- ary, 1869, and was declared in force, March 30, 1870. It was for the purpose of granting more complete political rights to the negroes, recently declared, by Amendment XIV, to be citizens. Method and Time of choosing Representatives. — The Constitution prescribes that representatives shall be elected by the people. Congress has provided that represen- 52 THE NATIONAL GOVERNMENT. tatives shall be chosen on the Tuesday next after the first Monday in November of the even-numbered years. 1 Congress has also decreed that representatives shall be chosen by districts ; but the State Legislature has complete control of the districting of its State. However, Congress has declared that these districts shall be composed of contiguous territory, and contain, as nearly as practicable, an equal number of inhabitants. Now, usage has defined territory to be contiguous when it touches another portion of the district at any one point. As a result of this ques- tionable interpretation, some States have been divided into districts of fantastic shapes, to promote the interests of the party having the majority in the State Legislature. 2 Proportional Representation. — Proportional representation, which is coming into favor in these days, would doubtless do much toward remedying this abuse. According to the present system of electing rep- resentatives by districts, large minorities of voters are not represented. Numerous plans of" Proportional Representation" have been advocated. One such plan is in operation in Illinois 3 for the election of members to the State house of representatives. Each district elects three mem- bers on a general ticket. The voter may give one vote to each candi- date, or one and a half votes to each of two candidates, or three votes to a single candidate. Therefore, the minority, by concentrating their votes on one candidate, may elect a representative to the Legislature, when under the district system they would not be represented. Qualifications of Representatives. — Section 2, Clause 2. No person shall be a representative who shall not have 1 The only exceptions to this rule are : Oregon holds its election on the first Monday in June ; Vermont, on the first Tuesday in November ; and Maine, on the second Monday in September. 2 This process is called " gerrymandering." See, also, " Government in State and Nation," pp. 153, 154. 3 On Proportional Representation, read " Government in State and Na- tion," pp. 13, 14, 15. ORGANIZATION OF LEGISLATIVE DEPARTMENT. 53 attained to the age of twenty-five years, and been seven years a citizen of tlie United States, and who shall not, when elected, be an inhabitant of that State in which he shall be chosen. In the original States there was great diversity of quali- fications for members of the lower houses of their Legisla- tures. But some uniform system was necessary for the National organization, and so the few simple requirements of this clause were introduced. It is understood, however, that the States may not add other qualifications. While a representative must be an inhabitant of the State in which he is chosen, he need not, so far as the Constitution requires, be an inhabitant of the district. But the in- stances have been few in which a member of the House has not been also an inhabitant of the district which he repre- sents. According to the English system of representation, a member of the House of Commons frequently represents a borough or county in an entirely different part of the kingdom from that of which he is an inhabitant. May the House refuse to admit a person duly elected and possessing the necessary qualifications ? This question arose in the 56th Congress, in the case of Brigham Roberts of Utah. He was finally excluded. Present System of apportioning Representatives. — Sec- tion 2 of Amendment XIV contains the rule of apportion- ment that is now in operation. This became a part of the Constitution, July 28, 1868. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed- But when the right to vote at any election for 54 THE NATIONAL GOVERNMENT. the choice of electors for President and Vice-President of the United States, representatives in Congress, the execu- tive and judicial officers of a State, or the members of the legislature thereof, is denied to any of the male inliabitants 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 repre- sentation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State. The second sentence of this section was framed in the belief that the States, rather than lose a portion of their representatives in Congress, would grant the right of suffrage to negroes already declared to be citizens. But proportional reduction of representatives was never put into practical operation, for before the next apportion- ment of representatives, Amendment XV became a part of the Constitution, and negro suffrage was put on the same basis as white. However, the enforcement of Section 2 of Amendment XIV has been strongly urged in our own time. This is because it is estimated that many thousand negroes have been disfranchised through the restrictions on the right of suffrage found in the recent constitutions of several Southern States. The " Indians not taxed " doubtless refers to those Indians who still maintain their tribal relations or who live on reservations in the several States. Their number, according to the census of 1900, was 44,617. Early Apportionment. — The number of representatives to which each of the States was originally entitled is given ORGANIZATION OF LEGISLATIVE DEPARTMENT. 55 in Section 2, Clause 3, of the article we are now consid- ering as follows : — Representatives and direct taxes shall be apportioned among the several States which may be included within this Union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and ex- cluding Indians not taxed, three-fifths of all other persons. The actual enumeration shall be made within three years after the first meeting of tlie Congress of the United States, and witJiin every subsequent tc7'm of ten years, in such manner as they shall by law direct. The number of repre- sentatives shall not exceed one for every thirty thousand, but each State shall have at least one representative ; and tmtil such enumeration shall be made, the State of New Hamp- shire shall be entitled to choose tliree, 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 tliree. The three-fifths rule was rendered void by the adoption of Amendment XIII, which abolished slavery, since there were no longer the "other persons." That part of the clause which provides for the laying of direct taxes is still in force. The Census. — In order to carry out the provision of the Constitu- tion, an "actual enumeration" was made in 1790. Since that date there has been a census every ten years. The taking of the census and the compilation and publication of the statistics connected with it are under the supervision of the director of the census. Work on the twelfth census was begun June 1, 1900, and required over 50,000 enumerators, 2500 clerks, and 2000 special agents. The cost was some 56 THE NATIONAL GOVERNMENT. $12,000,000. The most important volumes found in the report are those on population, 1 manufactures, and agriculture. The taking of the census will, in the future, be more economical and efficient because of the establishment of the permanent census bureau by an act of Con- gress in 1902. Ratio of Representation. — The Constitution provided that there should be 65 members in the first House of Representatives. After the first census, Congress agreed that there should be one representa- tive for each 33,000 of the population. This gave a house with 105 representatives. From that time the ratio of representation has been changed every ten years. Otherwise, with the rapid increase in popula- tion, the House would soon become too large. The ratio adopted by ihe act of January 12, 1901, was one representative to 194,182 people. 2 After March 4, 1903, therefore, there will be at least 386 members in the House, if the membership is complete. 3 Members from New States. — Should a new State be ad- mitted after the apportionment is made, its representatives are always additional to the number provided for by law. The Constitution provides that each State shall have at !east one representative. If this provision had not been made, the States of Delaware, Idaho, Nevada, and Wyo- ming, each having a smaller population than the ratio adopted in 1901, would not be represented. Territorial Delegates. — The organized Territories are each entitled to send a delegate to the House of Repre- sentatives. He is allowed to speak on any question that has to do with his Territory, but may not vote. 1 The population of the United States, according to the first census, was 3,929,214. The population in 1900 was 76,303,387. 2 For the method of apportionment, see " Government in State and Na- tion," p. 145. 3 The number of members in the English House of Commons is 670 ; in the French Chamber of Deputies, 584 ; and in the German Reichstag, 396. •ORGANIZATION OF LEGISLATIVE DEPARTMENT. 57 Vacancies. — Section 2, Clause 4. When vacancies happen in the representation from any State, the executive authority tJiereof shall issue writs of electio?i to fill such vacancies. When a vacancy occurs in the representation from any- State on account of death, expulsion, or for other cause, it is made the duty of the Governor of the State in which the vacancy exists to call for a special election in that district to choose a representative for the remainder of the term. Officers. — Section 2, Clause 5. The House of Repre- sentatives shall choose their Speaker and other officers, and shall have the sole power of impeachment. The Speaker, who is the presiding officer, has always been a member of the House, but the Constitution does not say that he shall be. The other officers are the Clerk, Sergeant-at-Arms, Doorkeeper, Postmaster, and Chaplain, none of whom is a member of the House. Number and Term of Office of Senators. — Section 3, Clause 1 . The Senate of the United States shall be com- posed of two senators from each State, chosen by the legis- lature thereof for six years, and each senator shall have one vote. As we have seen, the provision that there should be two senators from each State was the result of a compromise. Consequently New York and Pennsylvania have but the same number as Delaware and Nevada. 1 The term of six years for senators was likewise a compromise measure. There were members of the convention who favored three 1 The Senate now contains 90 members ; the English House of Lords,, 560 ; and the French Senate, 300. 58 THE NATIONAL GOVERNMENT. years ; others wanted nine years, and Hamilton desired that the term should be during good behavior. Many States have practically lengthened the prescribed term by the wise policy of returning acceptable senators for more than one term. Although elected by the State Legislature, senators do not vote by States. The senators from a State may, and often do, vote on opposite sides of a question. Qualifications of Senators. — Section 3, Clause 3. No person shall be a senator wlio 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 from which he shall be chosen. The reasons for requiring different qualifications in senators from those of representatives is expressed in "The Federalist" as follows: "The propriety of these dis- tinctions is explained by the nature of the senatorial trust, which, requiring greater extent of information and stability of character, requires at the same time that the senator should have reached a period of life most likely to supply these advantages." The attitude of Americans toward the Senate to-day differs from that manifest during the first quarter century of our history. Has the Senate degen- erated? is a question frequently asked. The presence in that body of numerous millionaires has also excited un- favorable comment. There have been two instances only in which senators have been disqualified because of inade- quate citizenship. Times and Places for electing Senators and Representa- tives. — Section 4, Clause 1. The times, places, and man- ORGANIZATION OF LEGISLATIVE DEPARTMENT. 59 ner of holding elections for senators and representatives shall be prescribed in each State by the legislature thereof ; but the Congress may at any time, by law, make or alter such regulations, except as to the place of choosing senators. It is desirable that Congress should have the final au- thority in providing for the election of its own members, because the very existence of the Union might otherwise be left, at times, to the whims of the State Legislatures. Congress, in 1866, provided for the system now in use. The Legislature, chosen next before the expiration of the term of a senator, proceeds to elect his successor on the second Tuesday after its organization. On that day each house must vote separately by a viva voce vote. The two houses are required to meet in joint assembly at noon the following day, when the results are read. If the same person has received a majority of the votes in both houses, he is elected. If no person have such majority, the joint assembly must take a viva voce vote. The person receiving a majority of such votes is elected, pro- viding a majority of all the members elected to both houses are present and voting. Should there still be no election, the joint assembly must meet at noon on each succeeding day, and take at least one vote until a senator shall have been chosen. The procedure is the same in the case of a vacancy which has occurred before the Legislature has assem- bled. When the vacancy happens during the session of the Legislature, it must proceed in the same way the second Tuesday after receiving notice of the vacancy. Election of Senators by Popular Vote. — Shall United States sena- tors be elected by popular vote? This question has been much dis- cussed in recent years. Deadlocks and bribery in State Legislatures have done much to bring it into prominence. Besides, there is a grow- ing feeling that the people are quite as competent to elect United States senators as they are to choose other officers. The House of Repre- sentatives, on several occasions, has passed a resolution favoring an amendment to the Constitution that will secure this result; but each time it has failed in the Senate. At the beginning of the year 1903 there were twenty-seven of the State Legislatures on record as in favor of this reform. That the people generally desire such an amendment 60 THE NATIONAL GOVERNMENT. cannot be questioned, if we may judge by the vote cast in Illinois in the November election of 1902. 451,319 voters favored popular election of senators ; 76,975 opposed. Vacancies in the Senate. — As provided in Clause 2, of Section 3 of the article we are considering, a vacancy occurring in the Senate during the recess of the Legisla- ture of any State may be filled, temporarily, through an appointment made by the Governor of that State. A senator thus appointed holds his office until the Legisla- ture meets. In case that body fails to elect his successor, he retains the office until the end of the session of the Legislature. But the State will then lack one member in the Senate, because the governor may not, by appoint- ment, fill a vacancy resulting from the failure of the legislature to elect. 1 Classes of Senators. — Section 3, Clause 2. Immediately after they shall be assembled in consequence of the first elec- tion, 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 cJwsen 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 the7i fill such vacancies. This provision makes the Senate a permanent body, since only one-third of the members go out of office every two years. In the first session of the first Congress the 1 For a test case, see " Government in State and Nation," p. 149. ORGANIZATION OF LEGISLATIVE DEPARTMENT. 6 1 senators were divided into three classes. It has been the custom to place the senators from new States in different classes. This is done in order to preserve, so far as pos- sible, the equality of numbers in each class. ' Besides, a State is thus enabled to keep one man of experience in the Senate. When a new State is admitted, the senators from that State determine by lot, drawn in the presence of the Senate, which classes they are to enter. Thus when Utah was admitted, her Senators were assigned to the two and four year classes, neither of them serving the full term of six years. President of the Senate. — Section 3, Clause 4. The Vice-President of the United States shall be President of the Se7iate, but shall have no vote unless they be equally divided. Other Officers. — Section 3, Clause 5. The Senate shall choose their other officers, and also a President pro tempore, in the absence of the Vice-President, or when lie shall exercise the office of President of the United States. The Vice-President of the United States is the presiding officer of the Senate. He cannot take part in debates, and has no vote unless there be a tie. In marked contrast with the power of the Speaker, he cannot name the committees, and has no direct authority in legislation. Indeed, the office is regarded as one of so little influence that it is sometimes difficult to secure, as candidates for it, men of recognized prominence. The other officers of the Senate are Secretary, Chief Clerk, Sergeant-at-arms, Chaplain, Postmaster, Librarian, and Doorkeeper, none of whom is a member of the Senate. It is desirable, in the absence of the Vice-President, that 62 THE NATIONAL GOVERNMENT. the Senate should have a presiding officer. At the open- ing of the session, therefore, that body chooses from its own members a president pro tempore. He may vote on any question, but cannot cast the deciding vote in case of a tie. When Congress Meets. — Section 4, Clause 2. The Congress shall assemble at least once in every year, and such meeting shall be on the first Monday in December, unless they shall by law appoi7it a different day. As we have already seen, representatives are elected for a term of two years. This period defines the length of a Congress. Representatives, as we know, are chosen on the first Tuesday after the first Monday in November. Now the term of office of a representative begins legally on the fourth of March succeeding the time of his election. 1 Except in the case of a special session, this term does not really begin until the first Monday of the following December, or thirteen months after the election. It would seem desirable that the members should be given an earlier opportunity to express themselves on the issues upon which they have been chosen. Sessions of Congress. — Each Congress has two regular sessions. The first is called the " long session," for its length is not determined by a definite date of adjournment. It usually lasts until midsummer and may not extend be- yond the first Monday in December, the time fixed for the beginning of the next session. The second, or "short session," cannot extend beyond 12 m. of March 4, the time 1 The limits of the 58th Congress will be March 4, 1903, to March 4, 1905. ORGANIZATION OF LEGISLATIVE DEPARTMENT. 63 set for a new Congress to begin. The President may con- vene Congress in special session. Organization of Congress. — The first Monday in December of each second year is a notable day in Washington, for the formal opening of a new Congress is regarded as an important event. The House of Representatives must go through the entire process of organization. To the Clerk of the preceding House are intrusted the credentials of the members, and from these he makes out a list of those who are shown to be regularly elected. At the hour of assembly he calls the roll from this list, announces whether or not a quorum is present, and states that the first business is to elect a Speaker. After his election, the Speaker takes the oath of office, which is administered by the member who has had the longest service in the House. The Speaker then administers the oath to the members by States. The election of the Chief Clerk and the other officers follows, after which the House is said to be organized. The Senate is a " continuing body," and no formal organization is necessary. At the opening of a new Congress the Vice-President calls the Senate to order and the other officers resume their duties. After the President pro tempore has been chosen, the newly elected members are escorted to the desk in groups of four, and the oath is administered by the President of the Senate. Each house, when organized, notifies S:he other of the fact, and a joint committee of the Houses is appointed to wait upon the President and inform him that quorums are present and are ready to receive any communication he may desire to send. The House of Representatives occupies a large hall in the south wing of the Capitol. The desks of the members are arranged in a semicircle about that of the Speaker, with the Republicans on his left and the Democrats on his right. When a member gains the floor, he speaks from his own desk or from the space in front of the Speaker's desk. Unless the question is one of importance, but little attention is paid to the course of debate. Consequently a visitor can hear only with great effort because of the constant din produced by the shuffling of papers, clapping of hands for pages, etc. The real work of Congress, as we shall see, is done in committees. The Senate occupies a hall at the opposite end of the Capitol. It is, of course, much smaller than that occupied by the House, but is similarly arranged. In general, the pro- ceedings on the floor of the Senate are conducted in a much more orderly manner than is usual in the House. 64 THE NATIONAL GOVERNMENT. SUPPLEMENTARY QUESTIONS AND REFERENCES. i. What is the number of the present Congress ? Give the dates for the beginning and end of each session. 2. In the States which have woman suffrage, may women vote for representatives ? 3. It is not required by law that a representative shall reside in the district that he represents, but it is an established custom. What are its advantages and disadvantages ? Compare with the English practice. Bryce, American Commonwealth, I, Chapter 19. 4. Were the States mentioned on p. 54 justified in the enactment of their suffrage laws ? 5. Ought Section 2, Amendment XIV, to be enforced? Rev. of R's, 22:273-275,653,654; 24:649-651; Forum, 31:225-230; 32: 460-465 ; N. Am. Rev., 168: 285-296 ; 170: 785-801 ; 175: 534- 543 ; Outlook, 69:751. 6. State the points of likeness and of difference between the House of Representatives and the House of Commons. N. Am. Rev., 170: 78-86. 7. Give the number of representatives to which your State is entitled. Was the number increased in the last apportionment ? How large is your Congressional district ? Population ? 8. Compare the area of your district with that of other districts in your State ; also with the population of other districts. Com- pare the number of votes cast for Representative in your dis- trict with the number cast in districts of other States in different sections of the country. How do you account for the variation ? See New York World Almanac. 9. Some interesting facts connected with the apportionment of igoi are given in the Forum, 30 : 568-577. 10. For the Reapportionment Law of 1901, see Outlook, 67 : 136. n. For accounts of the methods by which a- census is taken, see American Census Methods, Forum, 30:109-119. Census of 1900, N. Am. Rev., 170 : 650-652. 12. Who are some cf the best-known representatives and senators? For what reasons are they noted? 13. Who are the senators from your State ? When was each elected? ORGANIZATION OF LEGISLATIVE DEPARTMENT. 65 14. Give the names of the Speaker and of the President pro tempore. 15. Has the Senate degenerated ? Should senators be elected by popular vote? Outlook, 67: 559, 604, 774 a ; 73: 277-285, 386- 392. For other references, see James and Sanford, Govern- ment in State and Nation, p. 157. CHAPTER VIII. POWERS AND DUTIES OF THE SEPARATE HOUSES. I. Impeachment. Article II, Section 4. The President, Vice-President and all civil officers of the United States, shall be removed from office 071 impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors. Article I, Section 2, Clause 5. The House of Represen- tatives shall . . . have the sole power of impeachment. Section 3, Clause 6. The Senate shall have the sole power to try all impeachments. When sitting for that pur- pose, they shall be on oath or affirmation. When the Presi- dent of the United States is tried, the Chief Justice shall preside ; and no person shall be convicted without the con- currence of two-thirds of the members present. Section 3, Clause 7. Judgment in cases of impeachment shall not extend further than to removal from office and dis- qualification 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, judg- ment, and punishment according to law. There have been but seven impeachment trials in the history of our government. Section 4 of Article II declares who maybe impeached. The expression "civil officer" 66 POWERS AND DUTIES OF SEPARATE HOUSES. 67 does not include military and naval officers. They are subject to trial by court-martial. Members of Congress may not be impeached, since the Constitution authorizes each house to bring to trial and punish its own members. Clause 5 of Section 2, and Clauses 6 and 7 of Section 3, Article I, give the method of procedure against an officer who may be charged with " treason, bribery, or other high crimes and misdemeanors." The articles of impeachment preferred by the House of Representatives correspond to the indictment in a criminal trial. The manner of con- ducting an impeachment trial, in the Senate, resembles also a trial by jury. 1 That the "Chief Justice shall pre- side" during the trial of the President of the United States is a wise provision, because it is easy to presume that a Vice-President might be personally interested in the con- viction of a President. II. The Quorum, Journal, and Freedom of Speech. Determination of Membership and Quorums. — Section 5, Clause 1. Each house shall be the judge of the elections, returns, and qualifications of its ozvn members, and a majot ity 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 mem- bers, in such manner and imder such penalties as each house may provide. In the Senate the question raised in a contest usually applies to whether a senator has been duly elected. It has been held by the Senate that to deprive a member of 1 See "Government in State and Nation," p. 159. 68 THE NATIONAL GOVERNMENT. his seat for bribery or corruption in the course of his elec- tion, it must be shown that he was personally guilty of corrupt practices, that the corruption took place with his sanction, or that a number of votes sufficient to affect the result were corruptly changed. As an instance, Mr. Clark of Montana was refused a seat in the Senate during the first session of the 56th Congress, because it was proved that he had secured his election by bribing mem- bers of the State Legislature. In the House the name of the person possessing the certificate of election signed by the governor of his State is entered on the roll of the House, but the seat may still be contested. Many cases of contested elections are con- sidered by each new House. There were thirty -two seats contested in the 54th Congress. Such cases are referred to the Committee on Elections, which hears the testimony, and presents it to the House for final decision. Each of the cases when presented to the House consumes from two to five days which might otherwise be used for the purposes of legislation. The law provides that no more than $2,000 shall be paid either of the contestants for expenses, but even then, it is estimated, these contests cost the government, all told, $40,000 annually. When the decision is rendered by the House, the vote is, in most cases, strictly on party lines, regardless of the testimony. In view of these facts, it has been suggested that the Supreme Court decide all contested elections. How a Quorum is Secured. — If it appears, upon the count of the Speaker, or upon the roll-call of the House, that a majority is not present, business must be suspended POWERS AND DUTIES OF SEPARATE HOUSES. 69 until a quorum is secured. Fifteen members, including the Speaker, may be authorized to compel the attendance of absent members. This is accomplished as follows : The doors of the House are closed, the roll is called, and absentees noted. The Sergeant-at-arms, when directed by the majority of those present, sends for, arrests, and brings into the House those members who have not sufficient excuse for absence. When a quorum is secured, business is resumed. Rules and Discipline. — Section 5, Clause 2. Each house may determine the rules of its proceedings, piinisJi its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member. The Journal. Section 5, Clause 3. Each house shall keep a journal of its proceedings and from time to time publish the same, excepting such parts as may in their judg- ment require secrecy ; and the yeas and nays of the members of either house on any question shall, at the desire of one- fifth of those present, be entered on the journal. Our Knowledge of Congressional Proceedings. — As citi- zens in a republican government, it is our duty to keep in- formed on the problems which our representatives are called upon to solve. Means of gaining information are not wanting. The public galleries of both Houses are usually open to visitors. The official record of the proceedings of Congress is made known to the public through the Journal, which is read at the opening of each day's session. Reports of the debates do not appear in the Journal, but are pub- lished each day in the Congressional Record. Another means of keeping constituents informed on the 70 THE NATIONAL GOVERNMENT. position of their representatives is through the recording in the Journal of the vote of each member when demanded by one-fifth of those present. In voting by the " yeas and nays," the clerk calls the roll of members and places after each name, "yea," "nay," "not voting," or "absent." The Senate rules specify this as the only method of voting. (Other methods of voting in the House are indicated on page 80.) Power to Adjourn. — Section 5, Clause 4. Neither house, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting. If there is a disagreement between the two houses with respect to the time of adjournment, the President may adjourn them to such a time as he thinks proper. This right has never yet been exercised. Compensation and Freedom from Arrest. — Section 6, Clause 1. The senators and representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall in all cases, except treason, felony, and breach of the peace, be privileged from arrest during their attendance at the sessions of their respective houses, and going to and re- turning from the same; and for any speech or debate in either house, they shall not be questioned in any other place. Should the members of Congress be paid a salary, or should the office be regarded as exclusively one of honor ? These questions were discussed at length in the Constitu- tional Convention. Some of the delegates favored the POWERS AND DUTIES OF SEPARATE HOUSES. 71 English custom, by which members of Parliament receive no salary. It was finally concluded to adopt the provi- sions as given, in order that men of ability, though poor, might become members of the National Legislature. By a law of 1789 the compensation of senators and representatives was fixed at six dollars per day and thirty cents for every mile traveled, by the most direct route, in going to and returning from the seat of govern- ment. Prior to 1873, this amount was changed several times by act of Congress. The compensation then agreed upon and still paid is $5000 per year, with mileage of twenty cents, and $125 per annum for stationery. The Speaker receives $8000 a year and mileage. The President pro tempore receives the same amount while acting as President of the Senate. To many people $5000 seems a large salary, but the great expense of living in Washington, especially if a Congressman and his family take part in the social life of the capital, renders the salary quite inadequate. Members have been known to pay more than their salaries for house- rent alone. Many members make a financial sacrifice in accepting a seat in Congress. To hold Other Offices. Disqualification. — Section 6, Clause 2. No senator or representative shall, during the time for which he is elected, be appointed to any civil office tinder the authority of the United States which shall have been created, or the emoluments tvhereof shall have been in- creased, during such time ; and no person holding any office under the United States shall be a member of either house during his continuance in office. The purpose of this provision seems to have been to remove the temptation on the part of Congressmen to create offices, or to increase the emoluments of those already existing, in order to profit by such legislation. The exclusion of United States officials from seats in Congress was due to the desire of appeasing State jealousy, which 72 THE NATIONAL GOVERNMENT. asserted that the National government would in this way secure an undue influence over the State governments. It is advocated, with good reason, that members of the Cabinet should be privileged to take part in the discussion of measures in Congress which pertain to their own depart- ments. Alexander Hamilton asked for this privilege. It was refused because of the belief that he would exert too great influence over the members. The precedent thus established has always been retained. But since executive officers are often invited to present their views before committees of Congress, they may, in this way, exert great influence upon legislation. CHAPTER IX. HOW LAWS ARE MADE BY CONGRESS. Methods of Procedure developed by Custom. — Very little can be learned directly from the Constitution concerning the actual methods employed in the enactment of laws by Congress. In both houses, procedure in the conduct of their business has been developed by custom ; it has changed from time to time as determined by circumstances, and it has taken on forms that were entirely unanticipated by the founders of our government. The principal reason why new methods of Congressional procedure have be- come necessary may be found in the growth of the amount of business presented to Congress for consideration ; this, in turn, has been caused by the growth of population and wealth, and by the expansion of business relations through- out this country and with other nations. Several features of Congressional organization may be mentioned as very important in determining the course of legislation. These are : — I. The Committee System. II. The House Committee on Rules. III. The Speaker of the House. IV. The Influence of Party Caucuses. I. The Committee System. — Two facts made this system necessary in the houses of Congress, (r) The number of 73 74 THE NATIONAL GOVERNMENT. members, especially in the House of Representatives, is so large that business cannot be transacted with dispatch by the entire body. (2) The number of bills introduced is so very great that it is impossible for either house to consider all of them ; hence it is necessary that committees shall examine the bills and decide which are worthy of consider- ation. In the long session of the 57th Congress, more than 15,000 bills were introduced into the House. The number of committees in the House was 58, the membership varying from 5 to 18. The most important House committees are those on Ways and Means (which has charge of all bills for raising revenue), Appropriations, Banking and Currency, Foreign Affairs, and Military Affairs. In the Senate of the 57th Congress there were 55 standing committees. The number of members on a committee was in most cases 9 or 11. A few of the Senate committees are those on Finance (corresponding to the commit- tee on Ways and Means in the House), Agriculture, Commerce, and Foreign Relations. Both in the House and in the Senate, every member is on some com- mittee, and some members have places on several committees. In the House of Representatives the Speaker appoints the committees, and he selects the chairman and a majority of the members of each committee from the members of his own party ; that is, from the party that has a majority in the House. The Senate committees are constituted in ac- cordance with the same rule ; but in the Senate the committees are elected, rather than appointed. Steps in the Progress of a Bill. — The importance of the committee system in Congress is found in the power of committees to determine the destiny of bills that are com- mitted to their charge. The introduction of a bill by a member of either house is merely a formal step ; the bill is immediately referred to a committee. When the committee reports the bill back, the house will in a great majority of cases pass or reject it according to the committee's recom- HOW LAWS ARE MADE BY CONGRESS. 75 mendation. Few bills are debated in either house, and in the most of these cases the discussion has no influence upon the fate of the bill — it is meant merely to be heard or to be printed. Hence, it is in that intermediate stage between the reference of the bill to a committee and the report on it that the real work of legislation is accomplished. The Power of Committees over Bills. — In the course of its deliberations a committee may exercise the utmost free- dom with respect to the bills referred to it. The greater number of bills receive no consideration whatever from the committees ; these may never be reported if the committees see fit to ignore them. Other bills are amended by the committees, or new bills are substituted for them. Such is the power intrusted to Congressional committees. How- ever undesirable in some respects this method of legisla- tion may seem, its necessity has fixed it as a permanent feature of Congressional procedure. Many of the important committees have separate rooms where their meetings are held. Here the members may confer in secret, or they may allow or invite the hearing of testimony and arguments upon the subjects of bills. Frequently the majority members of a committee hold separate meetings, determine their policy, and then adhere to it regardless of the wishes of the minority members. The latter may pre- sent a separate report called the minority report of the committee. II. The Committee on Rules. — Since only a small pro- portion of the bills that are reported favorably can receive consideration and come to a vote, the question now arises, How is it determined which bills shall be thus favored ? In some measure this depends upon the importance and the merits of the bill ; but it depends more upon the skill and influence of the member (generally the chairman of 76 THE NATIONAL GOVERNMENT. the committee reporting the bill) who is particularly in- terested in seeing it enacted into law. In the House of Representatives this important matter is decided by the Committee on Rules, which is composed of five members, three being of the party that has a majority in the House. This committee decides which bills shall be considered, and how much time shall be given to the discussion of each one. Thus it practically dictates the course of legislation in the House. Sometimes the committee is overruled by an opposition composed of the minority members of the House together with a few rebellious members of the majority party ; but such a revolt is exceptional, and usually the Committee on Rules has its way. Some cen- tral authority like this, with dictatorial power, seems necessary in order to settle the disputes and rivalries arising among influential members and important commit- tees ; these would block each other's progress, and no legislation whatever would be accomplished, were there not some power to decide which, in each case, shall have the right of way. III. The Power of the Speaker. — As the Committee on Rules decides the programme to be followed in each day's proceedings in the House, the Speaker is the executive officer who sees that the programme is adhered to. Indeed, the Speaker is chairman of the Committee on Rules and is its most influential member. No bill can come before the House, and no member can address the House, without the Speaker's consent. In all important matters, it is necessary for a member to make an arrangement with the Speaker in order to secure recognition when he wishes to address the House. HOW LAWS ARE MADE BY CONGRESS. JJ In exercising the power of recognition, the Speaker will, of course, give both the sides a fair opportunity to debate upon important measures. He will not permit members to make motions, or to protract debate, merely for the sake of delaying some action to which they are opposed. Within recent years, obstructive tactics, popularly known as fili- bustering, are of rare occurrence in the House. Be- fore these extensive and arbitrary powers were intrusted to the Speaker, the minority members more frequently obstructed the work of the House and prevented all legis- lation because of their opposition to a particular bill. Two powers of the Speaker remain to be mentioned which are no less important in their influence on legislation than those already considered. He appoints all commit- tees of the House, and in this way marks out in some im- portant matters the policy that will be pursued in legisla- tion. Again, the Speaker refers all bills introduced into the House to their appropriate committees. Sometimes the Speaker may exercise his discretion with regard to the committee to which he refers a certain bill, and in such, cases his influence upon the fate of the bill is important. We are endeavoring to analyze the complicated action of the forces that determine which bills shall, and which shall not, be enacted by Congress. So far, we discover that great authority is intrusted to small groups of mem- bers — the committees. These practically determine the contents of all bills. We find in the House a central directive committee ( that on Rules ) deciding which bills shall be dropped and which may be considered. Finally, we find that the Speaker is the most influential member of Congress, executing the decisions of the Committee on 7 8 THE NATIONAL GOVERNMENT. Rules ( that is, chiefly his own will ) and deciding impor- tant questions at critical moments in the course of the daily business of the House. The Lobby, Log-rolling, and Patronage. — Not all the bills that come before Congress are passed or rejected on their merits. The influences that determine the course of legislation at Washington are very numerous and complicated. Some of these influences are to a Greater or less extent legitimate, and others are totally bad. The lobby, in its broadest sense, is composed of all those persons who go to Washington in order to exert pressure upon Congressmen in favor of or against certain measures. Some of the best laws and some of the worst are enacted through the influence of the lobbyist. Log-rolling is an important influence in determining legislation ; a member votes for the pet measure of his fellow-congressman on condition that the latter will vote for the bill in which he is particularly interested. Political patronage is a great factor in determining votes in Congress ; the power of members to recommend appointments, 1 and the influences exerted in their favor by the appointees, often determine the question of their continuance in office. Consequently, there is a great temptation to use patronage in exchange for votes. The use of money directly in bribery is difficult of detection, but other favors and privileges of pecuniary value are no less effective in the purchase of the votes of those members who are so unscrupulous as to be open to such influences. Debate in the House. — The fate of nearly all bills that are introduced into Congress is determined by the inter- action of the various influences that have received attention so far in this chapter. Argument in debate is a small factor in arousing favorable influence or in changing votes. In the House, the Committee on Rules limits strictly the time given to debate. The chairman of the committee reporting a bill generally has one hour in which to urge the passage of his measure ; for a portion of the time he may yield the floor to other members, both friends and opponents of the bill. Of course, much more than one JSeep, 134. HOW LAWS ARE MADE BY CONGRESS. 79 hour is given to debate on important bills. Many of the speeches which are printed in the Congressional Record have not been delivered ; but they are intended for circula- tion among the constituents of Representatives, and for use as campaign documents. Many of the speeches that are actually delivered receive scant attention ; the lack of interest in them is made evident by the noise and con- fusion that very often prevail during sessions of the House. Senate Procedure. — In the Senate, debate is not limited. Senators are expected to regard each other's rights with respect to the amount of time and attention they may demand ; yet a bill may be " talked to death " in the Senate. As a result, the Senate is less businesslike in its procedure than the House, and some means of checking unlimited discussion 1 have often been proposed for it. Conference Committees. — If one house amends a bill which has already passed the other, it must be returned ;or re-passage to the house where it originated. This is a Lequent cause of conflict between the two houses, and each tries to insist on its rights. 2 When such a dispute cannot be easily adjusted, a con- ference committee must be appointed. This is composed of members from each house, and they endeavor to arrange a compromise which will be acceptable to both houses. Generally their decision is ratified without question, but sometimes even this method of settlement fails. 1 This is called, technically, a rule for " closure." 2 Within very recent years the Senate has shown itself to be the stronger body. This is partly because its members have longer terms, and so become more skillful in exerting their influence and adhering to their demands. 80 THE NATIONAL GOVERNMENT. Methods of Voting. — There are three methods of voting in Congress, (i) Members respond "aye" or "no" by- acclamation. (2) If a division is called for, a rising vote is taken and the members are counted. In the House, the counting is done by two tellers, who stand near the Speaker's desk, while the members pass between them in single file, first those voting in the affirmative, and after- ward those opposing the motion. When the "yeas and nays " are called for, or whenever the rules of either house require them, the roll is called and each member votes as he responds to his name. This vote is entered on the journal. 1 After the roll-call is completed, the presiding officer announces the pairs. Members who belong to different political parties may agree that they shall be recorded on opposite sides of party questions, whether they are present or not. Or pairs may be arranged for partial iar votes only. This device enables a member to be absent from his seat without feeling that his vote is needed. The President's Power in Lawmaking. — A bill which has received a majority vote in both houses is next sent to the President. Article 1, Section 7, Clause 2. Every bill which shall have passed the House of Representatives and the Senate shall, before it become a law, be presented to the President of the United States ; if he approve he shall sign it, biit if not he shall return it, with his objections, to that house in which it shall have originated, who shall enter the objec- tions 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 1 See pp. 69-70. HOW LAWS ARE MADE BY CONGRESS. 8 1 objections, to the other house, by which it shall likewise be reconsidered, and if approved by two-thirds of that liouse 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) afterit shall have been presented to him, the same shall be a law, in like manner as if lie had signed it, unless the Congress by tlieir adjournment prevent its return, in which case it shall not be a law. The framers of the Constitution intended that the veto power should be a check, though not an absolute one, upon hasty or unwise legislation. The President may cause a bill to fail by neither signing nor vetoing it during the last ten days of a session. The term pocket veto has been applied to this method of defeating bills. SUPPLEMENTARY QUESTIONS AND REFERENCES. i. Copies of the Congressional Record and the Congressional Direc- tory furnish interesting illustrations of the topics treated in this chapter. 2. Procedure in the Senate, Ashley, The American Federal State, 228-231. In the House, ibid., 250-258, 263-264. 3. What difference is there in the granting of recognition in the Senate and House ? Harrison, This Country of Ours, 45-48. 4. An interesting account of the appearance and character of the Senate, Bryce, I, 114-120 (117-123). 5. The character of Representatives — procedure in the House — the number of bills introduced, Bryce, I, 124-134 (128-138). 6. What appearance does the House make when at work ? Bryce, I, 138-144 (142-148). 7. An Englishman's criticisms on our committee system, Bryce, I, 153-160 (157-164). G 82 THE NATIONAL GOVERNMENT. 8. General observations on Congress, Bryce, I, Chapter ig. g. How are obstructive tactics carried on ? Alton, Among the Law- makers, Chapter 20. 10. Why is there little debate in the House of Representatives ? Wil- son, Congressional Government, 72-73, 86-102. 11. The Senate, Forum, 31:423-431; N. Am. Rev., 174:230-244; Century Mag., 65 : 4gg~5i5. 12. Our Process of Lawmaking, Arena, 23 : 480-484 ; Century Mag., 64: 170-187. 13. The Speaker's Influence, Rev. of R's, 21:85-86; Arena, 21: 653-666. 14. Comparisons of Congress with Parliament, N. Am. Rev., 170 : 78- 86 ; Arena, 23 : 5g3-6o5. CHAPTER X. SOME IMPORTANT POWERS OF CONGRESS. I. National Finances. The Power of Taxation. — When we speak of the finances of a country, we mean its revenues and expendi- tures. Revenues have their origin chiefly 1 in taxation, and the power vested in Congress by virtue of which taxes are imposed and collected is found in the following clause : Article I, Section 8, Clause I. 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 ditties, imposts and excises shall be uniform throughout the United States. Duties on Imports. — The two forms of taxes relied upon by the United States for its revenues are (i) duties and (2) excises. 2 A duty is a tax levied upon goods that are imported into the United States. 3 The merchant doing business in New York, for example, cannot obtain posses- sion of the goods he has imported until the officers of the custom-house at that port have examined the invoice, or the list of articles in each package, with their prices ; and 1 Considerable sums are derived by our National government from the sale of public lands. See Chapter on Territories and Public Lands. 2 The terms duties and imposts are nearly synonymous. 3 Duties on exports are prohibited in Section 9, Clause 5, of Article I : No tax or duty shall be laid on articles exported from any State. S3 84 THE NATIONAL GOVERNMENT. the officers may examine the goods, also, to see if they correspond in amount and quality to the statements of the invoice. The importer then pays to the collector of the port of New York the amount of the duty levied on his importation. Kinds of Duties. — These are of two kinds, (i) Specific duties are fixed amounts levied on certain units of measurement of commodities, as the pound, yard, or gallon. (2) Ad valorem duties are levied at a certain rate per cent on the value of the articles taxed. Below are given several examples of duties imposed by the tariff law of 1897 (the Ding- ley law) . Watches, 40 per cent ad val. Umbrellas, 50 per cent ad val. Leather manufactures, 35 per cent ad val. Glassware, 60 per cent ad val. Apples, 25 ^ per bushel. Honey, 20^ per gallon. Cheese, £>f per pound. Table knives, 16/' each and 15 per cent ad val. Blankets, 22^ per pound and 30 per cent ad val. It is apparent that on some articles both kinds of duties are levied. In the fiscal year ending June 30, 1902, the total amount of duties collected was $254,500,000. New York is by far the most important port of entry. Passengers on steamships coming from foreign countries are required to declare what dutiable goods they have among their baggage, each person being allowed to enter $100 worth of goods free of duty. Upon landing, their baggage is examined ; trunks and valises are opened, and in suspected cases the persons of travelers are searched for concealed dutiable goods. The temptation to undervaluation and to smuggling, in order to escape this form of taxation, is so great that constant vigi- lance is necessary at custom-houses and along the borders of the United States to prevent these frauds. Special agents and revenue cutters are employed to detect violations of the law. Tariff Laws. — A tariff is the list of the rates of duties fixed by law. An importer of foreign goods must consider SOME IMPORTANT POWERS OF CONGRESS. 85 the amount of the duties he has paid as part of the cost of the goods when he sells them. If a higher price is caused in this way, this may deter importation and encourage the production of such articles in this country. Consequently, high rates of duties may have a decided influence upon the industries of a country. When the rates of duties are so adjusted as to bring about this result, we have a protective tariff ; i.e. one under which persons can produce in this country certain articles which otherwise they could not produce, because of their cheapness when imported from a foreign country. The duties are made so high that it is not profitable to import the articles. When rates of duties are fixed primarily with the object of raising revenue, and without regard to their effect upon the industries of the country, we have a tariff for revenue. This kind of tarifl is generally meant when the term free trade is used. Articles on which no duties are imposed are said to be on the free list. There is no country which fails to collect duties on some of its importations. Reciprocity Agreements. — The United States has entered into reciprocity treaties with various countries for securing the reduction of lariff rates. Each country agrees to admit certain products of the other country at reduced rates, or free of duty. These are generally commodities in the production of which there is little or no competi- tion between the parties to the treaty. Internal Revenue Taxes. — Excises are taxes laid upon the manufacture and sale of certain products within the country. At the present time these internal revenue taxes are levied by the National government upon liquors, 1 to- 1 Taxes are levied, not only upon the liquors themselves, but upon the business of brewing and rectifying ; of selling by wholesale and by retail ; of 86 THE NATIONAL GOVERNMENT. bacco, snuff, opium, oleomargarine, filled cheese, mixed flour, and playing cards. The greater number of these taxes are paid by the purchase of stamps, which must be affixed, in the proper denominations, to the articles taxed. When the packages are broken, the stamps must be de- stroyed so that they cannot be used again. War Taxes. — Because taxes of this kind are so easily collected, the government has extended them to a great number of articles when it suddenly needed a large revenue, as in the War of 1812, the Civil War, and the Spanish War of 1898. The law of 1898 increased the taxes on liquors and tobacco, and imposed new taxes on (1) proprietary articles, and (2) documents. Under the first heading fall patent medicines and compounds of various kinds. Documentary taxes x were imposed upon legal papers, such as deeds, mortgages, etc., and also upon bank checks and drafts, telegraph and telephone messages, and express receipts. Under this law the internal revenue receipts rose from $170,000,000 in 1898, to $273,000,000 in 1899. Congress has repealed these special war taxes. The law of 1898 also levied taxes on bankers and brokers; and it included a legacy tax, which is still in force. Inheritances above $10,000 are taxed at various rates, which differ with the degrees of re- lationship that may exist between the one who bequeaths the property and the persons inheriting it. Rules for Levying Taxes. — The Constitution contains two rules by which Congress must be guided in the levy- ing of taxes. We have seen, Article I, Section 8, Clause 1, that duties, imposts, and excises, must be uniform through- out the United States ; that is, the same rates must pre- vail everywhere. Another provision, Article I, Section 2, Clause 3, is that representatives and direct taxes shall be manufacturing stills ; and upon the stills themselves. A list of these taxes may be obtained from the collector of any internal revenue district. 1 These were exactly like those imposed by Parliament in the Stamp Act of 1765. SOME IMPORTANT POWERS OF CONGRESS. 8? apportioned among the several States . . . according to their respective numbers} We have, therefore, the following classification : — Must be apportioned among the States according to popu- lation. Must be uniform throughout I. Direct persons,' taxes, lands, levied on incomes. II Indirect duties, taxes imposts, excises. the United States. So far, we have discussed the indirect taxes only, for at present the United States levies no direct taxes. In our previous history, however, the government has imposed all the kinds of taxes mentioned in the outline above. In levying a direct tax, Congress must determine the total amount to be raised (as $2,000,000 in 1798, and $20,000,000 in 1 861), and then apportion this amount among the States, according to their population. It is evident that, if this kind of tax is imposed upon property or incomes, the rate will not be uniform throughout the United States. The bills introduced into Congress which provide for taxation are called "bills for raising revenue." They must originate in the House of Representatives (Article I, Section 7, Clause 1). The Committee on Ways and Means frames these bills. In the Senate, such bills are referred to the Committee on Finance, and here the bills may be amended. 1 See also Article T, Section 9, Clause 4 : A T o capitation, or other direct, tax shall be laid unless in proportion to the census or enumeration hereinbefore directed to be taken. 2 These are poll taxes. Such a tax was levied on slaves in 1798 and 1813. 88 THE NATIONAL GOVERNMENT. The Appropriation of Money. — Appropriation bills are those which provide for the expenditure of the govern- ment's funds, and these bills are in charge of the com- mittee on appropriations in each house. Below is a list of the principal items in the revenues and appropriations for the year ending June 30, 1902. Revenues. Duties ........ $254,500,000 Internal revenue . . . . . . 272,500,000 Miscellaneous 36,000,000 Total' ....... $563,000,000 Expenditures. War Department ...... $111,500,000 Navy Department 68,500,000 Indian Bureau ...... 10,000,000 Pensions 138,500,000 Interest on public debt ..... 29,000,000 Civil list and miscellaneous .... 113,500,000 Total $471,000,000 The Power to borrow Money. — We have now seen how money is provided for the government under ordinary cir- cumstances. In extraordinary cases this revenue is not sufficient ; accordingly, Congress has been given power by Article I, Section 8, Clause 2, To borrow money on tlie credit of the United States. Money is borrowed in most cases by the sale of bonds. These are of the same nature as the promissory notes by which individuals obtain loans. National bonds state the promise of the United States to pay a certain amount, at a stated time, with interest. A "registered" bond contains the name of the owner, and this is a matter of record at the SOME IMPORTANT POWERS OF CONGRESS. 89 treasury department. When this bond is transferred, the record must be changed. " Coupon " bonds are usually payable to bearer ; they have attached to them a number of coupons equal to the number of interest payments due during the term of the bond. Bonds are bought and sold on the market, and their prices are quoted in the daily papers. When the bonds fall due, they are redeemed by the government at their face value, or " at par." On the market all United States bonds are now selling "at a premium." Issues of bonds were made in 1898, the rate of interest being 3 per cent, and in 1900, the rate being 2 per cent. The Public Debt Statement issued monthly by the treasury department gives the divisions of the bonded debt and the amount outstanding. On February 1, 1903, this amount was $9 I 4,54i > 33°- II. The Power of Congress over Commerce. The Control of Commerce. — The power over commerce, which we are next to discuss, was given to Congress be- cause the history of the country under the Articles of Con- federation demonstrated conclusively the fact that State control of commerce was entirely inadequate. Through Congressional control we secure that uniformity which is essential to security and prosperity in commercial matters. Not all commerce that is carried on by the citizens of this country is subject to control by Congress. The Constitu- tion gives it the power, in Article I, Section 8, Clause 3, To regulate commerce ivith foreign nations, and among the several States, and with the Indian tribes. There is a vast amount of commerce that is carried on entirely within the limits of the different States. Over this commerce Congress has no power ; it is regulated by State laws relating to trade and transportation. 90 THE NATIONAL GOVERNMENT. Interstate Commerce. — The distinction between State and interstate commerce is not readily seen in many cases ; but in general it may be said that if a commodity starts in one State destined for another, its control throughout its course lies within the power of Congress. This principle applies to both land and water transportation. So the coast trade among the States lies within the jurisdiction of Congress ; also, commerce upon those rivers that form highways between different States. The harbors and waterways of the United States have been improved by the expenditure of many millions of dollars. This money has been appropriated in the " River and Harbor Bills " that are passed by almost every Congress. The Interstate Commerce Law. — The importance of rail- road transportation led to the enactment, in 1887, of the " Interstate Commerce Law," controlling this form of com- merce. The law became necessary because of certain abuses which had arisen. In many instances, the rail- roads gave lower freight rates to certain persons than to others doing the same kind of business ; again, the mer- chants or manufacturers of certain cities were favored by more liberal rates than could be obtained by those who were engaged in the same industries in other cities. As a result, the business of many persons and places suffered injury, while the business of their rivals prospered through the advantages given to them by the railroads. In conse- quence, the Interstate Commerce Law provided that all rates should be "just and reasonable." It was made un- lawful to discriminate by giving to any particular person, corporation, or locality an unreasonable advantage over SOME IMPORTANT POWERS OF CONGRESS. 91 others. 1 All rates for interstate commerce must be made public under this law. Finally, the Interstate Commerce Commission was created to supervise the administration of the law. The Interstate Commerce Commission. — Complaints con- cerning the violation of the Interstate Commerce Law are made to this Commission, which consists of five members appointed by the President and confirmed by the Senate. The Commission cannot inflict penalties upon persons who are found by their investigations to have violated the law ; this can be done only after the offender has been tried and found guilty in a court. Consequently, although some abuses have been corrected, the railroads still engage in other practices that are prohibited, and additional power must be given to the Interstate Commerce Commission before it can prevent the violation of the law. The Control of Trusts. — Among the abuses arising in connection with interstate commerce are those which re- sult when persons enter into agreements or combinations to prevent free competition ; for under these circumstances prices are raised, or certain persons are favored in trade. In 1890, Congress passed a law prohibiting such combina- tions " in restraint of trade or commerce among the several States or with foreign nations." This is known as the Sherman Anti-trust Law. Now, a trust is simply a large corporation which has absorbed or killed off, more or less completely, other establishments engaged in the same in- dustry. The trust may or may not have a monopoly, that 1 The 57th Congress passed in 1903 a law providing penalties for the grant- ing and the acceptance of "rebates." 92 THE NATIONAL GOVERNMENT. is, complete control in that line of business ; and it may or may not be engaged in interstate commerce. An agree- ment among certain railroad companies to establish and maintain freight rates was declared to be in violation of the law of 1890. Also, a combination, or " conspiracy," among railroad employees to stop the running of trains was de- clared illegal. 1 The " trust problem," which is so prominent in current political dis- cussion, is the question of preventing the evils of combination in industry. These evils become evident when excessive prices are charged by persons who control certain lines of business ; that is, when free competition is prevented in the production, transportation, or sale of commodities. If the business conducted by a trust lies entirely within the limits of a single State's boundaries, then it must be regu- lated by State law. How far Congress may go in its regulation of trusts under the interstate commerce clause of the Constitution, quoted above, is an unsettled problem. Some authorities hold that the power of Congress is sufficient to meet all cases ; while others believe that the Constitution must be amended before Congress can pass laws which will prevent the evils of combination in industry. 2 III. The Money of the United States. Our National Currency. — Another of the most important powers of Congress is that granted in the following clause : — Article I, Section 8, Clause 5. To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures. In civilized countries it is the practice of the govern- ment to furnish to the people a " circulating medium " for 1 Other cases are cited in " Government in State and Nation," p. 203. 2 The Commissioner of Corporations in the Department of Commerce and Labor, which was created in 1903, has authority to investigate the manner in which corporations conduct their interstate business. SOME IMPORTANT POWERS OF CONGRESS. 93 use in trade and commerce. Two kinds of money are in use in the United States : (1) coin, or specie ; and (2) paper money. The total amount of money in circulation in the United States on June 30, 1901, was $2,249,000,000, or about $28.43 P er capita for the whole population. Of this amount, two-thirds, roughly speaking, was paper money of the various kinds, and one-third was metal money. 1 We shall first consider the coins of the nation. How Coins are Made. — The coinage of . money takes place at the mints, which are located at Philadelphia, Denver, New Orleans, and San Francisco. Gold and silver come to the mints in the form of bricks, or rough bars, to which the term bullion is applied. Alloy must be added to the pure metal for the purpose of rendering it of sufficient hardness to withstand wear. In our gold and silver coins one-tenth of the weight is an alloy composed of copper and nickel. A quantity of the bullion of the required purity is first melted and then cast into ingots, or long bars. Each bar is next run between heavy rollers until it takes the form of a thin strip. From the strip are punched round pieces, called "blanks," of the size and thickness of the coin that is being made. In the next process the blank is weighed on a delicate balance ; when found to be of the correct weight, the coin is placed in a powerful press, and from this it comes with its edge raised above the face and its edge milled. In a similar press the designs are stamped upon the faces of the coin. 1 "Statistical Abstract," 1902, pp. 57—59. In addition to this amount in circulation the United States Treasury contained $313,000,000, of which $253,000,000 was gold. 94 THE NATIONAL GOVERNMENT. Below is a list of the coins now being minted. Gold Coins. 1 Double eagle Half-eagle Eagle Quarter- eagle Silver Coins. Standard dollar Quarter dollar Half dollar Dime Minor Coins. Five-cent (nickel) One cent (bronze) The silver coins less in value than one dollar are called subsidiary coins. The Ratio of Gold and Silver Coins.— The law fixes the weight of pure metal in a silver dollar at 371.25 grains, troy weight, and that of the pure metal in a gold dollar at 23.22 grains. The ratio of these weights is 15.988+ : 1, or nearly 16: 1. This indicates the origin of the famous expression, " sixteen to one." Free Coinage. — By free coinage is meant a policy established by law, under which any person may bring bullion to the mint in any amount and have it coined ; that is, the amount which the government will coin is unlimited by law. Our country has always had the policy of free coinage with respect to gold. This was also the policy in the coinage of our silver dollars until 1873. At that time the coinage of the silver dollar was discontinued until a law was passed in 1878 (the Bland Act) renewing its coinage, but in limited quantities. The government purchased silver bullion under this law, and under the Sherman Act (1890), but since 1893 no silver bullion has been purchased for the coinage of silver dollars, but the bullion already on hand has been used for this purpose. Paper Money. — We have in the United States five kinds of paper money in general circulation : — Kinds. Amounts outstanding Dec. 31, 1902. 1. United States notes . 2. Gold certificates 3. Silver certificates 4. National bank notes . 5. Treasury notes of 1890 ',000,000 383,000,000 469,000,000 384,000,000 24,000,000 1 No gold one-dollar pieces have been coined since ii SOME IMPORTANT POWERS OF CONGRESS. 95 The History of United States Notes. — United States notes, or " greenbacks," as they are commonly called, originated during the Civil War. When the government was without specie with which to purchase supplies for the army and pay other expenses, it issued these notes. Each note says on its face, " The United States will pay to bearer $ " Since no time was set for the fulfillment of this promise, and since there was neither gold nor silver in the treasury with which to redeem the notes, people would naturally hesitate to accept them in payment for goods or salaries. Consequently, Congress made the notes " legal tender " ; 1 that is, the law compelled cred- itors to receive this kind of money in payment for debts. The notes passed into circulation, therefore, because people were forced to take them ; but their value de- preciated greatly during the war. In 1879 the govern- ment began the redemption of the notes in specie, and since that time they have been worth their face value. Gold and Silver Certificates. — It is much more con- venient to handle paper money than coins. Consequently, provision is made for the gold certificates and silver cer- tificates which represent, respectively, gold coins and silver dollars stored in the United States treasury and ready for exchange for the certificates at any time. National Bank Notes. — The fourth kind of paper money is issued by national banks. These are organized under United States law and subject to control by an officer of 1 Our full legal tender coins at present are the gold coins, silver dollars, United States notes and treasury notes of 1890. Subsidiary silver coins are legal tender in amounts not greater than $10.00, and the minor coins are legal tender to the amount of twenty-five cents. 96 THE NATIONAL GOVERNMENT. the Treasury Department. Like banks that are organized under State law, national banks conduct the ordinary banking operations. This part of their business is subject to failure, and the depositors are liable to loss, as in the case of other banks. But the holder of a National bank note may always be sure of the fulfillment of the promise printed on its face, that "The National Bank of will pay the bearer $ , on demand." This is because the security for these notes consists of United States bonds. Every National bank owns an amount of these bonds equal to the amount of its notes in circulation ; the bonds are deposited with the government at Washington, and if the bank should fail, the bonds may be sold by the government and thus specie will be secured with which to redeem the notes. The amount of treasury notes of 1890 is comparatively small, and this kind of money is destined to disappear within a few years. SUPPLEMENTARY QUESTIONS AND REFERENCES. 1. The tariff schedule in force at the present time may be found in newspaper almanacs. Is this tariff high, low, or moderate in its rates ? 2. The Statistical Abstract, published by the Bureau of Statistics of the Treasury Department, gives the list of items upon which duties and internal revenue taxes are collected, and the amounts yielded by each for a series of years ; the expenditures of the government, with the chief items; a statement of the National debt ; and statistics concerning the money of the United States. 3. Why do liquors and tobaccos bear the heaviest excise taxes? What reasons can you give for taxing the other articles men- tioned on p. 86 ? 4. For a statement of the principal items of the public debt in 1901, see James and Sanford, Government in State and Nation, p. 193. SOME IMPORTANT POWERS OF CONGRESS. 97 5. The evils of trusts and the remedies proposed are discussed in the following articles : Arena, 23 : 40-58, 617-626 ; 24 : 569-572 ; 25 : 264-270. Atl. Mo., 87:736-745; 89:332-339. Cent. Mag., 60:143-149, 152-153. Forum, 28:412-426; 30:286-293. N. Am. Rev., 174 : 778-784. Nation, 71 : 4-5. 6. Because our coins contain one-tenth alloy, they are said to be nine- tenths fine. Calculate from the weights of pure metal, given on p. 94, the total weights of the gold and silver dollars. 7. For information concerning the Act of Congress fixing a " standard of weights and measures," see Government in State and Nation, 219. 8. The depreciation of the United States notes, referred to on p. 95, is shown graphically in Government in State and Nation, 210. CHAPTER XL OTHER GENERAL POWERS OF CONGRESS. I. Power of Naturalization. Who are Citizens. — Who are citizens of the United States is always a question of interest. We find it clearly- answered in the first clause of the fourteenth amendment as follows : All persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States and of the States wherein they reside. Thus there are two classes of citizens: (i) those who are citizens by birth ; (2) those who have been natural- ized. Children born in this country, though of foreign parentage, and residing here, may be considered American citizens if they choose. According to an Act of Congress, passed in 1882, Chinese aliens may not be naturalized; but our Supreme Court has decided that a child born in the United States, of Chinese parents, is a citizen, if he desires to be. Though born in a foreign country, a child whose father is an American citizen may claim the privilege of American citizenship. Indians who keep their tribal relations are not included under the provisions of this section. Naturalized Citizens. — The second class of citizens are those who are naturalized. That the rules should be uni- OTHER GENERAL POWERS OF CONGRESS. 99 form by which aliens become citizens, is self-evident. After a brief discussion, the Constitutional Convention provided in Section 8, Clause 4, that Congress shall have the power to establish a uniform, rule of naturalization, aitd uniform laws on the subject of bankruptcies throughout the United States. Process of Naturalization. — (1) The foreigner desiring to become a citizen goes before the clerk of any court of record and declares, "upon oath," that it is his intention to become a citizen of the United States, and to renounce all allegiance to the government which has jurisdiction over him. He then receives his "first papers." (2) After he has resided in the United States for five years, providing two years have elapsed since his " declaration of intention," he may secure his certificate of naturalization. He must appear in open court and swear that he will support the Constitution of the United States, and renounce all alle- giance to any foreign power. Two witnesses must testify to his term of residence, and declare that he is a man of good moral character. His wife, and those of his children who are under twenty-one years of age, become citizens at the same time. In certain cases, Congress has, by a single act, admitted large numbers of aliens to American citizen- ship, as it did at the time of the purchase of Louisiana, the annexation of Texas, and of Hawaii. Bankrupt Laws. — It sometimes happens, because of general depres- sion in trade throughout the country, on account of losses, or for other reasons, that business men become heavily involved in debt. They are said to be insolvent. Now it is but just that such property as they have should be divided in some equitable way among the creditors. A bankrupt law secures such a division, and the debtor is, at the same LofC. IOO THE NATIONAL GOVERNMENT. time, freed from all legal obligation to pay the debts which cannot be met in this way. The first law of Congress on this subject was passed in 1802, and repealed in 1803. Since that time there have been three other bankrupt laws, but the total time during which they have been in force amounts only to some twenty years. The last law, that of 1898, is still in operation. 1 Some States have also passed insolvency laws. How- ever, these must not in any way conflict with the provisions of the national bankrupt laws. II. The Postal System. Organization of the Post-office Department. — We can appreciate somewhat the advancement made in the postal service rendered by the government when we read that an Act of Congress in 1782 directed that mail should be carried "at least once in each week from one office to another." Our well-organized postal system, declared recently by the . Postmaster-General to be the "greatest business concern" in the world, 2 has been evolved through laws made in car- rying out the provision of the Constitution that Congress shall have power to establish post-offices and post-roads. As is well known, the Postmaster-General, a member of the President's Cabinet, is at the head of this Department of government. Among his duties, that of overseeing the appointment of some 70,000 postmasters is by no means the least. 3 These are the so-called fourth-class post- 1 See " Government in State and Nation," pp. 224, 225, for a further discus- sion of bankrupt laws — especially that of 1898. 2 The total receipts of the Post-office Department for 1902 were $121,840,- 047. 3 The appointments are actually made by the Fourth Assistant Postmaster- General. OTHER GENERAL POWERS OF CONGRESS. ioi masters. The other three classes, in which are included those postmasters whose salaries are not less than $1000, are appointed by the President, with the consent of the Senate. Classes of Mail. — Mail matter belongs to one of four classes. In general, the classes and rates are as follows : First class — letters, two cents an ounce ; second class — newspapers and periodicals, one cent a pound; third class — books, one cent for two ounces; and fourth class — merchandise, limited to four-pound packages, one cent an ounce. Free Delivery. — Among the notable advances in the mail service was the provision for the free distribution of mail in the cities of 10,000 inhabitants, or where the annual postal receipts are $10,000 and above. Rural Free Delivery. — No innovation in postal methods has been more successful than the free delivery of mails in the country districts. The development of the system, since its establishment in 1897, has been remarkable. 1 Among the good effects resulting from its extensive introduction may be mentioned the following: (1) Cor- respondence in the communities affected has increased. (2) The circulation of the daily newspaper and of periodi- cal literature has been greatly enlarged, and interest has grown in public affairs. (3) Good roads have been multi- plied, for they are made one of the conditions for the intro- duction of the service. (4) Because the country districts are brought into daily communication with the centres of population, the tendency to quit the farm for the town 1 According to the report of the superintendent for the year ending June 30, 1902, 8413 routes had been established. Congress granted an additional sum of nearly $5,000,000 to extend this service during the year 1903. Presi- dent Roosevelt, in his annual message for 1902, pronounces the system an unqualified success, and urges its further extension. 102 THE NATIONAL GOVERNMENT. has been lessened and thus rural free delivery is helping, in some degree, to solve one of the problems of our social and industrial life. Money Orders. — Another great convenience in this de- partment is the " money order " office, through which money may be transferred quickly and safely. The office is also made a bank of deposit by many persons, who secure money orders payable to themselves. Postal Savings-banks. — At various times bills have been before Congress providing for the establishment of postal savings-banks in connection with post-offices. It is proposed that they shall receive small amounts on deposit, paying a low rate of interest, and that the funds secured be invested in government bonds. A strong argument in favor of their establishment is, that they have met with much favor in many of the European countries. Some of the Defects in our Postal System. — (i) One of the great abuses in the postal system arises through the delivery of second-class matter. There can be little doubt but that private interests are often aided by a perversion of the law defining periodical publications. That this is an unjust drain upon the public funds is clear, when we consider that, in a recent year, the government expended $20,000,000 more than it received for carrying second-class mail. (2) Another serious defect has existed, in the payment of exorbitant rates to railroad companies for carrying the mails. (3) Some Congressmen abuse the privilege granted them of sending government publications free. (4) The pos- tal system has offered one of the best fields for the manipulation of the spoilsman. Postmasters have been usually appointed on the recom- mendation of representatives, and, too frequently, the one essential to securing an office is that the successful applicant must be influential in politics. 1 1 " The policy now is to consider all fourth-class postmasters as appointed for an indefinite period, and subject to removal for cause only." — Report of Civil Service Commission, 1901-1902, p. 20. OTHER GENERAL POWERS OF CONGRESS. 103 III. Copyrights and Patents. Copyrights and Patents. — Section 8, Clause 8. To pro- mote the progress of science and useful arts, by securing, for limited times, to authors and inventors, the exclusive right to their respective writings and discoveries. The development of American literature has been greatly aided through the operation of laws based on this clause. Copyrights are secured from the Librarian of Con- gress. Any person obtaining a copyright has the sole right to print, copy, or sell the book, chart, engraving, music, etc., for a period of twenty-eight years. A copy- right may be renewed for fourteen years longer. It may be sold or transferred, providing a record of the transfer be made in the office of the Librarian of Congress, within sixty days. Patents. — Americans have been rightly named the great inventors of the world. Not a little of our marvel- ous industrial progress has been due to this inventive ability. The government has contributed to the same end, through the enactment of laws protecting those in- ventors who secure patents. A person desiring a patent must declare upon oath, in his petition addressed to the Commissioner of Patents, that he believes himself to be the first inventor of the article for which he solicits a patent. The sum of fifteen dollars is charged for filing the application, and twenty dollars for issuing the patent. A patent is granted for seventeen years, but may be ex- tended for seven years more. During this period, the 104 THE NATIONAL GOVERNMENT. patentee has the exclusive right to manufacture, sell, or transfer his invention. 1 IV. Military Powers of Congress. Section 8, Clauses n, 12, 13, 14. To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and zvater. To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years. To provide and maintain a navy. To make rules for the government and regulation of the land and nival forces. The Army. — Americans are always impressed by the military spirit so prevalent in European nations. Com- pared with the standing army of Germany, which has some 700,000 men, and with that of Russia, containing 1,000,000 men, or with that of most European nations, our army is insignificant in size. According to a law of 1 90 1, the army of the United States cannot contain more than 100,000 men. 2 Fortunately, there has always existed in the United States the desire to keep the standing army from becom- ing unduly large. The Constitution itself indicates that appropriations for the army shall not be for a longer time than two years. At the end of this period, the people may check the growth of the army through the election of representatives opposed thereto. 1 The total number of applications filed for patents, in 1902, was 50,000. This was the largest number ever applied for in a single year. 2 The annual report of the Secretary of War, for 1902, shows that the num- ber of enlisted troops in our army numbered 59,806. OTHER GENERAL POWERS OF CONGRESS. 105 Officers and Classification of the Army. — The President is, ex- officio, commander-in-chief of the army and navy of the United States. The office of general was created, by Congress, March 3, 1799, but was not filled. It was revived in 1866 for General Grant, General Sherman succeeding to the title in 1869. The same rank was bestowed on General Sheridan in 1888. The lieutenant-general is next in rank to the general. The army is apportioned to three geographical divisions : that of the Atlantic, of the Missouri, and of the Pacific. Each division is commanded by a major-general. These divisions are sub-divided into six departments, each having one or more brigades of men in com- mand of a brigadier-general. Each brigade is divided into regiments commanded by a colonel, who is aided by a lieutenant-colonel and a major. The adjutant, who acts as secretary for the colonel, and the quartermaster, who looks after the supplies, are both officers of the regi- ment, ranking as first lieutenants. Infantry regiments consist of ten companies. The cavalry regiments have twelve troops or companies ; and the artillery, twelve companies or batteries. The maximum num- ber of men in a company is 100. The commissioned officers of a com- pany are, captain, first and second lieutenants, with an additional first lieutenant for the artillery. The non-commissioned officers are, first sergeant, sergeant, and corporal. Officers above the rank of captain are called " field officers," and all others, " officers of the line." The Navy. — We are told by competent authorities that one of our best means of preserving peace with foreign powers is to maintain a strong navy. This has become much more necessary since the United States has begun to acquire insular possessions. Although the construction of the modern American navy was not begun until 1883, since that time progress has been so marked that it is now estimated our navy ranks fourth among the navies of the world. The order is Great Britain, France, Russia, the United States. In the year 1899 Congress appropriated $36,000,000 for the construction of twelve new ships of war. 1 1 According to the report of the Secretary of the Navy, for 1902, the fighting strength of the American navy, counting ships launched, under construction, 106 THE NATIONAL GOVERNMENT. Names of Vessels. — A ship of the first class is given the name of a State ; one of the second class that of a principal city or river, and the names for ships of the third class are selected by the President. The navy now contains 312 vessels. Officers in the Wavy. — The titles admiral and vice-admiral, corre- sponding to the grades of general and lieutenant-general in the army, were created by act of Congress to be bestowed on the following men as recognition for distinguished services during the Civil War : Admirals Farragut and Porter ; and Vice-Admirals Farragut, Porter and Rowan. Admiral Dewey was granted his title by a special Act of Congress after the battle of Manila. The officers of the navy ranking with major- generals, brigadier-generals, colonels, and so on, in the army, are rear- admirals, commodores, captains, commanders, lieutenant-commanders, lieutenants, masters, ensigns. The Militia. — With but little opposition in the Constitu- tional Convention, Congress was given the power to make provision for citizen-soldiers as follows : — Section 8, Clause 15. To provide for calling forth the militia to execute the laws of the Union, suppress insurrec- tions and repel invasions. Clause 16. To provide for organizing, arming and dis- ciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserv- ing to the States respectively the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress. Number of the Militia. — All able-bodied male citizens of the United States and males between eighteen and forty-five years of age who have declared their intention to become citizens are regarded as the militia force of the country. As a matter of fact, there are at present only and authorized by acts of Congress, has increased to four times what it was at the beginning of the war with Spain. OTHER GENERAL POWERS OF CONGRESS. 107 about 100,000 men enrolled in this service. But in the case of an emergency the President may compel the gov- ernors of the various States to furnish the troops needed. The militia may thus be called into service, under their own State officers, for a period of nine months. The War of 1812 and the Civil War furnish the best illustrations of the enforcement of this provision. Volunteers of 1898. — We should note here the manner in which men were secured for the war against Spain. We see, according to Clause 15, that the militia may be called out only for the purposes of executing the laws of the Union, suppressing insurrections, and repelling invasions. Now, in the case given, the war was to be conducted in foreign territory, and President McKinley called for 200,000 volunteers. It was understood, however, that preference would be given to those volunteers who were already members of the organized militia. V. Location of the Capital. Section 8, Clause 17. Congress shall have the power to exercise exclusive legislation in all cases whatsoever over such district {not exceeding ten miles square) as may, by ces- sion of particular States and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the State in which the same shall be, for the erection of forts, magazines, arsenals, dock- yards, and other needful buildings. One of the most interesting contests in American history arose in the selection of a site for the capital city. Con- gress finally accepted, for this purpose, one hundred square miles of land on the Potomac River, which was ceded by Maryland and Virginia. The thirty square miles given IOS THE NATIONAL GOVERNMENT. by Virginia were afterward returned to that State. The capital was to be in New York until 1790, then in Phila- delphia until 1800. In 1800 it was transferred to the new district, called the District of Columbia. 1 VI. Implied Powers. Strict and Loose Construction. — Our national develop- ment has been, in large measure, dependent on the inter- pretation of the next clause of the Constitution. It is often called the elastic clause. Section 8, Clause 18. To make all laws which shall be necessary and proper for carrying into execution the foregoing powers and all other powers vested by this Constitution in the government of the United States or in any department or officer thereof. Briefly stated, the problem has always been, Has Con- gress the right to exercise powers not definitely granted by the Constitution ? Alexander Hamilton first set forth the doctrine of implied powers. He urged that Congress might, in carrying out specific powers, use methods not expressly provided for in the Constitution, as in the creation of a bank or a mint. Since the time of this interpretation, which, fortunately for American interests, was sanctioned by Washington and later by the Supreme Court through its great Chief Justice John Marshall, the advocates of the doctrines of strict and loose construction have contended for their principles. Does the Constitution permit the ac- quisition of territory ? May Congress establish a protec- tive tariff, or a system of internal improvements ? We 1 For the government of this district, see " Government in State and Nation," p. 239. OTHER GENERAL POWERS OF CONGRESS. 109 have here but three of the great questions which have led to a definition of these opposing views. Speaking in general terms, the party in power has favored loose con- struction, while the party out of power has advocated strict construction. Said Mr. Bryce, " The Americans have more than once bent their Constitution in order that they might not be forced to break it." 1 SUPPLEMENTARY QUESTIONS AND REFERENCES. 1. What are star routes? James and Sanford, Government in State and Nation, 229. 2. Should postal savings-banks be established? N. Am. Rev., 172: 551-554- 3. Should there be a system of postal telegraphy? Cent. Mag., 59 = 952-956; N. Am. Rev., 172 : 554-556. 4. Extent and advantages of Rural Free Delivery, Rev. of R's, 27 : 55- 60. 5. Perils of the Postal Service, N. Am. Rev., 172 : 420-430, 551-559. 6. Defects in the Postal System, N. Am. Rev., 174 : 807-819 ; 175 : 115- 127. 7. Privateers and privateering, Government in State and Nation, 204; Walker, The Making of the Nation, 231, 232. 8. For the methods employed in the patent office and a comparison between our system and that of European nations, see Cent. Mag., 61 : 346-356. 9. A good account of the reorganization of the army of the United States is given in the Atl. Mo., 89 : 437-451. 10. The Development of the United States Army, Scribner's Mag., 30:286-311, 446-462, 593-613- 11. West Point after a Century, World's Work, August, 1902, 2433-245I- 12. A Hundred Years of West Point, Outlook, 71 : 5gi-6oi. 13. Life at West Point, Rev. of R's, 26 : 45-53. 14. What was the character of our navy prior to 1883? Harrison, This Country of Ours, 251-255. 1 Bryce, "American Commonweallh," I, 390. 110 THE NATIONAL GOVERNMENT. 15. The New American Navy, Outlook, 73 : 323-337. 16. Comparison of the strength of our navy with that of other nations, Rev. of R's, 25 : 561-570. 17. What special problem was connected with the location of the capital? How was it finally settled? Hart, Contemporaries, III, 269-272; Schouler, I, 152-156; McMaster, I, 555-562; World's Work, 1 : 191-195. 18. The development of Washington during the past one hundred years is discussed in Rev. of R's, 22 : 675-686 ; Forum, 30 : 545- 554; Outlook, 70:310, 311, 817-829; Cent. Mag., 63:621-628, 724-756 ; Cosmop., 30: 109-120. 19. Proposed Improvements in Washington, Cent. Mag., 63:621- 628, 747-759- 20. For the influence of the doctrine of implied powers, see : — (a) Internal Improvements, Hart, Contemporaries, III, 436-440 ; Walker, The Making of the Nation, 204, 205, 262, 363 ; Hart, Formation of the Union, 227-229, 353-355. (b) The United States Bank, Hart, Contemporaries, III, 446- 450; Hart, Formation of the Union, 150-151, 226-227; Walker, The Making of the Nation, 82-83. (V) The annexation of territory, Hart, Contemporaries, III, 373- 376 ; Walker, The Making of the Nation, 177-184 ; Hart, The Formation of the Union, 188. ( whom were they succeeded ? 20. What was the order of succession to the Presidency before 1886 ? K 130 THE NATIONAL GOVERNMENT. Why was the change made ? James and Sanford, Government in State and Nation, 266. 21. What is a "minority" President? Government in State and Nation, 264. 22. An interesting account of the White House, Outlook, 70 : 287- 299. 23. Inauguration events of 1901, Rev. of R's, 23 : 405, 406 ; Out- look, 67: 555, 556. 24. Incidents of Presidential inaugurations. World's Work, 1 : 477- 479- 25. For other questions and references on the chapter, see Govern- ment in State and Nation, 255-257, 269, 270. CHAPTER XIV. POWERS AND DUTIES OF THE PRESIDENT. Military Powers of the President. — An eminent histo- rian, 1 writing recently of the power exercised by President Lincoln in time of war, said, " It is an interesting fact, that the ruler of a republic which sprang from a resistance to the English king and Parliament should exercise more arbitrary power than any Englishman since Oliver Crom- well, and that many of his acts should be worthy of a Tudor." President Lincoln, it is true, exercised powers which, if attempted by a weaker man, or at another time, might have proved dangerous to the liberties of the people. 2 This he did through his interpretation of Clause I, Section 2. The President shall be commander-in-chief of the army and navy of the United States, and of the militia of the several States when called into the actual service of the United States ; lie may require the opinion, in tvriting, of the principal officer in each of the executive departments, tipon any subject relating to the duties of their respective offices, and he shall have poiver to grant reprieves and par- dons for offences against the United States, except in cases of impeachment. 1 James Ford Rhodes, Scribner's Magazine, February, 1903. 2 For the suspension of the privilege of the writ of habeas corpus, see p. III. 131 132 THE NATIONAL GOVERNMENT. Reprieves and Pardons. — The ordinary powers of the President are also important. 1 One of the greatest is the power to grant reprieves and pardons. A reprieve is the temporary suspension of the execution of a sentence. By means of a reprieve, the President may gain time to look into the evidence more carefully. Complete release from a sentence is secured by a pardon. 2 Treaty-making Power. — Section 2, Clause 2. He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the senators present concur. While the power to conclude treaties seems to be without restriction, it is implied that no treaty shall in any way interfere with the authority of the Constitution. The usual steps in the negotiation of treaties are as follows : (1) In time of peace they are conducted at the capital of the nation that begins the negotiation. If this is in Washington, the terms are considered by the Secretary of State and the minister of the other nation ; if in a foreign capital, our minister acts under instructions sent him by the Secretary of State. At times, one or more special ministers are sent abroad for the purpose of negotiating a treaty. (2) In time of war, the minister of the nation with which we are at war leaves the United States. The interests of his nation are then intrusted to the minister of some neutral power, and through this minister negotiations 1 For the power of the President over legislation by means of the veto, see pp. 80-81. 2 President Harrison was called upon to consider 779 requests for pardon. Of these, 527 were granted, wholly or partially. President Cleveland acted on 907 such cases, and granted 506, in whole or in part. POWERS AND DUTIES OF THE PRESIDENT. 133 for peace are usually begun. (3) The treaty of peace at the close of a war is generally negotiated in some neutral country by special commissioners appointed by the nations at war. In all cases, the President exercises general control over the negotiation and framing of treaties. After an agreement has been reached, the treaty is sent to the Senate. It is discussed in executive or secret session. This means that the treaty and all matters pertaining to it are kept secret until, by a resolution, the Senate allows the discussion to be made public. The Senate may approve, re- ject, or modify the terms. If amendments are made, they must be agreed to by the President and by the other nation interested. When a treaty has been finally approved by the officials of both countries, duplicate copies of it are made on parchment. Both of these copies are signed by the chief officers of each country, and the copies are then exchanged. This is called the " exchange of ratification." An official copy of the treaty is thus secured by each nation. The President then publishes the treaty accom- panied by a proclamation, in which it is declared to be a part of the law of the land. If the terms of a treaty call for the payment of money by the United States, the necessary amount can be appropriated only by an Act of Congress. The House of Representatives may refuse to give its sanction to such an appropriation, and may thus prevent the treaty going into effect. Power of Appointment. — When it is considered that the President has the nominal power of appointing over 200,000 persons to office, we can readily see that this comprises one of his chief powers. His right to select office-holders 134 THE NATIONAL GOVERNMENT. is granted in Section 2, Clause 2. He shall nominate, and by and with the advice and consent of the Senate, shall appoint Ambassadors, other public ministers and Consuls, Judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law ; but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments. Vacancies. — Section 2, Clause 3. The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session. Presidential Appointments. — It would be quite impos- sible for the President, personally, to oversee all of these appointments, and so a large percentage of them is made by officials in the different departments. There are, besides the ambassadors, consuls, and judges of the Supreme Court, some 7000 so-called Presidential officers, whose appointments must receive the sanction of the Senate. More than one-half of these are postmasters of the first class. 1 Among the most important of these officers are the Cabinet, interstate commerce commis- sioners, district attorneys, and all military and naval officers whose appointment is not otherwise ordered by law. Official Patronage. — In making his appointments, the President is largely dependent upon the advice of the head of that department un- der whose direction the officer will come, or upon the recommendation of the representatives and senators of his party from the State in which 1 Those who receive an annual salary of $1000 and above. POWERS AND DUTIES OF THE PRESIDENT. 135 the office is located. This official patronage, through which political assistants in a State may be rewarded with a Federal office, has become so burdensome that many Congressmen complain of it and desire to be freed from its exactions. Senatorial Courtesy. — There has grown up an almost invariable custom, known as senatorial courtesy. This demands that if the office to be filled is located in a State, the appointment be not confirmed un- less it receives the sanction of one or both of the senators of the State concerned, provided they are members of the same political party as the President. Action of the Senate on Nominations. — All of the nominations sent by the President to the Senate are submitted to appropriate commit- tees, as, postmasters to the Post Office Committee, ambassadors to the Committee on Foreign Affairs. The report of the committee is con- sidered in secret session, and the nomination is then voted on. If the vote is adverse, the President must make another nomination. The Spoils System. — During the first forty years of our government there were only seventy-four removals from office. The opinion was general that there were a large number of strictly non-political offices in the departments and elsewhere, the holders of which should be regarded as agents or clerks whose duty it was to assist in carrying on the business of government. Therefore the best results could be secured, it was believed, only as these positions should be filled by persons the most competent, who might hope to retain the office so long as they gave efficient ser- vice. But with the coming in of President Jackson the "spoils system" was introduced. This system, in prac- tice, provides that political workers belonging to a victorious party may, as far as possible, receive reward for their ser- vices in the shape of some office. " To the victors belong the spoils of the enemy " is the familiar motto of those who have advocated this system. During the first year of 136 THE NATIONAL GOVERNMENT. President Jackson's administration 2000 officials were de- prived of their offices, and friends of the administration were put in their positions. From that time there has been great pressure on every new President similarly to reward his followers. Civil Service Reform. — While the evils had been pointed out at various times, little was done to remedy the spoils system until Congress, in 1883, passed the Civil Service Law, known as the Pendleton Bill. It provides for a Civil Service Commission of three members, not more than two of whom may belong to the same political party. This commission gives competitive examinations, which are re- quired for testing the fitness of applicants for certain posi- tions in the public service. The number of offices originally included under the act was about 14,000. The President is given the power to direct the further extension of the " classified service," that is, those positions that are to be filled by persons who have passed the best examinations. In 1902 there were over 120,000 classified offices. 1 While much has been accomplished, during the past twenty years, toward reforming civil service appointments, it is to be hoped that a large number of the unclassified offices will, at an early date, be placed on the list to be filled only after examination. 2 The National government may 1 Nineteenth Report of the United States Civil Service Commission, 1901- 1902, p. 22. 2 In 1902 there were 116,000 offices unclassified or excepted, some 72,000 of which were fourth-class post offices. During the year 1901-1902, the civil service rules providing for competitive examinations were extended by order of the President or by Act of Congress so as to include the rural free delivery service, employees of the permanent census bureau, and additional employees made necessary because of the war with Spain. POWERS AND DUTIES OF THE PRESIDENT. 1 37 thus further assist in the movement for like reforms already so well begun in some of our States and cities. Duties of the President. — Section 3. He shall, from time to time, give to tJie 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 betiveen them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper ; Jie shall receive Ambas- sadors and other public ministers ; lie shall take care that the laws be faithfully executed, and shall commission all the officers of the United States. Presidential Messages. — By means of the annual mes- sage sent to Congress at the opening of the session, and special messages on particular occasions, the President is enabled to call attention to the legislative needs of the country. The plan of having a message read in each House by the clerk or secretary was introduced by Presi- dent Jefferson. Presidents Washington and Adams ad- dressed, in person, Congress assembled in joint session. Various reasons have been alleged for this change. Presi- dent Jefferson was a poor speaker, and it is said that he regarded the formal address as monarchical. Enforcement of the Laws. — The most important duty of the President is to see that all laws passed by Congress are faithfully executed. Laws are useless unless they are enforced, and it is chiefly for the performance of this task that the Executive was originally created. It is not con- 138 THE NATIONAL GOVERNMENT. templated that this duty shall be performed by him in person, but through officials who are directly responsible to him. The United States marshals and their deputies exercise a wide influence in seeing that the laws are en- forced. They usually act under an order from a United States court, but may, at times, act without such a writ. If necessary, the President may send the army and navy of the United States or call out the militia of the States to overcome any resistance to federal law. Each State possesses the power of enforcing its own laws and is of right protected in the exercise of this prerogative. In case of an insur- rection, however, the State militia is sent by order of the Governor to suppress it. Should they fail to restore order, the Legislature, or the executive (when the Legislature cannot be convened), applies to the President for military aid. 1 If the uprising has interfered in any way with the carrying out of the laws of the nation, the President may, at his discretion, send troops to suppress it without having been asked to do so by the Legislature or the Governor. There was a notable illus- tration of this point during the time of the Chicago riots, in July, 1894. President Cleveland vs. The Governor of Illinois. — In addition to destroying property belonging to the railways centering in Chicago, the striking employees prevented the free movement of the trains. Mr. Altgeld, then Governor of Illinois, did not provide against these abuses, and President Cleveland ordered the United States troops under General Miles to suppress the rioting. The President, who was severely criti- cised by Mr. Altgeld, justified his sending the troops on the following grounds: (1) that the processes of the federal courts could not be executed ; (2) that the transportation of the United States mails was obstructed; and (3) that the laws on interstate commerce were not enforced. The United States Supreme Court took the same position as Presi- 1 Article IV, Section 4. The United States shall guarantee to every State in this Union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or the executive (when the legislature cannot be convened), against domestic violence. POWERS AND DUTIES OF THE PRESIDENT. 139 dent Cleveland in a case which grew out of these riots. Mr. Justice Brewer, in delivering the opinion of the court, said : "We hold that the government of the United States is one having jurisdiction over every foot of soil within its territory and acting directly upon each citizen ; that while it is a government of enumerated powers, it has within the limits of those powers all the attributes of sovereignty ; that to it is com- mitted power over interstate commerce and the transmission of the mails, and that these powers have been assumed and put into practical exercise by the legislation of Congress." SUPPLEMENTARY QUESTIONS AND REFERENCES. 1. What have been some of the most important treaties entered into on the part of the United States ? 2. For the treaty made at the close of the Spanish-American War, see Rev. of R's, 18: 258, 371, 515, 631; 19 : n, 261, 262, 266, 267. 3. In what ways may a treaty be abrogated ? Harrison, This Country of Ours, 140, 141. 4. May a President have many of the privileges of private life ? Harrison, This Country of Ours, 177-180. 5. What are some of the official cares of the President? Harrison, This Country of Ours, 162-177. 6. The Overworked President, McClure's Mag., 28 : 483-492 ; Rev. of R's, 25 : 464-466. 7. Secure a copy of the last report of the Civil Service Commission. and also Manual of Examinations for the Classified Service of the United States, and look up the following : — a. How many persons are included in the civil service of the United States ? b. What proportion of them is included in the classified service ? c. Does the law of 1883 seem to have brought about satis- factory results ? d. What offices have been included in the extensions of the Civil Service Law ? e. What is the nature of the questions asked in the exami- nations ? 8. The Fifteenth Annual Report of the Commission (pp. 443-485) contains an account of the appointments and removals by 140 THE NATIONAL GOVERNMENT. the various Presidents from 1789 to 1883. Also an account of the growth of civil service reform in the States and cities of the United States, pp. 489-502. 9. May a man be fitted for political preferment and not be competent to pass an adequate examination ? 10. For other articles on civil service reform, see (a) The Civil Ser- vice and the Merit System, Forum, 27 : 705-712. (/;) Some Popular Objections to Civil Service Reform, Atl. Mo., 65 : 433- 444; 671-678. (c) Roosevelt, An Object Lesson in Civil Ser- vice Reform, Atl. Mo., 67 : 252-257. (d) George William Curtis and Civil Service Reform, Atl. Mo., 75 : 15-24. (e) Rice, Im- provement of the Civil Service, N. Am. Rev., 161:601-611. (/) Roosevelt, Present Status of Civil Service Reform, Atl. Mo., 75:239-246. (g) Roosevelt, Six Years of Civil Service Reform, Scribner's Mag., 18:238-247. (Ji) The purpose of Civil Service Reform, Forum, 30 : 608-619. 11. What was the Tenure of Office Act of 1867? Why did it become of great importance ? Is it still in force ? Wilson, Division and Reunion, 267, 270-271, 297; Harrison, This Country of Ours, 101-103. 12. What were the chief points discussed in the President's last annual message ? CHAPTER XV. THE CABINET. Formation of Departments. — The Constitution nowhere mentions the President's Cabinet. It was taken for granted, however, that departments similar to those found in the Cabinet would be formed. The Constitution declares that the President " may require the opinions in writing of the heads of the executive departments," and again, that " Congress may vest the appointment of certain inferior officers in the heads of these departments." In 1789 the first Congress created the Departments of State, War, and Treasury, also the office of Attorney- General. President Washington's Cabinet consisted of the officials whom he appointed to fill these four positions. The Navy Department was added in 1798. While a Post- Office Department was established in 1794, the Postmaster- General was not made a member of the Cabinet until 1829. In 1849, the Interior Department was created by grouping under it certain duties which had belonged to other de- partments. The Department of Agriculture was made a Cabinet position in 1889. In 1903 the Department of Commerce and Labor was authorized by an act of Con- gress. Members of the Cabinet receive an annual salary of $8000. The President and his Cabinet. — One of the first official acts of a President is to send to the Senate, for its 141 142 THE NATIONAL GOVERNMENT. approval, the names of the men whom he desires shall constitute his Cabinet. This is now a mere formality. The President is himself the one most interested in the success of his administration and is of right given complete freedom in selecting his immediate advisers. While the views of the members of the Cabinet usually have weight with the President, he is not obliged to take their advice. Indeed, in some instances the President has carried out a line of action which was against the wishes of the secretary of the department affected. The Department of State. The Secretary of State. — • The Secretary of State is commonly called the head of the Cabinet. He is first in rank at the Cabinet table, and occupies the seat of dignity at the right of the President. Under the direction of the President he conducts all negotiations relating to the for- eign affairs of the nation ; carries on the correspondence with our representatives in other countries ; receives the representatives of foreign powers accredited to the United States, and presents them to the President. Through him, the President communicates with the executives of the different States. He has charge of the treaties made with foreign powers, and negotiates new ones. He has also in his keeping the laws of the United States and the great seal which he affixes to all executive proclamations, com- missions, and other official papers. The Diplomatic Bureau. — The United States, in common with other nations, sends representatives to the foreign capitals. They are the agents through whom the Secre- THE CABINET. 143 tary of State communicates and negotiates with other powers. Such affairs are conducted through the Diplo- matic Bureau. The United States has now about thirty-five ambassadors and ministers. Our representatives at the courts of England, France, Germany, Russia, Italy, Aus- tria, and Mexico are known as ambassadors. The am- bassadors to the first four countries receive a salary of $17,500 each. The social demands made upon our Ambassadors are great, and they are also obliged to provide for their places of residence. The salaries paid are not sufficient to meet these necessary expenses, and are small in comparison with those paid by the European nations to officers of the same rank. Thus, the English Ambassador at Washington receives a salary of $32,500. Besides the English, the German, the Japanese, and some other nations have provided houses for their legations. The Consular Bureau. — A consul is sent by the United States to each of the chief cities in the consular districts into which foreign countries are divided by our State Department. These consuls, of whom there are three grades, Consuls-General, Consuls, and Consular Agents, look after the commercial interests of the United States in those districts. They make monthly reports on improve- ments in agricultural and manufacturing processes. These reports also give information regarding good markets for our products and of the best markets in which to purchase foreign products. 1 Consuls care for destitute American sailors and protect the interests of our citizens in foreign countries. In some of the non-Christian nations, such as 1 Among scores of similar subjects, our consuls reported in 1900 on the fol- lowing : American goods in Syria ; American commerce with Asia Minor and eastern Europe ; German opinion of American locomotives ; American coal in Germany ; Europe and American competition. 144 THE NATIONAL GOVERNMENT. China and Turkey, they also have jurisdiction over all criminal cases in which any American citizen may be a party. The importance of such services to our country is self-evident. The appointment of these 765 officials, to- gether with their subordinates, is usually secured under party pressure. It would have a wholesome influence on our rapidly developing commercial interests were these positions placed in the classified service. 1 The Department of the Treasury. The Secretary of the Treasury. — The Department of the Treasury is the most extensive and complex of the executive departments. In general, the Secretary of the Treasury has charge of the finances of the nation. He is required to prepare plans for the creation and improvement of the revenues and the public credit and to superintend the collection of the revenue. He gives orders for all moneys drawn from the Treasury in accordance with appropriations made by Congress, and submits an annual report to Congress which contains an estimate of the probable receipts and expenditures of the government. The Auditors. — It is very important that the accounts of the govern- ment should be carefully scrutinized, and one of the six auditors con- nected with the Treasury Department must pass upon the accounts of every public officer who pays out money. Thus, the Auditor for the Treasury Department examines all accounts of salaries and incidental expenses of the office of the Secretary of the Treasury and all other offices under his immediate direction, such as the Treasurer and Directors of the Mints. The Treasurer. — All the money of the United States is under the care of the Treasurer. He receives and pays it out upon the warrant of 1 See report Civil Service Commission, 1901-1902, p. 32. THE CABINET. 145 the Secretary of the Treasury or a designated assistant, redeems the notes of the National banks, and manages the Independent Treasury System. This system renders the Treasury Department practically independent of the banks of the country. It includes the Treasury at Washington and sub-treasuries, each in charge of an assistant treas- urer at Boston, New York, Philadelphia, Baltimore, Cincinnati, Chi- cago, St. Louis, New Orleans, and San Francisco. While the greater part of the money belonging to the government is found in these places, about two hundred National banks have also been designated as public depositories. The Chief of the Bureau of Engraving and Printing. — The Bureau x of Engraving and Printing is one of the largest in the department and employs about 1600 people. It has been said that the products of this bureau, in the course of a single year, represent a sum equal in value to all the money in circulation in the United States ; for here the engraving of the plates and the printing of all the United States circulating notes, bonds, revenue stamps, and postage stamps are done. Other Officers of the Treasury Department. — Among the other leading officials of the Treasury Department are : Comptroller of the Currency, Commissioner of Internal Revenue, General Superintendent of the Life-saving Ser- vice, Solicitor of the Treasury, Supervising Surgeon- General, and Supervising Architect. The Life-saving Service. — This is one of the most important offices in the Treasury Department. More than 2000 men are employed in the 264 stations, located generally at danger points on the oceans and the Great Lakes. Out of the 3987 lives imperiled in the year 1898 in the disasters on water, only 22 were lost. 2 Of the property involved, which was valued at $7,368,000, 88 per cent was saved. It has been estimated that 225,000 lives have been saved through this service since it was founded in 1848. The Solicitor of the Treasury. — The Solicitor of the Treasury is the law officer of the department, and has charge of all prosecutions 1 The work of each department is usually distributed among the bureaus. Bureaus are again divided into divisions. At the head of each bureau is a commissioner, and of each division a chief. 2 Finance Report, 1898, lxxxiv. L 146 THE NATIONAL GOVERNMENT. by the government arising out of the counterfeiting of the government securities, or of the infringement of customs revenue, and of all suits for the collection of moneys due the United States, except those due under the internal revenue laws. The Supervising Surgeon-General. — The Supervising Surgeon-Gen- eral superintends the twenty-two marine hospitals where our sick sailors are cared for ; conducts the quarantine service of the United States ; and directs the laboratories for the investigation of the causes of conta- gious diseases. The War Department. The Secretary of War. — The Secretary of War, under the direction of the President, has charge of the military affairs of the government. He supervises all estimates of appropriations for the expenses of the department. 1 He has under his supervision also the military academy at West Point, all national cemeteries, and river and harbor improvement. The chiefs of the eleven bureaus are regu- lar army officers. The Adjutant-General. — The Adjutant-General issues orders for the muster of troops and for their movement, conducts the correspondence of the department, and keeps the records. The Inspector-General. — The Inspector-General examines and re- ports on all places where United States troops are stationed ; on pub- lic works carried on by army officers ; and on the military academy and prisons. The Quartermaster-General. — Under direction of the Quartermaster- General the army is transported, clothed, and equipped. The Chief of Ordnance. — Arms are supplied by the Chief of Ord- nance. The arms used are manufactured chiefly in the United States arsenals. The arsenals at Springfield, Mass., and Rock Island, 111., manufacture rifles and carbines ; and that at West Troy, N.Y., cannon and mortars. 1 The annual appropriation by Congress for the army alone in 1903 amounted to $78,138,752. THE CABINET. 147 The United States Military Academy. — The United States Military Academy at West Point was founded in 1802. The corps of cadets is made up of one cadet from each of the Congressional districts, one from each of the Territories and the District of Columbia, and one hundred from the United States at large. Prior to the year 1900 there were only ten cadets at large. The act of that year also provided that thirty cadets were to be named by the President directly and the remainder appor- tioned among the States. They all receive their appointments from the President, but it has become the custom for the representatives and delegates to select (usually after a competitive examination) those from the Congressional districts and the Territories. The cadet must be between seventeen and twenty-two years of age. Each receives $540 a year during the four years of his course. Upon graduation, the cadets are commissioned as second lieutenants in the United States army. In case there are more graduates than vacancies, those in excess are honorably discharged with the payment of one year's salary. The Navy Department. The Secretary of the Navy. — The duties of the Secre- tary of the Navy pertain to the construction, manning, arming, equipping, and employment of war-vessels. 1 The United States Naval Academy. — The naval academy at An- napolis was established in 1846. One cadet is allowed in the naval academy for each member or delegate of the House of Representatives, one for the District of Columbia, and ten at large. Candidates for admission, at the time of their examination, must be between the ages of fifteen and twenty years. The nomination of a candidate to fill a vacancy is made upon recommendation of a representative or delegate if made before July 1 ; but if no recommendation be made by that time, the Secretary of the Navy fills the vacancy by appointing an actual resi- dent of the district in which the vacancy exists. The President selects the candidates at large and the cadet for the District of Columbia. At the conclusion of the six years 1 course, two of which are spent at sea, the 1 The appropriation for this department in 1903 was $81,877,291. 148 THE NATIONAL GOVERNMENT. graduates are assigned in order of merit to the vacancies that may have occurred in the lower grades of the line of the navy and of the marine corps. Cadets who are not assigned to service after graduation are honorably discharged and are given $500, the amount they have re- ceived each year of their course at the academy. The Department of Justice. The Attorney-General. — The Attorney-General is the legal adviser of the President and of the heads of the departments. He supervises the work of all the United States district attorneys and marshals, and is assisted by the Solicitor-General. Unless otherwise directed, all cases before the Supreme Court and the Court of Claims in which the United States is a party are argued by the Attorney-General and the Solicitor-General. The Post Office Department. The Postmaster-General. — The Postmaster-General is at the head of this department. He appoints all of the officers of the department with the exception of the four assistant postmasters-general and postmasters of the first class, whose appointments are made by the President with the consent of the Senate. The Postmaster-General may, with the consent of the President, let contracts and make postal treaties with foreign governments. The Postal Union. — Since 1891 the United States has been a mem- ber of the Universal Postal Union. By this union over fifty distinct powers became parties to an agreement by which uniform rates of post- age were agreed upon and every facility for carrying mails in each country was extended to all the others. THE CABINET. 1 49 The Department of the Interior. The Secretary of the Interior. — The Interior Department, under the supervision of the Secretary of the Interior, is one of the most complex and important of the departments. There are two assistant secretaries in the department, while at the head of the other offices are six commissioners and two directors. The Commissioner of the General Land Office. — The Commissioner of the General Land Office has charge of all the public lands of the government, and supervises the surveys, sales, and issuing of titles to this property (see p. 169). The Commissioner of Education. — The Commissioner of Educa- tion is the chief of the Bureau of Education. This bureau has charge of the collection of facts and statistics relating to the educational sys- tems and to progress along educational lines in the several States and Territories, and also in foreign countries. The reports issued by the bureau are of great value to those interested in education. The com- missioner has advisory power only, except in Alaska. Here he directs the management of the schools. The Commissioner of Pensions. — The Commissioner of Pensions supervises the examination and adjustment of all claims arising under the laws of Congress granting bounty land or pensions on account of services in the army or navy during the time of war. That our govern- ment has not been ungrateful may be gathered from the report of the commissioner for 1902. There were in that year 999,446 pensioners, to whom were paid approximately $140,000,000, or an amount equal to 24 per cent of the total revenues of the government. The Commissioner of Indian Affairs. — Prior to 1871 the Indian tribes were treated as independent nations by the United States, but by a law of that year the general government was made the guardian of their interests. The Commissioner of Indian Affairs exercises a pro- tecting care over these "wards" by directing the work of the Indian agents and of the superintendents of Indian schools. 150 THE NATIONAL GOVERNMENT. There are some 145,283 Indians on the 177 reservations which are in the various States and Territories. 1 The lands of these reservations are held in common ; that is, the ownership is tribal rather than individ- ual. It is the policy of the government, however, to bring about the allotment of lands " in severalty," and thus to encourage the Indians to adopt an agricultural life. The Indians are only partially self-supporting. Some tribes derive an income from funds which are the proceeds derived from the sales and cessions of their lands. The National government holds this money in trust for them, and, by direct appropriation, supplies the money, food, and clothing necessary to complete their support. The appropriation for the Indians in 1903 was $8,512,950. Over one- fourth of this sum was spent for their education in Indian schools, num- bering nearly 300, which are under the direct control of the department. The Director of the Geological Survey. — The Director of the Geo- logical Survey collects much valuable information through the exami- nation of the geological structure, mineral resources, and mineral products of the United States. He has charge, also, of the survey of the forest reserves. The Department of Agriculture. The Secretary of Agriculture. — The duties of the Secre- tary of Agriculture are, " To acquire and diffuse among the people of the United States useful information on sub- jects connected with agriculture in the most comprehensive sense of that word." The activities of the department are along many lines, as indicated by the names of the bureaus and divisions. Bureau of Animal Industry. — Continuous advancement is being made by the government toward placing the agricultural pursuits upon a more scientific basis. One of its most important services is performed in the Bureau of Animal Industry, which inspects the greater part of 1 Census of 1900. This number does not include the Indians found in the Indian Territory. According to this census the total number of Indians then in the United States was 331,000. THE CABINET. 151 the meat products exported to European countries. The law providing for this inspection was necessary because of the claim in European markets that diseased meats were shipped from the United States. An inspection is also provided for live animals intended for exportation and for animals imported. Much scientific work is also devoted to a study of the various diseases of animals. The Division of Seeds. — Over $ 100,000 are expended each year by the Division of Seeds in the purchase of " rare and valuable " seeds, bulbs, and plants. These are distributed free throughout the country for the purpose of fostering the introduction of new and more valuable crops. Public Road Inquiries. — Another important interest is carried on by the Office of Public Road Inquiries. Here experiments are made with regard to the best system of road-making and the best materials to be used for that purpose. Weather Bureau. — Through the Weather Bureau daily forecasts and warning of storms are sent to over 50,000 different points, and storm signals are displayed at 300 places on our coasts. By its operation, millions of dollars are saved each year to the agricultural and maritime interests of the country. A recent decree of the Post-Office Department renders the reports of the bureau of still greater service. Slips of paper having the storm, frost, or other warnings printed on them are distributed by the rural mail carriers at the various houses in the dis- tricts affected. The Department of Commerce and Labor. Nature of the Department. — Because of the nature of the subjects assigned to this new department, it will rapidly become one of the most important of the de- partments. At the head of the department is a secre- tary. Strictly speaking, there have been only two bureaus created for the department, the others having been trans- ferred from the other departments. The new bureaus are those of Corporations and of Manufactures. The Com- missioner of Corporations is expected to investigate the 152 THE NATIONAL GOVERNMENT. organization, conduct, and management of the business of corporations and other combinations engaged in interstate commerce, and to see that all anti-trust laws enacted by Congress are enforced. The duties of the Commissioner of Manufactures, as defined by the law, are " to foster, pro- mote, and develop the various manufacturing industries ot the United States and markets for the same at home and abroad by gathering, compiling, publishing, and supplying all available and useful information concerning such indus- tries and such markets, and by such other methods and means as may be prescribed by the secretary or provided by law." The President is given the power to transfer to the department those bureaus in other departments which are engaged in scientific or statistical work, the Interstate Commerce Commission and the scientific divisions of the Agricultural Department being excepted. The offices which have been transferred are as follows : the Bureau of Statistics ; Census and Immigration bureaus ; Bureau of Foreign Commerce of the State Department; the Bureau of Standards of Weights and Measures ; Bureau of Naviga- tion and the Shipping Commissioners ; the Steamboat In- spection Service ; Fish Commission ; Coast and Geodetic Survey, and Lighthouse Board. The Chief of the Bureau of Statistics. — The Chief of the Bureau of Statistics collects and publishes the annual statistics on commerce. These reports are of such a character that they are invaluable to the President in the preparation of his messages ; and they are used exten- sively by the heads of departments, members of Congress, and the public. Tariff laws, special legislation for particular industries, and all international trade treaties are also based on these compilations. The greatest demand is for the Annual Statistical Abstract, which pre- sents in a condensed form the history of the commerce of the United States for a number of preceding years. THE CABINET. 1 53 The Commissioner of Immigration. — The Commissioner of Immi- gration superintends the work done by the inspectors of immigrants. Every immigrant must undergo a rigid examination in order to ascertain whether he belongs to any of the prohibited classes. 1 Each immigrant must pay a tax of one dollar, which sum is used to pay the expenses of the bureau. The work of the Census Bureau was described on pages 55-56. The Superintendent of the Coast and Geodetic Survey. — This officer superintends the survey of the coasts and rivers of the United States. He has charge of the publication of charts and sailing direc- tions which are of inestimable value to mariners. The Lighthouse Board. — The Lighthouse Board has charge of the lighthouses, of which 1 199 had been established previous to the year 1899, besides the light vessels and beacons used for the protection of navigation. SUPPLEMENTARY QUESTIONS AND REFERENCES. 1. Does the President select the members of his Cabinet from among former members of Congress ? Would this be desirable ? 2. Have the members of the Cabinet ever been allowed to appear be- fore Congress in the interests of their own departments ? Would this be desirable ? Walker, The Making of the Nation, 92 ; Bryce, American Commonwealth, I, Chapter 9; Atl. Mo. 65 : 771-772. 3. Who are now the heads of the executive departments ? Were they prominent in National affairs before they were selected for these positions? 4. In 1901 a bill was introduced in the House of Representatives which provided for an increase of the annual salary of the Vice- President to $25,000, and that of each member of the Cabinet to $15,000. What reasons can you give for or against such a change ? 1 Three thousand two hundred and twenty-nine immigrants were debarred in 1897 out of 229,299 immigrants seeking admission to the United States. In 1899 there were 300,165 immigrants to the United States, and 3798 were refused admission. Of these there were 2599 paupers; 741 contract laborers; 348 diseased persons; 82 assisted immigrants; 19 insane persons; 8 convicts; and I idiot. 154 TH E NATIONAL GOVERNMENT. 5. What was the history of the State Department prior to 1789? Harrison, This Country of Ours, 182-187. 6. Give a list of the Presidents who have been Secretaries of State. How do you account for this policy in the first years of our government, and not at a later time ? Name some of the other prominent Secretaries of State. 7. Who are our ambassadors ? Can you give the name of any for- eign ambassadors in Washington? See Congressional Directory. 8. The methods by which our ministers are selected, take possession of their offices, and are presented at foreign courts, are described in Curtis, The United States and Foreign Powers, 15-21. 9. The Duties of Ministers. Curtis, The United States and Foreign Powers, 22-26. 10. Are our ambassadors given adequate salaries ? Curtis, The United States and Foreign Powers, 13, 14. 11. From a consular report learn what the duties of a consul are. Curtis, The United States and Foreign Powers, 30-33. 12. For an account of our consular service, a comparison with that of other nations, and a consideration of some of the weaknesses in our system, see Curtis, The United States and Foreign Powers, 28-30. 13. A Business Man and the Consular Service, Century Mag. 60 : 268- 271. 14. Abuses in our Consular System arising through Appointment, Atl. Mo. 85 : 455-466, and 669-683. 15. A Plea for Consular Inspection, Forum, 30 : 28-34. 16. What is the Great Seal of the United States, and what is its use? Harrison, This Country of Ours, 199-200. 17. What is the particular work of the Marine Department? of the Steamboat Inspection Service ? of the Marine Hospital ? Lyman J. Gage, Organization of the Treasury Department, Cosmopoli- tan, 25 : 355-365- 18. What is the work of the Bureau of Engraving and Printing? Spofford, The Government as a Great Publisher, Forum, 19: 338-349- 19. What is the extent of our merchant marine ? Should it be in- creased ? Statistical Abstract of the United States, 1900, 437- 450- THE CABINET. 1 55 20. From the Appendix to the last Finance Report get the chief points connected with the work of the following officials : Treasurer, Report, 1898, Appendix, 1-20; Chief of the Secret Service Divi- sion, 861-867. A good description of the Treasury Department is given in Scribner's Mag., 33: 400-411. 21. From the last report of the Bureau of Statistics find answers for the following : The expenditures of the government in the differ- ent departments; value of merchandise imported and exported; amounts of coin, wheat, cotton, wool, and iron produced, im- ported, and exported; the chief nationalities of immigrants, and comparison of the total number with previous years. 22. Are our coasts well defended? Harrison, This Country of Ours, 225. 23. Describe the work of the President, Secretary of War, Secretary of the Navy, and of the other Cabinet officers at the outbreak of war, Cosmop. 25 : 255-264. 24. For illustrated articles on Education at West Point and Annapolis, see Outlook, 59 : 839-849, 825-837. 25. Comparison of our Pension System with that of other Nations, Forum, 33 : 346-348. 26. Defects in our Pension System, Forum, 31 : 670-680. 27. Changing Character of the Immigration to the United States, Rev. of R's, 24 : 723, 724. 28. Why the Chinese should be excluded, Forum, 33 : 53-59. 2g. Why the Chinese should be admitted, Forum, 33: 50-68. 30. Influence of the Allotment of Land on the Indian, Forum, 34 : 466-480. 31. Results of the Work of Experiment Stations, Scribner's Mag., 31 : 643-660. 32. For accounts of the new Congressional Library, see Century Mag., 53: 682-694; 694-711; Atl. Mo., 85: 145-158; Cosmop., 23 : 10- 20. 33. What is the special value of the work of the Bureau of American Republics ? Forum, 30: 21-27. For other questions and references on the topics in this chapter con- sult Government in State and Nation, 299-302. CHAPTER XVI. THE NATIONAL JUDICIARY. Article III. Establishment of an Independent Tribunal. — Alexander Hamilton characterized the lack of a judiciary as the crowning defect of government under the Confederation. If we consider the nature of our present government, it is easily seen that some form of independent tri- bunal is necessary. We have a central government exercising complete control over National affairs and for- eign relations and, at the same time, the State governments with equally complete control over questions arising within their limits. If differences arise, then, as to the authority of National or State government over a given question, how are these disputes to be settled peaceably? After a brief discussion, the problem was answered in the Con- stitutional Convention by the formation of a federal judiciary. Organization of the Judiciary. — The organization of the judiciary is provided for as follows : Section I. The judi- cial power of the United States shall be vested in one Su- preme Coiirt, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, 156 THE NATIONAL JUDICIARY. 1 57 both of the Supreme and inferior courts, shall hold their offices during good behavior, and shall, at stated times, re- ceive for their services a compensation which shall not be diminished dtiring tlieir continuance in office. In 1789 Congress provided that the Supreme Court should consist of a Chief Justice and five Associates. Circuit and District Courts were also established. The Supreme Court at present consists of the Chief Justice and eight Associate Justices. It holds one session annually, at Washington, beginning on the second Monday in October and continuing until about May 1. District Courts. — The territory of the United States has been divided into judicial districts, none of them crossing State lines and each V having a District Court. New York and Texas have each four districts : Alabama, Indian Territory, Pennsylvania, and Tennessee three each ; Arkansas, California, Florida, Georgia, Illinois, Iowa, Kentucky, Louisiana, Mississippi, Michigan, Missouri, North Carolina, Ohio, Vir- ginia, Wisconsin, and West Virginia two each ; and the remaining States have each a single district.' New Mexico and Oklahoma constitute a dis- trict, and also Alaska, Arizona, and Hawaii. Generally there is a judge for each district, but a single judge is at times assigned to two districts. A District Attorney and Marshal are appointed by the President for each District Court. The United States District Attorney is required to prosecute all persons accused of the violation of Federal law and to appear as defendant in cases brought against the government of the United States in his district. The United States Marshals execute the warrants or other orders of the United States District and Circuit Courts and, in general, perform duties connected with the enforcement of the federal laws which resemble the duties of sheriffs under State laws. Circuit Courts. — Circuit Courts are next higher than the District Courts in the series of federal courts. The policy has been to have as many Circuit Courts as there are Justices of the Supreme Court. The areas of the circuits were determined by grouping several districts together ; thus, the seventh circuit includes the districts of Indiana, Northern and Southern Illinois, Eastern and Western Wisconsin. 158 THE NATIONAL GOVERNMENT. Circuit Courts may be held by a Judge of the Supreme Court assigned to that circuit, by a Circuit Judge, or by the District Judge of the dis- trict in which the court is held, or by any two of these or by all of them sitting together. The law requires that the Justice of the Supreme Court shall attend court in each district of his circuit at least once in two years. Each of the circuits, the first and the fourth being excepted, has now (1903) three Circuit Judges. The increase in the number of cases to be tried before the Circuit Courts made the appointment of additional Circuit Judges necessary, and by the law of 1891, also, nine Circuit Courts of Appeals were established, for each of which an additional Cir- cuit Judge was provided. The Circuit Courts of Appeals consist of three Judges each, any two constituting a quorum. The Judges eligible to sit in one of these courts are : the Supreme Court Judge assigned the Circuit, the Circuit Judges, and the District Judges of the Circuit. The Court of Claims was established in 1855 and consists of a Chief Justice and four Associates. It holds an annual session in Washington. Terms and Salaries of the Judges. — That the judiciary- should be independent of parties and of other influences cannot be questioned. Hence the wisdom of the provision that United States judges shall hold their offices during good behavior and shall receive a compensation for their services which shall not be diminished during their con- tinuance in office. Judges of the United States courts are appointed by the President with the consent of the Senate. By an act of Congress of 1903, the salary of the Chief Justice was fixed at $13,000 per annum ; that of Associate Justices, $12,000; Circuit Judges, $7500; and District Judges, $6000. Jurisdiction of the National Courts. — ■ We are next to consider the jurisdiction of the several courts that have been described. Section 2, Clause 1. The judicial power shall extend to all cases, in law and equity, arising tinder this Constitution, the laws of the United States, and treaties made, or which THE NATIONAL JUDICIARY. 1 59 shall be made, tmder their authority ; — to all cases affecting Ambassadors, other public ministers and Consuls ; — to all cases of admiralty and maritime jurisdiction ; — to contro- versies to ivhich the United States shall be a party ; — to controversies between ttvo or more States ; — between a State and citizens of another State ; — betzveen citizens of different States ; — between citizens of the same State claiming lands under grants of different States, and between a State, or the citizens thereof, and foreign states, citizens or subjects. A careful consideration of this clause shows the wide extent of the powers of the United States courts. It shows also the desirability of having all such cases under their juris- diction rather than under the authority of the State courts. Associate Justice Brewer wrote recently, with reference to the influence of the decisions of the Supreme Court on the history of the country : l " Its decisions have always been in harmony with and sustaining the proposition that this republic is a nation acting directly upon all its citizens, with the attributes and authority of a nation, and not a mere league or confederacy of States. The importance of this cannot be overestimated, and will be appreciated by all who compare the weakness of the old confederacy with the strength and vigor of the republic under the present Constitution." Suit against a State by a Citizen of Another State. — In the nota- ble case of Chisholm vs. Georgia in 1793, Chisholm, a citizen of North Carolina, began action against the State of Georgia in the Supreme Court of the United States. That court interpreted the clause as apply- ing to cases in which a State is defendant, as well as to those in which it is plaintiff. The decision was received with disfavor by the States, 1 " The Supreme Court of the United States," Scribner's Magazine, Vol. 33 : 275, 276. 160 THE NATIONAL GOVERNMENT. and Congress proposed the Xlth Amendment to the Constitution, which was ratified in 1 798 and is as follows : — The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States, by citizens of another State, or by citizens or subjects of any foreign state. Original and Appellate Jurisdiction. — Clause 2. In all cases affecting Ambassadors, other public ministers and Con- suls, 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. The Supreme Court has original jurisdiction in "all cases affecting Ambassadors, other public ministers, and Consuls, and those in which a State shall be a party." Original jurisdiction means that these cases may be begun in the Supreme Court. Other cases are brought to the Supreme Court from the inferior United States courts or from the supreme courts of the States and Territories by appeal. In such cases the Supreme Court is said to have appellate jurisdiction. Jurisdiction of the Inferior Courts. — It is difficult in brief space to define minutely the province of each court. The following accounts, therefore, give only a general description : — The Circuit Courts of Appeals are given final jurisdiction in certain cases appealed to them from the District and from the Circuit Courts, such as those arising under the patent, revenue, and criminal laws, as well as admiralty and other cases in which the opposing parties to a suit are an alien and a citizen, or are citizens of different States. The Supreme Court has thus been partially relieved from an overcrowded THE NATIONAL JUDICIARY. l6l docket. But jurisdiction in these cases may be assumed by the Supreme Court if it desires to do so. The Circuit Courts have jurisdiction of cases where the amount in- volved, exclusive of interest and costs, is at least $2000. Circuit Courts have original jurisdiction in patent and copyright cases, and in cases brought by the United States against National banks. They have exclusive jurisdiction in capital cases. " The jurisdiction of the District Courts embraces chiefly criminal cases, admiralty cases, bankruptcy proceedings, suits for penalties, and the like." The Court of Claims " shall hear and determine all claims founded upon any law of Congress, or upon any regulation of an executive de- partment, or upon any contract, express or implied, with the govern- ment of the United States, which may be suggested to it by a petition filed therein ; and also all claims which may be referred to said Court by either House of Congress. 1 ' 1 Trial by Jury. — The right of trial by jury in all criminal cases had been insisted upon by Englishmen for centuries prior to the formation of our Constitution. There were two branches to the system, the grand and the petit juries. Each performed the same duties as they do now. The Constitution provides in Section 2, Clause 1, that The trial of all crimes, except in cases of impeachment, shall be by jury, and such trial shall be held in the State where the said crime shall have been committed ; but when not committed within any State, the trial shall be at such place or places as the Congress may by law have directed. This clause was attacked by the opponents of the Con- stitution in the State conventions. It was believed that the Constitution did not furnish adequate safeguards against unjust prosecutions. Because of this agitation, Congress, in its first session, proposed Amendments V, VI, VII, and VIII, which were duly ratified by the several States. Amendment V. No person shall be held to answer for 1 10 Statutes at Larsre, 612. 162 THE NATIONAL GOVERNMENT. a capital, or otherwise infamous crime, unless on a present- ment or indictment of a grand jury, etc} Authorities have had difficulty in giving an exact defini- tion of an infamous crime. That given by Judge Cooley is the most satisfactory. He says: "But the punishment of the penitentiary must always be deemed infamous, and so must any punishment that involves the loss of civil or political privileges." The Grand Jury. — A grand jury consists of from twelve to twenty-three men. They sit in secret, and no accusation can be made by them without the concurrence of at least twelve. An indictment is a written accusation of an offense drawn up by a prosecuting officer on behalf of the govern- ment and laid before the grand jury. " A presentment is an accusation by a grand jury of an offense upon their own observation and knowledge, or upon evidence before them, and without any bill of indictment laid before them at the suit of government." 2 In the case of a presentment, the party accused cannot be held to trial until he has been indicted. After hearing the evidence, if the grand jury concludes that the accusation is not true, they write on the back of the bill, " Not a true bill " or " Not found." The accused, if held in custody, is then given his freedom, but he may be again indicted by another grand jury. If the grand jury decides that the accusation is true, they then write on the back of the bill, "A true bill" or "Found." The indicted person must be held to answer the charges made against him. 1 See Appendix A. 2 Story, "Commentaries on the Constitution," § 1784. THE NATIONAL JUDICIARY. 163 Rights of the Accused. — Amendment VI. In all crimi- nal prosecutions, the accused shall enjoy the right to a speedy arid public trial, by an impartial jury of the State and district wJierein the crime shall have been committed, etc. {see Ap- pendix A ). Amendment VII. In suits at common laiv, 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 reexa7nined in any court of the United States, than according to the rules of the common laiv. The accused must be given a public and speedy trial before an impartial jury, known as the petit jury, consist- ing of twelve men from the district wherein the crime was committed. The decision must be unanimous before a verdict can be rendered. The accused is given a copy of the indictment in which the nature of the accusation is clearly set forth and is granted time in which to prepare for his defense. Equally just and significant are the provisions that he shall be confronted by the witnesses against him, may compel the attendance of witnesses in his favor, and may employ counsel for his defense. In case he is not able to pay for his own counsel, the judge appoints one whose services are paid for out of the public treasury. If the verdict has been rendered by a jury and the judgment pronounced, the accused cannot be again brought to trial on the same charge. SUPPLEMENTARY QUESTIONS AND REFERENCES. 1. What are the names of the members of the Supreme Court at present ? Congressional Directory. 2. How large are the circuit and district in which your home is located ? Who are the judges ? Congressional Directory. 164 THE NATIONAL GOVERNMENT. 3. Under what conditions may a case be appealed from the Supreme Court of the State to the United States Supreme Court ? Bryce, American Commonwealth, I, 228-230 (232-234). 4. How is the fact that conflicts between the authority of the Federal and the State Courts do not arise, accounted for? Bryce, I, 234-235 (238). 5. Are the United States Courts influenced in their decisions by politics? Bryce, I, 259-261 (265-267). 6. Define treason and the punishment therefor. Constitution, Art. Ill, Sec. 3, Clauses 1 and 2. See Government in State and Nation, 312, 313. 7. Describe the influence of John Marshall as Chief Justice. (a.) John Marshall, American Statesmen Series, Chapters X and XI. (b.) Bryce, I, 261 (267). (C.) Lodge, "John Marshall, Statesman," N. Am. Rev., 172: 191-204. (d.) John Marshall, Atl. Mo., 87 : 328-341. 8. Show how the development of our Constitution by interpretation has been brought about. Bryce, I, 366-375 (376-385)- 9. What has been the influence of the Supreme Court in the history of our Nation ? Scribner's Mag., 33 : 273-284. CHAPTER XVII. TERRITORIES AND PUBLIC LANDS. The History of Territories. — The first Territories of the United States were formed in the region lying north of the Ohio River and east of the Mississippi River. Here several of the original States (viz., Massachusetts, Connecticut, New York, and Virginia) had had claims, which they ceded to the general government during the period of the Confederation. The Ordinance of 1787 was the instrument of government for the entire Northwest Territory until the adoption of the Constitution, when it was reenacted by the new Congress in 179 1. In the years that followed, special acts were passed for the government of the different Territories that were erected where now we find the States of Ohio, Indiana, Illinois, Michigan, and Wisconsin. In like manner, the region lying south of Kentucky was ceded to the United States by the Carolinas and Georgia, and was then formed into Territories and governed by Congress. Next, the Louisiana Purchase, Florida, the Mexican Cession, and the Oregon Territory came under the control of Congress ; a succession of Territories was thus created, the most of which have subsequently been ad- mitted into the Union as States. In the government of these Territories, Congress has acted in accordance with an important power granted to it by the Constitution 165 166 THE NATIONAL GOVERNMENT. Article IV, Section 3, Clause 3. The Congress shall have power to dispose of and make all needful rules and regula- tions respecting the territory or other property belonging to the United States. The Government of Organized Territories. — Territories may be classified as (1) organized and (2) unorganized. Of the former we have at present Porto Rico, Hawaii, New Mexico, Arizona, and Oklahoma. The governing authorities in each are : ( 1 ) a governor, appointed by the President, with the consent of the Senate ; (2) administrative officers — secretary, treasurer, auditor, attorney-general, adjutant-general, and superintendent of education, all appointed in the same way ; (3) a legislature consisting of two houses, the members of which are elected by popular vote ; (4) a system of courts in which the judges are appointed by the President and Senate. Relations between Territories and Congress. — A Territory is organized by an act of Congress which provides for these officers and prescribes their powers. The territorial legislature controls the internal affairs of the Territory ; but its acts may be modified or entirely annulled by Con- gress. The people of a Territory have no voice in National affairs, but they elect a delegate to Congress, who may debate but not vote. Porto Rico. — The government of Porto Rico is different at some points from that of the other organized Territories. The upper house of its legislature is the Executive Council and consists of the adminis- trative officers of the Territory (secretary, treasurer, auditor, commis- sioner of the interior, attorney-general, and commissioner of education) and five other persons appointed by the President. Five of the eleven members of this Council must be natives of Porto Rico. The House TERRITORIES AND PUBLIC LANDS. 167 of Delegates has thirty-five members, elected triennially by the voters. There is elected by the people a " resident commissioner " to the United States, who, unlike the delegates from other Territories, has no seat in Congress, but rather has official relations with the President. The Territory of Hawaii. — Hawaii was annexed to the United States in 1898, and its government was established by Congress in 1900. The administrative officers in this Territory are appointed by the governor, instead of by the President. Voters in Hawaii must be able to read and write either the English or Hawaiian language. Unorganized Territories. — Alaska and Indian Territory are called unorganized territories. The former has a governor, an attorney- general, and a surveyor-general, together with a judiciary consisting of three judges. There is no legislature ; Congress enacted, in 1900, a complete civil code for Alaska. Indian Territory was for many years divided into sections containing the governments of the " five civilized tribes." Each had an organized government, republican in form, under a written constitution. The legislatures, courts, and civil processes resembled very closely those of the State governments. These tribal governments have been superseded by National authority. A complete change is being brought about in the matter of landholding. Under the Indian governments the lands were owned in common, and none but Indians could reside there ; but white people came into the Territory and obtained leases and claims to land, until at the present time more than three-fourths of the 400,000 inhabitants are whites. Under a law of 1893, the Dawes Commission has been at work upon a plan for allotting the land of the Territory to the Indians. 1 When this has been done, the land will be owned " in severalty," as in other parts of the country. Our Government in the Philippine Islands. — The Philippines con- stitute the largest part of " our insular possessions," and are not classed as Territories. The word " colonies " better expresses their relations to the United States. They are completely subject to the control of Con- gress. During the war with Spain and after it, until the 57th Congress passed the Philippine Civil Government Law in 1902, these islands were under the military government of the United States. The President, as the head of our military system, had supreme authority over these 1 Of the 70,000 Indians but 12,000 or 15,000 are "full bloods." About 15,000 negroes, who were formerly slaves, will also receive shares of the land. 1 68 THE NATIONAL GOVERNMENT. possessions ; and he exercised his powers through the commanding general in the islands and through the Philippine Commission, a body of five men, of which Governor Taft was president. This commission was given authority to establish civil government in the pacified regions of the islands. In accordance with this policy, the government in the cities and in the less disturbed portions of the islands was in reality civil government, in which the people had some share, many months before Congress assumed responsibility by the passage of the Civil Government Law, in July, 1902. This law provides for the continuance of the Philippine Commission and the later establishment of a legislative body which is to consist of two houses. The upper branch of this Assembly will consist of members appointed by the United States government ; the members of the lower house will be elected by voters who have a certain amount of property and can speak English or Spanish. This Assembly will not be established, however, until two years after a census, which this law provides for, has been taken. The upper house of this future Philip- pine legislature will have greater powers than the lower branch ; and, of course, all acts of the assembly will be subject to veto by the American government. Besides numerous other small islands the United States possesses Tutuila in the Samoan group, Guam, and Wake Island. These are governed directly by the naval authorities of the government. Political Relations with Cuba. — Cuba was under the control of our military authority between the time when our troops occupied the island, during the Spanish-American War, and the announcement of its inde- pendence in May, 1902. Although Cuba is now an independent repub- lic, it is considered as a "•protectorate" of the United States, and is subject to the influence of this Nation in its dealings with other nations. The Admission of Territories to Statehood. — We have so far considered the Territories as in a condition of greater or less dependence upon the National government. It has always been the policy of the United States to consider statehood as the ultimate destiny of its Territories. 1 That the power to admit States into the Union belongs exclu- 1 Now that we have possessions containing peoples of other races, the ques- tion arises, shall Porto Rico, Hawaii, and the Philippines ultimately become States? TERRITORIES AND PUBLIC LANDS. 169 sively to Congress is evident from the language of the Constitution. Article IV, Section 3, Clause 1 New States may be ad- mitted 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 Con- gress. Territories first apply for admission to the Union, and then either of two processes may follow: (1) Congress passes an enabling act authorizing the Territory to frame a constitution, which is submitted to Congress for approval. ^ (2) Frequently, the Territory frames its constitution with- out waiting for the enabling act ; with this in its hand the Territory then applies to Congress for admission. In either case, before giving its approval to the admission of a State, Congress must see that the constitution submitted contains nothing that is inconsistent with a republican form of gov- ernment. Our Public Land Policy. — In the Territories which lay between the Alleghany Mountains and the Mississippi River, and in all the acquisitions that have since been made, the unoccupied * lands became the property of the United States. So the National government became the possessor of many millions of acres of land, and it still holds immense tracts in the Western States and in its dis- 1 Exceptions to this statement must be made to cover certain lands reserved by some of the original States that ceded their claims to the United States; as, for instance, the Western Reserve in Ohio retained by Connecticut, and other lands in the same State retained by Virginia. 170 THE NATIONAL GOVERNMENT. tant possessions. Upon the admission of a Territory as a State, the ownership of its public lands does not pass to the new State, but remains with the National government. The latter has followed a most liberal policy in dealing with its lands, (i) It has granted great amounts to the States. The school lands (see p. 240) which are the basis of the common school funds in the Western States were acquired in this way. (2) Many thousands of square miles have been granted to railroad companies as aid in the construction of their lines. These lands are still being purchased at low rates by settlers in the West. (3) Under various laws, settlers acquire farms from the government almost free of cost. 1 (4) Millions of acres are still held by the government, subject to sale at low prices. At present the larger part of the public lands of the United States are arid ; that is, they cannot be cultivated without irrigation. By a law of 1902, the proceeds re- ceived from the sale of public lands in certain Western States and Territories will be expended by the National government in the construction of irrigation works. This law is destined to have a great influence upon the future of our Western States. The National System of Survey. — In the thirteen original States there was no uniform system of land survey, but each tract of land was surveyed as necessity required, generally after settlement had been made upon it. The tracts were of very irregular shapes. The boundary lines, usually starting from some natural object, were measured 1 See the provisions of the homestead law, " Government in State and Nation," p. 333. TERRITORIES AND PUBLIC LANDS. 171 by rods or chains, running in certain directions as ascer- tained by the use of the compass. This method of survey is still in use in the Eastern States. According to a law of 1785, a uniform system of "rectangular survey" was ap- plied to all lands belonging to the United States. This survey has preceded settlers, and has to some extent in- fluenced the method of settlement and the nature of local \t ^ \ 4M 1 t 1 IS ~^5?"~ ^j BaseL. \ / J o O o o u O ° rs «-, K o O TO O re O a p 03 ro ^ 4) h o o >> ft) £ d a (-] d .> r-i > § K W H H O O H O fc H E .s .2 .5 ON g a d d o o o 3 ft) ffl § re s d re 51 a >^ >, >, 1 . i— > +^ 1 — . re rt rt re re 05 03 03 s s § s s £ g 8"S S Q ^ £ d u o 0) § Q ^2 i 03 Q ^ p^ >? Q ft) s-. 3 § 3 ^ ^ -r TO aj 3 Is Sh d 13 „, H X 03 G r^ d 3 £1 a a j> u w £ ^ ^ ^ rn H JJ ^ £ d a a a a 43 T3 >*-i bJO bX) H >- xJ w s o OS ^3 CJ 03 1-1 g o "re "re 03 en 2 >^ S-. u u u u > H § £ s § § (U 0) Q a a 1 H H d s "0 c/5 03 3 2 ^ bo b a a^ O re >- *0 O) 03 t3 -5 1 | 03 3 re a S S < U < < PQ PQ U ro u-i ON m r^ m in 2 t^. THE CITY OF BOSTON. 53 o o o o o o o o O O o q o G G q LO o G o O o o £ •>£ Ln CO VO ur> ■* ^ 2 ro ^ CO (5 5? 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JUDICIAL DEPARTMENT. Municipal Court of Boston : — Chief Justice. Two Special Justices. Seven Associate Justices. Two Clerks. District Municipal Courts, having one Justice and two Special Jus- tices and a Clerk in each of the following : — Brighton District. Roxbury District. Charlestown District. South Boston District. Dorchester District. West Roxbury District. East Boston District. All justices and clerks are appointed by the Governor. TOPICAL OUTLINE OF CHAPTER. The City of Boston. I. The town of Boston in 1822. 1. Inadequacy of town government. 2. Reluctance of voters to adopt city government. II. The first charter. III. Revision of charter in 1854. IV. The present government of Boston. V. Table enumerating the chief legislative, executive, and adminis- trative offices, and showing how they were created ; also showing how the officers are elected, and giving the length of their terms o'r office and their salaries. VI. Judicial department. 1. Municipal courts, — central and district. CHAPTER IX. COUNTIES. The County Chiefly a Judicial Subdivision. — We have seen how the early colonists brought with them the idea of the county as they had known it in England; and how, for the better administration of justice, counties began to be formed very soon after the colonies were planted. While the town grew to be the chief legislative and execu- tive unit in New England, the larger area of the county was adopted as the most convenient judicial unit. There- fore the legislative powers of the county are, as we should expect to find them, very limited. Even in the six New England States, there exists considerable difference in the machinery and functions of county government. But we may define the county in a general way as a group of adjacent towns organized and incorporated for convenience in the administration of justice, and for attending to a few other matters, pertaining chiefly to highways, bridges, etc. In Rhode Island, the county seems to be simply a judicial area for holding courts and for electing a sheriff and the clerks of courts. In Vermont, the county court has especial powers in regard to highways. In Connecticut, the county is more important, but its financial adminis- tration is largely in the hands of a joint assembly of the State senators and representatives of the county, who make appropriations for county expenses and apportion the county taxes upon the towns. Maine and Massachusetts have more highly developed county governments, but even in these States the county has practically no legislative department ; hence its officers are either executive or judicial, and act under the laws of the State. 60 COUNTIES. 6 1 County Buildings. — Each county provides its own county buildings. 1 These consist of the jail, the court house for the county courts, the registries for the record- ing and the preservation of deeds, mortgages, wills, and court records. The town or city in which these buildings are located is called the shire town; some counties have two shire towns. County Commissioners. — The administrative body of the county is a board of commissioners, 2 usually three 3 in number, elected by the voters- 4 of the county for three or six years, one retiring every year or every two years. The commissioners have charge of the county buildings in most States. In Maine and Massachusetts, they decide upon appropriations of money for the various county ex- penses, and apportion the county tax among the towns. 5 They have power to lay out, alter, or discontinue highways. Treasurer. — Each county elects a treasurer, 6 who, be- sides receiving and paying out the county's money, has 1 Boston provides the county buildings for Suffolk County. 2 There are no commissioners in Rhode Island counties. In Massachusetts the mayor and aldermen of Boston and the selectmen of Nantucket perform the office of commissioners in their respective counties. There are also in Massachusetts two special commissioners in each county appointed for three years. 3 In Vermont there is but one commissioner, whose duties pertain chiefly to the sale of intoxicating liquors; he appoints agents in the towns to sell liquors for medicinal and chemical purposes. * In Connecticut they are appointed by the General Assembly for four years. 5 For the exercise of this function in Connecticut counties, see p. 6o, note. In New Hampshire the " County Convention," composed of representatives from the towns, levies the county taxes, and has general authority over the commissioners. 6 The city treasurer of Boston and the town treasurer of Nantucket act as treasurers in their respective counties. 62 THE GOVERNMENT OF THE NEW ENGLAND STATES. charge of the standard weights and measures which the State furnishes to the county. Register of Deeds. 1 — Each county elects one or more registers of deeds who have their offices in the registries located in the shire towns. It is their duty to record all deeds and mortgages brought to them, so that the legal title to any real estate in the county may be ascertained at any time by anybody. Register of Probate. 1 — This officer is elected by the county, and has charge of the records, books, and papers of the probate court. Sheriff. — The office of sheriff is one of the oldest civil offices of which we have knowledge, and in some respects it is one of the most important. Sheriffs are elected by the voters of the counties for terms of from two to four years. 2 The sheriff's duties include both civil and criminal busi- ness. 3 It is his duty : — i. To preserve peace in his county. 2. To apprehend murderers and other criminals, to have the care of them, and to produce them in court at the proper time. 3. To summon juries and witnesses. 4. To have charge of prisoners, juries, and witnesses during sessions of the courts. 5. To execute the sentences of the courts. 1 The register of deeds and the register of probate are county officers in Maine, New Hampshire, and Massachusetts. In other New England States their functions are performed by town or district officers. 2 In Connecticut, four years; in Massachusetts and New Hampshire, three years ; in Maine and Vermont, two years. 3 In Maine, he has especial charge of the enforcement of the liquor law. COUNTIES. 63 6. To serve, either in person or through his deputies, the writs and processes of the courts. The sheriff appoints his deputies, one of whom is the keeper of the jail. County Clerk. — The county clerk is usually the clerk of the supreme judicial court during its sittings in the county, and of the superior court. 1 In Massachusetts he also acts as clerk for the county commissioners. Other Officers found in some of the States are coroners, medical examiners, county attorneys or State's attorneys, prosecuting agents, and health officers. Vermont counties have a high bailiff, who performs the duties of the sheriff, V if for any cause the sheriff becomes disqualified. Summary of County Officers. Commissioners (usually three), Register of deeds, 2 Treasurer, Register of probate, 2 Clerk of Courts, Coroner, Sheriff, Medical examiners, County attorney. TOPICAL OUTLINE OF CHAPTER. Counties. I. The county a judicial subdivision with minor administrative powers. II. County buildings and shire towns. III. County officers and their duties. 1. Summary of county officers. 1 In Vermont, for the court of chancery also. 2 In Rhode Island, Connecticut, and Vermont these are town or district officers. CHAPTER X. THE TRANSITION OF NEW ENGLAND COLONIES INTO STATES. A Brief Survey of New England Colonial Governments in 1774. — As we traced the growth of town and county gov- ernments in the colonies before we proceeded to study these institutions as they now exist, so let us glance briefly at the development of the New England States from colo- nies before we proceed to study their present governments. Just previous to the beginning of the Revolutionary War (1774), Massachusetts, Rhode Island, and Connecticut had charter governments. Their charters were really written constitutions which the English sovereign was bound to respect. In the government of each colony, the people were represented by an assembly chosen by them, and their representatives chose the governor's council. Rhode Island and Connecticut chose their own governors and may be said to have had a truly republican form of govern- ment. In Massachusetts, the governor was appointed by the king of England, and popular government was in other ways restricted. New Hampshire was a royal province. The people of Vermont, then known as " the New Hamp- shire grants," "were nominally under the jurisdiction of New York, but practically independent, obeying only the orders of their committees and of their cherished town meetings." 1 1 Landon, " History and Civil Government of Vermont." 64 THE TRANSITION OF COLONIES INTO STATES. 65 Maine was then a part of Massachusetts, from which it was not separated until 1820. We may very briefly outline the governments of these colonies at that time as follows : — CHARTER GOVERNMENTS. Rhode Island, Connecticut, Massachusetts (including Maine). Legislative department : The governor's council, or upper house, chosen by the legislature. House of deputies, or lower house, chosen by colonists. Veto by governor. Executive depa?'tment : Governor, chosen by colonists in Rhode Island and Connecticut ; appointed by the crown for Massachusetts. Judicial department : Judges, chosen by colonists in Rhode Island and Connecticut ; appointed by governor with consent of the council in Massachusetts. 1 ROYAL GOVERNMENT. New Hampshire. Legislative department: Council appointed by crown or governor. House of deputies chosen by colonists. Veto by governor and by crown. Executive department : Governor appointed by the crown. Judicial department : Judges appointed by crown or governor. Massachusetts. — Massachusetts may well be called the mother of the New England States. Her constitution, drafted by John Adams, was the model for New Hamp- shire, and in later years left its imprint upon the constitu- tions of Connecticut, Maine, and Rhode Island. In the quarrel of the colonies with the mother country Massachusetts had been among the first to show the spirit of independence, and hence was the first to feel the dis- pleasure of the British crown. The regulating act passed by the British Parliament in 1774 practically suspended popular government in Massa- 66 THE GOVERNMENT OF THE NEW ENGLAND STATES. chusetts. By this act the appointment of councilors was given to the king, and the appointment of all judicial officers to the governor, who since 1692 had been appointed by the king. Another act provided for transporting per- sons to England for trial. The colonists were forbidden to hold town meetings without the permission of the gov- ernor. The Massachusetts colonists emphatically denied the right of Parliament to annul their charter or to change their representative form of government. In October, 1774, Governor Gage called upon the towns for an election of deputies to the general court, but he dissolved the court before the time of meeting. The deputies, however, met at Salem, organized into a provin- cial congress, and chose John Hancock president. This body discussed the affairs of the province, and appointed an executive committee, " The Committee of Safety." On June 9, 1775, the Massachusetts colony, by advice of the Continental Congress, chose a council to govern them, " until a governor of his Majesty's appointment will consent to govern the colony according to the charter." This council administered the affairs of the colony until 1780. In this year a convention of delegates, chosen by the people, prepared a constitution. This was ratified by a vote of the people, and the State government of Massa- chusetts was organized in October, 1780, with John Hancock as first constitutional governor. Under this con- stitution, with its thirty-six amendments, made from time to time, Massachusetts is still governed. New Hampshire. — The New Hampshire colony had no charter. Therefore, upon the withdrawal of its governor, THE TRANSITION OF COLONIES INTO STATES. 67 John Wentworth, the colony, acting on the advice of the Continental Congress, chose a representative body to draw- up a temporary constitution (January 5, 1776). This was the first frame of State government adopted by any of the thirteen original States. The permanent constitution under which, with its amendments, New Hampshire is still governed, was not adopted till 1783, three years after Massachusetts had adopted her constitu- tion. This constitution was very closely modeled after that of Massachusetts ; many of its provisions were copied almost word for word from John Adams's masterly work. Rhode Island. — The charter of Rhode Island (grantecL by Charles II in 1663) was so satisfactory to her people, that in May, 1776, her legislature simply passed an act renouncing allegiance to the British crown ; and Rhode Island continued to be governed under this instrument till the adoption of a constitution in November, 1842. Thus this charter existed as the chief law of Rhode Island for 179 years. Connecticut. — The charter of Connecticut, like that of Rhode Island, was so satisfactory to her people that, after the outbreak of the Revolutionary War, the general assembly passed the following statute : — " Be it enacted by the governor and council and house of represen- tatives, in general court assembled, that the ancient form of civil gov- ernment contained in the charter from Charles II, King of England, and adopted by the people of this state, shall be and remain the civil con- stitution of this state, under the sole authority of the people thereof, independent of any king or prince whatever ; and that this republic is, and shall forever remain, a free, sovereign, and independent state, by the name of Connecticut." 68 THE GOVERNMENT OF THE NEW ENGLAND STATES. Vermont. — In 1777, a series of conventions met, and the last one, July 2, at Windsor, framed a constitution, and appointed a "Council of Safety." This constitution went into effect March 12, 1778; and the government was organized with Thomas Chittenden as first governor. From 1777 to 1791, Vermont existed as an independent State. It coined money, made commercial treaties with Canada, established post offices and mail routes, and was in every way a sovereign State. Vermont petitioned Con- gress many times for admission to the Union, under the Articles of Confederation, but owing to various jealousies was not admitted till 1 791, when it became the fourteenth State, the first admitted after the adoption of the Federal Constitution. Maine. — Since Maine was a part of Massachusetts, her colonial history has been already touched upon. When, in 1780, Massachusetts began her statehood under a con- stitution, she gave the " District of Maine " privilege to send four senators to the general court, and allotted to it one-tenth of her revolutionary debt. As early as 1786, the people of the District of Maine began to agitate the question of separation from Massa- chusetts ; but it was not until 18 19 that, upon the petition of many towns of the district, the general court granted separation. A convention was held and a constitution drawn up, and, in 1820, Maine was admitted one of the States of the Union. Written Constitutions the Safeguard of Civil Liberty. — In this brief review of the growth of New England colo- nial governments into State governments, we see that the THE TRANSITION OF COLONIES INTO STATES. 69 same ideas of civil liberty and self-government were opera- tive in all. But the people were cautious, and thought that their officers, the agents of the people, no less than those of the British crown, should be restrained by safe- guards. Therefore they adopted written constitutions. TOPICAL OUTLINE OF CHAPTER. Transition of New England Colonies into States. I. New England colonial governments at the beginning of the Revolution. 1. Massachusetts, Rhode Island, and Connecticut under charter governments. 2. New Hampshire under royal government. II. Massachusetts the first to feel the displeasure of the British^ crown. 1. Her loss of popular government under the Regulating Act. 2. Meeting of the Provincial Congress at Salem. (a) The Committee of Safety. 3. Government under the Council of 1775. 4. Adopts her constitution in 1780. III. The temporary constitution of New Hampshire (1776). 1. Her permanent constitution, modeled after that of Massachu- setts, adopted in 1783. IV. Rhode Island governed under her original charter until the adoption of her present charter in 1842. V. Connecticut governed under her original charter until the adoption of her present charter in 1818. VI. Vermont. 1. Constitutional conventions of 1777. 2. Present constitution in effect in 1778. 3. Existed as an independent State till admission to the Union 0790- VII. Maine. 1. A district of Massachusetts till 18 19, when separation was granted, and her constitution adopted. 2. Admitted to the Union in 1820. VIII. Why the colonists thought written constitutions necessary. CHAPTER XI. PRESENT STATE GOVERNMENTS IN NEW ENGLAND. State Constitutions. What a Constitution is. — At the close of the foregoing chapter, we saw how the colonists, just freeing themselves from England's arbitrary rule, thought of the constitution chiefly as a safeguard against their governing authorities. And as a brief definition, we may say that a constitution is the law by which the State controls the government, or, in other words, the law by which the people control their officers. But it is something more than that. The constitution is the fundamental law by which the State controls both its government and its members. It pro- tects the citizen from injustice both at the hands of the officers of the people and at the hands of the people themselves. The constitutions of the New England States, like those of all the older States, left to the control of their legis- latures many things which now, as the more recent con- stitutions of the Southern and Western States show, are being put into State constitutions. Among these matters are, for example, the control of municipal and other cor- porations, of public debt, of public land, of town and county organization. New England State constitutions 70 PRESENT STATE GOVERNMENTS. 7 1 are therefore much briefer than many of the newer con- stitutions. General Features of State Constitutions. — The constitu- tions of the New England States differ somewhat in length, and in the amount of specific detail given in each. But we may classify their contents under four heads : (i) the preamble, (2) the bill of rights, (3) the frame of govern- ment, (4) miscellaneous provisions. 1. The preamble states : — (a) The object of government, — to secure the wel- fare of the people. (b) The source of government, — the will of the people. 2. The bill of rights, based upon the Magna Charta, declares equality of rights, and enumerates those rights of the people that the government is bound to respect. Some of these are : — (a) The right of self-government. (b) The accountability of officers to the people. {c) The right of personal protection. (d) Freedom from taxation without consent of people. (e) The right to free, complete, and prompt justice. (f) The right to security from unreasonable search and seizure of person and papers. (g) Freedom from excessive bail and excessive punishments. (h) The right to trial by jury. (i) Freedom of speech. (J) The right of people to assemble and to petition the legislature. 72 THE GOVERNMENT OF THE NEW ENGLAND STATES. 3. The frame of government enumerates the three de- partments of government, — legislative, executive, and judicial, states how they shall be constituted, and mentions in detail their functions. 4. Miscellaneous provisions provide for the control of a variety of matters, such as the qualification of voters, education, impeachment, and the militia; they con- tain a definition of treason ; they give the form of the oaths of office, and fix the style of enactment, i.e., the formal words with which every law shall begin ; and, finally, they provide a method of amending the constitution itself. It is particularly this part of the more recent constitu- tions mentioned above that has been so greatly enlarged. Constitutional Amendment. — One of the miscellaneous provisions mentioned — that which provides for amending the constitution — deserves especial attention. There are two chief steps in the process of amending a constitution: (1) The proposal, setting forth the exact words of the proposed amendment ; (2) the ratification. The first step is generally taken by the legislature. New Hampshire's legislature, however, cannot propose amendments ; the constitution provides that every seven years the selectmen of the towns shall put into the warrant an article calling for a vote upon the question whether or not there is need of a revision of the constitution. If the majority of those voting favor a revision, the General Court must call a convention to revise the constitution. In Massachusetts a proposal to amend the constitution must pass two consecutive legislatures (by a majority of all the senators, and by two-thirds of all the representatives present and voting) before it can be submitted to the people. In Connecticut the proposal to amend the constitution must come from the house of representatives, be continued to the next General PRESENT STATE GOVERNMENTS. 73 Assembly, and then pass both branches by a two-thirds majority, before it is submitted to the voters at large. Much the same method is followed in Vermont, except that the proposal must originate in the senate. The ratification is by popular vote. A simple majority ratifies in all the States except Rhode Island ; there a three-fifths majority is necessary. Every pupil should study the constitution of his own State and compare it with these general features, and also with the detailed description of the frame of government, its functions, its officers, and their duties, as described in the three following chapters. An outline for the guidance of such study is given at the end of Chapter XIV. See also Appendix C. TOPICAL OUTLINE OF CHAPTER. Present State Government in New England. State Constitutions. I. Definition of a constitution. The older constitutions compared with more recent ones. II. Classification of the contents of constitutions, i. The preamble. 2. The bill of rights. 3. The frame of government. 4. Miscellaneous provisions. III. Amendment of constitutions. 1 . The proposal generally by the legislature. 2. The ratification generally by popular vote. CHAPTER XII. PRESENT STATE GOVERNMENTS IN NEW ENGLAND (Continued). The Legislative Department. The law-making body of the State is a legislature 1 com- posed of a senate and a house of representatives. Its powers are, stated in a general way : — 1. To enact laws. 2. To constitute courts of justice. 3. To levy taxes. 4. To control expenditures of the State. 5. To provide for the election or appointment of officers whose election is not provided for in the constitu- tion ; and to prescribe their duties. The Senate. — The senate has fewer members than the house of representatives ; the number ranges from twenty- four in New Hampshire to forty in Massachusetts. 2 Qualifications of Senators. — Various qualifications are demanded of members of the upper branch in the different New England States. In Massachusetts, the senator must have been an inhabitant of the commonwealth for five years immediately preceding his election. 1 Called General Court in Massachusetts and New Hampshire, and General Assembly in Vermont, Rhode Island, and Connecticut. 2 See Appendix B for full table of comparison. 74 PRESENT STATE GOVERNMENTS. 75 Besides requiring one year's residence in the State, and three months' residence in the district, Maine requires her senators to be at least twenty-five years old. Vermont and New Hampshire set the age at thirty years, and New Hampshire demands also a residence of seven years immediately preceding election. Senatorial Districts. — Members of both houses are chosen by popular vote, but there is great variety in the methods of determining the territory that each member shall represent. In Massachusetts, the general court at its first session after the taking of the State census (which occurs at intervals of ten years after 1865) divides the State into forty districts of contiguous territory so that they shall contain as nearly as possible an equal number of voters ; but, however, no town or ward of a city is to be v divided, nor are parts of two counties to be brought into one district where it can be avoided. Each district elects one senator. The method of making senatorial districts in Connecticut is much the same, except that the general assembly redistricts the State at the first session after the United States Census is taken (1890, 1900, 1910, etc.) and that the districts are made as nearly equal as possible in number of inhabitants, not voters ; there is also the further provision that each county shall have at least one senator. The thirty senators of Vermont are apportioned to counties, from one to four each, according to population ; but every county must have at least one, as in Connecticut. The senate of Rhode Island consists of the governor and the lieuten- ant governor, ex-officio, and thirty-eight members, one from each town and city, regardless of size. Thus, in 1903, we find Providence with its 175,000 inhabitants and as many millions of property represented by one senator, as was the little town of Exeter with its 841 inhabitants and its valuation of but half a million. New Hampshire presents another extreme of disproportionate repre- sentation in her senate by making pj-operty the basis of representation. A clause in her constitution says that " the legislature shall, from time PRESENT STATE GOVERNMENTS. JJ to time, divide the state into twenty-four districts as nearly equal as may be without dividing towns and unincorporated places ; and in mak- ing this division, they shall govern themselves by the proportion of direct taxes paid by the said districts." So that in 1895 we find that district No. 1, in the northern part of the State, casting 5072 votes for senator, was represented by one man, as was district No. 16, compris- ing two wards of Manchester, in which 1445 votes were cast for senator. Maine divides her territory into districts, and redistricts every ten years from the time of her admission to the Union, 1820, making the apportionment according to number of inhabitants. Thus we find that members are elected to the senates of the New England States upon the following : — BASES OF REPRESENTATION. In Rhode Island, Towns (regardless of size) ; I Senatorial districts, size of which is determined In Massachusetts, { , , , . by number ot voters ; In Maine, Vermont, f Senatorial districts, size of which is determined' and Connecticut, by number of inhabitants; ^ T , . f Senatorial districts, size of which is determined New Hampshire, \ , . by amount of taxable property. Quorum. — A quorum for doing business in either house consists of a majority of the members 1 ; but a less number may organize temporarily, adjourn from day to day, and compel attendance of absent members in such manner and under such penalties as each house may prescribe, or by law. The House of Representatives. — The lower branch of the legislative body in the New England States is called the house of representatives. It is the branch of the law- 1 In New Hampshire, "when less than sixteen senators shall be present, the assent of ten, at least, shall be necessary to render their acts and proceed- ings valid" ; and in Vermont, for raising a State tax, two-thirds of the members must be present to constitute a quorum. ;S THE GOVERNMENT OF THE NEW ENGLAND STATES. making body that most perfectly represents the people in every section of the State ; and, therefore, the number of its members is much greater than that of the senate. The number of members in the legislatures of the New England States, however, varies from 393 in New Hampshire (the largest house of rep- resentatives in any State in the Union), to 72 * in Rhode Island. Qualifications of Representatives. — In all the States candidates for representatives must, of course, be voters. Massachusetts requires that at the time of a man's election he shall have resided at least one year in the district for which he stands. Maine varies the requirement, demand- ing residence in the State one year, and in the town or district for which he stands three months, at the time of election. Vermont says that in order to be qualified to serve as a representative, a man must have resided in the State at least two years, during the last of which he must have resided in the town for which he is to be elected. Representative Districts. — In Massachusetts, the legis- lature, at its first session after the State census, apportions the representatives to the counties according to the num- ber of voters in each. Then the county commissioners, or a board chosen especially for the purpose, divide the county into districts without dividing any town or ward of a city. These districts elect from one to three representa- tives each, according to the number of voters they contain. In Maine, the representatives are apportioned among towns, planta- tion, and cities, according to population. Each town of 1500 inhabitants is entitled to one representative, a town of 3750 may have two, and so 1 Massachusetts has 240 representatives, Connecticut 255, Vermont 242, and Maine 15 1. 80 THE GOVERNMENT OF THE NEW ENGLAND STATES. on up to places having 26,250 inhabitants, which may choose seven. Towns and organized plantations with fewer than 1500 inhabitants are grouped in districts having approximately this number. In Rhode Island the 72 representatives are apportioned upon the basis of population, " but each town or city shall always be entitled to at least one member ; and no town or city shall have more than one-sixth of the whole number of members to which the house is . . . limited." In Vermont each town or city sends one representative to the house, thus giving the smallest town power in that body equal to that of the largest city. The apportionment of representatives in Connecticut, as settled by the amendment of the State constitution in 1874, allows each town that in 1874 sent two representatives to the legislature to continue to do so; and each town that has a population of 5000 or more may send two rep- resentatives ; but towns of less than 5000 inhabitants — unless they had two representatives in 1874 — may send but one member. The popu- lation of towns and cities is determined by the United States Census next preceding the election of representatives. Thus, in Connecticut, the little town of Union, which in 1900 had a population of 428, has as much power to tax New Haven, with its 108,027 inhabitants and its great wealth, as New Haven itself has. New Hampshire presents some unique features in her apportionment of representatives. "Every town or place entitled to town privileges, and wards of cities having 600 inhabitants by the last general census of the State, taken by the authority of the United States or of this State, may elect one representative; if 1800 such inhabitants, may elect two representatives ; and so proceeding in that proportion, making 1200 such inhabitants mean increasing number for any additional representative." And " whenever any town, place, or city ward shall have less than 600 such inhabitants, the general court shall authorize such town, place, or ward to elect and send to the general court a representative such pro- portionate part of the time as the number of its inhabitants shall bear to 600." Privileges Common to Both Houses. — Each house is the judge of the election and qualification of its members. The members are privileged from arrest, except for trea- son, felony, or breach of the peace, during attendance upon sessions, or while going to or coming from them; PRESENT STATE GOVERNMENTS. 8 1 and for any speech in debate in either house no member may be called to account in any other place. Each house chooses its own officers and makes its own rules of proceeding ; it may punish non-members for con- tempt, and, in most States, punish its own members for disorderly conduct ; it may, by a two-thirds majority vote, expel a member. Peculiar Privileges. — The house of representatives 1 has sole power : — (a) To order impeachments. (b) To originate money bills. The senate : — V (a) Forms the court to try impeachments made by the house. (b) Has more or less power in appointing, and in con- firming the governor's appointments. Sessions and Elections. — Annual sessions are held in Massachusetts and Rhode Island, biennial sessions in the other States. Elections of State legislatures and of State officers are held in the autumn, — annually in Massachu- setts and Rhode Island, and biennially in the other States, — but the legislatures do not convene till the first week of the January following. 2 Organization. — The ceremonies of organization vary somewhat in the different States, but in all of them the 1 In Vermont, the senate alone can propose amendments to the constitu- tion; in Connecticut, this right is vested in the house of representatives. 2 Vermont State election occurs in September, and its assembly meets on the first Wednesday of the following October. G 82 THE GOVERNMENT OF THE NEW ENGLAND STATES. members of the houses take oath (or make affirmation) of allegiance : — i. To the Constitution of the United States. 2. To the constitution of the State. 3. To perform faithfully the duties of their offices. Legislative Committees. — In our study of city councils we found that standing committees were employed as a means of facilitating legislation. In State legislatures standing committees are used to a still greater extent. At the beginning of each legislative session there are appointed certain standing committees of the house and of the sen- ate, and certain joint standing committees composed of members of both houses. Through these committees most of the legislative business is done. These committees are appointed by the speaker of the house, and either by the president of the senate, or are elected by the senate itself. There are committees on towns, banks, railroads, education, agriculture, fisheries, game, and many other subjects. Sometimes special com- mittees are appointed to consider and report upon matters of temporary interest. The chairmen of joint standing committees are always sen- ators ; but there is a house chairman also, who presides in the chair- man's absence. These committees vary in size from three to twenty members. How the Laws are made. — A measure that is proposed to the legislature is called a bill until it is made a law. All the New England States except Rhode Island require three steps for a bill to become a law : — 1. It must receive a majority vote in the house. 2. It must receive a majority vote in the senate. 3. It must be approved by the governor. 1 1 In Rhode Island the governor has no veto power. PRESENT STATE GOVERNMENTS. 83 APPROPRIATION BILL. [Jan. 1905. HOUSE No. 55. Commonfoeaiti) of Jftassacfjusetts. In the Year One Thousand Nine Hundred and Five. AN ACT Making an Appropriation for the Removal of Wrecks from Tide Waters. Be it enacted by the Senate and House of Repre- sentatives in General Court assembled, and by the authority of the same, as follows : — ■ 1 Section i. The sum of fifteen hundred dol- 2 lars is hereby appropriated, to be paid out of the 3 treasury of the Commonwealth, from the ordinary 4 revenue, for the removal of wrecks and other 5 obstructions from the tide waters, as provided for 6 by section twenty-two of chapter ninety-seven of 7 the Revised Laws, during the year ending on the 8 thirty-first day of December, nineteen hundred 9 and five. (Appropriation 1904, $1,500.) i Section 2. This act shall take effect upon its 2 passage. A Bill from the Massachusetts House of Representatives. 84 THE GOVERNMENT OF THE NEW ENGLAND STATES. The Process of Law-making. — There is considerable variation in the methods of law-making in the several New England States ; but the following outline of procedure, fol- lowed by the Massachusetts general court, will give a fairly- good idea of the procedure in all the States. Introduction of Bills. — Bills may be introduced into the legislature in three ways : — i. The governor in his message may recommend certain legislation ; these recommendations are referred to proper committees, which may report bills thereon. 2. A member of either house may present a bill " upon leave," that is, upon the consent of the house of which he is a member. 3. Legislative business may be introduced by petition from citizens. Petitions are usually accompanied by a bill covering the legislation sought, and are presented through some member of the legislature. Bills referred to Committees. — Bills introduced in any of the above ways are at once referred to the proper com- mittees. If a bill is accompanied by a petition, the com- mittee to which it is referred usually announces a public hearing at a stated time at which both petitioners and remonstrants may appear and present their views upon the matter. These hearings are announced through a Bulletin of Committee Hearings, published under the direction of the Joint Committee on Rules, twice a week; and, of course, through the newspapers of the State. Report of Committees. — The committee may report upon a bill favorably (" ought to pass ") or unfavorably (" leave PRESENT STATE GOVERNMENTS. 85 to withdraw"); in the latter case a member of the house may move to substitute the bill for the report of the com- mittee. First Reading. — In order to become a law, a bill must have three readings, no two of which may be on the same day, unless by vote of the house this rule is suspended in a particular case. When a bill is reported to either house by a committee, the presiding officer reads the title of the bill, and if no particular time is set for its consideration, announces that if there is no objection it will go into the orders of the next day. This is called the first reading. The orders of the day, or calendar, is a printed list of ^ bills which are to be acted upon. Second Reading. — When, on the next day or the day set, the bill is reached in due order, the title is read. At this time each member is provided with a printed copy of the bill. This is called the second reading, and the question to be decided is, Shall the bill have a third reading ? At this time the bill is discussed upon its merits ; and amend- ments may be proposed and either acted upon at once, or sent back to the committee for consideration. Suppose the majority of the house vote to order a third reading, the bill is placed in the hands of the Committee on Bills in Third Reading. The business of this committee is to see that the bill is drawn in proper form and to report it back to the house (or the senate, as the case may be). Third Reading. — Then the house proceeds to vote upon ordering the bill to be engrossed, that is, written out in large round hand upon parchment. At this third reading 86 THE GOVERNMENT OF THE NEW ENGLAND STATES. SENATE. Calendar for Thursday, January 19, 1905. Senators are reminded that the time for filing petitions, memorials, bills, and resolves will expire at 5 o'clock P.M. on Saturday, January 21. A joint convention of the two branches will be held at three o'clock, P.M., for the purpose of listening to an Address by the Honorable Henry Cabot Lodge on the Life, Character, and Public Services of the late George Frisbie Hoar. The hour of meeting on Friday will be half -past twelve o'clock P.M. Orders of the Day. 16. Bill (H.) making appropriations for salaries and expenses in the department of the Secretary of the Com- monwealth (House, No. 44). 2d. [The committee on Ways and Means reports that the bill ought to pass, with the following amendments in section 1 : — Striking out, in line 41, the word "three," and insert- ing in place thereof the word "two"; and Striking out, in line 46, the word "two," and inserting in place thereof the word "one."] [Parker.] 17. Bill (H.) making appropriations for salaries and expenses in the department of the Treasurer and Re- ceiver-General (House, No. 48). 2d. [The committee on Ways and Means reports that the bill ought to pass, with an amendment in section 1, strik- ing out, in line 53, the words "thirty-five hundred" and inserting in place thereof the words " three thousand."] [Harding.] A Page of the Massachusetts Senate Calendar and Orders of the Day. PRESENT STATE GOVERNMENTS. 87 also, the bill may be debated and killed, i.e., defeated. If, however, the vote is in favor of engrossment, the bill goes to the other house, where it passes through the same routine. Engrossment. — If the bill is ordered to be engrossed by the second house also, it is given to an engrossing clerk, and after being engrossed, is examined by the Committee on Engrossed Bills. Enactment. — If this committee find it correct in every detail, it is again put before the house and then the senate to be formally enacted ; then, after being signed by the speaker of the house and the president of the senate, the* bill is laid before the governor for his signature by the clerk of the senate. Governor's Approval. — If the governor signs the bill, it becomes a law. If he does not approve, he sends it back to the house in which it originated, together with his objec- tions ; it may even then, however, become a law by being again passed by a two-thirds majority 1 in each house; or the governor may keep the bill five 2 days, in which case it becomes a law without his signature. Amendment. — If, in the course of its passage, a bill is amended by the second house, it goes back to the house in which it originated. This house votes whether it will con- cur in the amendment or not ; if not, a committee of con- ference is usually appointed, which tries to settle the matter to the satisfaction of both houses. 1 A simple majority in Connecticut and Vermont. 2 Three days in Connecticut. 88 THE NATIONAL GOVERNMENT. The Appropriation of Money. — Appropriation bills are those which provide for the expenditure of the govern- ment's funds, and these bills are in charge of the com- mittee on appropriations in each house. Below is a list of the principal items in the revenues and appropriations for the year ending June 30, 1902. Revenues. Duties $254,500,000 internal revenue 272,500,000 Miscellaneous 36,000,000 Total' ....... $563,000,000 Expenditures. War Department $111,500,000 Navy Department 68,500,000 Indian Bureau ...... 10,000,000 Pensions ....... 138,500,000 Interest on public debt 29,000,000 Civil list and miscellaneous .... 113,500,000 Total $471,000,000 The Power to borrow Money. — We have now seen how money is provided for the government under ordinary cir- cumstances. In extraordinary cases this revenue is not sufficient ; accordingly, Congress has been given power by Article I, Section 8, Clause 2, To borrozv money on the credit of the United States. Money is borrowed in most cases by the sale of bonds. These are of the same nature as the promissory notes by which individuals obtain loans. National bonds state the promise of the United States to pay a certain amount, at a stated time, with interest. A " registered " bond contains the name of the owner, and this is a matter of record at the SOME IMPORTANT POWERS OF CONGRESS. 89 treasury department. When this bond is transferred, the record must be changed. " Coupon " bonds are usually payable to bearer ; they have attached to them a number of coupons equal to the number of interest payments due during the term of the bond. Bonds are bought and sold on the market, and their prices are quoted in the daily papers. When the bonds fall due, they are redeemed by the government at their face value, or " at par." On the market all United States bonds are now selling "at a premium." Issues of bonds were made in 1898, the rate of interest being 3 per cent, and in 1900, the rate being 2 per cent. The Public Debt Statement issued monthly by the treasury department gives the divisions of the bonded debt and the amount outstanding. On February 1, 1903, this amount was $9 l 4,54h33°- II. The Power of Congress over Commerce. The Control of Commerce. — The power over commerce, which we are next to discuss, was given to Congress be- cause the history of the country under the Articles of Con- federation demonstrated conclusively the fact that State control of commerce was entirely inadequate. Through Congressional control we secure that uniformity which is essential to security and prosperity in commercial matters. Not all commerce that is carried on by the citizens of this country is subject to control by Congress. The Constitu- tion gives it the power, in Article I, Section 8, Clause 3, To regulate commerce with foreign nations, and among the several States, and with the Indian tribes. There is a vast amount of commerce that is carried on entirely within the limits of the different States. Over this commerce Congress has no power ; it is regulated by State laws relating to trade and transportation. 90 THE GOVERNMENT OF THE NEW ENGLAND STATES. salary of this office varies from $[500 in Vermont to $8000 in Massachusetts. While we speak of the governor as the chief executive officer of the State, we must not understand that he has any considerable control over the other executive officers. They are elected by the voters or are in a few cases appointed by the legislature, and are not responsible to the governor ; they may be considered his colleagues. The Powers and Duties of the Governor. — In colonial times the people were jealous of the power of their rulers. The English kings and the royal governors whom they appointed over the colonies often gave the people cause for this jealousy ; and therefore when the colonies became States the powers of the governors which the people them- selves elected were greatly restricted. While the powers of governors throughout our country are to-day much greater than they were in the early days of the Nation — and this is especially true in the newer States, and in those older States that have adopted new constitutions — still the governors in the New England States are hedged about with many restrictions. It often happens that the gov- ernor and his colleagues are of different political parties, and for this reason, or some other, fail to work in harmony. It is interesting to compare the organization of the execu- tive power of a State with that of the federal government, and to note how different it is. The President appoints the officials who administer the federal law, and may remove them for cause; therefore they are directly responsible to him. Thus the United States executive government is cen- tralized, while State executive government is decentralized. PRESENT STATE GOVERNMENTS. 9 1 Furthermore, the governor and other officials of the central administrative department of a State do not com- prise the whole of the State executive. We have seen in previous chapters how certain executive powers are given by law to town, city, and county officers. While these officers execute State law, they are so little responsible to the central executive that they are regarded simply as local executives. The governor's office is, nevertheless, a dignified and important one ; and though he may have but little direct authority over the other executive officers, he is supposed to have general oversight over them and over the execu- tion of the law, and he represents the State in its relations with other States and with the federal government. The governor's principal powers and duties in the New England States may be enumerated as follows : — 1. He may call special sessions of the legislature when he thinks it advisable. 2. It is his duty to set forth in a message to the legis- lature the need of legislation in certain directions, and to recommend the passage thereof. 3. His most important legislative power is that of veto, which we have described in connection with the work of the legislature. 4. The governor may, in case of disagreement between the two branches of the legislature regarding adjournment, adjourn them to such a time as he shall think proper, though not beyond the date of their next regular meeting. 92 THE GOVERNMENT OF THE NEW ENGLAND STATES. 5. He has power, more or less restricted by his council or by one or both branches of the legislature, to pardon convicts, grant reprieves, and to commute sentences (except in the case of impeachment). 6. He is commander-in-chief of the military force of the State, and in most States commissions its officers. 7. He has a power of appointment varying in extent in the different States ; for example, in Maine and Massachusetts, with the consent of the council, he appoints all judges, justices, medical examiners or coroners, notaries public, and numerous boards and commissions. In States where there is no council the governor's appointments must generally be confirmed by the senate. In Massachusetts and New Hampshire, the governor must sign all warrants for drawing money from the State treasury. In Rhode Island, the governor is president of the senate. Lieutenant Governor. — Massachusetts, Vermont, Rhode Island, and Connecticut have a lieutenant governor who, like the governor, is elected by vote of the people, and who becomes governor if for any reason the governor is disqualified or dies. In Maine and New Hampshire, in case of the governor's death or disqualification, the presi- dent of the senate becomes governor. The lieutenant governor is a member of the senate in Rhode Island, and president of the senate in Connecticut and Vermont. He is a member of the executive council in Massachusetts, and in the absence of the governor pre- sides over its sessions. He has but few duties and little power, and should, perhaps, be classed with the legislative rather than the executive officers. PRESENT STATE GOVERNMENTS. 93 The Executive Council. — The executive council is found in but three of the New England States. Maine has seven members, chosen from councilor districts by the legislature. Massachusetts has eight, and New Hamp- shire five, elected by the voters of the councilor districts. (See map, p. 79.) In colonial times, the governor's council or court of assistants, as it was sometimes called, acted in three capacities : as advisers to the governor, as executive officers, and as the upper branch of the legislative body. From this early council in its legislative capacity, developed the senate, while from the same body in its executive and advisory capacity, came the executive council of to-day. ^ In the early days of their statehood, nearly all of the thirteen original States had a governor's council, but now only the three New England States mentioned above retain this body, whose chief office seems to be advisory and to serve merely as a check upon the freedom of the governor. Secretary of State. — The secretary of State is elected by popular vote in all the New England States except Maine and New Hampshire, where he is chosen by joint vote of the senate and house of representatives. The secretary's principal duties are : 1 — 1. To keep the records of the State. 2. To attest the governor's signature upon all State doc- uments, and to affix to them the State seal (of which he has charge). 1 In Rhode Island, the secretary of State is secretary of the senate. In Vermont, he is clerk of the senate and house when they meet in joint session. 94 THE GOVERNMENT OF THE NEW ENGLAND STATES. 3. To keep the original copies of all laws, and to have them published as we have before stated (p. 88). 4. To collect information from all parts of the State, and to publish it ; and to publish also the reports of the different departments. 5. To provide and send to towns and cities the ballots, ballot boxes, and blanks used at elections. 6. To receive and record the results of elections. Treasurer. — The treasurer's election, like that of the secretary, is by popular vote in all the New England States except Maine and New Hampshire, where he is chosen by the houses of legislature in joint convention. In Massa- chusetts he is eligible but five successive years, and in Maine but six. The chief duties of the treasurer are : — 1. To receive all money coming to the State from taxa- tion or other sources, and to pay out the same upon order or warrant of proper authority — usually that of auditor or governor. 2. To render to the legislature a detailed report of receipts and disbursements. 3. To have charge of the weights and measures which are by law made the standard of the State; and to furnish copies of them to town, city, and county treasurers. Auditor. — An auditor 1 is elected in all the New Eng- land States except Maine and New Hampshire. He is the financial bookkeeper of the State ; and his duties are, among 1 Called comptroller in Connecticut. PRESENT STATE GOVERNMENTS. 95 other things, to keep an account of all receipts and expen- ditures of the State, and of all debts due to and from the State ; to examine all bills against the State, and to make out a certificate to the proper officer of each bill, with a statement of the law authorizing its payment. He exam- ines annually the accounts of the treasurer; and presents a report to the legislature, in which he makes an estimate of the income of the State for the following year. Attorney General. — All the New England States except Vermont have an attorney general. The different methods by which this officer is chosen in the New England States illustrate the various ways in which the choice of an exec- utive officer may be made. He is elected by popular votev in Massachusetts, Rhode Island, and Connecticut ; chosen by the legislature in Maine ; and appointed by the governor and council in New Hampshire. The attorney general is the legal adviser of the governor and other executive officers and of the legislature. He conducts all State cases in the supreme court. He advises district or county attorneys in the discharge of their duties, and may, when occasion requires it, appear for the govern- ment in county or superior court to prosecute persons charged with capital crimes. Administrative Boards and Commissions. — The admin- istration of much of the business of the State is given over to boards and commissions which are created by acts of the legislature. The members of these boards and com- missions are appointed in some States by the governor and council, in others by the governor and senate, and in others by the legislature. 96 THE GOVERNMENT OF THE NEW ENGLAND STATES. These administrative departments may be in charge of a single commissioner or superintendent, or of a board of commissioners, who usually administer the department through a superintendent whom they elect. The terms of the single commissioners and of the mem- bers of the boards vary from one to eight years in the New England States ; while the superintendents employed by the boards have practically unlimited terms. In each of the New England States are found most of the following administrative boards : — Education, Gas and Electric Light, Agriculture, Industrial and Labor Sta- Health, tistics, Insanity, Insurance, Charity, Banks, Prisons and Reformato- Tax, ries, Bar Examiners, Railroads, Registration in Medicine, Harbor and Land, Dentistry, and Pharmacy, Fisheries and Game, Highways. We shall discuss briefly the State departments of educa- tion in a chapter on education, but this is not the place to consider the other departments in detail ; if any pupils are interested to study them, the annual reports of these de- partments are the best text-books for the study, and may be had for the asking. The pupil would do well to make an outline of the government of his own State, and compare it with Appendices C and D. The Militia. — Each State has a body of citizens trained to military duty and to the use of arms, which it may call PRESENT STATE GOVERNMENTS. 97 out in time of need, but which may not be kept constantly under arms in times of peace, as a standing army is. The Constitution of the United States forbids any State to keep a standing army in time of peace, but allows it to establish a militia. The active militia is composed of volunteers who meet as prescribed by law for regular drill and camp duty, for which a small compensation is allowed. The State furnishes uniforms, arms and equipments, and, in large towns and cities, armories in which the militia may be drilled. The governor exercises his power as commander-in- chief through military officers whom he appoints, and who are called the governor's staff. TOPICAL OUTLINE OF CHAPTER. Executive Department. I. Principal executive officers. 1 . Qualifications ; length of term ; salaries. II. The governor chief executive ; how elected. 1 . Powers and duties. (a) Restrictions. (£) Comparison with federal executive. (c) A portion of the State executive department administered by local officers. (d) Enumeration of governor's powers and duties. III. Lieutenant governor ; elected by popular vote. 1 . Limited powers and duties. IV. Executive council ; two methods of election. 1. A remnant of the council of colonial days retained by but three New England States. 2. Serves as a check upon the governor. V. Secretary of State ; how elected ; principal duties. VI. Treasurer; how elected ; principal duties. 98 THE GOVERNMENT OF THE NEW ENGLAND STATES. VII. Auditor; how elected ; principal duties. VIII. Attorney general; various methods of election; principal duties. IX. Administrative boards and commissions. i. Composition; how appointed ; terms of office. 2. Enumeration of departments. X. Militia ; composition, duty, equipment, pay. i. Governor's staff. CHAPTER XIV. PRESENT STATE GOVERNMENTS IN NEW ENGLAND (Continued). Judicial Department. Four Grades of Courts in New England States. — There are even more divergencies in the details of the judicial departments in the New England States than there are in the legislative and executive departments. Many of these* seeming differences, however, are in name only. And we may roughly classify New England courts for the trial of civil and criminal cases as follows : — t . . . f Justices of the peace. Lowest series \ J r [ Trial justices. f Police court. „ , . City court. Second series ■{,,.. , I Municipal court. [ District court. r County court. Third series •! Common pleas court. I Superior court. Highest court, Supreme court. Besides the above, there are in each State probate courts which have charge of wills, inheritances, and other matters. And in Massachusetts there is a court of reg- istration, which decides and confirms titles to land. Justices of the Peace. — These are the lowest judicial officers. They have but small jurisdiction in most of the 99 LofC. 100 THE GOVERNMENT OF THE NEW ENGLAND STATES. New England States, viz., power to administer oaths, and in some States to perform marriage ceremonies. In Ver- mont and Connecticut, however, they may still try civil cases where the amount involved is small, and minor criminal cases. Trial Justices. — Some justices of the peace are espe- cially commissioned as trial justices. Besides having the powers of a justice of the peace, they have jurisdiction over offenses which the statutes punish by a small fine or a short imprisonment, such as breaches of the peace, tres- pass, petty larcenies, and gambling. They have jurisdic- tion also over civil cases where the amount at stake is small. Appeals may be had to county courts. Police, District, Municipal, and City Courts. — Next above the justices of the peace and the trial justices, are the police, district, and municipal courts. There is also a court of slightly higher grade in Connecticut, called a city 1 court. These courts consist of a justice and one or more special justices who act in the absence of the justice. They have jurisdiction in civil cases where the amount at issue does not exceed a certain sum, 2 and in criminal cases where but a small fine or a short imprisonment is allowed by law. Appeals from this court are carried to the county court. Municipal Courts of Boston. — Boston is divided into eight districts for judicial purposes, and there is a munici- pal court in each district. 3 The court of the central dis- trict has a chief justice and seven associate justices, and 1 Connecticut has also borough and town courts. 2 One thousand dollars in Massachusetts. 3 See page 59. PRESENT STATE GOVERNMENTS. IOI has jurisdiction in cases where the amount at issue is not over $2000. The courts of the other districts have the usual single justice and two special justices, and about the same jurisdiction as the ordinary police or district court. Superior, Common Pleas, and County Courts. — The next higher court is the superior court (called common pleas or county court in some States). In Massachusetts the superior court consists of one chief justice and twenty-two associate justices ; and at least two sittings must be held annually in each county. This court has original jurisdic- tion over all criminal cases and some civil cases; and has. appellate jurisdiction over cases appealed from trial justices, police, and district courts. In criminal cases its decision is final unless exceptions are taken to some ruling of the judge upon a point of law. 1 Capital crimes are tried before this court, and during such trials two justices must be present. Maine has a superior court in but two counties. The work of this court in other counties is done by county ses- sions of the supreme court. The common pleas division of the supreme court of Rhode Island also performs the work of the county or superior court. New Hampshire has no superior or county court, but the work of the county is done by the supreme court of the State. The Supreme Court. — The highest court in each State is the supreme court. In Massachusetts it consists of a chief 1 See supreme court law sittings below. 102 THE GOVERNMENT OF THE NEW ENGLAND STATES. justice and six associate justices, four of whom constitute a quorum. This court holds law sittings, at which a cer- tain number of the justices must be present, and at which decisions upon points of law are made. It has also jury sittings for the trial of cases, held by single justices at pre- scribed times in each county of the State. Probate Courts. — In each county of three States there is a probate court which consists of a judge who holds court at prescribed times and places. In Rhode Island, each town has a court of probate ; in many of these the town council act as judges. In Connecticut and Vermont, probate courts are held in districts which are large or small according as the popula- tion is dense or sparse. The probate court, like the justice's court and the police court, has no jury. The business of this court relates to the probate, i.e., the proving of wills, the settling of estates of deceased persons, the guardianship of minors, and changes of name. Most of this business is carried on without any suits ; but sometimes contests arise, and cases may be appealed to the county court or to the supreme court. Territory over which the Various Courts exercise Juris- diction. — Roughly speaking, the lowest of the four series of courts mentioned above has jurisdiction in towns; the second in large towns or groups of towns, and in cities ; the third in counties (either in single counties or in all the counties of a State) ; and the supreme court, in the State. . Appointment of Judges and their Terms of Office. — There is in the New England States so much variation in methods PRESENT STATE GOVERNMENTS. 103 of election and appointment of judges, and in the length of their terms, that no general statement can be made regard- ing these points ; but the student is referred to the tabular statement in Appendix E. In the study of the judicial department, as in the study of the other departments, the student should make the local organization (in this case the local court) the starting point for all investigation. Juries. — In the justice's court, police court, and munici- pal court, petty crimes, such as drunkenness, fighting, the destruction of property, and minor civil cases are tried. In these courts there is no jury (although in some States it must be had if the prisoner demands it), and the justice or judge hears the evidence and examines the witnesses and renders his judgment and sentence without any jury. But in the next higher grade of courts, — those whose jurisdic- tion extends over a county, — where the more important civil and criminal cases are tried, a jury is had. A jury is a body of men whose business it is to decide, from the evidence presented by the parties to the trial, the facts of a case, 1 and under the law as set forth by the judge, to "find a verdict." The statutes of the different States describe the qualifi- cations and duties of jurors in those States. Generally speaking, voters, except certain officers, professional men, and firemen, are liable to service as jurors. Jury Lists. — We have seen that the selectmen in towns (p. 28), and the mayor and aldermen in cities (p. 38) have 1 See James and Sanford's " Government in State and Nation," p. 72. 104 THE GOVERNMENT OF THE NEW ENGLAND STATES. charge of the jury lists and the drawing of jurors. When the lists of names prepared by the selectmen or by the registrars of voters have been accepted by the town meet- ing or by the mayor and aldermen, each name is written on a small piece of paper and these pieces of paper put into a jury box and shaken up. The Drawing of Jurors. — Before the sessions of the county or the supreme court, the clerk of the court sends the sheriff a writ calling for a certain number of jurors from each town and city in the county. This writ is pre- sented to the selectmen or to the mayor and aldermen, as the case may be, and they draw from the jury box the names of a sufficient number of jurors. The men whose names have been drawn are notified by a writ (called a venire) delivered by a constable. This writ specifies the time and place at which the court will sit. Classification of Cases. — Legal actions, or suits at law, may be classified under two heads : — i. Criminal cases, 2. Civil cases. Plaintiff and Defendant. — In every legal action, whether civil or criminal, the party who brings the suit is called the plaintiff, and the party against whom the suit is brought is called the defendant. Criminal Cases. — In a criminal suit the object is to inflict some penalty for the violation of law. And though some individual has suffered by the crime that has been PRESENT STATE GOVERNMENTS. 10$ committed, this crime is held to be against the State, and therefore the State is always the plaintiff. Minor crimes may be tried in a justice's court or a police court ; but more serious crimes must be tried in the higher courts (see pp. ioo and 101). Civil Cases. — A civil action has for its object the resto- ration of property, the enforcement of contracts, or the recovery of damages for injury. Such cases arise between citizens or corporations, or between a citizen and a cor- poration. Outline of Procedure in a Criminal Case. — Suppose A's house has been broken into and some property stolen. Some one, probably A himself, goes to a justice of the peace or to a police justice and files a Complaint. — This is a written paper which states for- mally and exactly the name and residence of the accused, the crime with which he is charged, the time and place at which it was committed, and contains a request that he be arrested. The Warrant. — The justice gives to a constable or a policeman a warrant for the arrest of the accused. The arrest is made, and the prisoner brought to the justice, who appoints a time for examination. Subpoena. — The justice issues a writ called a subpoena to summon such witnesses as the complainant and the defendant wish to have testify. Final Jurisdiction. — If the value of the stolen property is less than a certain amount set by law, the justice may, 106 THE GOVERNMENT OF THE NEW ENGLAND STATES. if the crime is proved, pass sentence at once. In this case the court is said to have final jurisdiction. Appeal. — If, however, the defendant is dissatisfied with the court's decision, he may appeal, and the judge must let the case go to the higher court, i.e., to the county court. Bail. — While the defendant is awaiting the sitting of the higher court, he must either go to jail, or avoid so doing by giving bail ; that is, he may get responsible citizens to sign a bond to pay the government a certain sum of money, if he should not appear at the summons of the court. The justice fixes the amount of the bail. When charged with a most serious crime, the prisoner is not allowed to furnish bail. He must await his trial in jail. Initial Jurisdiction. — If the value of the stolen property is above the limit set by law, the justice holds a preliminary examination of the accused and the evidence against him ; if he finds probable cause for so doing he holds the prisoner (under bail) for the next session of the superior court, or until the meeting of the grand jury. In this instance the court is said to have initial jiirisdictioii. The Grand Jury. — Before a session of the county court, or before a jury sitting of the supreme court, a number of jurors (twenty-three in Massachusetts) are drawn, whose duty is to hear the evidence against any person charged with a serious crime, and to decide whether or not the accused shall be tried. The Indictment. — This is a formal charge drawn up by the county or district attorney. 1 If the grand jury, after 1 Called State's attorney in some States. PRESENT STATE GOVERNMENTS. 107 hearing only the witnesses against the accused, decide by a majority vote that he shall stand trial, the foreman of the jury writes upon the indictment "a true bill." If the jury decide that the accusation is groundless, the foreman writes " not found," and the prisoner goes free. Arraignment. — Suppose " a true bill " has been found against the prisoner ; after he has been brought before the court, the indictment is read to him, and he is asked whether he is guilty or not guilty of the crime set forth in the indictment. The Plea. — The prisoner answers either "guilty" or " not guilty." This is called the plea. If he pleads guilty, V he may be sentenced at once ; if he pleads not guilty, trial must be had. The Petit Jury. — The first step in the trial is to choose from the jurors who have been summoned twelve men ; these are sworn to decide the case from the evidence, and to render a verdict under the law. Testimony. — Witnesses for each side are sworn, and give their testimony before the jury. The witnesses for the State are cross-examined by the counsel for the defend- ant, and the witnesses for the defendant are cross-exam- ined by the prosecuting attorney. The Arguments. — When the evidence is all in, the counsel on each side presents an argument in which he tries to influence the jury to give a verdict in his favor. The Judge's Charge to the Jury. — The judge instructs the jury in regard to the law bearing upon the case, and 108 THE GOVERNMENT OF THE NEW ENGLAND STATES. charges them that if they find from "the evidence that such and such are the facts, they must render this or that verdict. The Verdict. — The jury may agree upon a verdict at once. If they do not, they are placed in charge of an officer and kept in a room by themselves until they agree upon a verdict, or until it is evident that they cannot agree. The Sentence. — If the jury bring in a verdict of guilty, the judge must sentence the prisoner; that is, the judge must tell the prisoner in open court what his punishment shall be. Exceptions. — But, however, the verdict may not be the end of the trial. During the trial the counsel may take exceptions to some rulings of the judge. If these exceptions are allowed, they are sent to the Supreme Court, sitting in a law term. This court does not try the case anew ; but hears the arguments of the counsel upon the exceptions, and decides to sustain or not to sustain the pre- vious ruling of the lower court. If the ruling of the lower court is not sustained, a new trial must be had at some future term of the same court. If the ruling of the county court is sustained, the case goes back to the judge of that court for sentence. Procedure in a Civil Case. — There is much diversity of procedure in civil cases. But it is easy to get the legal forms used in such cases, and the pupil can, with the knowledge he has of the procedure in criminal actions, outline the civil procedure for himself. PRESENT STATE GOVERNMENTS. IO9 He will find, for example, that the first document used in a civil action is not called a complaint, but a writ of attachment ; and that the last step in the action is taken under a writ of execution. TOPICAL OUTLINE OF CHAPTER. Judicial Department. I. Four grades of courts in New England States for trial of civil and criminal cases. 1 . Lowest grade. Justices of the peace. Trial justices. 2. Second grade. Police court. • City court. Municipal court. District court. 3. Third grade. County court. Court of common pleas. Superior court. 4. Supreme court. II. Probate court ; court of registration. III. Justice of the peace. 1. Limited jurisdiction. 2. Trial justices have slightly higher jurisdiction. 3. Appeals may be had to county or superior courts. IV. Police, city, municipal, and district courts. 1. How composed ; jurisdiction; appeal to county court. 2. Municipal court of Boston. V. Superior, common pleas, and county courts. 1. How composed. 2. Jurisdiction. 3. Appeal may be had in questions of law, and in some important cases, to supreme court. IIO THE GOVERNMENT OF THE NEW ENGLAND STATES. VI. Supreme court, i. Composition. 2. Law sittings ; jury sittings. VII. Probate court. i. Composition; jurisdiction. 2. Appeal may be had to superior and to supreme courts. VIII. Territory over which the four classes of courts exercise jurisdiction. IX. Appointment of judges and their terms of office. X. Juries. i . Not used in all courts. 2. Qualifications and duties of jurors. 3. Jury lists. 4. Drawing and summoning of jurors. XI. Classification of legal actions. 1 . Criminal cases. 2. Civil cases. XII. Parties to a legal action. XIII. Outline of procedure in a criminal case. 1 . Complaint. 1 1. The plea. 2. Warrant. 12. Petit jury. 3. Subpoena. 13- The trial. 4. Final jurisdiction. a. Testimony. 5. Appeal. b. Arguments. 6. Bail. 14. Judge's charge to the 7. Initial jurisdiction. jury. 8. Grand jury. 15- The verdict. 9. Indictment. 16. The sentence. 10. Arraignment. 17- Exceptions. XIV. Procedure in civil actions to be outlined by the pupil and com- pared with the above outline. Outline for Studying a State Government. Books and documents needed for reference. — Besides the text-book, the pupil should have at hand : — 1. A copy of the constitution of his State. 2. The Manual of the Legislature (called State Register in Maine and Connecticut, and the Legislative Directory in Vermont). PRESENT STATE GOVERNMENTS. Ill 3. A complete file of ballots used at State and national elections ; sample bills from the senate and from the house ; a copy of the calendar of each house. 4. A copy of the volume containing the laws made during one session; and the Revised Statutes. 5. The reports of the various administrative departments. 6. Miss Mabel Hill's " Liberty Documents." The constitution will be found in the Manual of the Legislature ; and, with the exception of Miss Hill's book and the Revised Statutes, the other books and documents may be had for the asking. I. When, by whom, and under what circumstances was your State constitution made ? II. Does it lack any of the following parts ? — 1. Preamble, 2. Bill of rights, 3. Frame of government, 4. Miscellaneous provisions, 5. Amendments. III. If there is a preamble, make an abstract of its contents. IV. The Bill of Rights : 1. Derived from what sources ? 2. Make a list of the rights enumerated, and compare them with those found in the Magna Charta, the English Petition of Right, and Bill of Rights, the Declaration of Inde- pendence, and the Constitution of the United States. V. The Frame of Government. (Compare each point with the out- line in Appendix C.) 1. Legislative Department. a. What is its official name ? b. What is each house called ? c. How many members in each house, what are their qualifi- cations, how elected, by whom, and for what term ? Draw a map of your senatorial and of your representative dis- trict. d. What privileges do the houses have in common ? e. What peculiar privileges has each house ? f. How often does the legislature meet, and how long may it continue in session ? g. How may bills be introduced ? 112 THE GOVERNMENT OF THE NEW ENGLAND STATES. h. Follow a bill from the time it is introduced till it is signed by the governor, and make a list of the steps taken. i. What power of appointment has the legislature or either house ? /. What things can the legislature do without the consent of the governor ? k. What has the legislature to do with Congress ? What with towns, cities, and counties ? 2. Executive Department. a. The governor : his official title, qualifications, term of office, salary. ^. Is he elected by a majority or by a plurality ? c. How may he influence legislation, — by veto or otherwise ? d. What independent power of appointment has he ? e. Is there an executive council ? If so, what are its powers and duties ? f. ■ Is there a lieutenant governor ? If so, what are his powers and duties ? g. Name the other State officers and give their qualifications, terms of office, and duties. h. What control does the governor have over the other State officers ? z. What military power has he ? j. What provision is made in case of his death, disability, or absence ? k. Make a list of the chief administrative officers and boards, and state briefly their duties. 3. Judicial Department . (Compare Appendix E.) a. What is the lowest court for the trial of civil and criminal cases ? b. What is the highest court for the trial of civil and criminal cases ? c. What are the intermediate courts for the trial of civil and criminal cases ? d. What special courts are there ? e. What kinds of cases are tried in each ? f. Over what territory does each exercise jurisdiction ? PRESENT STATE GOVERNMENTS. 113 g. In which courts are juries used ? //. When and where do the different courts sit ? i. How are the judges for each court chosen, and for what term ? /. What judicial power does the governor have ? VI. Miscellaneous Provisions. 1. Do they limit the legislative, executive, or judicial depart- ments ? 2. Are there any regulations regarding education, taxes, roads, towns, cities, and counties ? 3. What provision is there for amendment ? VII. How many amendments has the constitution ? VIII. Is there any part of the constitution unwritten ? Think of the matter of nominations. CHAPTER XV. EDUCATION IN NEW ENGLAND. The Beginning of Public Schools in America. — The his- tory of public education in the United States has its begin- ning in New England. The government of Massachusetts contributed to the founding of Harvard College in 1636. The town of Dorchester claims the honor of having estab- lished the first public school supported by taxation in 1639. In 1647, the General Court of Massachusetts passed an act requiring each town of fifty families to maintain a school in which pupils might be taught to read and write, and each town of one hundred families to maintain a gram- mar school, i.e., a Latin school, which should prepare boys for college. Connecticut, in its code of 1650, made a simi- lar requirement; and in 1652, New Haven began to agitate the question of founding a college. Although this move- ment was not immediately successful, it resulted later in the founding of Yale College in 1701. Importance of Education. — It is especially important in a government like ours, a government of the people by the people, that the citizens be educated. It is the business of a good government to defend the State, to secure justice to its members, and to promote their 114 EDUCATION IN NEW ENGLAND. 115 general welfare. For all these reasons the government should see to it that every citizen has at least a common school education. As are the voters, so will be the govern- ment. This is well expressed in the constitution of Massachu- setts, Ch. V. sec. 2 : — "Wisdom and knowledge, as well as virtue, diffused generally among the body of the people, being necessary for the preservation of their rights and liberties ; and as these depend on spreading the opportuni- ties and advantages of education in the various parts of the country, and among the different orders of the people, it shall be the duty of legis- latures and magistrates, in all future periods of this commonwealth, to cherish the interest of literature and the sciences, and all seminaries of them ; especially the university at Cambridge, public schools and gram- mar schools in the towns ; to encourage private societies and public^ institutions, rewards and immunities, for the promotion of agriculture, arts, sciences, commerce, trades, manufactures, and a natural history of the country ; to countenance and inculcate the principles of humanity and general benevolence, public* and private charity, industry and fru- gality, honesty and punctuality in their dealings ; sincerity, good humor, and all social affections, and generous sentiments, among the people." Education in Charge of the Individual States. — In the United States Constitution there is no provision for insti- tuting a national system of schools ; indeed, that document mentions neither schools nor education. Each State makes its own educational laws and establishes its own school system. The State, however, carries on the real work of education through the local governments of its towns and cities. The business of education is so important, and so distinct from other functions of government, that there is in every State a somewhat separate and specialized machinery for carrying it on. Il6 THE GOVERNMENT OF THE NEW ENGLAND STATES. Two Unit Areas of School Administration found in New England States. — In former years New England towns were pretty generally divided into districts, to which the administration of the local schools was largely intrusted. This district system has been abolished in Maine and Mas- sachusetts, but is still in use in many towns of other New England States. Where, however, this smaller unit of administration is still in use, there are generally two sets of administrative officers ; the town school board assumes control and over- sight in purely educational matters, while a district board or "agent" has charge of the business part of the admin- istration, such as furnishing and caring for the buildings, and providing for heating and lighting. The district agent usually hires the teacher, and in many places negotiates for his or her board. But the town is gradually coming to be the unit area for school administration as it is for other governmental functions. Ungraded Schools. — In all the less thickly settled towns, are found ungraded or " common " schools. All the pupils, from youngest to oldest, sit in one room ; and one teacher hears all the recitations. A teacher with thirty pupils may have to hear twenty to thirty recitations daily. And yet these schools are not to be despised, for they have profoundly influenced the life of New England. Graded Schools. — In the more thickly settled towns, in villages, boroughs, and cities, are found the so-called graded schools. Outside of New England eight grades or years below the high school are more common than nine. The EDUCATION IN NEW ENGLAND. I 1 7 larger towns and cities of New England quite generally have nine grades, while the smaller cities, and even some of the larger ones, have eight grades below the high school. There seems to be a movement toward eight grades as a standard. The first four years of school are known as the primary grades, the next four or five as the grammar grades. Fol- lowing the grades come four years of high school. The New England States require by law the maintenance of the above-mentioned schools except the high school; and Massachusetts requires her towns to provide high schools or to pay the tuition of their pupils in the high schools of neighboring towns or cities. Compulsory Attendance. — Not only do the New Eng- land States require the maintenance of these schools, but they all compel by law the attendance at them of children between certain ages. The following is an abstract of the laws of the New England States regarding compulsory attendance and the educational restrictions upon child labor : — Il8 THE GOVERNMENT OF THE NEW ENGLAND STATES. COMPULSORY EDUCATION. 1 State. Age. Annual Period. Penalty on Parents for Neglect. Educational Restrictions on Child Labor. Maine 7-14 Full term Not exceeding Children under 15 shall not be em- (minimum $25, or im- ployed in any manufacturing or 20 weeks) prisonment not exceed- ing 30 days mercantile establishment, except during vacation, unless they have attended school 16 weeks during preceding year. Such school attendance must continue during employment New Hampshire 8 14 Full term First, $10; subsequent, No child may be engaged under 14 years in any employment dur- • $20 ing school hours; 16 years, in any employment if unable to read and write English. No minor unable to read and write English may be employed unless attend- ing day or evening school Vermont 8-14 20 weeks $5 to $25 Children under 14 (provisions simi- lar to Maine and Massachusetts) Massachusetts 7-14 - Full term Not exceeding Children under 14 may not be em- (minimum $20 ployed in factories, workshops, 32 weeks) or mercantile establishments or in any other employment for wages during school hours; over 14, who cannot read and write English shall not be employed where there is an evening school unless they attend the same or day school Rhode Island 7-i5 3 Full term Not exceeding $20 Children under 13 may not be em- ployed except during school va- cations Connecticut 8-16* Full term Not exceeding Children under 14 must have at- (minimum $5 tended day school a prescribed 30 weeks) period. Between 14 and 16, pro- visions similar to Maine and Massachusetts 1 Adapted from U.S. Commissioner of Education's report corrected to 1902. 2 To sixteen, if wandering about public places without lawful occupation. 3 Not applicable to children over 13 who are lawfully employed. 4 Not applicable to children over 14 who are lawfully employed and not enrolled at school. EDUCATION IN NEW ENGLAND. 119 It will be seen by a glance at the above tabulation that, while each State fixes a minimum number of weeks per year during which each town must maintain a school, all the States, except Vermont, require the attendance of chil- dren between certain ages during the full time school is in session, whatever that may be. Support of Public Schools. — Most of the money for the support of the public schools comes from local taxation. Each State, however, appropriates annually a sum from which certain amounts may be assigned to the smaller and less wealthy towns in accordance with the number of chil- dren of school age, and the amount of taxable property in them. A third source of school support is the income of cer- tain moneys held by the State as a school fund. 1 In Connecticut towns, there are also tozvri deposit funds , 2 the revenue from which is applied to the support of schools. State Normal Schools. — If the State provides schools and compels attendance, it must of course see to it that there are competent teachers. To meet this need State normal schools are established for the training of teachers. Massachusetts was again the pioneer in this direction. In 1839, j us t two hundred years after the opening of the public school by the town of Dorchester, Massachusetts established the first normal school in America. There are now ten State normal schools (including the Normal 1 Massachusetts appropriates to the "school fund" $100,000 annually until said fund shall amount to $5,000,000. 2 In 1837, when the United States divided its surplus revenue among the States, Connecticut deposited her share with her towns, requiring that the income be expended for the support of public schools, 120 THE GOVERNMENT OF THE NEW ENGLAND STATES. Art School) in Massachusetts ; three in Maine, one in New Hampshire, three in Vermont, one in Rhode Island, and three in Connecticut. Besides these twenty-one State normal schools, there are normal and training schools maintained by many of the larger New England cities for the especial purpose of training teachers for their own primary and grammar schools. Private Schools. — Besides its public schools, New Eng- land has a large number of private schools and acade- mies of all grades, from the kindergarten to the normal school. Many of these have a splendid history and a wide reputation. Higher Education. — Many of the Western States sup- port State universities, to which graduates of high schools in the State, or any citizens who have the equivalent of a high school education, are admitted, tuition free, or nearly so. Only two of the New England States, Maine and Ver- mont, have such institutions. There is, however, in each State an agricultural college, 1 to which properly prepared students are admitted free, or by paying a small tuition fee. The United States Government appropriates $25,000 annually for each of these agricultural colleges. Aside from the State normal schools, most of the insti- tutions of education above the high school, in New Eng- land, are private institutions. The great number of these indicates that the New England people look with favor upon higher education. In the six States, we have, besides more than forty professional and scientific schools, some 1 In Maine and Vermont the State university and the agricultural college are united. EDUCATION IN NEW ENGLAND. 121 twenty-five colleges and universities. Some of these are coeducational, that is, admit both men and women. Five of them are exclusively for women. School Administration in Towns and Cities. — The administrative officer of the smallest educational area, the school district, is the " agent," or the chairman of the board of trustees, who is elected annually by the voters of the district. As we have already seen (p. 31), each town and city at its annual election elects one-third of its school com- mittee of three, or a multiple of three, for a term of three years; thus, the majority of the members of every school board have had a year or more of experience. The duties of the school committee are definitely set forth in the statutes of each State. In cities, the school committee appoint a superintendent who acts as their administrative agent. In country towns, the inspection of schools and the oversight of administra- tive details may be attended to by the members of the committee, or they may employ, either alone or uniting with another town or group of towns, a superintendent of schools. Massachusetts compels towns not able to employ the services of a superintendent for the entire time to unite in a district with other towns for this purpose. County School Officers. — Except in Vermont, New Eng- land counties now have almost nothing to do with school administration. In former years some of the States tried county boards and county superintendents ; but now ad- ministrative power in school matters has been very gen- erally given to towns and cities, or assumed by the central State government. 122 THE GOVERNMENT OF THE NEW ENGLAND STATES. In Vermont, each county has an examiner of teachers appointed biennially by the State superintendent of educa- tion and the governor. This officer conducts examinations of teachers for the county, under direction of the State superintendent arranges teachers' institutes, and furnishes statistical information to the State superintendent. State School Administration. — There are two types of central school administrative machinery in New Eng- land : — i. The state board of education, with its administrative secretary and agents. 2. The State superintendent of public schools. The first is found in Massachusetts, Rhode Island, and Connecticut ; and the second in Maine, New Hampshire, and Vermont. Massachusetts, in 1837, established the first state board of education in the United States. It consists of the gov- ernor and lieutenant governor ex-officiis, and eight mem- bers who are appointed by the governor for eight years, one retiring annually. The Rhode Island board has six members, and the Connecticut board four, besides the gov- ernor and lieutenant governor. In these States the mem- bers of the board are elected by the general assembly. The State board has supervision of State normal schools, prescribes forms for school registers, and has general over- sight of the educational interests of the State. It chooses a secretary * who acts as its administrative officer, and one or more agents. 1 In Rhode Island this officer's official title is Commissioner of Public Schools. EDUCATION IN NEW ENGLAND. 1 23 The secretary's duties are chiefly advisory, directive, and statistical. While his actual power under the law is small, he may, through the collection of statistics and the publication of reports, and through other means, exert great influence for the improvement and systematizing of public school instruction throughout the State. The State superintendent has duties similar to those of the secretary of the state board, but somewhat more power and responsibility, since he is not under the direction of a board. The State superintendent is usually a member of the board of trustees of the State normal schools, and thus has additional opportunity to make his influence felt upon the educational work of the State. • For the exact official titles of these officers, the methods of their appointment in different States, and their salaries, see Appendix D. TOPICAL OUTLINE OF CHAPTER. I. New England the birthplace of the public school. 1. Harvard College founded in 1636. 2. The first public school in Dorchester in 1639. 3. The Massachusetts law of 1647. 4. The Connecticut law of 1650. 5. The founding of Yale College in 1701. II. Importance of education in a democracy. 1. As a means of defending the State. 2. As a matter of justice to children. 3. As a method of promoting the general welfare. III. No national system of education. 1 . Each State makes its own educational laws and establishes its own educational system. IV. Two unit areas of school administration in New England, — the district, and the town. 1. The district gradually being abolished. 124 THE GOVERNMENT OF THE NEW ENGLAND STATES. V. Ungraded or "common" schools. i. Their disadvantages. 2. Their influence upon New England life. VI. Graded schools in villages and cities. i. Nine grades (four primary, five grammar) in the larger New England cities. 2. The State compels by law the maintenance of schools below the high school, and Massachusetts compels the mainte- nance of the high schools. VII. Compulsory attendance. i. Abstract of the laws regarding school attendance and educa- tional restrictions on child labor in the New England States. VIII. Support of public schools drawn from three sources. i. Local taxation. 2. State appropriation. 3. Income of school fund. IX. State normal schools. 1. First one established by Massachusetts in 1839. 2. Twenty-one State normal schools now in New England. X. Private schools. XI. Institutions for higher education. 1. State universities and agricultural colleges. 2. Other universities, colleges, professional and scientific schools. XII. School administration. 1. In town and city. a. The district agent or board. b. The town school committee. c. The superintendent in cities and larger towns. d. The district superintendent. 2. County school officers not found in New England except the county examiner of teachers in Vermont. 3. State school administration. a. Two types found in New England. (1) State board of education with executive secretary. (2) State superintendent. b. Duties and powers of the secretary of the State board. c. Duties and powers of the State superintendent. APPENDICES 126 APPENDIX A. < X I— I Q W < £ l> co !? w OJ H •£ < ; — ; H c3 CO _C O CO o I— 1 H «J o s| z <* H ° w 2 BS H Ig Di " W Pi t3 w k) "3 cr 0) C # o oi 'So • 1) C4 Required in cities and towns having more than 500 voters. t5 0) 1-1 '3 i) M C .2 '5b s o « a o w u g W g Z O « M Ph Convicted of bribery, forgery, perjury, duel- ing, or theft, unless pardoned. Paupers; persons un- der guardianship; In- dians not taxed. Paupers(except honor- ably discharged U.S. soldiers and sailors) and persons under guardianship. Q w CB B c w Pi w u Z w a >• w « ft h u Z 2 i-< u W K Ph w £ E 2 1-1 o o s in O E u5 E H U tn O s O E ft) Z H M < H en 9-4 O £ Requirements as to Citizenship. Citizen of the U.S. who can read English. Citizen who can read constitu- tion in English and write his name. 1) '5s en Hi -> in 'Sfl P4 Paupers (except hon- orably discharged U.S. soldiers and sailors) ; persons excused from pay- ing taxes at their own request. Paupers ; lunatics ; persons non compos mentis; convicted of bribery or infamous crime until restored to right to vote; un- der guardianship. Unpardoned convicts, and deserters from U.S. army or naval service during Civil War. en O g CO >^ a t/5 s CO s CO O s en s CO O e N Inhabitants, na- tive or natural- ized. ai O S (U U O fi (U U ^ S as p< ^ s W> o fcE O* oS 2 2 £ fi T3 >-» >-, CTi r* g B fi a OJ u S S jj O O £ 128 APPENDIX B. APPENDIX B. STATE LEGISLATURE. State. Connecticut Maine Massachusetts New Hamp- shire Rhode Island Name. Vermont General Assembly Legislature General Court General Court THE STATE SENATE. General Assembly General Assembly Qualifications of Senators. A qualified elector of district Age 25 yrs. Citizen of U.S. s yrs. Resi- dent of State 1 yr. and resident of town or district 3 mos. next preced- ing election. Resident of State 5 yrs. next preceding elec- tion and district at time of election Age 30 yrs. Inhabit- ant of State 7 yrs. next preceding elec- tion, and inhabitant of district at time of election Qualified voter $300 and mile- age $150 and mile- age Salary. $75° Presiding officer, $250; others, $200; mileage $5 per day and mileage Quorum. Majority Majority Age 30 yrs. Freeman of county $3 per day Majority Majority Majority Majority APPENDIX B. 129 APPENDIX B. STATE LEGISLATURE. HOUSE OF REPRESENTATIVES. £ O Qualifications of Members. Salary. Quorum, Me-eting. Length Session Origin of Bills. 255 2 yrs. Qualified electors and residents of town for which elected Same as Senator Age 21 yrs. Other Same as qualifications same Senator as Senator Resident 1 yr. next preceding election Inhabitant of State 2 yrs. next preced- ing his election, and inhabitant of town or district at time of election Qualified voter Resident of State 2 yrs. and of town 1 yr. next preceding election Same as Senator Same as Senator Same as Senator Same as Senator Majority Majority Majority Majority Majority Majority Biennial, Wed. after 1st Mon. in Jan. Biennial, istWed. of Jan. Annual, istWed. of Jan. Biennial, istWed. of Jan. Annual, last Tues. in May at Newport then ad- journed to Provi- dence Biennial, istWed. of Oct. Not limited Not limited Not limited Not limited Not limited but mem- bers re- ceive pay for but 60 days Not limited In either house, except consti- tutional amend- ments, which originate in House of Rep- resentatives In either house, except bills for revenue, which must originate in House of Representa- tives Same as Maine Same as Maine In either house Same as Maine, except consti- tutional amend- ments, which originate in the Senate 130 APPENDIX C. APPENDIX C. STATE GOVERNMENT OF MASSACHUSETTS IN OUTLINE. I. Legislative Department. i . Senate, — forty members elected from senatorial districts for one year. 2. House of Representatives, — two hundred and forty members elected from representative districts for one year. Each house elects its own officers (secretary, messengers, door- keepers, etc.). II. Executive Department. i. Executive Officers. (i) Governor, — elected by popular vote for one year. (2) Lieutenant Governor, — elected same as Governor. (3) Council, — eight members elected by the people from councilor districts for one year. (4) Secretary of State, — elected by the people for one year. (5) Treasurer, — elected annually by the people, but not eligible for more than five years in succession. (6) Auditor, — elected by the people for one year. (7) Attorney General, — elected by the people for one year. 2. Administrative Officers. (1) Insurance Commissioner, — appointed 1 by the Governor for a term of three years. (2) Tax Commissioner, who is also Commissioner of Corpo- rations, — appointed by the Governor for a term of three years. 3. Boards and Commissions. (1) Board of Education, — the Governor, Lieutenant Gov- ernor, and eight members appointed for eight years. 1 Appointments, unless otherwise stated, are made by the Governor with the consent of the Council. APPENDIX C. 131 (2) Board of Agriculture, — the Governor, Lieutenant Gov- ernor, Secretary, and three members appointed for three years. (3) Board of Health, — seven members appointed for seven years. (4) Board of Insanity, — five members appointed for five years. (5) Board of Charity, — nine members, appointed. (6) Prison Commissioners, — three men and two women ap- pointed for five years. (7) Railroad Commissioners, — three members appointed for three years. (8) Harbor Commissioners, — three members appointed for three years. (9) Gas and Electric Light Commissioners, — three members appointed for three years. (10) Board of Commissioners of Savings Banks, — three members appointed for three years. (11) Board of Arbitration, — three members appointed. (12) Bar Examiners, — members appointed by the justices of the supreme courts. (13) Boards of Registration, — the Board of Registration in Medicine, Board of Registration in Dentistry, and Board of Registration in Pharmacy; appointed. (14) Highway Commission, — three members appointed for three years. (15) Metropolitan Water and Sewerage Board, — three mem- bers, appointed. (16) Metropolitan Park Commission, — five members ap- pointed for five years. (17) District Police, — Chief, and officers appointed for three years. (18) Officers of Militia, — appointed and commissioned. III. Judicial Department. Supreme Judicial Court, consisting of a chief justice and six associate justices, appointed to hold office during good behavior. May be removed by the Governor, with consent of the Council, upon request of both branches of the Legisla- ture, or by impeachment. 132 APPENDIX D. APPENDIX D. THE GOVERNOR Term Vacancy in Salary State. of Qualifications Office Veto Power. Per Office. Filled by. Annum. Maine 2 yea is Age 30 years; President of Yes; overruled $2,000 natural born Senate ; by two-thirds citizen of after him, vote of each U.S.; resi- Speaker of house dent of State House 5 years at time of elec- tion New Hampshire 2 years Age 30 years; President of Yes; overruled $2,000 inhabitant Senate; by two-thirds of State 7 after him, vote of each years next Speaker of house preceding House election Vermont 2 years Resident of Lieutenant Yes; overruled $1,500 State 4 years Governor by simple ma- next preced- jority ing election APPENDIX D. 133 APPENDIX D. AND OTHER STATE OFFICERS. Term Salaries per Names. of Office. Annum. How Chosen. Qualifications. Seven Councilors 2 years #150, and $2 First ten are Councilors must per day and elected by Leg- be citizens of mileage islature ; last U.S. and resi- Secretary of State 2 years #1,500 two appointed dents of State. Treasurer 2 years #2,000 by Governor Treasurer not eli- Attorney General 2 years #1,500 gible for more Adjutant General 2 years $1,000 than six con- Supt. of Public 3 years #1,500 secutive years. Schools Five Councilors 2 years $3 per day and mileage Elected by vo- ters Same as Senator Secretary of State 2 years $800 and fees Elected by Leg- islature Treasurer 2 years $1,800 Elected by Leg- islature Adjutant General 2 years $1,000 Appointed by Governor Attorney General 5 years #2,200 Appointed by Governor and Council Supt. of Public 2 years #2,500 Appointed by Instruction Governor and Council Lieutenant Gov- 2 years $6 per day Elected by voters ernor during ses- sions Secretary of State 2 years #1,700 Elected by voters Treasurer 2 years $1,700 Elected by voters Auditor of Ac- 2 years $2,000 Elected by voters counts Adjutant and In- 2 years $1,000 Elected by Gen- spector General eral Assembly Supt. of Educa- 2 years $2,000 Elected by Gen- tion. eral Assembly 134 APPENDIX D. APPENDIX D — Continued. THE GOVERNOR State. Term of Office. Qualifications Vacancy in Office Filled by. Veto Power. Salary Per Annum. Massachusetts i year Inhabitant of State 7 years next preced- ing election Lieutenant Governor Yes; overruled by two-thirds vote of each house $8,000 Rhode Island i year Qualified elector Lieutenant Governor No veto $3,000 Connecticut 2 years Age 30 years; qualified elector of State Lieutenant Governor Yes; overruled by simple ma- jority $4,000 APPENDIX D. 135 APPENDIX D — Continued. AND OTHER STATE OFFICERS — Continued. Names. Term OF Office. Salaries per Annum. How Chosen. Qualifications. Lieutenant Gov- I year $2,000 Elected by voters Resident of State ernor 7 years Eight Executive 1 year $800 each Elected by voters Resident of State Councilors 5 years . Secretary of State 1 year $3>5°° Elected by voters Resident of State 5 years Treasurer and Re- 1 year $5,000 Elected by voters Resident of State ceiver General 5 years Auditor 1 year $3,500 Elected by voters Resident of State 5 years Attorney General 1 year $5,000 Elected by voters Resident of State 5 years Secretary of Board Unlim- $4,000 with Appointed by of Education ited $500 trav- eling ex- penses Board of Edu- cation. Lieutenant Gov- 1 year $500 Elected by voters Qualified voter ernor Secretary of State 1 year $3,5°° Elected by voters Qualified voter Attorney General 1 year $4,500 Elected by voters Qualified voter General Treasurer 1 year $2,500 Elected by voters Qualified voter Auditor 1 I year $1,500 Qualified voter Commissioner of $3,000 Public Schools Lieutenant Gov- 2 years $500 Elected by voters ernor Secretary of State 2 years $1,500 Elected by voters Treasurer 2 years $1,500 Elected by voters Comptroller 2 years $1,500 Elected by voters Attorney General 2 years Elected by voters Secretary of Board Unlim- Appointed by of Education ited Board of Edu- cation 1 Insurance Commissioner ex-officio. 136 APPENDIX E. w X I— I Q W < CO w < H CO Q O w B CO H a* w & •— > W H H O B I— I 1-1 o h O. w ho en OJ 7 years 4 years 4 years 7 years o ffi Q W H W J W « O w H o p- •5 'o S P O u (5 ts O a 9-4 CD > o O >> pq By Governor and Council Elected by voters of the County By Governor and Council By Governor and Council b O . £ S S oo - - u | Law sittings, three times a year Trial sittings, two or three a year in each county In Cumberland and Ken- nebec counties Once or twice each month Daily As occasion requires « s o O o W g < u o O 0) a CD S-i PL, n en Superior Court Probate and Insolvency Municipal or Police Courts Trial Justices Justices of the Peace and Quorum 1 K O H s « w H CO a o y s a APPENDIX E. 137 > P~. P^ ^ CJ CJ a c e 3 S3 3 3 3 3 3 O O U u u -d T3 T3 -d T) c c S c 3 cS CCi (4 cS CIS ^ S-4 I* J-< O O O O O C C S3 a (3 %i 9-4 V-i }H vi > > > > O O O O O >. ^ >-. >^ >s PP pq M pp PQ t-^ - *H « hH „ _,_, j_, J-i 4=; in O 3 a S M 3 < CU 1) O e 43 en rt cu 43 id c S-i CJ S3 >^ >, >^ '3 a ccj g cr -, 3 3 3 43 u> TJ "3 O a O S3 O 1 — . CJ a cs O ccj CJ CJ c cj 43 CJ cu 43 O cS CU CU 'en ciS U '1 '1 4^ O 3 C a '3 Q en < cu CJ US cu Pi v* 1-4 CJ 3 3 O 3 -M 43 u U u 3 1+-. C cu S .2 CJ U en cu i) d CJ CJ CJ 43 CJ , cl a, O n 3 ■-. 3 C/2 CXI Ph Pm 1 — > TJ >, cu a C/i 3 U z >. a -a .£ is a 43 v Til o " 3 3 138 APPENDIX E. 3 X I— I Q W Ph Ph < CO w H CO « O •5 H P, > < W P HH & ■— » « O w t-H H t? O O Id 2 years 2 years 2 years 2 years tn Oi tn tn oi oi ■a Id H Id J W S! D W Id h Z O < By General Assembly By General Assembly By General Assembly By freeman of county _t_> <4-l o fl Hi s 4) 1 PQ Appointed by Governor Elected (from I to 15 in each town) by freeman of the town Id O a s i— « o « Id K s I^ M 1-4 i Supreme Court Judge and 2 As- sistant Judges « g W Three annually at Mont- pelier Three annually at Mont- pelier Two annually in each county by Judge of Su- preme Court A o cd V .5 _>, ~S d e fl d o o & ° H -a PS o e rfl o ai -, e d o U o a > fl 0i 1) ts O }H Ph 6 I d, tn :s fl *-£> d tn K O h s « Id H D 55 S d o U o tn s fl rt * C .-a APPENDIX E. 139 tf> ~- j-t J-l u Jh bp _o W) _o biO bO .2 tuo .2 CO CO "i> 3 s '> S3 _ > S3 _, > 03 03 CJ CJ ■5 ^ CIS Td oS T5 03 •« t) cS •- Td OS 30^ .c cj 3 Q O -G cj two ^ 3 Q O rG O CJ £ O 43 5 O CJ 3 ^3 ^fi O CJ CJ CJ CJ cj a G 3 fi (3 C C =1 3 3 ^ fi fi fi O O O O O u O U u U O U -d nd T3 Td -d id t3 c s fi a c S3 S3 o3 rt OS 03 03 03 03 s-l l-» i-t J-l J-H O O O O O O c c c C (3 fi c M Sh 9-1 M S-< V- cy CJ CJ 1) CJ CJ CJ > > >. > > > > O O O O a O O >> >, P-. ^ >~. >^ >^ pq pq pq pq pq pq pq s "3 CJ cd 'S, Jbp m fi to 03 CJ t^ < Td a 03 v. e CJ j_, C CJ ■2 £ CO CN fi OS « cj a) cq C CJ 5 s s U £, CJ c '% fi _>, O S CJ -° .2 ^ -d ^ fl 5 CJ CJ S3 O to M S O u 43 CJ >> fi c c o3 O -a c CJ ■*-> to CJ CJ ■J3 Cr ■— ' oS to r* ■s 1 to aj '3 O J; c 3 S 03 aj cj 14 OS JJ O '- >- s CJ _0 tj '^J x; "rt en u C cj to '« V M S3 3 [A oS ,fi O CJ '2 S s CA 3 O CJ CJ O oS >1 •3 , V) 3 3 co u fi CJ J> "0 CO CJ CJ 03 CJ Pm M U J-l fi P- 1 5 CJ ^3 £ -d fi Td rH CO ■JJ CJ l+H 03 u c 03 "H-, .2 -55 6 O h-l CJ .&| to fi CJ 1 1 w w H Ph O W l-H 1-1 H O o w 3 St w a CJ >> 00 8 years 4 years w C3 CJ in CS CJ m a OJ m v. CIS CJ >-, I» p H H o w hJ W ° o ffi w H Z 5 < §< ^ "^ CU w > u ° a S * j -° 55 J? in it in C< g< CU TO CD » > u s> *-• OS O g a u fi g a s O H m O cu ui 55 55 %< > u ° B 1 «-^ s « s B ■— " aj Ih O cfl >-i CJ o > rn CJ j_, cj C "3 u OJ B CJ o CJ x b a •3 SJ P* i« <: m Sh CJ o > t3 CJ CJ 0) w w p 1—1 Si O K H a S u-> 5 o CJ CIS cj _S « « G CIS s CIS ■a, Y, H H en B tS « -B >^i tJ B cU fl ,„ OS £ >-•$ &i*h ii» fi w cii Ih -» B O U , •r 1 *-• H B in Xi Q t-i B O CJ CJ "S O ^3 3 m 2 " 3d si jh ^^ CJ o B CJ Ph CJ ,B ■l-H o in CJ _o B « o H 2 K W H 1) co m CJ B B O u m Q in en s OJO - B" fi •B O e O in B O APPENDIX E. 141 At pleas- ure of As- sembly At pleas- ure of As- sembly CO Vh 03 CU CO < 1-1 CD a cu 2 S cu O co in < 13 u cu (3 cu O >~. £ S O CU K CO CO J-l CU a 2 a Pm £ *? a 0^ £^ B a * O J-f 3 >-!» a ^ §1 A * cu cu s a 1— 1 CO cu 13 cu > ^ O 05 ^3 CD CL, g Ph *H P-r-s S « -3 cu Ph a e 3-1 CO 1-1 3 O O u CO s Police Court of Provi- dence Probate Court CU ni cu Pm cu O CO cu CO 3 1 — > cu 55 CO CU a 3 CO s CO cu U H 3 CO e H , O u cu cu XI >-. s cu s M >. T3 3 1 — 1 A CU A rt H w INDEX. Adams, John, 65. Agent, school, 116, 121. Agricultural colleges, 120. Aldermen, board of, 38, 39. Amendments, constitutional, 72, 73, 81. Andros, Sir Edmund, 11. Appeal, 106. Argument, 108. Arraignment, 107. Assessors, town, 28, 29; city, 44. Assistants, court of, 5, 8, 10. Auditor, town, 31 ; city, 44; state, 89, 94. Bail, 106. Bill, of city legislature, 42, 43 ; of State legislature, 83-87 ; amendment of, 87 ; money bills originate in House. Blue Book, 88. Board of health, town, 28 ; of Boston, 53 ; of State, 96. Board of civil authority, 28. Boards and commissions, administrative, in cities, 43-44 : in Boston, 52-57 ; State, 95-96. Boards, State, of education, 122. Boroughs, 34. Boston, 48-58 ; municipal court of, 59, 100. By-laws, 23. Cabots, John and Sebastian, 1. Calendar, of Massachusetts senate, 86; of city council, 41. Cases, classification of, 104; criminal, 104; procedure in criminal, 105-109; civil, 105 : procedure in civil, 108. Charge to jury, 108. Charter, of Plymouth Colony, 4 ; of Massachusetts Bay Colony, 9 ; Province charter, 11 ; loss of, 11 ; of Connecticut and of Rhode Island, 18, 67; of Lon- don and Plymouth companies, 1 ; gov- ernment, 65 ; of cities, 36. Cities, growth of in the United States, 35. City compared with town, 45 ; outline for study of, 46. City council, duties and powers of, 39; method of legislation, 40. City executive, 38, 44 ; judiciary, 44. City government, necessity for, 35-36 ; departments of, 37-38. Collector of taxes, town, 29 ; city, 44. Colonial council, governor's, 93. Colonial government, earliest forms, 3 ; in 1774, 64-65. Colonies, Connecticut and New Haven compared. Colonists, character of, 2, 3. Commissioners, county, 61 ; of public schools in Rhode Island, 122. Commissions, administrative, of cities, 44 ; of Boston, 5, 26, 57 ; of States, 95. Committee of Safety, 66. Committees, of city council, 40; of State legislature, 82, 84, 87. Committees, school, of towns and cities, 31, 43, 121. Company, Plymouth, 1, 2; London, 1, 2. Complaint, 105. Comptroller, see Auditor. Congress, Continental, 66; Massachusetts provincial, 66. Connecticut, first settlements in, 2; government in 1774, 64, 65 ; charter changed to constitution, 67; represen- tative districts, 80; senatorial districts, 75; compulsory school attendance, 118; town deposit funds, 119; colonies, 14-16; city councils in, 39. Constable, duties of, 30. Constitution, definition of, 00. Constitutions, written, 68. 143 144 INDEX. Constitutions of New England States 6age - 66, general features of, 71-72; amend- General assemh merits, 72, 81. Coroner, 63. Council, executive, 93. Council for New England, 2. Councilor districts, 93. Councilors, colonial, 12. County, formation of in Pi ymouth Colony, 8; in Massachusetts Bay Colony, 10; in Connecticut and Rhode Island colonies, 17, ic : the governmental unit Hancock, fol in Virginia, 20 ; the judicial unit in New Hartford, 14. tal court, 74; in colonial tin.' 7, 8, 10, 12, 21. Government, earliest forms of colonial, 3-5 ; parish and manorial, in England, 6 7 : of Providence, i2 ; centralized and non-centralized, 44, 90. Goverr 1 89 .2 colonial, 5, 8, 9, 12, 17. Govern ',- sage 84, Harvard College, founding of, 114. Highways, surveyors of, 31. . omas, 14. Impeachmer 8 60, County, commissioners, 61 j treasurer, -'..- . -• "v3; sheriff, 'C2 b 1 Udiags, 61. County court, jr. . 7 ; in New Court, four grades of, 99; justice's, 32; Indictment, 107. city, police, district, municipal , 44, ioc Jamestown, 2. f) county, s.' MM . : -.2 ;.',. ICQ Judicial department, separation of, 8, 10 ; of : 99, r governments and of royal governments, ffc State, 99- : -port, John, 15. ; ,^ Juries', 103-104; grand, 106; petit, 107. W Jurisdiction, appellate, 101; final and administrative and 1 '-'r'fl'< initial 106 J *** ury sittings of the Supreme Court. governmer/ 65 ornament, .-,; trial, 100. 37 V- D Districts, senatorial, 75 ; representa*. 80; cout.'. 01 be 62 las, Dorchester, first public school, 11, 114. Kings, English, Char.'; I 9 Ovaries II, 67; Henry VII, 1; James I, 1. Esttef ophites, 15. Ed ks on h - .'23. gs, 23. ' ons, of alderrne' ;. v council- a - /. -.-,-- e* city officers, 44; ol Si; of - rate, :«•«• Departa •' M ' : "-, 27, 32, 44. z8, 43. ( >cticut, 14. : Land titles, 1, 2 90, r/g and revising 23 od of in city, (O , in legislatu.-'; 82-88, ' of '.harter and ';rnments, 65; of towns, 23- 25 -,: -. ' 39 .2 -. : ' (j - 7; g&, :'. 128- documents, ill, ,*ny, 1, 2, 4. Magna Charta, 11 1. Maine, a part of Mas.; •'. 60 < Massachusetts and INDEX. 145 admission to Union, 6S; present gov- ernment, 75-80. Massachusetts Bay Colony, 0-12, 14. Massachusetts government in 1774, 64- 65- Massachusetts, amendment of constitu- tion, 72; senators, number and quali- fication of, 74, 75; representatives, number ami qualifications of,7S; vari- ous executive officers and their duties, 90-05; schoolfund.no; founded first normal school, 119; first state board of education, 1::. Mayflower compact, 4. Mayor, powers and duties oi, 38, 40-45. Medical examiner, 63. Militia, 96. Moderator, 25, 27, 37. New Hampshire, royal province. 04; temporary constitution. 66; senators, number and qualifications of, 74 ; sena- torial districts, 75-76 ; representatives, number and apportionment, 78, So; quorum in legislature, 77. New Haven, 15-16. Newport. 18. Normal schools, 119. Ordinances. 42. 0\ c: seers of the poor. 27, aS. Pardon, power of. . • Physician, city, 44. Plaintiff, 104. Plea, 107, Plymouth Company, t, 2. 4. Pl\ mouth Colony, 4 : rise of tow ns in, 7 ; early legislation of. 5 ; laws of. revised, 6; united with Massachusetts Bay Colour, 0. Police, control of, 38; departments and boards, 45. Toll tax, •- Pound keepers, 44. Precincts, voting. 37. Preliminary examination, rod. Pro> idence, co nay of. 17. ibraries, trustees of. 44. Puritan legislation. \i. as, the .; 9 it. Quorum, legislative, 77. Readings of bills, 42, 86. Register, of deeds, of probate, 62. Regulating Act, 65. Representation, the beginning of, 8; bases of, 77. Representatives, house of, 77-82. Rhode Island, settlement, 17; govern- ment in 1774, 65; charter granted, 67; senatorial districts, 75 ; representative districts, So; governor of, 00; no veto, 82 ; president of the senate, 92. Schools, early history of, 114; two unit areas of administration, 116; compul- ses attendance upon, 11S ; support of. 119; ungraded, 116; graded, no; normal, no; academies and private, 120; professional and scientific, 120- i^i ; officers. 121; city department of, 43; State superintendent of. 125; » district superintendent of. 1:1. School committee, duties of, 31. Sealers of weights and measures. 3a, Secretary of State, 03, 04; of board of education, 122. 123. Selectmen, 2S. 45. Senate, 74-S2. Sentence, 10S. Separatists, 3, 11. Sheriff. 02. 03. j . 44. Speaker of house. Sj. Staff, governor's, yj States, transition of colonies into, 64 ; outline of government, 111. Streets, superintendent of, 31. 44. wna. 106. Suffrage, right of, colonial. 12, 15, 16; uresent right of. 120. Surveyors of wood, 44. Faxes assessment and col ection, 29; MS, examiner of. 120; inst;: - tor. 1.-.-. resume Downs origin of. 6-7; agenl tf8 coua- 8; caus 1 sters vj meet a§ 5 -.--^4 1 146 INDEX. twofold function of, 22; definition of, 22; by-laws, 23 ; clerk, 28-29. Treasurer, town, 30; city, 44; county, 61 ; State, 94. Tun, 6. Union of Connecticut and New Haven colonies, 16. Universities, 120. Unorganized territory, 23. Venire, 104. Verdict, 108. Vermont, colonial conventions, 68; inde- pendent State, 68; admission to the Union, 69 ; senatorial qualifications, 75 ; districts, 75 ; quorum, 77; representa- tive qualifications, 78; districts, 80; special privileges of senate, 81 ; State election, 81; county examiner of teachers, 122. Veto, mayor's, 38 ; governor's, 87, 91. Villages, 34. Virginia, county in, 20. Voters, qualifications of, 126. Votes, concurrent and joint, 42. Ward officers, 37. Warrant, town, 24, 25-27 ; for arrest, 105 ; governor's, for drawing money, 92. Wentworth, John, 67. Wethersfield, 14. Windsor, 14. Writ, of attachment, 109; of execution, 109. Yale College, founding of, 114.