A TEXT-BOOK IN CIVICS 
 
 FOR 
 
 HIGH SCHOOLS AND COLLEGES 
 
•The 
 
 THE MACMILLAN COMPANY 
 
 NEW YORK • BOSTON • CHICAGO 
 SAN FRANCISCO 
 
 MACMILLAN & CO., Limited 
 
 LONDON • BOMBAY • CALCUTTA 
 MELBOURNE 
 
 THE MACMILLAN CO. OF CANADA, Ltd, 
 
 TORONTO 
 
THE 
 
 AMERICAN FEDERAL STATE 
 
 ITS HISTORICAL DEVELOPMENT 
 GOVERNMENT AND POLICIES 
 
 BY 
 
 ROSCOE LEWIS ASHLEY 
 
 AUTHOR OF "AMERICAN HISTORY," "AMERICAN GOVERNMENT," ETC. 
 
 REVISED EDITION 
 
 THE MACMILLAN COMPANY 
 1911 
 
 All rights reserved 
 

 Copyright, 1902, 191 1, 
 By the MACMILLAN COMPANY. 
 
 Set up and electrotyped. Published February, igo*. Reprinted 
 July, 1902; August, 1903; January, 1906. 
 New edition, revised, July, 1911, 
 
 <§"/ 
 
 n 
 
 J. S. Gushing Co. — Berwick <fe Smith Co. 
 Norwood, Mass., U.S.A. 
 
 ©CI.A292913 
 
PREFACE 
 
 This Civics text-book is intended not only to describe 
 the organization and work of the different American govern- 
 ments, but to make prominent the relation of the citizens 
 to the governments and to each other. It has been thought 
 that this could be done best by considering the subject from 
 the standpoint of the State : that is, of the whole body of 
 citizens considered as an organized unit rather than from 
 the point of view of government or of the indi\ddual citizen. 
 This made it necessary, first, to explain some of the more 
 important principles of political science with practical appli- 
 cations ; second, to show how the American Federal State 
 became what it is; third, to describe the national, state 
 (commonwealth), and local governments; and, fourth, to 
 give some idea of the policies of the State in regard to great 
 public questions and of the problems that confront it. 
 
 In the historical portions of the book no attempt has 
 been made to touch upon more than the salient events, 
 each of which is considered not so much for any intrinsic 
 worth as for the light that it may throw upon the develop- 
 ment of nationality within the United States. For details 
 and for subjects omitted altogether, the reader must be 
 referred to the many excellent manuals of American His- 
 tory. The discussions upon government assume that the 
 student needs a clear conception of the real character and 
 actual working of our governments much more than he 
 does a knowledge of the government as it is supposed to 
 be. Technical descriptions of governmental machinery 
 have, therefore, been subordinated to practical accounts of 
 what the governments do and how they do it ; and, for the 
 
vi Preface 
 
 same reason, the methods of administration have been given 
 less space than the purposes which administrative measures 
 have sought to attain. Where recognized defects exist 
 which can and ought to be remedied through an awakened 
 pubHc interest, the author has called attention to them, 
 noting the nature of the flaw, and mentioning ways in which 
 it may be removed. 
 
 The author wishes to express his obligation to a large 
 number of writers and friends to whom he is indebted for 
 suggestions or material. In revising the book, the text has 
 been corrected to date, but no attempt has been made to 
 add new references throughout the book. The importance 
 of natural resources as a public question has been recognized 
 in Chapter XXIX. Suggestions or corrections of errors will 
 be received gladly from those who have occasion to use the 
 book. 
 
 Pasadena, Cal., 
 April, 1910. 
 
SUGGESTIONS 
 
 MATERIALS 
 
 As this manual covers so much more ground than the Chapters de- 
 conventional civics text-book, and in consequence contains ^°^,^^ ^^P^' 
 
 ^ ciallv to 
 
 more material than some teachers desire or are able to use, government, 
 many may prefer to confine themselves as far as possible to 
 the chapters devoted especially to government. To such 
 teachers, and those who, because the time allotted to Civics 
 is less than one year, must omit parts of the book, the 
 author would suggest that chapters I to V inclusive be fol- 
 lowed directly by Part II and chapters XXII and XXIII. 
 It may also be advisable for a few teachers to omit the more 
 difficult sections within these chapters, although the value 
 of general or theoretical discussions before classes take up 
 the study of a subject in detail is not to be lightly estimated 
 if time is not too limited or the pupils too immature. 
 
 The use of materials for work outside of the text-book Comparative 
 has fortunately become much more general than a few years scarcity of 
 
 1 • • -111 1 1 ^ 1 1 materials in 
 
 smce ; but it is probably true that there has been less prog- civics. 
 ress in this particular in civics than in American history. 
 Less attention has been paid to collecting documents and 
 sources which would throw light upon American government 
 to-day than has been devoted to placing in compact form a 
 few of the most useful original sources of history. There 
 are, nevertheless, a great many papers and pamphlets ob- 
 tained at slight cost which afford ample opportunities to 
 study certain phases of the organization or work of govern- 
 ment at first hand. The books devoted to a study of 
 political and civil institutions are by no means so numerous 
 
 vii 
 
VIU 
 
 Stiggestions 
 
 Constitu- 
 tions, codes, 
 and charters. 
 
 Registers of 
 officials. 
 
 Statistical 
 reports. 
 
 as the political, constitutional, and narrative histories of the 
 United States, but a few are of exceptional merit, and a 
 valuable civics library can therefore be obtained for a mod- 
 erate sum. 
 
 Every class should be provided with several copies of the 
 state constitution, and if possible every member should have 
 one in his possession for constant reference. Most of the 
 states publish in pamphlet form copies of the constitution, 
 which can be obtained for class room use gratis or at a 
 reasonable cost. At least one copy of the state political 
 code which gives an extended account of the state and local 
 governments should be easily accessible, provided of course 
 the laws of the state have been codified. If the class be- 
 longs to a city high school, it will be desirable to have for 
 individual and class use a number of copies of the city 
 charter. 
 
 The Official Congressional Directory, issued yearly under 
 the direction of the clerk of the printing records, will be 
 sent upon application, and is particularly useful for the brief 
 biographies of members of Congress and the summaries 
 of the duties performed by the different bureaus of the 
 executive departments. Registers of state officials with 
 information relative to public institutions are issued in a 
 majority of the states, and can usually be obtained through 
 the representatives of the senatorial or assembly district. 
 Reports of national or state bureaus and commissions are 
 usually pubhshed annually, and may be of use in the study 
 of some special subject. 
 
 Statistical information of value can be procured from the 
 proper officials. For example, reports of the state con- 
 troller, of the county clerk or auditor, of the city auditor or 
 treasurer, are published at frequent intervals and give infor- 
 mation regarding the assessment of property, the tax rate, 
 receipts and expenditures summarized and in detail. Sev- 
 eral copies of each can probably be obtained without diffi- 
 culty. Comparative tables showing the financial statistics 
 of the different states for 1890, 1895, ^^^ 1900 are pub- 
 
Suggestions 
 
 IX 
 
 lished by the New York State Library for ten cents a num- 
 ber. Similar statistics for the largest cities are gathered by 
 the United States Department of Labor and incorporated in 
 their bulletins, e.g. that for September, 1900. Information 
 concerning the finances of the national government, the 
 amount of trade, election figures, besides reviews of legisla- 
 tion for the previous year, party platforms, hsts of national 
 officials past and present, and a multitude of other subjects 
 are contained in the political almanacs issued yearly for 
 tvventy-five cents a number by different newspapers. A 
 copy of at least one for the current year is indispen- 
 sable. 
 
 Class-room work can be made to seem more real by Sample bai- 
 placing in the hands of each pupil papers in whose use he ^^^^^^^^^ 
 is likely to be especially interested. It is easy to get from -statements." 
 the city or county clerk samples of unused but cancelled 
 ballots for some previous election. The tax assessors are 
 almost always more than wiUing to furnish teachers with a 
 suitable number of the " statements " which assessable citi- 
 zens are obliged to fill out and return each year, while 
 blanks upon which the collectors make out their receipts 
 are readily furnished by those officials. Blank indentures, 
 mortgages, warrants, and other legal papers are obtainable 
 at the book stores or from lawyers at but shght expense. 
 
 As much use as possible should be made of the school References 
 
 ... r ■ i. u-^u to materials. 
 
 library and of other hbraries or sets of magazmes to which 
 
 the pupils have access. Some instruction should be given 
 in the use of periodical indexes and of such bibliographies 
 as may be obtainable. The latter should include Channing 
 and Hart's Guide to the Study of American History; Hart's 
 Manual of American History, Diplomacy and Government; 
 Hart's Actual Government, for references at the beginning 
 of chapters ; Ashley's American History and Ashley's Amer- 
 ican Govern?nent, both of which have numerous marginal 
 references, studies, and topics more recent than most of 
 those in this book. For the study of topics in particular 
 books, the attention of the pupils should be recalled con- 
 
X Suggestions 
 
 stantly to all time-saving devices, such as the use of the 
 table of contents and of the index. 
 
 In selecting books for a school library, it is more impor- 
 tant to have several copies of the best books than a larger 
 number of titles with too few duplicates for class use. If 
 possible, every student should have a copy of some good 
 high school history of the United States, at least two differ- 
 ent authors being represented in each class. In advanced 
 classes, students will find it an advantage to have individual 
 copies of the abridged edition of Bryce's American Cojn- 
 monwealth, or Hart's Actual Government, the two indispens- 
 able books on government. Any good library must contain 
 several copies of these books and copies of Reinsch's Read- 
 ings on American Federal Government^ and Beard's Read- 
 ings in Americafi Government and Politics, the latter 
 covering more subjects, although it is shorter. 
 
 For class use the following libraries may be suggested : — 
 
 A SMALL LIBRARY 
 
 "Elsoi^, History of the United States. Macmillan. $1.75. 
 
 "StOGARr, Economic History of the United States. Longmans. $2.00. 
 
 MacDonald, a Documentary Source-Book of American History. 
 Macmillan. ^1.75. 
 
 Bryce, The American Commonwealth, abridged edition. Macmillan. 
 $ 1.75. With topics and questions by Clark in Outlines of Civics. 
 75 cents. 
 
 Hart, Actual Government as Applied under American Conditions. 
 Longmans. $ 2.00. 
 
 Beard, (ed.). Readings in American Government and Politics. Mac- 
 millan. $1.75. 
 
 A FAIR-SIZED LIBRARY 
 
 The books given above and the following : — 
 Wilson, The State. Heath. $ 2.00. 
 Macy, The English Constitution. Macmillan. $2.00. 
 Johnston, American Politics. Holt. 80 cents. 
 
 Hart (ed.). Epochs of American History, including Thwaites, The 
 Colonies ; Hart, Fortnation of the Union; WiLSON, Division 
 and Reunion. Longmans. ^1.25 each. 
 
Suggestions xi 
 
 Cambridge Modern History, Vol. VII. Macmillan. % 4.CX). 
 
 Hart, American History as Told by Conteffiporaries. Macmillan. 
 4 volumes. $ 2.00 each. 
 
 Channing and Hart, Guide to American History. Ginn. ^2.cx). 
 
 Hart, Manual of American History, Diplomacy and Government. 
 Harvard. 
 
 The American Nation, including Howard, Preliminaries of the 
 Revolution ; McLaughlin, Confederation and the Constitution ; 
 Tn'SC^^^, Rise of the New West; Latane, United States as a World 
 Power. Harpers. ^2.00 each. 
 
 FiSKE, Critical Period of American History. Houghton. ^2.00. 
 
 Burgess, The Middle Period. Scribners: ^1.75. 
 
 American Year Book. Appleton. $ 3-50. 
 
 Kaye, Readings in Civil Government. Century. ^1.20. 
 
 MacDonald, Select Documents of American History (1776-1861). 
 Macmillan. ^2.25. 
 
 The Federalist. Several editions from ^1.50 to $ 2.25. 
 
 Cleveland, Growth of Democracy. Quadrangle Press. ^2.00. 
 
 ScHOiTLER, Constitutional Studies. Dodd. ^1.50. 
 
 COOLEY, Principles of Constitutional Law. Little. $ 2.50. 
 
 Harrison, This Country of Ours. Scribners. ^1.25. 
 
 Plehn, Public Finance. Macmillan. % i .60. 
 
 Bryce, American Commonwealth. 2 volumes, new edition. Macmil- 
 lan. $ 4.00. 
 
 'Bk\rd, American Government and Politics. Macmillan. ^2.10. 
 
 Ymbiae, National Administration. Macmillan. ^3.00. 
 
 Larned (ed.). History for Ready Reference, Vols. VI. and VII. 
 Nichols. ^11.00. 
 
 Bliss (ed.), The New Encyclopedia of Social Reform. Funk. 
 ^7.50. 
 
 Reinsch (ed.), Readings on American Federal Government. Ginn. 
 ^2.25. 
 
 WiLLOUGHBY, W. W. (ed.). The American State Series, including 
 WiLLOUGHBY, W. W., American Constitutional System; GoODNOW, 
 City Government ; Macy, Party Organization ; Finley and San- 
 derson, American Executive ; Reinsch, American Legislatures ; 
 Baldwin, American Judiciary ; Willoughby, W. F., Territories 
 and Colonies ; Yky&lys., Local Government. Century. ^ 1.25 each. 
 
 lOYm'S.O^, American Railway Transportation. Appleton. j^i.50. 
 
 Henderson, Dependents, Defectives, Delinquents. Heath. ^1.25, 
 
 Gauss, The American Government. Hamersly. $5.00. 
 
 McLaughlin and Hart (eds.), Cyclopedia of American Government. 
 3 volumes. Appleton. (In preparation.) 
 
xii Suggestions 
 
 A LARGE SCHOOL LIBRARY 
 
 The books given above and the following : — 
 Lalor (ed.), Cyclopedia of Political Science. 3 volumes. Maynard. 
 
 $ 15. (X). 
 Bluntschli, Theory of the State. Macmillan. ^3.50. 
 Medley, English Constitutional History. Macmillan. ^3.25. 
 yiADisoi^, Journal of the Constitutional Convention. 
 Curtis, Constitutional History of the United States, 2 volumes. 
 
 Harpers. $ 6.00. 
 Thorpe, Constitutional History of the American People. 2 volumes. 
 
 Harpers. ^5.00. 
 Semple, American History and its Geographic Conditions. Houghton, 
 
 $ 2.50. 
 Dunning, Civil War and Reconstruction. Macmillan. $ 2.00. 
 Stanwood, History of the Presidency. Houghton. ^2.50. 
 Jenks, Governmental Action for Social Welfare. Macmillan. ^i.oo. 
 ^'EAGK'R, Social Insurance. Macmillan. ^i.oo. 
 '^BiGKT, Industrial Evolution of the United States. Flood, j^i.oo. 
 'SiOUT^-ELL, Constitution at the End of First Century. Ginn. ^2.50. 
 Burgess, Political Science and Comparative Constitutional Law, 2 
 
 volumes. Ginn. $ 5.00. 
 DALLYi^GESiy Nominations for Elective Office. Longmans. $2.00. 
 Oberholtzer, Referendum in America. Scribners. ^2.00. 
 yiPSTE., Method in History. Ginn. ^ i.oo. 
 
 WOODBURN, Political Parties and their Problems. Putnams. $ 2.00. 
 OsTROGORSKi, Democracy and the Party System. Macmillan. j^l.7S. 
 Merriam, Primary Elections. University of Chicago. ^1.25. 
 Ford, The American Citizen's Manual. Putnams. 
 Yaiklik, Municipal Administration. Macmillan. ^3.00. 
 Z'UEBJA'S, American Municipal Progress. Macmillan. $1.25. 
 'RowE, Problems of City Government. Appleton. ^1.50. 
 Bullock (ed.). Selected Readings in Public Finance. Ginn, j^2.25. 
 Wilson, Congressional Government. Houghton. $ 1.25. 
 McConachie, Congressional Committees. Crowell. $1.75. 
 COOLEY, Constitutional Limitations. Callaghan. $ 6.00. 
 Ylo^hKYi^ Local Constitutional History, Johns Hopkins. $3.00. 
 Maltbie, Municipal Functions. New York Reform Club. 50 cents. 
 G00T>ii0VJ, Municipal Problems. Macmillan. ^1.50. 
 Wines and Koren, The Liquor Problem in its Legislative Aspect. 
 
 Houghton. ^1.50. 
 YJk'KN'EJ^f American Charities. Crowell. ^1.75. 
 Adams, The Science of Finance. Holt. 1^3.50. 
 
Suggestions 
 
 xui 
 
 Laughlin, Bimetallism in the United States. Appleton. ^ 2.25. 
 
 Jenks, The Trust Problem. Doubleday. $1.00. 
 
 Stimson, Labor in its Relation to Law. Scribners. 75 cents. 
 
 Stimson, Popular Law Making. Scribners. $ 2.50. 
 
 YosT^^, A Centtiry of American Diplomacy. Houghton. $3.50. 
 
 Taussig, Tariff History of the United States. Putnams. $1.25. 
 
 Foster, American Diplomacy in the Orient. Houghton, $3.50. 
 
 Foster, The Practice of Diplomacy. Houghton. $2.50. 
 
 COOLIDGE, The United States as a World Power. Macmillan. $ 2.00. 
 
 Taft, Present Day Problems. Dodd. % 1.50. 
 
 "Wilson, Constitutional Government in the United States. Houghton. 
 
 jgi.25. 
 WiLLOUGHBY, The Supreme Court. Johns Hopkins. $1.25. 
 Van Hise, Conservation of Natural Resources, Macmillan. $ 2.00. 
 
 METHODS 
 
 Although a text-book in Civics should never be followed 
 as closely as those in more definite and less practical sub- 
 jects, the students should obtain from the text definite in- 
 formation as a working basis for additional study before they 
 begin extensive outside investigation. Attention cannot be 
 recalled too frequently to the need, and to the practical 
 value, of contantly reviewing subjects that have already been 
 studied, whenever those earlier subjects are connected at all 
 closely with the topic under consideration. 
 
 As the formal study of a text alone would be too Hfeless a 
 subject for any class in Civics, the author has given numer- 
 ous suggestive questions (those under i, 2, 3, etc.) which 
 may save some of the teacher's time and provide material 
 for thought or investigation work by the students. No class 
 would wish, or would be able, to examine all of these ques- 
 tions. 
 
 A large percentage of the present-day questions (those 
 under heads i, ii, iii, etc.) can be answered by assigning the 
 sets to different pupils, each pupil having at least one set for 
 which he is held responsible. The practical nature of the 
 subjects considered, and the ease with which most of the 
 
 Text-book 
 work, and 
 indirect 
 reviews. 
 
 The use of 
 
 suggestive 
 
 questions. 
 
 The use of 
 present-day 
 questions. 
 
short papers. 
 
 xiv Suggestions 
 
 answers may be found, will undoubtedly quicken and main- 
 tain the interest of the pupils better than may be possible 
 with the thought questions. 
 Collateral Additional outside work which should be undertaken to 
 
 ^^^^^^^^^ some extent in every class is of three kinds: (i) general 
 
 short naners. •' V / o 
 
 collateral reading ; (2) short papers upon topics of a Hmited 
 scope ; and (3) longer papers requiring considerable prepa- 
 ration. For the collateral reading the marginal references 
 will furnish abundant material unless the teacher desires 
 longer accounts than those mentioned. These marginal 
 references will also frequently serve as an aid in answering 
 some of the thought questions, and may be made the basis 
 of the short papers or class talks which constitute the sec- 
 ond kind of outside work. In the preparation of these 
 papers the pupils should never be permitted to confine 
 themselves to a single book unless it is unavoidable, but 
 care should be taken that they use several and use them 
 properly. Unless the pupils are accustomed to work of 
 this kind, however, they should be introduced to it gradu- 
 ally. The first paper can be based upon two comparatively 
 simple narratives, the pupil not being expected to give 
 authorities for any of his statements. The second one 
 might well deal with a more difficult topic, but still with no 
 attempt to give specific references. But for all subsequent 
 studies of this nature where the results of his investigation 
 are embodied in an essay, or even when they are given 
 orally as a report to the class, he should be asked to take 
 and preserve notes upon what he has read, which should 
 give not only statements, but references to the book and 
 the page. These references should be repeated in his 
 writing, that is, he should be asked to give author, book, 
 and page reference for any important fact mentioned by 
 only one anthority he consulted, or for any fact about which 
 the statements made by the various historians disagreed. 
 Longer A report or a short paper may be required every week or 
 
 two, but there should be no attempt to have in one year 
 more than two of the longer essays, which employ much the 
 
 theses. 
 
Suggestions xv 
 
 same methods with the expectation of going quite deeply 
 into some subject. Moreover, the pupil should not be 
 called upon for any short papers or for many reports while 
 the longer one is being prepared. The accounts to which 
 the pupil may be referred should be both longer and more 
 numerous than those previously used. Some of the sets 
 of references given at the end of each chapter may serve 
 the purpose ; or, if Kbrary faciUties are limited or other sub- 
 jects are preferred, the teacher may ask the pupil to select 
 a list of references upon some topic which is to be carefully 
 revised by the teacher before real work is begun. So far as 
 possible, the pupils should make a provisional outline or 
 topical analysis to be used as a framework for the essay, 
 and after the paper is completed this should be altered so 
 that it correctly represents the topics treated. This topical 
 analysis, after submission to the teacher, is to be placed 
 upon the board before the paper is read, or, if it can be 
 done, mimeograph copies should be placed in the hands 
 of every pupil. In these papers as in the shorter ones, the 
 authorities with book and page should be given whenever 
 necessary ; but the extent to which the other pupils should 
 be compelled to take notes upon these papers and reports 
 must be dictated by the time and other hmitations upon 
 the class. 
 
 The real purpose of the work described in the two pre- ^J^^^^^j^^^® 
 ceding paragraphs is the training of the individual pupil in p^^/Ji^, 
 the use of references and in collecting the results of his periods in 
 research ; its value to the class as a whole is purely inci- ^ ^*- 
 dental. But this is only partially true of the study con- 
 nected with the questions at the end of each chapter, and 
 still less the case with oral reports from marginal references 
 which supplement the text upon some pBint of more than 
 usual interest. In the following suggestions for intensive 
 study in the class room, it is believed the class as a whole 
 can be given substantial assistance by showing them how to 
 compare different accounts, to reconcile, if may be, con- 
 flicting statements, and to determine what amount of truth 
 
xvi Suggestions 
 
 or error lies in each. A good period for study is that im- 
 mediately preceding the Revolutionary War, covering the 
 fifteen years from 1760 to 1775. Upon this there are a 
 number of excellent accounts of moderate length, repre- 
 senting several different points of view, e.g. Hart's Forma- 
 tion of the Union, Sloane's French War and Fevolutioft, 
 Channing's Studenfs History and the United States , 1765- 
 1865, Lodge's Colonies, Fiske's American Revolution, Vol. I, 
 Lecky's American Revolution, Green's Short History of the 
 English People, Gardner's History of England, etc. If a 
 dozen or more copies of these different books can be ob- 
 tained and each pupil held responsible for the book assigned 
 him (an outline being used to denote what topics will be 
 considered), he will be obliged to find out what his book 
 says on each topic and to discard what it says on others not 
 taken up. With the facts and opinions from these books 
 before it, the class will then have an opportunity to note 
 down and later compare these accounts. Constant watch- 
 fulness will be necessary to see that the study does not 
 degenerate into a mere comparison of differences for the 
 sake of finding what differences there are, rather than for 
 the purpose of ascertaining the truth about the topic under 
 discussion. 
 Use of tables It is frequently found that the best idea of a subject is 
 and outlines, gained by placing it in the form of a table or outline. When 
 the data belong to several sources that are contemporaneous, 
 the table may be used to make a comparative analysis; 
 when they follow each other in historical sequence, an out- 
 line will be necessary. Both can be used to simpHfy the 
 work either of the class or of individuals, and the gain in a 
 better grasp of the subject and in convenience for review 
 will usually more than repay the time spent on the analysis. 
 The danger comes from placing too great dependence upon 
 the method, particularly with the outline. The relation 
 existing between one event and another ma|^ not be indi- 
 cated, and the analysis may be nothing more than a com- 
 
aim. 
 
 Suggestions xvii 
 
 bination of unimportant facts, while the one important truth 
 is missed. 
 
 In conclusion it may be well to urge that the methods Mental train- 
 adopted in the recitation and in outside study should have ^^^ ^^^^^^^ 
 
 , . . . , . , . , _ , . , , than acquisi- 
 
 as their prmcipal aim the training of the mmd and not the tionofinfor- 
 acquiring of information. More than anything else must "^^tion the 
 the pupil be taught to discriminate between what is impor- 
 tant and what is unimportant, discarding what is of no 
 value and making an effort to retain the few things worth 
 while. It is well not to forget that in history and civics 
 facts are absolutely essential for any training that is worthy 
 of the name, and that an accurate knowledge of facts is a 
 help of the highest value without which reasoning is useless 
 and judgment little better than prejudice. Facts should, 
 therefore, not be despised nor neglected, nor should the 
 importance of memorizing them for temporary or perma- 
 nent use be minimized, but not even those that deal with 
 the things of to-day should be made an end in themselves, 
 but a means to acquire that knowledge of the trend of 
 events and of the nature of our civil governments which 
 shall enable us to see things as they are and do what is best 
 for our country's good. 
 
 All of these suggestions have been tested by the author 
 with classes varying in size from five to thirty, and he 
 believes that the results have been satisfactory. 
 
ABBREVIATIONS 
 
 COMMONLY USED IN REFERENCES 
 
 A. A. A Annals of the American Academy of Political 
 
 and Social Science. 
 
 A. H. A Reports of the American Historical Associa- 
 tion. 
 
 At. Mo Atlantic Monthly. 
 
 Bryce Bryce, The American Commonwealth, abridged 
 
 edition. 
 
 Channing .... Channing, Students' History of the United 
 
 States. 
 
 Harper's Harper'' s Monthly Magazine. 
 
 Hinsdale Hinsdale, The Afnerican Government. 
 
 J. H. U.S.. . . . Johns Hopkins University Series in Historical 
 
 and Political Science. 
 
 Lalor Lalor (ed.), Cyclopedia of Political Science. 
 
 P. S. Q Political Science Quarterly . 
 
 N. A. R North American Review. 
 
 Story, Commentaries . Story, Commentaries on the Constitution. 
 
 Amer American. 
 
 Cong Congressional. 
 
 Const Constitution. 
 
 const'l constitutional. 
 
 econ economy or economic. 
 
 Eng. English. 
 
 hist. historical or history. 
 
 jol. .,..,.. journal. 
 
 pol. . . o . . . . political. 
 
 R. ...... . Review. 
 
 Soc Sociology. 
 
 Unless otherwise indicated, all reference are to pages, and to the last 
 edition published before 1901. 
 
 XIX 
 
TOPICAL ANALYSIS 
 
 CHAPTER I 
 Some Elements of Politics. §§ 1-39 
 
 Development of political societies .... 
 
 1. The State : 
 
 (i) The State and the nation, 
 
 a. Definitions of the State .... 
 
 b. The nation . . . . . . 
 
 (2) Theories concerning the origin and nature of the State 
 
 a. Theory of divine right .... 
 
 b. Contract theory ..... 
 
 c. Natural or historical theory . 
 
 (3) Natural theory and social duties . 
 
 (4) The kinds of States 
 
 (5) Historical forms of States, 
 
 a. General ....... 
 
 b. Federal States and Confederacies . 
 
 c. The Federal State 
 
 (6) Characteristics of modern States . 
 
 2. Sovereignty and constitutions : 
 
 (i) Character of sovereignty .... 
 
 (2) Disputes concerning the nature of sovereignty 
 
 (3) Written and unwritten constitutions, 
 
 a. Distinction between 
 
 b. Advantages of a written constitution 
 
 3. Government : 
 
 (i) Development of government . 
 
 (2) Government and the State 
 
 (3) Classification of government as, 
 
 a. Monarchical or ... . 
 
 b. Democratic ..... 
 
 c. Centralized or dual 
 
 d. Presidential or parliamentary 
 
 SECTION 
 I 
 
 10 
 II 
 12 
 13 
 
 14 
 15 
 
 16 
 17 
 
 18 
 19 
 
 20 
 21 
 22 
 23 
 
 XXI 
 
xxu 
 
 Topical Analysis 
 
 (4) The departments of government, 
 
 a. Legislative 
 
 b. Executive . . . 
 
 c. Judicial .... 
 
 4. Sphere of State activity : 
 
 (i) Theories concerning 
 
 (2) Proper functions of government 
 
 a. Constituent. 
 
 b. " Ministrant." 
 
 (3) Limits of State interference . 
 
 5. Law, Liberty, Equality : 
 
 (i) Grovi^h of law 
 
 (2) The relation of law to liberty 
 
 (3) The kinds of law . . 
 
 (4) The kinds of liberty 
 
 (5) The kinds of equality . . 
 
 6. Processes in political growth : 
 
 (i) Society and its institutions 
 
 (2) Nature of revolution and evolution 
 
 (3) Some lessons of history, 
 
 a. Slavery 
 
 b. Mortality of States 
 
 c. Tendencies of modern development 
 
 24 
 
 25 
 26 
 
 27 
 28 
 
 29 
 
 30 
 31 
 32 
 
 33 
 
 34 
 
 35 
 36 
 
 37 
 39 
 
 PART I 
 HISTORICAL DEVELOPMENT 
 
 CHAPTER II 
 
 Development on English Soil. §§ 40-50 
 
 1, England before 1600: 
 
 (i) Liberty and government in Saxon England ... 40 
 
 (2) Essential factors in English constitutional development 41 
 
 (3) The Norman rule : general characteristics ... 42 
 
 (4) Contest between the Crown and the nobility, 
 
 a. Thirteenth century ...... 43 
 
 b. Fourteenth to sixteenth centuries .... 44 
 
 2. England at the close of the Tudor period : 
 
 (i) Central government 45 
 
 (2) Local governments 4^ 
 
 (3) The " rights of Englishmen " 47 
 
Topical Analysis 
 
 xxiu 
 
 Constitutional development since i6oo: 
 (i) The revolutions of the seventeenth century 
 
 (2) The cabinet system .... 
 
 (3) The constitution made democratic . 
 
 SECTION 
 
 . 48 
 . 49 
 • 50 
 
 CHAPTER III 
 
 The Colonial Period. §§ 51-79 
 
 1 . Introductory : 
 
 (i) The planting of colonies 
 
 (2) Influences affecting colonies 
 
 (3) Lines of political development . . . . 
 
 (4) The charter of 1606 . . ". . . . 
 
 2. The Southern colonies : 
 
 (i) General character of political and social conditions 
 
 (2) The first Virginia Assembly 
 
 (3) The people and the colonial government 
 
 (4) Local government 
 
 3. New England : 
 
 (i) General character of political and social conditions 
 
 (2) Early constitutional development in Massachusetts 
 
 (3) The Connecticut constitution (1639) 
 
 (4) The town meeting . . . 
 
 4. Middle colonies: 
 
 (i) New York 
 
 (2) Pennsylvania .... 
 
 5. Colonial government: 
 
 (i) General 
 
 (2) The charter as a colonial constitution 
 
 (3) The governor .... 
 
 (4) The legislature, 
 
 a. Organization and method of legislation 
 
 b. Development of a bicameral system 
 
 c. Growth of the power of the Assembly 
 
 (5) England and the colonies, 
 
 a. Relation of the colonies to the King 
 
 b. Parliament and the colonies . . 
 
 6. Liberty : 
 
 (i) Political freedom ..... 
 
 (2) Economic freedom .... 
 
 (3) Social and other inequalities among whites 
 
 (4) Slavery 
 
 51 
 
 52 
 53 
 54 
 
 55 
 56 
 57 
 58 
 
 59 
 60 
 61 
 62 
 
 63 
 64 
 
 65 
 66 
 
 67 
 
 68 
 69 
 70 
 
 71 
 72 
 
 73 
 74 
 
 75 
 76 
 
xxiv Topical Analysis 
 
 7. Union : section 
 
 (i) Union before 1 750 : New England Confederation . . 77 
 
 (2) Albany plan of union 78 
 
 Comparison of English and American constitutional de- 
 velopment 79 
 
 CHAPTER IV 
 
 The Revolution (1763- 1787). §§ 80-105 
 
 1. Introduction : 
 
 (i) Character of the Revolution 80 
 
 (2) Effects of the Revolution ...... 8i 
 
 (3) The situation in 1760 o . 82 
 
 2. The beginnings of revolution : 
 
 (i) The conflict precipitated, 
 
 a. New colonial policy of England .... 83 
 
 b. The Stamp Act .84 
 
 c. The Townshend acts ...... 85 
 
 (2) The organization of opposition, 
 
 a. Intercolonial committees of correspondence . . 86 
 
 b. The first Continental Congress .... 87 
 
 {a) The Congress called. 
 {J}) Its work and influence. 
 
 c. The second Continental Congress . . o . 88 
 
 {a) Powers. 
 (J)) Authority. 
 
 3. Union and independence during the war: 
 
 (i) Declaration of Independence, 
 
 a. History ...... .o. 89 
 
 b. Character ...... o 
 
 c. Influence ...... » 
 
 (2) The first state constitutions, 
 
 a. Formation and significance .... 
 
 b. Characteristics . . . . . . 
 
 4. The Confederation ; 
 
 (i) Formation of the Confederation .... 
 
 (2) Character of the Articles of Confederation 
 
 (3) Defects of the Confederation .... 
 
 (4) Failure of the Confederation ..... 
 
 5. Nationality and liberty during the Confederation : 
 
 (i) Development of conditions favorable to nationality 
 
 a. Commerce ....... 
 
 b. The public domain . . . . 
 
 c. Religious organizations . . , . . 
 
 90 
 91 
 
 92 
 93 
 
 94 
 
 95 
 96 
 
 97 
 
 98 
 
 99 
 100 
 
 lOJ 
 
Topical Analysis 
 
 XXV 
 
 (2) Political and social reform, 
 
 a. Religion .... 
 
 b. Class distinctions . 
 
 c. Political qualifications . 
 
 (3) Condition of the United States in 1787 
 
 SECTION 
 
 . 102 
 
 . 103 
 
 . 104 
 . 105 
 
 CHAPTER V 
 
 Cong: 
 
 ress 
 
 The Constitution (i 787-1 789). §§ 106-138 
 
 2. A convention called : 
 
 (i) Feeling regarding a constitutional convention 
 
 (2) The purpose of the Convention .... 
 
 (3) The members ....... 
 
 2. The work of the Convention : 
 
 (i) The question of nationalism, 
 
 a. Virginia plan .... 
 
 b. The contest over nationalism 
 
 c. The compromise over representation in 
 (2) Other questions and compromises 
 
 a. The three-fifths compromise 
 
 b. The last great compromise 
 
 c. Important details . 
 
 d. Method of amendment . 
 
 3. Ratification : 
 
 Ci) Influences affecting ratification 
 
 (2) The first states 
 
 (3) The later states 
 
 (4) The first ten amendments 
 
 4. The Constitution as completed: 
 
 (i) General character, 
 
 a. The Federal State 
 
 b. The central government and the Constitution (1787 
 
 and since) ..... 
 
 c. A government of checks and balances 
 
 d. Theories concerning the Constitution 
 
 (a) Compact theory . 
 (F) National theory . 
 
 e. The preamble .... 
 (2) The Congress, 
 
 a. The Senate ..... 
 
 b. The House of Representatives 
 
 c. Powers of Congress 
 
 106 
 107 
 108 
 
 109 
 no 
 III 
 112 
 
 "3 
 114 
 
 115 
 116 
 
 117 
 118 
 119 
 120 
 
 121 
 
 122 
 
 123 
 124 
 
 125 
 
 126 
 127 
 
 128 
 129 
 130 
 
XXVI 
 
 Topical Analysis 
 
 (3) Other departments, section 
 
 a. The Executive 131 
 
 b. The Judiciary . . , . , , .132 
 
 (4) Tlie nation and the states, 
 
 a. General relation 133 
 
 b. Prohibitions on the states . . . . • 134 
 
 c. Prohibitions and limitations on the United States 
 
 government . . . . . . '135 
 
 (5) Sources .......... 136 
 
 a. English sources 137 
 
 b. American sources ....,,. 138 
 
 CHAPTER VI 
 Nationality and Colonialism (i 789-1 81 5). §§ 139-161 
 
 1. The national era: 
 
 (i) Character of nationality ...... 
 
 (2) The three periods of national development . . . 
 
 (3) Conditions affecting nationality 
 
 2. Organization of the government : 
 
 (i) The executive, 
 
 a. The President 
 
 b. The executive departments 
 
 (2) The Congress 
 
 (3) The judiciary . . . 
 
 (4) Questions of policy, 
 
 a. Finance 
 
 {a) Revenue 
 (J)) Public debts 
 (r) National bank 
 
 b. Foreign affairs 
 Political parties : 
 
 (i) Formation of parties, 
 
 a. Democratic-Republican . , 
 
 b. Federalist party . . . , 
 (2) Federalist excesses and the results, 
 
 a. Alien and sedition laws 
 
 b. Virginia and Kentucky resolutions 
 
 c. "Revolution of 1800" . 
 Republican supremacy : 
 
 (i) Louisiana, 
 
 a. The purchase . . , , 
 
 b. Influence of the purchase . , 
 
 139 
 140 
 141 
 
 142 
 
 143 
 144 
 
 146 
 
 147 
 148 
 149 
 
 150 
 
 151 
 
 153 
 154 
 155 
 
 156 
 157 
 
Topical Analysis 
 
 xxvu 
 
 (2) Foreign domination 
 
 (3) Nationalist reaction 
 Development in the states : 
 
 (i) The westward movement 
 (2) The state constitutions . 
 
 158 
 159 
 
 160 
 161 
 
 CHAPTER VII 
 Nationality and Democracy (1815-1845). §§ 162-190 
 
 The movement toward democracy 
 
 1. The new nationality : 
 
 (i) Altered conditions, 
 
 a. Economic changes . . • 
 
 b. The United States Bank 
 
 (2) The westward movement, 
 
 a. Internal improvements . 
 
 b. The Missouri question, 
 
 {a) The Compromise . 
 
 (J)) Effects of the Compromise . ' 
 
 (3) The Supreme Court .... 
 
 (4) Foreign affairs 
 
 2. Political reorganization on a democratic basis : 
 
 (i) Democracy in the states (1815-1830) . 
 
 (2) Party changes 
 
 (3) New political methods, 
 
 a. The convention system . 
 
 b. Other methods . . • • 
 
 (4) The executive, 
 
 a. The presidency made democratic . 
 
 b. Results of the change . 
 
 3. Questions affecting nationality : 
 
 (i) Influences unfavorable to nationality, 
 
 a. The Cherokee Case 
 
 b. NuUification of the tariff 
 
 c. Other political questions 
 (2) Influences favorable to nationality, 
 
 a. The new states . . . • 
 
 b. Foreign immigration 
 
 c. Improved means of communication 
 
 4. Phases of later democratic development (1830-1860) 
 
 (i) Constitutional changes 
 
 . 162 
 
 163 
 164 
 
 165 
 
 166 
 167 
 168 
 169 
 
 170 
 171 
 
 172 
 173 
 
 174 
 175 
 
 176 
 177 
 178 
 
 179 
 
 180 
 181 
 182 
 183 
 
xxvm 
 
 Topical Analysis 
 
 (2) Changes in state government, 
 
 a. Executive and legislative branches 
 
 b. The judiciary . . . , 
 
 (3) Increased state activity, 
 
 a. Finance . . . » , 
 
 b. Education . . . . . 
 
 c. Equalization of rights 
 
 (4) Local government, 
 
 a. Towns and counties . . , 
 
 b. Municipal government . . , 
 
 184 
 
 185 
 
 186 
 
 187 
 
 189 
 190 
 
 CHAPTER VIII 
 
 Nationality and Slavery (1845-1877). §§ 191-214 
 
 Slavery and the South ..... 
 
 1. Slavery before 1845 " 
 
 (i) Slavery in the States .... 
 
 (2) Slavery in national territory . 
 
 (3) Increase of sectionalism 
 
 2. Slavery in the territories (1845- 1860) • 
 
 (i) The Compromise of 1850 
 
 (2) The Kansas-Nebraska Bill 
 
 (3) The Dred Scott Case . . » . 
 
 3. Secession and Civil War : 
 
 (i) Secession ...... 
 
 (2) Comparison of the North and the South, 
 
 a. The South and the North in 1776 
 
 b. The South (i 776-1861) 
 
 c. Advantages of the North over the 
 
 (3) The situation in 1861 
 
 (4) The failure of secession 
 
 (5) The Constitution during the Civil War 
 
 4. Reconstruction 
 
 (i) Restoration, 
 
 a. Status of the seceded states . 
 
 b. Plans of restoration 
 
 (2) Early reconstruction period, 
 
 a. Negro legislation . 
 
 b. Military reconstruction . 
 
 c. Impeachment of President Johnson 
 
 d. Effect of the verdict on impeachment 
 
 (3) Later reconstruction, 
 
 a. The constitutional amendments 
 
 South 
 
 191 
 
 192 
 
 193 
 194 
 
 195 
 196 
 
 197 
 
 198 
 
 199 
 200 
 201 
 202 
 203 
 204 
 205 
 
 206 
 207 
 
 208 
 209 
 210 
 211 
 
 212 
 
Topical Analysis 
 
 XXIX 
 
 SECTION 
 
 b. The Supreme Court on reconstruction questions . 213 
 
 c. The aftermath of reconstruction . . . .214 
 
 2. 
 
 CHAPTER IX 
 
 The New Nation (i 865-1 901). §§ 215-231 
 
 Economic features of the new nation : 
 (i) Changed economic conditions, 
 
 a. Conditions before the war 
 
 b. Conditions after the war 
 
 (2) Development of industry and commerce 
 
 (3) Government control of economic institutions. 
 
 a. The control of railroads 
 
 b. Regulations for industrial corporat 
 
 c. The tariff .... 
 
 d. The currency. 
 The states : 
 
 (i) The people and the state constitutions 
 
 (2) The suffrage 
 
 (3) Reform of elections 
 
 (4) Civil Service Reform 
 Foreign affairs : 
 
 (i) Cuba and the United States . 
 
 (2) Acquisitions of territory 
 The Constitution at the end of a century : 
 
 (i) The nation and the states 
 
 (2) The central government 
 
 (3) The unwritten constitution . 
 
 (4) Popular cooperation in government 
 
 215 
 216 
 
 217 
 
 218 
 219 
 220 
 221 
 
 222 
 223 
 224 
 225 
 
 226 
 227 
 
 228 
 229 
 230 
 231 
 
 PART II 
 
 GOVERNMENT 
 
 CHAPTER X 
 
 General Character of American Federalism. §§ 232-254 
 
 I. Centralization and decentralization : 
 
 (i) Centralizing tendencies in modern history . . . 232 
 (2) Centralization in the United States, 
 
 a. Before 1790 233 
 
 b. Since 1790 234 
 
XXX Topical Analysis 
 
 (3) Advantages of a federal system. section 
 
 a. Negative advantages ...... 235 
 
 b. Positive advantages ...... 236 
 
 (4) Disadvantages of a federal system ..... 237 
 
 2. The nation and the states : 
 
 (i) General distribution of powers 238 
 
 (2) The nation, 
 
 a. Sphere of national government .... 239 
 
 b. Powers exercised by the United States government 240 
 
 (3) Powers concurrently exercised by the United States or 
 
 the state governments 241 
 
 (4) Sphere of state activity 242 
 
 (5) Prohibitions and limitations, 
 
 a. Purpose and classes of prohibitions upon govern- 
 
 ment . • . 243 
 
 b. Prohibitions on the states 244 
 
 c. Prohibitions upon the United States government . 245 
 
 (6) Interdependence of the national and state governments 246 
 
 3. American citizenship : 
 
 (i) Dual character of American citizenship . . . . 247 
 
 (2) The Fourteenth Amendment, 
 
 a. Definition of citizenship ..... 248 
 
 b. Interpretation of the amendment (Slaughter House 
 
 Cases) ........ 249 
 
 (3) Privileges and immunities of citizenship, 
 
 a. United States citizenship ..... 250 
 
 b. State citizenship . . . . . . .251 
 
 (4) Naturalization . . 252 
 
 4. The future of the Federal State : 
 
 (i) The permanence of American federalism . . •253 
 (2) Conditions affecting American federalism . . . 254 
 
 CHAPTER XI 
 
 The Senate. §§ 255-276 
 
 I. Regulations for both houses: 
 
 (i) The Congress 255 
 
 a. The bicameral legislature in history . . . 256 
 
 b. Sessions of Congress 257 
 
 (2) Membership, 
 
 a. Privileges of members . , . • • . 258 
 
 b. Compensation ....... 259 
 
Topical Analysis 
 
 XXXI 
 
 2. 
 
 (3) Legislation, 
 
 a. Method of legislation . 
 
 b. Difficulties in passing laws, 
 
 («2) Obstruction . 
 {b) Conference committees 
 (c) Congress and the veto . 
 The Senate : membership and organization 
 (i) Composition of the Senate 
 
 a. The upper houses in other countries 
 
 (2) Qualifications of senators 
 
 (3) Elections, 
 
 a. Present method 
 
 b. Proposed changes . 
 
 (4) Organization, 
 
 a. Officers . . . , „ 
 
 b. Committees .... 
 
 c. Senate regulations. 
 Special powers of the Senate : 
 
 (i) Appointment , . , , 
 
 (2) Treaties . . . . » 
 
 (3) Method of impeachment 
 
 (4) Other special powers 
 
 (5) Sources of senatorial influence 
 
 SECnON 
 
 . 260 
 
 . 261 
 
 . 262 
 
 . 263 
 
 . 264 
 
 . 265 
 
 . 266 
 
 . 267 
 
 . 268 
 
 CHAPTER XII 
 
 The House of Representatives. §§ 277-300 
 
 Composition : 
 
 (1) General, 
 
 a. Theory of membership . 
 
 b. Method of apportionment 
 
 (2) Term and qualification of representatives 
 
 (3) Election, 
 
 a. Congressional districts . 
 
 b. Proportional representation . 
 
 c. Contested elections 
 Organization and work of the House : 
 
 (i) General character .... 
 
 (2) Committee on rules 
 
 (3) The speaker, 
 
 a. Power ..... 
 
 b. Growth of the speaker's power 
 
 277 
 278 
 279 
 
 280 
 281 
 282 
 
 283 
 
 284 
 
 285 
 286 
 
xxxu 
 
 Topical Analysis 
 
 I. 
 
 2. 
 
 (4) The committee system, 
 
 a. Development and methods . 
 
 b. Criticisms ...... 
 
 (5) The legislative process, 
 
 a. The course of a bill .... 
 
 b. The transaction of business . 
 
 c. The committees of the whole 
 Special powers of the House : 
 
 (i) Regarding revenue, 
 
 a. The raising of revenue .... 
 
 b. Sources of revenue .... 
 
 c. Difficulties encountered by the committee 
 
 and means ...... 
 
 (2) The regulation of expenditure 
 
 (3) The reform of financial methods . 
 
 (4) Election of a President ..... 
 Position of the House : 
 
 (i) Characteristics ...... 
 
 (2) The House and the Senate .... 
 
 (3) The future organization of the House . 
 
 CHAPTER XIII 
 
 The Powers of Congress. §§ 301-325 
 
 on 
 
 ways 
 
 General powers ..... 
 Financial : 
 
 (i) Taxation ..... 
 
 (^2) Borrowing money .... 
 Military : 
 
 (i) Military power and the army . 
 
 (2) The militia . . 
 
 (3) The navy 
 
 (4) Coast defence .... 
 Territorial : 
 
 (1) Territorial control, 
 
 a. Views regarding . . , 
 
 b. Principles of . . , , 
 
 (2) Acquisition of territory . . , 
 
 (3) Territorial government, 
 
 a. Organized territories . , 
 
 b. District of Columbia . 
 
 (4) Admission of new states, 
 
 a. Usual methods 
 
 b. Limitations upon admission of 
 
 287 
 288 
 
 289 
 290 
 291 
 
 292 
 293 
 
 294 
 
 295 
 296 
 
 297 
 
 298 
 299 
 300 
 
 301 
 
 302 
 303 
 
 304 
 
 305 
 306 
 
 307 
 
 308 
 
 309 
 310 
 
 311 
 312 
 
 313 
 314 
 
Topical Analysis 
 
 xxxiu 
 
 (5) Congress in the states .... 
 Commercial : 
 (i) Foreign commerce, 
 
 a. The subject in the Convention of 1787 
 
 b. Means of promoting foreign commerce 
 
 (2) Interstate commerce .... 
 
 (3) Commercial regulations relating to 
 
 a. Bankruptcy laws .... 
 
 b. Coins . . . ... 
 
 c. Weights and measures . 
 Miscellaneous : 
 
 (i) Naturalization ..... 
 
 (2) Treason and piracy .... 
 
 (3) Other powers 
 
 (4) The elastic clause 
 
 SECTION 
 
 316 
 
 318 
 
 319 
 320 
 321 
 
 322 
 323 
 324 
 325 
 
 CHAPTER XIV 
 
 The President. §§ 326-351 
 
 Position of the President .... 
 
 1, Election : 
 
 (i) Constitutional provisions, 
 
 a. Qualifications .... 
 
 b. Term and compensation . » 
 
 c. First method of election 
 
 (2) Present method of election, 
 
 a. Nomination ..... 
 
 b. The campaign .... 
 
 c. The electoral college, 
 
 {a) Selection of presidential electors 
 (J)) Counting the votes 
 
 (3) Other plans for choosing the President . 
 
 (4) The presidential succession . 
 
 (5) The inauguration 
 
 2. Powers : 
 
 (i) Introductory, 
 
 a. History of the President's power , 
 
 b. The execution of law 
 (2) Military, 
 
 a. General military powers in time of war 
 
 b. In internal aifairs .... 
 
 326 
 
 327 
 328 
 
 329 
 
 330 
 331 
 
 332 
 
 334 
 335 
 336 
 
 337 
 
 339 
 340 
 
XXXIV 
 
 Topical Analysis 
 
 (3) Appointment and removal, 
 
 a. Appointment, 
 
 {a) In history . 
 (<5) At present . 
 {/) Observations on the power 
 
 b. Removal .... 
 
 c. The civil service 
 
 (4) Legislative, 
 
 a. Historical .... 
 
 b. The President's message 
 
 c. The veto .... 
 
 (5) Foreign affairs, 
 
 a. Treaties .... 
 
 b. Other foreign affairs 
 
 (6) Judicial power .... 
 
 SECTION 
 
 CHAPTER XV 
 
 The Executive Departments. §§ 352-373 
 
 The departments and the Cabinet 
 
 1. The Department of State : 
 
 (i) Duties of the Secretary . 
 (2) Representatives abroad, 
 
 a. The diplomatic service 
 
 b. Consuls . 
 
 c. Reform of the system 
 
 2. The post-office : 
 
 (i) History and purpose 
 
 (2) Organization and work . 
 
 (3) Defects of the postal system 
 
 3. The Interior Department : 
 
 (i) The department in general 
 
 (2) Land policy . 
 
 (3) Pensions 
 
 (4) Indian affairs 
 
 (5) Patent office . 
 
 (6) Other bureaus 
 
 4. Other departments : 
 
 (i) The Treasury Department 
 
 (2) The War Department , 
 
 (3) The Navy Department . 
 
 (4) The Department of Justice 
 
 (5) Department of Agriculture 
 
Topical Analysis 
 
 XXXV 
 
 Bureaus and commissions outside the Cabinet : 
 (i) The Department of Labor 
 
 (2) The industrial commission 
 
 (3) Other commissions .... 
 
 SECTION 
 
 • 371 
 
 • 372 
 
 • 373 
 
 CHAPTER XVI 
 The Judicial Department. §§ 374-388 
 
 1. The judiciary and the Constitution : 
 
 (i) Position of the courts in our constitutional system 
 
 (2) Unconstitutional legislation, 
 
 a. Declaring laws unconstitutional 
 
 b. Historical use of the power . 
 
 (3) Some rules of judicial interpretation 
 
 2. The judicial department as a whole : 
 
 (i) The system of courts .... 
 
 (2) Term and appointment of judges . 
 
 (3) Jurisdiction, 
 
 a. Classes of cases .... 
 
 b. Methods and jurisdiction : historical 
 
 (4) Relation to state courts .... 
 
 3. The Supreme Court : 
 
 (i) Organization. . . , . . 
 (2) Jurisdiction ...... 
 
 4. Inferior courts 
 
 (i) Circuit court of appeals . 
 
 (2) Circuit courts ..... 
 
 (3) District courts ..... 
 
 (4) Court of claims 
 
 374 
 
 375 ^' 
 
 376 
 
 377 
 
 378 
 379 
 
 380 
 
 381 
 382 
 
 383 
 
 384 
 
 385 
 386 
 
 387 
 388 
 
 CHAPTER XVII 
 
 The Relations of the Three Departments. 
 §§ 389-407 
 
 Introductory : the two demands on a government organization 389 
 General relations of executive and legislature : 
 (i) Two types of government 390 
 
 (2) The Cabinet system, 
 
 a. Character . 391 
 
 b. Advantages 392 
 
 c. Under English and American conditions . . 393 
 
 (3) Presidential government, 
 
 a. Character . . . . . • ; • • 394 
 
 b. Advantages . . . , , , , . 395 
 
XXXVl 
 
 Topical Analysis 
 
 Congress and the President : 
 (i) Congressional control 
 
 a. Over the executive departments 
 
 b. Over the President 
 
 c. The Senate and the President 
 
 (2) Executive independence, 
 
 a. Executive domination of Congress 
 
 b. Uncontrolled power of the President 
 
 (3) Cooperation betv^een the departments, 
 
 a. At present ..... 
 
 b. As affected by political parties 
 
 c. Closer union of the departments . 
 The courts and the other departments : 
 
 (1) Congress and the courts, 
 
 a. Influence of the judiciary over Congress 
 
 b. Judicial dependence upon Congress 
 
 (2) The President and the courts 
 Conclusion : the departments in the states . 
 
 SECTIOM 
 
 396 
 
 397 
 398 
 
 399 
 400 
 
 401 
 
 402 
 403 
 
 404 
 
 405 
 406 
 40; 
 
 CHAPTER XVIII 
 
 The States : Constitutions and Government. §§ 408-437 
 
 Introductory : 
 
 Position of the states 408 
 
 Uniformities and diversities among the states , . 409 
 
 1. The constitutions : 
 
 (i) History, 
 
 a. The development of the written constitution , . 410 
 
 b. The three stages in constitution making . .411 
 
 (2) Formation, 
 
 d!. Process of forming a constitution at the present . 412 
 
 b. Amendment 413 
 
 c. Frequency of changes . , , • . • 414 
 
 (3) Features, 
 
 a. Contents 4^5 
 
 b. Bills of rights , , 416 
 
 2. The legislature : 
 
 (i) The state government in general 417 
 
 (2) Organization, 
 
 a. Composition of the Senate 4^8 
 
 b. Composition of the lower house . . . '4^9 
 
 c. Sessions ......«» 420 
 
 d. Legislative regulations 421 
 
Topical Analysis 
 
 xxxvu 
 
 ^3) Limitations and prohibitions on legislation, 
 
 a. Prohibitions, 
 
 {a) Due to legislation by constitutional 
 
 vention ..... 
 {b) Powers not exercised by any authority 
 
 b. Limitations regarding 
 
 (a) Local and special legislation 
 {F) Legislative procedure . 
 {c) Finance 
 (4) Character, 
 
 a. Real power .... 
 
 b. Powers of the separate houses 
 
 c. Defects .... 
 The executive : 
 
 (i) Decentralization of the administration 
 
 (2) Powers of the governor . 
 
 (3) Central executive officials 
 
 (4) Term and qualifications of officials 
 The judiciary : 
 
 (i) General 
 
 (2) System of courts .... 
 
 (3) The judges, 
 
 a. Selection .... 
 
 b. Term and qualifications . 
 
 422 
 423 
 
 424 
 
 425 
 426 
 
 427 
 
 428 
 429 
 
 430 
 431 
 432 
 433 
 
 434 
 
 435 
 
 436 
 437 
 
 CHAPTER XIX 
 
 Some Phases of State Activity. §§ 438-465 
 
 1. Uniformity and diversity in state laws : 
 
 (i) General 438 
 
 (2) Disadvantages of diversity in relation to, 
 
 a. Marriage and divorce 439 
 
 b. Control of corporations 44° 
 
 c. Criminal legislation 44^ 
 
 (3) Uniformity, 
 
 a. Lack of uniformity an apparent rather than a real evil 442 
 
 b. ISIeans of producing greater uniformit}'- . . . 443 
 
 c. Extent of uniformity 444 
 
 2. The public school system : 
 
 (i) Evolution 445 
 
 (2) State regulations, 
 
 a. State systems of education 44^ 
 
 b. The state school board and superintendent . . 447 
 
XXX VIU 
 
 Topical Analysis 
 
 (3) Administration, 
 
 a. Local school administration . . 
 
 b. School finances .... 
 
 (4) The preparation and selection of teachers 
 Control of the liquor traffic : 
 
 (i) The liquor problem 
 
 (2) Systems of state control 
 
 a. The dispensary 
 
 b. The license system 
 
 c. State prohibition . 
 
 d. Local option . 
 
 (3) General results of liquor legislation and control 
 Punishment and reformation : 
 
 (1) Historical 
 
 (2) Penal institutions, 
 
 a. The state prisons ..... 
 
 b. The state reformatories . . . 
 
 c. Local institutions . . . . 
 
 (3) The problem of correction and reformation . 
 Conclusion : 
 
 (i) Other state activities 
 
 (2) Increase of state activity .... 
 
 (3) State finance 
 
 SECTION 
 448 
 
 449 
 450 
 
 451 
 452 
 453 
 454 
 455 
 456 
 457 
 
 458 
 
 459 
 460 
 
 461 
 462 
 
 463 
 
 464 
 
 465 
 
 CHAPTER XX 
 
 Town and County Government. §§ 466-487 
 
 1. The state and the localities : 
 
 (i) Legislative centralization of the state .... 466 
 
 (2) Administrative decentralization, 
 
 a. Characteristics ....... 467 
 
 b. How its dangers are avoided 468 
 
 (3) Home rule in rural districts 469 
 
 (4) Types of local government 470 
 
 2. Town government : 
 
 (i) The New England town, 
 
 a. Historic changes in , , , , . • 471 
 
 b. The town meeting 472 
 
 c. Town officials ....... 473 
 
 (2) Other towns, 
 
 a. The New York town ...... 474 
 
 b. The township in the West 475 
 
Topical Analysis 
 
 xxxix 
 
 County government : 
 (i) The New England county 
 
 (2) The Southern county 
 
 (3) The county in general, 
 
 a. The county board . 
 
 b. Chief officials 
 
 c. Other officials 
 
 (4) Incorporated villages 
 Functions of local government : 
 
 (i) General 
 
 (2) Public charities, 
 
 a. Private and public charity 
 
 b. State boards of charities 
 
 c. Local charities, 
 
 {a) The almshouse 
 
 {h) Other local charities 
 
 (3) The rural roads 
 
 SECTION 
 
 476 
 477 
 
 478 
 479 
 
 480 
 481 
 
 482 
 
 483 
 484 
 
 485 
 486 
 
 487 
 
 CHAPTER XXI 
 
 The Municipality. §§ 488-515 
 
 1. General: 
 
 (i) Some problems of the city 488 
 
 (2) Development of municipal government .... 489 
 
 (3) The twofold functions of the city 490 
 
 (4) The charter, 
 
 a. How prepared 491 
 
 b. Reform in charter making 492 
 
 2. Government : 
 
 (1) The council, 
 
 a. Organization 493 
 
 b. Powers 494 
 
 (2) Administrative organization, 
 
 a. The mayor 495 
 
 b. Other elected officials 496 
 
 c. Departments, 
 
 {a) General organization 497 
 
 {b) Police, fire, and school departments , . 498 
 
 d. The civil service 499 
 
 (3) Municipal courts 5CX) 
 
 3. Functions and finance : 
 
 (i) Two sets of functions 501 
 
 (2) Administrative functions, 
 
 a. Care and protection of the streets .... 502 
 
xl 
 
 Topical Analysis 
 
 b. Police regulations . 
 
 c. Miscellaneous functions 
 
 (3) Industrial functions, 
 
 a. Water supply 
 
 b. Gas and electric lighting 
 
 c. Miscellaneous business enterprises 
 
 (4) The granting of franchises 
 
 (5) Finance, 
 
 a. Sources of revenue 
 
 b. Items of expense . 
 
 c. Municipal debts 
 Municipal reform through 
 
 (i) Restriction of the suffrage 
 
 (2) Awakened popular interest . 
 
 (3) Separation of state and city elections 
 
 (4) Municipal home rule 
 
 SECTION 
 
 503 
 504 
 
 505 
 506 
 
 507 
 508 
 
 509 
 510 
 
 514 
 
 PART III 
 
 POLICIES AND PROBLEMS 
 
 CHAPTER XXII 
 
 Suffrage and Elections. §§ 516-531 
 
 1. The suffrage : 
 
 (i) Historical changes in the suffrage . 
 
 (2) The suffrage at present, 
 
 a. Citizenship and residence 
 
 b. Special restrictions .... 
 
 (3) Woman suffrage ...... 
 
 2. Control of elections : 
 
 (i) Improved means of ascertaining the popular will 
 
 (2) Preelection requirements .... 
 
 (3) The ballot, 
 
 a. History ....... 
 
 b. Ballot reform 
 
 c. Polling the votes 
 
 (4) " Corrupt practices " acts .... 
 
 3. Proportional representation : 
 
 (i) Plans actually used 
 
 (2) Suggested improvements .... 
 
 516 
 
 518 
 
 520 
 521 
 
 522 
 523 
 524 
 525 
 
 526 
 527 
 
Topical Aftalysis 
 
 xU 
 
 Direct legislation : 
 (i) Methods, 
 
 a. The referendum 
 
 b. The initiative 
 (2) Results, 
 
 a. Advantages . 
 
 b. Disadvantages 
 
 SECTION 
 
 530 
 531 
 
 CHAPTER XXIII 
 The Political Party. §§ 532-553 
 
 The place of the political party in our political system 
 
 1. History of political parties : 
 
 (i) The earliest parties, 
 
 a. The Federalists ..... 
 
 b. The Democratic- Republicans 
 
 (2) The middle period, 
 
 a. The Democratic party (1824-1852) 
 
 b. The Whigs 
 
 (3) Recent parties, 
 
 a. The second reorganization (1852-1860) 
 
 b. The parties since i860 .... 
 
 c. Recent presidential campaigns, 
 
 («) The tariff campaigns . 
 
 (b) The campaigns of 1896 and 1900 
 
 2. Organization and work : 
 
 (i) The work of a party 
 
 (2) The permanent committees, 
 
 a. General ...... 
 
 b. The national committee 
 
 c. State and local committees . 
 
 d. The boss and the machine 
 
 (3) The nominating system, 
 
 a. The national convention, 
 
 {a) Composition and organization 
 {b) The platform and the nominees . 
 
 b. State and local conventions . 
 
 c. The primary 
 
 3. Control of parties and reform of methods : 
 
 (i) The primary, 
 
 a. Reform of 
 
 b. Public control of 
 
 (2) Nominations, 
 
 a. Importance of 
 
 b. Direct nominations « o • • 
 
 532 
 
 533 
 
 534 
 
 535 
 536 
 
 537 
 538 
 
 539 
 540 
 
 541 
 
 542 
 543 
 544 
 545 
 
 546 
 
 547 
 548 
 
 549 
 
 550 
 551 
 
 552 
 553 
 
xlii Topical Analysis 
 
 CHAPTER XXIV 
 
 Constitutional and Legal Rights. §§ 554-573 
 
 Introduction : section 
 
 (i) The bills of right in history and law .... 554 
 (2) Classification of legal rights ...... ccc 
 
 1. Rights guaranteed by the United States Constitution : 
 
 (i) General ^56 
 
 (2) Against all government 557 
 
 (3) Against the national government in respect to 
 
 a. Freedom of speech and of religion . . . 558 
 
 b. Personal security 559 
 
 c. Other matters 560 
 
 (4) Against the state governments, 
 
 a. By prohibiting laws impairing the obligation of 
 
 contracts ........ 561 
 
 b. By guaranteeing protection through " due process 
 
 of law " 562 
 
 2. Rights guaranteed by the state constitutions and laws : 
 
 (i) The state bills of rights 563 
 
 (2) Against the state governments in respect to 
 
 a. Religious freedom ...... 564 
 
 b. Freedom of speech and the press .... 565 
 
 c. Private property t;66 
 
 d. Rights of a person accused of crime . . . 567 
 
 (3) Rights protected under the laws and codes, 
 
 a. Under the penal codes ...... 568 
 
 b. In suits at law or in equity ..... 569 
 
 c. Homestead exemption laws . . . . .570 
 
 3. Rights secured through trial by jury : 
 
 (i) Extensive use of the system 571 
 
 (2) Results of the system, 
 
 a. Advantages 572 
 
 b. Disadvantages . . . . , , '573 
 
 CHAPTER XXV 
 
 Taxation. §§ 574-592 
 I. Introductory: 
 
 (i) The question of taxation 574 
 
 (2) Characteristics of a good tax 575 
 
 (3) Tax terms 576 
 
 (4) The cost of government 577 
 
Topical Analysis 
 
 xliii 
 
 2. National taxes : . 
 
 (i) The national tax system 
 
 (2) History of national taxes , 
 
 (3) Operation 01 custom duties . 
 
 (4) Internal revenue system, 
 
 a. Ordinary internal taxes . 
 
 b. History of internal revenue taxation 
 
 c. Income taxes 
 
 (5) Other national taxes 
 
 (6) Administration of national taxes . 
 
 3. State and local taxes .... 
 
 (i) The general property tax, 
 
 a. Its character .... 
 
 b. Difficulties in assessment 
 
 c. Defects ..... 
 
 d. Equalization .... 
 
 (2) Corporation taxes .... 
 
 (3) Special assessments 
 
 SECTION 
 
 578 
 579 
 580 
 
 581 
 582 
 
 583 
 584 
 
 585 
 586 
 
 587 
 588 
 
 589 
 590 
 591 
 592 
 
 CHAPTER XXVI 
 Money. §§ 593-604 
 
 The two functions of money 
 
 1. Monometallism and bimetallism : 
 
 (i) Government and the money system 
 
 (2) Bimetallism, 
 
 a. Effect of bimetallism 
 
 b. Its advantages and disadvantages 
 
 (3) Monometallism .... 
 
 2. History of money in the United States : 
 
 (i) The money standard, 
 
 a. From 1792 to 1870 
 
 b. From 1870 to 1900 
 
 (2) Paper money, 
 
 a. In our early history 
 
 b. Treasury notes since i860 
 
 c. National bank notes 
 
 (3) The Act of 1900 .... 
 
 (4) Present forms of money 
 
 593 
 
 594 
 
 595 
 596 
 597 
 
 598 
 599 
 
 600 
 601 
 602 
 603 
 604 
 
xliv Topical Analysis 
 
 CHAPTER XXVII 
 
 Commerce, Industry, and Labor. §§ 605-623 
 
 SECTION 
 
 Trade, industry and the State 605 
 
 1. The tariff: 
 
 (i) Two views regarding the purpose of the tariff, 
 
 a. Free trade 606 
 
 b. Protection 607 
 
 (2) Our tariff history, 
 
 a. Our early tariffs 608 
 
 b. Development of a highly protective tariff . . 609 
 
 c. Recent tariffs . 610 
 
 2. Control of domestic commerce : 
 
 (i) General 611 
 
 (2) The first Interstate Commerce Commission . . .612 
 
 (3) The present Interstate Commerce Commission . .613 
 
 (4) State railway regulation 614 
 
 3. Regulation of industry : 
 
 (i) Government control of corporations .... 615 
 
 (2) Evolution of the trust ....... 616 
 
 (3) Control of trusts 617 
 
 (4) National trust regulation 618 
 
 4. Labor legislation : 
 
 (i) Historical 619 
 
 (2) Legal protection of the employee 620 
 
 (3) Industrial accidents ....... 621 
 
 (4) Attitude of government toward labor disputes . . 622 
 
 (5) Conservation of labor 623 
 
 CHAPTER XXVIII 
 
 Foreign Affairs and Colonies. §§ 624-632 
 
 Increased importance of foreign affairs .... 624 
 
 I. Some chapters of American diplomatic history: 
 
 (i) The treaty of 1 783 625 
 
 (2) The diplomacy of the Civil War ..... 626 
 
 (3) The Monroe Doctrine, 
 
 a. Some early applications ..... 627 
 
 b. In recent history ....... 628 
 
 (4) The United States as a World Power .... 629 
 
 (5) American influence on world peace .... 630 
 
Topical Analysis 
 
 xlv 
 
 2. The government of colonies : 
 
 (i) Our experience with colonies 
 (2) Our colonial governments 
 
 CHAPTER XXIX 
 
 Natural Resources. §§ 633-652 
 
 1. Conservation: 
 
 (i) General. . . . . 
 
 (2) Beginning of conservation movement 
 
 (3) The law and the problem 
 
 2. National land policy — general : 
 
 (i) Creation of the public domain 
 
 (2) Disposal of public lands in the past, 
 
 a. Sale of agricultural lands 
 h. Grants of public lands . 
 
 (3) Agricultural land laws, 
 
 a. Homestead law 
 
 b. Western land laws 
 
 c. Reclamation work 
 
 (4) Significance of agricultural land policy 
 
 3. Policy regarding water and timbers : 
 
 (i) Forests, 
 
 a. Government forest reserves . 
 
 b. Forest policies of our governments 
 
 (2) Water, 
 
 «. Water conservation 
 
 b. Water power .... 
 
 (3) Waterways, 
 
 a. Inland waterways .... 
 
 b. Development of waterways . 
 
 4. Other resources : 
 
 (i) Minerals, 
 
 a. Mineral fuels ..... 
 
 b. Other minerals ..... 
 (2) Conservation of other resources 
 
 The past and the future .... 
 
 CHAPTER XXX 
 
 The Duties of Citizenship. §§ 653-658 
 
 I. The twin virtues of citizenship : 
 
 (i) Knowledge and action 
 
 (2) The knowledge that makes for good citizenship 
 
 (3) Knowledge and action as twin virtues . 
 
 SECTION 
 
 631 
 632 
 
 634 
 
 636 
 
 637 
 638 
 
 639 
 
 640 
 641 
 642 
 
 643 
 644 
 
 645 
 645 
 
 647 
 648 
 
 649 
 650 
 
 651 
 
 652 
 
 653 
 
 654 
 
 655 
 
xlvi 
 
 Topical Analysis 
 
 2. Application of the twin virtues : section 
 (i) Analogies from experience 656 
 
 (2) The injustice of pessimism '657 
 
 (3) Patriotism 658 
 
 APPENDICES 
 
 A. The Articles of Confederation . 
 
 B. The Constitution of the United States 
 
 C. Prominent National Officials 
 
 D. The States — Area and Population 
 
 E. The State Constitutions. 
 
 F. Suffrage Requirements . 
 
 G. The State Governments . 
 
 PAGE 
 
 561 
 
 570 
 
 588 
 
 590 
 592 
 6cx> 
 610 
 
A TEXT-BOOK IN CIVICS 
 
 FOR 
 
 HIGH SCHOOLS AND COLLEGES 
 
THE 
 AMERICAN FEDERAL STATE 
 
 CHAPTER I 
 
 SOME ELEMENTS OF POLITICS 
 General References 
 
 Hinsdale, American Government. Introduction. A good summary. 
 
 '^'iWow^hy, Rights and Duties of American Citizenship. Parti. An 
 excellent elementary discussion. 
 
 Wilson, The State. Historical and comparative accounts of ancient 
 and modern States. Very useful. 
 
 Bluntschli, Theory of the Modern State. The best book covering the 
 whole subject. 
 
 Crane and Moses, Politics. 
 
 Burgess, Political Science and Com,parative Constitutional Law. 2 vol- 
 umes. Very valuable. 
 
 Woolsey, Political Science. 2 volumes. 
 
 Pollock, Introduction to the History of the Science of Politics. 
 
 Sidgwick, Elements of Politics. 
 
 Willoughby, An Examination of the Nature of the State. 
 
 Smith, Theory of the State. 
 
 Lieber, Civil Liberty and Self- Government. 
 
 McKechnie, The State and the Individual. 
 
 Goodnow, Co77iparative Administrative Law. 2 volumes. 
 
 Lalor, Cyclopedia of Political Science, under the different subjects 
 treated. 
 
 I. Development of Political Societies. — Since the earli- From small 
 est historical periods men have been accustomed to associ- ^^™P ^ ^°™' 
 
 ^ munities to 
 
 ate with one another. At the first there would be only a large com- 
 few who, because they were related by blood or lived near P-^^ ones.- 
 each other, felt they were bound together on account of 
 
 B I 
 
2 The American Federal State 
 
 common interests and usually to avoid common dangers. 
 In these primitive little societies there was ordinarily some 
 one man who was looked upon as leader. Sometimes it was 
 his age, sometimes his position by birth, and often his selec- 
 tion by his fellows that made him the head man, but in 
 every case the members of the society felt bound to treat 
 him with respect and obey his commands. But they were 
 also bound to one another and realized that each one owed 
 something to every other because they were members of 
 the same society. As these societies gradually became more 
 settled, they began to have diiferent and wider interests. In 
 time this led to the union of several of the smaller societies 
 in one large one, or in the absorption of several by the most 
 powerful. Gradually families became clans, clans became 
 tribes, and tribes became races, each with a government of 
 its own. Everywhere the process was going on, the organiza- 
 tion of the society becoming more perfect as the members 
 became more civilized. With increase of population it was 
 necessary to mark off the territorial limits that should sepa- 
 rate one people from another. These boundaries tended 
 to become more or less permanent, and the government as 
 well became less subject to change. What changes occurred 
 were due to the union or incorporation of these smaller 
 political societies into larger ones till great nations were 
 formed. 
 Scientific use 2. Definitions of the State. — In modem times it has 
 of the word been customary to call certain of these political societies 
 States. This name applies to any body of people occupy- 
 Burgess, Pol. i^g ^ fairly definite territory with an organized government, 
 Science, I, who are in no essential subject to any outside power. Or 
 49-57- ^g j^g^y py|. j^ briefly, and say that a State is an independent 
 
 Bluntschli political society. In this sense, it would be incorrect to speak 
 Theory of the of the State of New York or Ohio ; for while these " states " 
 a e, 15-23. ^^^ without question political societies, a great many interests 
 of their members are cared for by a government outside the 
 " state " or commonwealth. On this account, we must be 
 
 The two uses -r 1 • 1 -i 1 
 
 in this book careful not to confuse the two uses. In this book, when a 
 
Some Elements of Politics 3 
 
 real State is meant, the word will be capitalized and used 
 as much as possible in the singular, when a " state " like 
 Massachusetts is spoken of, no capital will be employed, and 
 the plural will be used. 
 
 3. The Nation. — The word nation is frequently used as Distinction 
 synonymous with State, but it really expresses a different t>etweenthe 
 
 "' -^ •' ^ nation and 
 
 idea. In a broad sense, a nation includes all of the people the state. 
 of any race. For example, the German nation in that sense Hinsdale 
 includes not only the Germans hving in the German empire, § 9. 
 but all other Germans in the neighboring States. But nation Burgess, Pol 
 is more commonly used in a limited sense. In that case. Science, i, 
 the nation is the body of people having a common origin ^~^' 
 and living under a single government within a definite terri- Biuntschii, 
 tory. As used in a broad sense, the English nation would 
 include all people of English blood anywhere on the globe, ^^^ ^^p,. 
 but as used in the narrower sense, we may have an American tics, chap. II, 
 nation as well. What, then, is the difference between a 
 modern State and the nation (using the word with limited 
 meaning) ? It is this. The State is z. political organization; 
 while the nation is a body of people belonging to the same race^ 
 with practically the same ideas and interests. The modern 
 State, it is true, is an organization of the whole people of a 
 territory for political purposes, but the people do not neces- 
 sarily form a nation. The population of almost every coun- 
 try at the present time is made up of different race elements, 
 and until these have been united, there can be no nation. 
 But even after this occurs, we may not be able to speak 
 with accuracy of the nationality of the people composing a 
 State. So long as any locality or any section is more impor- 
 tant to its inhabitants than the State as a whole, so long as 
 local or sectional interests predominate in one part of a 
 country, perfect nationality is lacking — the nation is yet in the 
 process of formation. For this reason we can reahze with- 
 out difficulty that while modern States are usually nation 
 states, the State has as a rule been developed earher than 
 the nation. 
 
 4. Theories concerning the Origin of the State. — Men 
 
The American Federal State 
 
 Three 
 
 theories : of 
 divine right, 
 the contract, 
 and the 
 historical. 
 
 Hinsdale, 
 \\ I 2-16. 
 
 Wilson, The 
 State, \\ 14- 
 
 21. 
 
 The earliest 
 
 modern 
 
 theory. 
 
 Woolsey, 
 Pol. Science, 
 I, 196. 
 
 Bluntschli, 
 ibid., 286- 
 292. 
 
 Origin and 
 practical 
 failure of the 
 contract 
 theory. 
 
 have spent a great deal of time discussing the probable origin 
 of the State, and in trying to find out how States are really 
 formed now. They have usually accounted for it in one of 
 three ways : — 
 
 ( 1 ) That the State is a divine creation, and that the sov- 
 ereign rules by divine right, 
 
 (2) That when people became tired of living in a state of 
 anarchy without government, they came together and made 
 an agreement or contract to live with one another under 
 such a government as seemed best to them. 
 
 (3) That there has never been a time when men have 
 been without some kind of a government. That ages ago 
 when a child was born, it came into a society already exist- 
 ing, that the government was not a human but a natural 
 institution not greatly affected by the wishes of men. The 
 second theory emphasized the artificial character of the State, 
 the third the natural; the one stated that the intelligence 
 of man was the determining factor in forming the State, the 
 other that the State is the product of natural forces, of which 
 man is one, and of natural conditions. These three theories 
 have exerted considerable influence upon the history of 
 States during the last three hundred years, and the truth of 
 each, so far as they explain the character of States to-day 
 rather than their origin, can be best shown by briefly stating 
 their history. 
 
 5. The Theory of Divine Right. — The theory that exerted 
 the greatest influence at the beginning of the modern period 
 was that monarchs ruled by divine right. It was really an 
 outgrowth of the mediaeval idea of the interdependence of 
 the church and the State, and the sacredness of the oflice 
 occupied by the head of each. It was used by its advocates 
 to uphold the most absolute government of the monarch as 
 late as the beginning of the eighteenth century. 
 
 6. The Contract Theory. — As ecclesiasticism began to 
 lose its hold on the people, the supporters of absolute mon- 
 archy looked about for a firmer basis upon which to rest 
 their doctrine. They found this in the idea of the contract^ 
 
Some Elements of Politics 5 
 
 claiming that when men became tired of Hving in a state of Burgess, 
 
 anarchy, they came together and formally entered into a ^ ^ *' ' ^' 
 
 contract with one another and with some powerful person Bluntschli, 
 
 as ruler to estabhsh a government strong enough to protect ^^ '" '^^^~ 
 
 them. These theorists were in time, however, hoist on their 
 
 AVoolsey 
 own petard. For about the middle of the eighteenth cen- ^^^^^^ j_ j' 
 
 tury there arose a school of writers of whom Rousseau was 195. 197- 
 the leader, v/hich reasoned that the originators of the con- Paignon in 
 tract had estabHshed not an absolute but a popular govern- Laior, ill, 
 ment, that later the rulers had seized powers not intrusted 
 to them, and that the people had the right to rid themselves 
 of the usurpers. This gave them a resting-place for the 
 Archimedean lever which overthrew many established gov- 
 ernments in the old world and the new during the latter 
 part of the eighteenth century. When, however, they tried 
 to put these principles into practice, difficulties were encoun- 
 tered. Instead of being able to estabhsh such a government 
 as men desired, they found themselves obliged to organize 
 such a government as they could. The paper constitutions 
 that France tried just before the opening of the nineteenth 
 century proved the futility of making any other government 
 than one based on the pohtical experience of that State. 
 The truth that lay in the contract theory was no more than 
 this, — men may modify what already exists and change it so 
 that it is better adapted to existing conditions. 
 
 7. Natural or Historical Theory. — The failure of the The theory 
 
 ... .J defined, 
 
 contract theory m practice led people to revise their ideas. 
 
 It was seen that in all history societies and States have been Bluntschli, 
 
 111 ibid,, 300— 
 
 formed not by the contract of their members, but by growth ^^^^ 
 according to natural laws. That when these societies are 
 formed, they have everywhere grown out of previous socie- 
 ties. That when a government is formed the character of 
 that government is determined far more by the character 
 of the previous governments of the State than by pohtical 
 theories. This is clearly seen in our own history. At the ^"^ jj^^^" 
 time our state and federal constitutions were made, it was American 
 found that only those parts of the government worked well experience. 
 
The American Federal State 
 
 Social obli- 
 gations 
 natural and 
 inevitable. 
 
 which were not very different from similar devices used in 
 the colonies. The government adopted (in 1 787-1 789) by 
 the United States was a federal instead of a confederate or 
 national government, because neither a confederate nor na- 
 tional government was suited to the conditions ; and either 
 if tried must have failed. Confederate government had 
 been outgrown by the people ; but they were not ready for 
 a purely national one. The poHtical conditions prescribed 
 the limits beyond which it was useless to go; but within 
 these limits political intelligence held full sway. 
 
 8. Natural Theory and Social Duties. — A great many 
 who favored the contract theory of the State beHeved that 
 the society was largely a natural growth. It is needless to 
 say that those who hold the natural theory of the State are 
 much more inclined to look upon society as an organism. 
 This tendency has been greatly strengthened during recent 
 years by the vast increase of our knowledge concerning the 
 processes of growth in plants and animals and the applica- 
 tion of the laws discovered to societies and States. It has 
 therefore become quite customary to consider the State an 
 organism, subject to laws of growth and decay and com- 
 p'osed of parts which cannot be separated from the organism 
 without causing the death of both. While we must be care- 
 ful not to carry the analogy too far, there is unquestionably 
 a great deal of truth in it. For instance, it gives us a very 
 different conception of the social duties of the members of 
 the State from that we should obtain if we believed the State 
 was formed by contract. The member is a part of society 
 not because he wills it, but because he was born into it. He 
 may choose within certain limits in what State he will live, 
 but he must live in some State. If he separates himself 
 from one State without becoming a member of another, the 
 first State protects him wherever he goes, and to that State 
 he is responsible for his conduct. But he cannot become a 
 " stateless man." He may shirk and refuse to perform his 
 social duties, but he cannot get away from his obligations to 
 his fellows ; and, if his refusal to perform those social duties 
 
Some Elements of Politics j 
 
 injures the society of which he is a member, the society, 
 through the government of its State, will protect itself by 
 punishing him. 
 
 9. The Kinds of States. — Theoretically considered, the Classified 
 best classification of States is according to the location of Jhe°ocatk)*° 
 the sovereign or supreme power of the State which compels of sov- 
 everything else in the State to obey it. If sovereignty re- ^^^^snty. 
 sides in a single individual, we call the State a monarchy. Bluntschii, 
 If a class of persons limited in number have the power to ^'^^^•.338-342. 
 exact obedience to their wishes, it is an aristocracy. When Burgess, 
 the whole people organized to form the State are sovereign, ^'^^^■. 1,68-82. 
 it is a democracy. 
 
 10. Historical Forms of States. — History, however, fur- Ancient and 
 nishes us with a very different classification based upon no states 
 real principles. The earliest State produced in ancient 
 
 times grew up with the city as its centre. The most perfect Bluntschii, 
 examples of the City State were furnished by Greece. In jy chaps. 
 Rome the idea of the city State grew into the World State ^ ii-iv. 
 but with the city at the centre. During mediaeval times 
 such States as existed were Feudal States, in which the 
 territorial subdivisions were bound to the head of the State 
 by feudal ties by no means strong. The last few centuries 
 have witnessed the rise of Nation States. All of the mem- 
 bers belong to practically the same race, and include most 
 of the persons of that race. The unification of feudal States 
 whose people belonged to any one race began in the 
 fifteenth century with the nationalization of France and Spain, 
 and has been practically completed in our own day by the con- 
 solidation of Italy and Germany. In certain cases, complete 
 unification under an absolute central government was impos- 
 sible. Then the old confederacy was replaced by a nation 
 State of a pecuHar form, called the Federal State. 
 
 11. Federal States and Confederacies. — We must be care- 
 ful to distinguish between Federal States and Confederacies. The location 
 Both of these have a central government and local gov- gj„^°vTn 
 ernments, each of which exercises certain powers of sov- each, 
 ereignty ; but there is a very great difference between them. 
 
8 
 
 The American Federal State 
 
 Wilson, The 
 
 State, 
 
 hh 1372- 
 1379- 
 
 Sidgwick, 
 
 Politics, 
 
 512-516. 
 
 Definition 
 and expla- 
 nation. 
 
 Crane and 
 
 Moses, 
 Politics, 
 chaps. 
 XVII-XVIII. 
 
 Robinson in 
 
 A.A.A.,\\l 
 
 (1893). 785- 
 808. 
 
 Sidgwick, 
 ibid.,c^oj-c,i2. 
 
 If we have a single sovereign which says what powers each 
 government shall exercise, we have a single State, a Federal 
 State, or, as the Germans say, a Bundesstaat. If, however, 
 sovereignty rests not in the large territory but in the smaller 
 territorial divisions, we have many sovereignties, therefore 
 many States, or a confederacy, a Staatenbund. In other 
 words, a confederacy is a union of States, and the central 
 government is nothing more than the agent of those States, 
 while in a Federal State there is a real central or united 
 State, as well as a central government. In the same way 
 we must be careful not to be confused when we have what 
 is called a personal union — here we have one monarch for 
 two countries, each with its own complete system of govern- 
 ment. In that case we have two States, as, for instance, in 
 England and Scotland between 1603 and 1707, or in the 
 Austro- Hungarian monarchy to-day. 
 
 12. The Federal State. — It is not easy to define the 
 Federal State so as to distinguish it from the ordinary cen- 
 tralized Nation State. It is not enough to say, as many 
 authors do, that the sovereign delegates the exercise of 
 certain powers to the central government and of certain 
 other powers to the local governments. That is too vague. 
 We can perhaps get a clearer idea from this explanation. 
 In a Federal State there are two spheres of government : 
 that left to the central government and that left to the local 
 governments. The boundary between these spheres is fairly 
 definite ; and, by law and custom, fairly permanent ; but it 
 may be altered by the people of the whole State, who may 
 also place certain sovereign powers outside either sphere of 
 government. Until this boundary is changed, however, all 
 matters within the sphere of the local governments are com- 
 pletely under the control of the people of the localities. In 
 any case, the regulation of all matters of common concern 
 belongs to the people of the whole State, who, by virtue of 
 their power to alter the boundary between these two spheres 
 of government {i.e. of changing the real constitution), are 
 sovereign. 
 
Some Elements of Politics 9 
 
 13. Characteristics of Modern States. - Attention has ^emo^-^t^^^^ 
 already been called to the most marked characteristics of underwritten 
 modern States, namely, that each State represents a nation constitutions. 
 organized for political purposes. In the organization we ^viison.z^.rf.. 
 have usually not only a government but a constitution by §§ 1398-1414. 
 which the State places limitations upon the government, ^^^^^^^^^^x. 
 Ordinarily, sovereignty rests with the people who rule Book i, ^^ 
 through the exercise of popular influence and through the ^ ^P^- 
 principle of representation. That is only another way of 
 saying that modern States are usually democratic. This 
 democracy has been of late growth, even in this country, 
 and is very imperfectly developed, especially on the con- 
 tinent of Europe. 
 
 In no way does the State of to-day differ more from those The^ddzen 
 of the past than in its relation to its members. In the ^^^^^o^ern 
 ancient State only the privileged few were citizens, while states. 
 a vast majority were not even in the position of subjects 
 without citizenship — they were slaves. Yet the citizen was 
 never more than a part of the machine. He lived for the 
 State, which absorbed him and controlled him. It was only 
 later that the citizen was really recognized to be an individ- 
 ual. In modern times the right of individuality as well as 
 that of citizenship is admitted. The citizen is a part of the 
 organism called the State. Under normal conditions, he 
 cannot place himself out of relation to his fellow- citizens ; 
 but unless his right to life, liberty, and property interfere 
 with similar rights in society at large, they are not demed to 
 him. In other words, the modern society realizes that the 
 interests of the individual and the State are not necessarily 
 identical, but allows each free scope except where their 
 interests clash, then the individual must yield. 
 
 14. Sovereignty.— We have already seen that sovereignty Characteris^ 
 
 resides in the person or persons in the State who have the ^^^^'^^l^ 
 
 power to exact continued obedience from all other parts of indivisibility. 
 
 the State. Its most important characteristics are : (i) it is Hinsdale, 
 
 supreme within the boundaries of the State ; if not, it is \ n. 
 inferior to some other power and that power is sovereign. 
 
10 
 
 The American Federal State 
 
 Burgessv 
 ibid., 
 I, 53-56. 
 
 Powers of 
 sovereignty. 
 
 In law and in 
 
 American 
 
 history. 
 
 Cf. Lowell, 
 
 Essays on 
 Govt., 189- 
 222. 
 
 The constitu- 
 tion in gen- 
 eral. 
 
 (2) It is " one and indivisible." There cannot be two 
 supreme powers in one State. We may, however, find two 
 parts of the State struggling for recognition as the sovereign, 
 when it is practically impossible to determine for the time 
 which is sovereign. If we accept such a solution for a large 
 part of our early history, some difficulties disappear. 
 
 The more important powers of sovereignty are : ( i ) making 
 and altering the constitution of the State, which includes 
 {a) determining the form and the real powers of the gov- 
 ernments, and {b) determining the relation of the citizens to 
 the government and to the State; and (2) delegating to the 
 different governments in the State the powers dealing with 
 internal and foreign affairs to be exercised by each. While 
 it is expected that this delegation of powers is more or less 
 permanent, it is always subject to change through the right 
 of the sovereign to alter the constitution. It is thus seen 
 that the sovereign is the real power of the State, that it is 
 above the governments creating and controlling them, and 
 that to it the governments are responsible. It may never- 
 theless be a part of one of the governments. 
 
 1 5 . Disputes over Sovereignty. — The idea of sovereignty has 
 been a cause of dispute since the term v^^as first used. These disputes 
 have unfortunately been both legal and political in their character, 
 and great state questions have been fought out by the advocates of 
 different schools. In our ovi'n history the question was the location 
 of sovereignty in the people of the nation or the people of the States. 
 As Professor Johnston well said, "The word people has been the 
 political X of American history." The classical contention that 
 sovereignty is unlimited, one and indivisible, has been assailed from 
 many quarters. So high an authority as Professor Bluntschli denies 
 that it is unlimited, and the fact that it is impossible to find a case in 
 history where the sovereign power has been used entirely without 
 limitations makes it advisable to substitute the word supreme for the 
 word unlimited. That sovereignty is " one and indivisible " still meets 
 the approval of the best writers, but some attempts have been made 
 to prove the possibility of a dual sovereignty. 
 
 16. Written and Unwritten Constitutions. — Every civil- 
 ized State has some kind of a fairly definite political organiza- 
 
Some Elements of Politics 1 1 
 
 tion. The character of that organization, including the relation 
 
 of the State to its subdivisions and its citizens, the form and 
 
 powers of government, and the relation of the government Sidgwick, 
 
 to the citizens, may be embodied in law, in custom, or in ^°^^^^"' S4o 
 
 both. In any case we may give the name constitution to 
 
 those laws or customs that determine the character of the 
 
 State, But it is customary to use the word in a much more 
 
 limited sense, and to distinguish between written and tin- Distinction 
 
 written constitutions. When there is a single fundamental between wnt- 
 
 1 /- 1 1 1-1 -1 , . -.. t^^ ^^d ^°- 
 
 law or set of laws that regulate either expressly or by impli- written. 
 
 cation the form and powers of the principal governments, 
 the relation of the State to its subdivisions and the liberty of 
 the citizens, we say that the State has a written constitution. 
 Otherwise it is customary to speak of the constitution as 
 unwritten. It will be readily seen, however, that no writ- 
 ten constitution is likely to cover, even in the most general 
 terms, all the subjects that belong to a constitution proper. 
 In consequence, every State has an unwritten constitution 
 whether it has a written one or not, although of course that 
 unwritten constitution is not so important as it would have 
 been had no written constitution existed. 
 
 We may compare the written constitution to the skeleton 
 of an animal, which, within certain limits determines what 
 the animal shall be, though it does not tell us its color, the 
 strength of its muscles, or much of its real efficiency. While 
 the skeleton remains the same, the animals of that class 
 must have many characteristics in common ; but the degree 
 of vitality the animal possesses, and the amount of work it 
 can do, depends more on its individuality. 
 
 This relation of the written and unwritten constitutions Relation of 
 to each other may perhaps be made clearer by reference the unwritten 
 to the United States. In the Constitution of 1787 and its of°heUnhrd 
 amendments, the form and powers of the central govern- States to the 
 ment are given, limitations upon the powers of the states ^^*^^" ^°^" 
 
 ° ' r- X- stitution. 
 
 (commonwealths) are enumerated, and certain rights of 
 citizens are placed beyond governmental interference. But ' ^ *^°' 
 this written constitution only by implication recognizes the 
 
12 
 
 The American Federal State 
 
 Character- 
 istics of a 
 modern con- 
 stitution. 
 
 Its stability. 
 
 Sidgwick, 
 
 Politics, 
 
 S35-540. 
 
 existence of a Federal State, makes it possible for the State 
 to be controlled either by the whole people or by one class, 
 gives only the " paper powers " of the departments of the 
 government and cannot create real power for them. All 
 of these subjects and many others belong to our unwritten 
 constitution, and are regulated either by statute law or by 
 custom. For example, commonwealth laws have recognized 
 the fact that the State and the government have become 
 democratic ; custom has made the presidential electors not 
 men of independent judgment, but parts of the machinery 
 of political parties. The changes in the unwritten constitu- 
 tion are much too numerous to be mentioned here, but 
 the general character of the changes are given in chapters 
 VI-IX. 
 
 If we were to give the most important characteristics of 
 a modern constitution, the following would probably be 
 named : it is made by the people ; it gives the location 
 of sovereignty ; it regulates the relation of the State to its 
 subdivisions and its citizens ; it gives the form and the 
 powers of the governments ; it determines the rights of the 
 citizens. 
 
 17. Advantages of a Written Constitution. — If all States 
 have unwritten constitutions, we may well ask, what is the 
 advantage of having a written constitution in addition? As 
 all States are changing, a written constitution helps to give 
 definiteness and permanence to its pohtical institutions. 
 It leaves less to the government, which might otherwise 
 alter the constitution for its own advantage and to the in- 
 jury of the State. The written constitution is always a 
 proof of the fact that sovereignty no longer resides in the 
 government but in the people. The recent growth of the 
 written constitution is undeniably due to the same condi- 
 tions that have produced modern democracy. But while 
 it protects democracy, it hinders the full application of 
 democratic ideas in the government. In other words, the 
 great advantage of the written constitution, stability, is un- 
 avoidably connected with the great disadvantage, inflexi' 
 
Some Elements of Politics 13 
 
 bility. The attempt to remove this disadvantage by making 
 the constitution easily alterable, as in France, practically 
 destroys the real virtue of the written constitution. Yet it 
 must be admitted that a written constitution of the most 
 general kind that can be changed with comparative ease, 
 and supplemented, as it always is, by an unwritten constitu- 
 tion that adapts itself to the needs of the time, is the best 
 form for the ordinary State. 
 
 18. Development of Government. — In primitive pohtical Simplicity 
 communities, the government was of the most rudimentary ° ^^'^ y 
 character. All of the things that needed attention were 
 cared for either by a single person or by an assembly of the 
 men. The former was something like a permanent govern- Wilson, ?^?^, 
 ment, because the ruler was a permanent official ; but the 
 latter could not be continually in session, and if they wished 
 to have anything done, they usually called upon an individ- 
 ual who did what was asked and then again became an 
 ordinary member of the community. Thus there was no 
 permanent office. It was like the characterless amceba 
 of which any part may be used at one time for gathering 
 food and at another for locomotion. 
 
 But it was the same with political institutions as it was Separation 
 with animal Hfe. Development was from the simple to the JJJe°tg_^^^ 
 complex, until in the highest forms, one organ performed 
 a certain function and no other. As society advanced in 
 civilization, the need of some permanent set of persons to 
 keep order, to settle disputes and look after other matters, 
 was more felt. Here we have the first real governmental 
 organization, but with so little differentiation of duties that 
 any one of these magistrates exercised judicial, executive, 
 administrative, and legislative powers. Still further increase 
 of duties made separation of these powers more or less 
 necessary, as all could not be performed by one person. 
 But until the eighteenth century the confusion of these de- 
 partments was common, and the exercise of all the govern- 
 mental powers by European monarchs was the rule. With 
 the publication of Montesquieu's Esprit des Lois (1749) 
 
14 
 
 The American Federal State 
 
 Government 
 the agent of 
 the State, but 
 both reflect 
 political and 
 social condi- 
 tions. 
 
 Burgess, Pol. 
 Science, I, 68. 
 
 Moses, De- 
 mocracy and 
 Social 
 Growth, 19- 
 
 22. 
 
 and Blackstone's Commentaries (itjo), an effort was begun 
 to separate completely legislative, executive, and judicial 
 functions. As progressive political societies believed this 
 separation essential to good government and to the preser- 
 vation of Hberty, the attempt was made both in America 
 and in Europe to put the principle into practice. The fact 
 has been overlooked that with all organisms the increase 
 of the number of organs has been accompanied by a corre- 
 sponding dependence of each organ upon every other. Yet 
 the application of this idea of separating the departments 
 has undoubtedly given us the highest form of government 
 yet produced. 
 
 19. Government and the State. — It must be borne in 
 mind that government is no more the State than the heart 
 and lungs of an animal are the animal itself. The govern- 
 ment is the chief set of organs of the State — the agent that 
 carries out its will. But while the government is not the 
 State, the character of the government depends very much 
 on the character of the State. You cannot have the same 
 kind of a government in Persia and America. A democratic 
 government cannot be developed or maintained in any 
 society where classes are distinctly separated from one 
 another. Neither is an aristocratic government possible 
 where all persons are on a level — possess social and ma- 
 terial equality. But we can go further. The State and the 
 government grow up together. Because the State is nothing 
 more than a portion of society organized in a particular way, 
 it is constantly changing. Those changes will naturally be 
 reflected in the government. Any change that is made in 
 its government which does not represent a change in the 
 State will lead to one of two results. Either it will decay 
 because it is useless ; or, if it can produce a corresponding 
 change in the State, it will survive. Yet we ought to realize 
 that we can almost never produce a change in society by 
 a mere change in the government. We can then see the 
 uselessness if not the folly of altering the government with- 
 out taking into account the social condition and the political 
 
Some Elements of Politics ^5 
 
 experience of the people ; and we ought to appreciate the 
 fact that a society changing as rapidly as ours in the United 
 States is unlikely to have the same kind of a government in 
 different periods of its national history. 
 
 20. Monarchies. — Practically all the great States of to-day Absolute and 
 have either a monarchical or a republican form of govern- constitutional 
 
 * ° monarchies. 
 
 ment ; but there is more real difference between certain abso- 
 lute and constitutional monarchies than there is between a Biuntschii, 
 monarchy like Great Britain and a republic like France. * ^ •• 431-439- 
 The only thing necessary for a monarchical government is 
 that its head shall be an hereditary sovereign ; but if the 
 powers of that sovereign are limited by either a written con- 
 stitution, or by statutes and customs as binding as such a 
 constitution, the government is really in the hands of the 
 people's representatives. In the absence of such limita- 
 tions, the monarchy is called absolute ; for the power on the 
 throne or behind it is not within popular control. 
 
 21. Democratic Government. — Of popular governments Pure and 
 there are two forms, the pure democracy, and the representa- [f^^^^g^jJlo^c- 
 tive democracy or the republic. In a pure democracy the racies. 
 assembly of the people does all the governing, and it is readily Biuntschii, 
 seen that only very small communities in which practical ?<5?</., 469-485. 
 equality exists can ever have such a government. No such cf. Mo§es, 
 restrictions exist for a repubhc in which the people appoint Democracy 
 
 , , »-r<i 1 T '^^^ Social 
 
 representatives who compose the government. I he republic Qrowtk,. 
 is of course a much higher product of political evolution chap. I. 
 than the democracy proper, but it is necessarily less a gov- 
 ernment of the people and by the people. It does not 
 require social or material equahty of the people, though 
 marked inequalities or classes are a continued source of 
 danger. It does require a high standard of social character, a 
 general diffusion of education, and a correct ideal of patriotism 
 for its maintenance and development. 
 
 22. Centralized and Dual Governments. — Governments The relations 
 may be differently classified according to the concentration °^^^j^*J^^^ 
 
 of all governing powers in one body or their separation be- government. 
 tween two governments. When the localities are entirely 
 
1 6 The American Federal State 
 
 Burgess, Pol. Subordinated to the national government, the government of 
 
 Science, II, j^g s^^te is Said to be centralized. If, however, the locaHties 
 4-7. 
 
 have a sphere of activity of their own as in confederacies or 
 
 Federal States, the term dual government is used. The 
 tendency since feudal times has been to make the central 
 government more and more powerful, as the State itself 
 became more centralized. Just as the centripetal or inte- 
 grating forces of the State have triumphed over the centrifu- 
 gal or disintegrating forces, so the central government has 
 tended to absorb the local governments. Whether the 
 effort made in the Federal State to maintain a balance 
 between the national and the commonwealth governments 
 will prove to be futile, history will decide. If with the 
 powerful aid given by the strong local spirit in America and 
 a constitution of extreme rigidity, the United States cannot 
 hold in check the forces of centralization, we may well come 
 to the conclusion that Federahsm is after all but a transitory 
 phase in the development of centralized States with power- 
 ful central governments. 
 The relations 23. Parliamentary and Presidential Governments. — Na- 
 
 of executive tional governments whether centralized or not, either in 
 and legisla- ° • • j 
 
 tive. republics or monarchies, may be parliamentary or presiden- 
 
 Bureess ibid ^^'^' ^^^^^ ^he departments are separated as much as 
 II, 11-16. possible so that the executive and the legislative branches 
 are very little dependent upon each other, as in the United 
 States, we have the presidential form. But if emphasis is 
 laid upon the interrelation of these two departments, upon 
 the fact that they work together, the executive being a part 
 of the legislature, the real controlling part, yet always the 
 agent of the legislature, as in Great Britain, the government 
 is parliamentary. The former is the outgrowth of the idea 
 of "checks and balances " prominent among political scien- 
 tists at the time when popular government was in its infancy, 
 and the protection of the individual from the tyranny of the 
 government occupied a more prominent place in the 
 thoughts of men than the efforts to make government 
 efficient. The theory upon which it seems to be built is 
 
Some Elements of Politics 17 
 
 that too much government is a worse evil than too Uttle — a 
 theory which contains a large element of truth in a modern 
 democracy as well as in an absolute monarchy. 
 
 24. The Legislative Department Whatever may be the Proper func-^ 
 
 relation of the different departments, at the present time all Jionsofthe 
 
 •^ legislature. 
 
 modern States recognize the need of ha\dng legislative, 
 executive, and judicial departments. It is difficult to define -^-^^ jj_' ^^^ 
 the exact functions that ought to be performed by each ; but 130- 
 a few^ general statements may be of value. The conduct of Sidg\vick, 
 political societies is governed by certain rules which the bulk P^^^'-^J"' 
 of the society think necessary to its existence and proper for 
 its development. These rules were at first purely in the 
 form of customs; but, as society became more complex, 
 they were committed to writing. Until within two hundred 
 years these rules were not numerous, but the government 
 was able to use its power arbitrarily in enforcing them. 
 More recently the attempt on the part of the people to 
 restrict this arbitrary power has led them to place in the 
 hands of their representatives the power to alter these laws 
 and make new- ones. This has led the legislative depart- 
 ments to enact a great many laws, most of them dealing with 
 special objects, for the purpose of reconstructing society and 
 of carrying out certain plans ; whereas the true duty of the 
 legislative department is rather to lay down general rules for 
 governing the conduct of society and to refrain from lapng 
 down such rules unless the actual needs of the society at the 
 time require that they be embodied in the form of statutes. 
 
 25. The Executive Department. — If, then, the function Applies the 
 of the legislative department is to see that the right laws are ^^^'3^3°'^^'"'^ 
 made, and at the right time, the proper function of the 
 executive department is to apply these laws to any special ^p^f^^^^:^^^, 
 cases that come up. If an individual ignores a law, the 324. 
 executive must see to it that the individual obeys the law, g^^^^^g^ 
 
 or is punished. If a law is made that the revenue of the i^/^., 11, 307- 
 State shall be derived from taxes or certain imports, it is the 3i9- 
 duty of the executive to assess those goods and collect 
 the tax. To administer the laws in a State as complex as 
 c 
 
i8 
 
 The American Federal State 
 
 Adjusts dif- 
 ferences in 
 cases affected 
 by the law. 
 
 Burgess, 
 366. 
 
 The individu- 
 alistic and the 
 socialistic 
 theories. 
 
 McKechnie, 
 State and the 
 Individual, 
 171-269. 
 
 ours means that an infinite variety of details connected with 
 a vast number of important subjects must be attended to. 
 And just here is the real danger that the individual will 
 suffer restriction of his rights unless the executive, which 
 must be strong to be efficient, is not properly controlled. 
 
 26. The Judicial Department. — If one individual inter- 
 prets a law in one way, and another individual interprets the 
 same law differently, so that the acts of the two individuals 
 bring them into conflict, it is necessary that there should be 
 a department of the government to give an authoritative and 
 final interpretation of the law which the executive shall make 
 all obey. Since as much depends upon the interpretation 
 of laws as upon the laws themselves, the judicial department 
 is in a real sense a law-making body. 
 
 27. Theories concerning the Office of Government. — It 
 has always been and always will be a mooted question as to 
 what interests of the society should be under the care of the 
 State through the government. People might be divided 
 into two classes according to their views on the subject, 
 the individualistic and the socialistic. The individualist 
 believes the government should do just as little as possible 
 for the society, and should not interfere with the individual 
 except in cases of necessity. The extremist goes so far as 
 to say that if the government protects the citizen from his 
 neighbors and his enemies, it has done its full duty. The 
 socialistic school claims the needs of all are above the rights 
 of the individual, and that the government should do every- 
 thing in its power not only to protect but to develop the 
 society. The extreme sociahst interprets this to mean that 
 land should be held for the benefit of all, that the govern- 
 ment should operate the telegraph and the railway lines, 
 and in many cases favors the governmental control of all 
 capital. The communist goes a step further and asks that 
 the government hold all property, capital included, for the 
 common benefit. Very few people hold any of these extreme 
 views. The vast majority are much more moderate. We 
 may class those who think the government is already doing 
 
So7ne Elemejits of Politics 19 
 
 more than it ought as individuaHsts, while those who believe 
 the sphere of government ought to be enlarged belong to 
 the sociaUstic school. 
 
 28. Functions of Government. — It is not easy to deter- Two classes: 
 mine where the line should be drawn, as the hmits of govern- and^^^iiis- 
 mental action depend so much on changing conditions and trant. 
 on the amount of governmental action to which a particular 
 State is accustomed. Wilson, in his book on The State, 
 divides the functions of government into two groups 
 (§§ 1478-1480) : I. Constituent, and II. Ministrant. 
 
 "I. The Constituent Functions: 
 
 (i) The keeping of order and providing for the protection 
 of persons and property from violence and robbery. 
 
 (2) The fixing of the legal relations between man and wife 
 
 and between parents and children. 
 
 (3) The regulation of the holding, transmission, and inter- 
 
 change of property, and the determination of its 
 liabilities for debt or for crime. 
 
 (4) The determination of contract rights between indi- 
 
 viduals. 
 
 (5) The definition and punishment of crime. 
 
 (6) The administration of justice in ci\-il causes. 
 
 (7) The determination of the political duties, privileges, 
 
 and relations of citizens. 
 
 (8) Dealings of the state with foreign powers : the preser- 
 
 vation of the state from external danger or encroach- 
 ment and the advancement of its international 
 interests." 
 
 " II. The Ministrant Functions. — It is hardly possible to give a Wilson, The 
 complete list of those functions which I have called Ministrant, so f/f^^^_^,^^^ 
 various are they under different systems of government. The following 
 partial Hst will suffice, however, for the purpose of the present discus- Wanbaugh. 
 \ in At. Mo., 
 
 sion : T vYYT 
 
 (i) The regulation of trade and industry. Under this head ^^^^^^^ ^^^ 
 I would include the coinage of money and the estabhsh- ^^^^ 
 ment of standard weights and measures, laws against 
 forestalHng and engrossing, the licensing of trades, etc., 
 as well as the great matters of tariffs, navigation laws, 
 and the like. 
 {2) The regulation of labor. 
 
20 
 
 The Amefican Federal State 
 
 (3) The maintenance of thoroughfares, — including state 
 
 management of railways and that great group of under- 
 takings which we embrace within the comprehensive 
 term ' Internal Improvements.' 
 
 (4) The maintenance of postal and telegraph systems, which 
 
 is very similar in principle to (3). 
 
 (5) The manufacture and distribution of gas, the mainte- 
 
 nance of water-works, etc. 
 
 (6) Sanitation, including the regulation of trades for sani- 
 
 tary purposes. 
 
 (7) Education. 
 
 (8) Care of the poor and incapable. 
 
 (9) Care and cultivation of forests and like matters, such as 
 
 the stocking of rivers with fish. 
 (10) Sumptuary laws, such as ' prohibition ' laws, for example." 
 
 " These are all functions which, in one shape or another, all gov- 
 ernments alike have undertaken. Changed conceptions of the nature 
 and duty of the state have arisen, issuing from changed historical 
 conditions, deeply altered historical circumstance; and part of the 
 change which has thus affected the idea of the state has been a change 
 in the method and extent of the exercise of governmental functions; 
 but changed conceptions have left the functions of government in kind 
 the same. Diversities of conception are very much more marked than 
 diversities of practice." 
 
 Sphere of 
 State action 
 must be 
 enlarged 
 slowly. 
 
 Willoughby, 
 Amer. Citi- 
 zenship, 53- 
 62. 
 
 Wilson, The 
 
 State, 
 
 \\ 1521-1535. 
 
 29. Limits of State Interference. — It is not possible to 
 lay down any set rules according to which a State shall 
 decide whether it ought to perform any particular " minis- 
 trant " function. The wisdom of such an action must depend 
 on the history and the present needs of the State, upon the 
 extent of the functions already exercised, and the efficiency 
 of the governmental machinery. Yet we can readily see that 
 as a society becomes complex, the government must control 
 and regulate many more actions of the citizens in order to 
 fully protect them. For example, no one doubts the right 
 of the government to pass and enforce all proper measures 
 for the health of the community. This may lead in crowded 
 cities to regulations for individual householders that are very 
 obnoxious. Dealers may have to submit to inspection of 
 goods which might injure members of the community, and 
 
Some Elements of Politics 21 
 
 factories are continually under supervision to see that the 
 health of the operatives is in nowise endangered. Too httle 
 regulation is, like too much, a mark of poor government. 
 The State must see that there is just enough, and that it is 
 never arbitrarily applied. Yet it will be better for a State to 
 leave something undone than at one stroke to alter its policy 
 and undertake important duties for which it has no proper 
 training. It will not pay a State to perform functions which 
 may seem necessary, but which can be performed only at a 
 great loss of individual freedom. 
 
 30. Growth of Law. — As has already been stated, in early From custom 
 times governments were much less complex than at present, ^° statute and 
 
 ° r- x- J constitu- 
 
 and we cannot separate them into three or four departments, tionai law. 
 The same person or body made the laws, saw that they were wnson The 
 observed, and told what they meant. But the community state, 
 was so small that it was not necessary to make many laws, ^^ ^^^ -i443- 
 and as a matter of fact the law-making body contented 
 itself with declaring what was law ; in other words, what the 
 custom was in that community. So all early laws were little 
 more than an embodiment of the customs that were observed. 
 As the community developed, separate rulers or magistrates 
 were appointed to apply the law. As the law was not often 
 written down, the magistrate was inchned to depend as 
 much on his own judgment as on the law. This led to 
 great abuses, the abuses led to protests, and the protests to a 
 written law. To this written law were added in time the 
 laws or statutes passed by the law-making body. If the law- 
 making body was restricted by some great laws that were 
 recognized as being at the very foundation of the State, these 
 great laws were called constitutional. 
 
 31. Law, Government, and Liberty. — We often get the Conditions 
 idea that law and liberty (civil liberty), or government and under which 
 
 •' ^ •' ^ ' ° law becomes 
 
 liberty, are contradictory terms, so that the more law or the most favor- 
 more government we have the less liberty there must be. Is ^t)ie to 
 this idea correct ? If we were to mean by liberty that each 
 man had a right to do what is right in his own eyes, we see Burgess. Pol 
 
 , , . ° . , ,., -r-. r 1 Science, I, 
 
 that law mterferes with liberty. But for each man or any man 174-183. 
 
22 
 
 The American Federal State 
 
 Human law 
 must con- 
 form to 
 natural law. 
 
 to do as he pleases is not liberty, since if one man were to 
 do that, the liberties and the rights of others would neces- 
 sarily be restricted. Liberty cannot exist then unless there 
 is law to control those who would infringe upon the rights 
 of others. But if too little law means anarchy and not 
 liberty, how shall we determine how much law and what 
 kind of law is needed, so that there shall be as much liberty 
 as possible. In the first place, both the amount and the 
 kind of law must depend on the condition of the society for 
 which it is made. In our complex civihzation, we need a 
 much larger number and very different laws from those 
 required by a primitive agricultural community. But in 
 each case it is the greatest good of the greatest number that 
 will on the whole give the fullest liberty. This means, of 
 course, that the liberty of the individual may be sacrificed 
 to the common good, and that social Hberty is above indi- 
 vidual liberty. 
 
 In the second place, in order to secure the greatest good 
 of the greatest number, the law must conform not only to 
 the condition of the society as it then exists, but should be 
 in conformity with natural law. Any statute or constitu- 
 tional law that is artificial, that runs counter to the political, 
 economic, or social laws according to which the universe 
 is governed, will not only restrict liberty, but will injure the 
 society and must in time give place to a truer law. It is 
 true in political science, as in everything else, that the nation 
 is free not when it tries to escape the operation of law (for 
 that it cannot do), but when it understands the universal 
 laws of nature and acts in accordance with those laws. The 
 nation that tries to make itself rich by making its neighbors 
 poor, as many attempted on a grand scale two or three cen- 
 turies ago, is like the man who tried to lift himself by his 
 bootstraps. If a nation, through law, tries to retain a system 
 of society and government that the State has outgrown, rev- 
 olution will overthrow the existing order of society. If it 
 clings to a false economy which is a survival of past ages, the 
 "law higher than the Constitution" will surely assert itself. 
 
Some Elements of Politics 23 
 
 32. Kinds of Law. — The two most prominent subdivisions Divisions of 
 of law are into public and private law. The former deals P^^^^^ ^"^ 
 with all laws regulating the actions of States or their govern- ^^* 
 ments either in relation to each other or to individuals ; the "^i^son, The 
 latter treats of the relation of one individual with another. §§ 1216-1226. 
 An important branch of pubHc law is international law, 
 
 which is not made by any legislature but is merely the set Ame^%iti- 
 of customs recognized among civilized nations as suitable ^^^^f^ip, 
 for governing their relations with one another. Constitu- %ii^' ' 
 tional and administrative law are also parts of the pubHc 
 law. One deals with the principles of government, the 
 other with details. Criminal law really belongs to public 
 law as it defines crimes against the State and makes pro- 
 vision for the punishment of persons violating the law, but 
 it is not usually separated from other parts of public law. 
 
 Private law covers a multitude of subjects more or less 
 connected with our everyday affairs. It regulates the hold- 
 ing and disposal of land and other property, the relation of 
 parent to child, and of employer to employee. It deals 
 with the laws of marriage and divorce, of all kinds of con- 
 tracts, of bequest and inheritance. If an individual buys or 
 sells anything, makes a written agreement with any one for 
 a particular purpose, or seeks a legal remedy for an injury 
 done, he does it in accordance with the private law of the 
 State. 
 
 33. The Kinds of Liberty. — We should distinguish dif- Four kinds 
 ferent kinds of Hberty. When we use the word we ordi- of liberty, 
 narily refer to civil liberty, freedom from arbitrary personal 
 restraint and the right to enjoy life and the use of property. 
 Political liberty necessarily deals with the part played in the 
 government of the community. Religious liberty is found 
 
 where any sect has the right to worship in its own way. We 
 find industrial liberty where the worker does not have his 
 place of residence and occupation picked out for him. 
 There is no necessary connection between political and 
 the other kinds of liberty. We naturally expect a greater 
 degree of all kinds in a society that is self-governing, but 
 
24 
 
 The American Federal State 
 
 Some ideals 
 of equality. 
 
 McKechnie, 
 The State and 
 the Indi- 
 vidual, chap. 
 XXIII. 
 
 The charac- 
 ter of a soci- 
 ety is ex- 
 pressed in its 
 institutions. 
 
 Cf. Moses, 
 Dem. and 
 Social 
 Growth, 
 chap. I. 
 
 Both are 
 forms of 
 growth. 
 
 liberty is rather an evolution of civilization than a product 
 of democracy. If we compare Anglo-Saxon England with 
 Rome or with any modern State, we shall find that while 
 there may have been more political freedom, there was less 
 of almost all other kinds. 
 
 34. Kinds of Equality. — It has been one of our favorite 
 maxims that "all men are created equal/' but in what re- 
 spects individuals are equal does not readily appear. Cer- 
 tainly in personal quaHties the greatest difference exists. 
 Theoretically, all are equal before the law. As far as pos- 
 sible, all have equal opportunities. For centuries we have 
 been drifting toward social equality^ but only among whites. 
 The ideal of democracy has been political equality^ but with 
 few exceptions the equality has not crossed sex lines. If 
 equahty is a goal we attempt to reach, humanity seems fore- 
 doomed to disappointment. Liberty and equality cannot 
 live together. Given the same chance and perfect freedom 
 of action ten men that start together will invariably be found 
 in a short time to have drifted apart. We cannot make 
 men equal except by bringing all to the level of the lowest. 
 
 35. Society and its Institutions. — As society has devel- 
 oped, there has gradually been evolved not only a social 
 system and a government, but rehgious and business organi- 
 zations which have in time become more or less fixed and 
 to which the general name institutions may be given. All of 
 these are but outward evidences of the forces at work in the 
 society. Taken together, they are less than society, yet they 
 offer the best means for studying it, as they are tangible and 
 more real. But these institutions do more than show the 
 character of the society, they tend to keep the society in the 
 same stage that it was when the institutions were produced. 
 This is especially true of the more complex institutions, 
 which do not readily change with the natural and necessary 
 changes in society. 
 
 36. Evolution and Revolution. — Nothing can prevent 
 changes in any society. Growth is one of the laws of its 
 being. This may be more or less rapid, but it is constant ; 
 
Some Ele^nents of Politics 2$ 
 
 in other words, soda/ eiwlution is taking place all the time. 
 In a narrower sense we sometimes speak of social evolution 
 only when the change in society itself has produced a change 
 in the social institutions, i.e, in the relation of classes to 
 each other, or of the members to one another. When this 
 social evolution leads to an altered form of the State which 
 is adapted to the new society, and to suitable changes in the 
 government and in the law of the State, we call the change 
 political evolution. But if the real growth of the society 
 leads to none of these changes in the relation of the classes 
 to each other, to no change in the government or the laws, 
 a time will come when the new society will demand that the 
 old institutions be cast aside and new ones substituted. If 
 for any reason this change is refused, or if the oM institu- 
 tions cannot be adapted to the new society, the new society 
 asserts itself, aboHshes the institutions it has outgrown, with 
 perhaps much that was valuable in its past experience ; and, 
 often after terrible suffering and bloodshed, estabhshes a new 
 order of societ}', a new form of government, and a new set 
 of laws suited to its present conditions. Such a change is 
 called revoliitio7i. Both evolution and revolution are forms 
 of growth, for a partial eiwlution always precedes revolution. 
 But revolution is wasteful. It often fails to estabUsh the kind 
 of government and the order of society the new State really 
 needs ; and the next few years are frequently spent in adapt- 
 ing the new forms to the conditions of the new State. 
 
 37. Slavery. — The history of slavery shows how an insti- An example 
 tution may at one time be a means of developing a society, ""l^^^^^^"^ 
 when at a later period it hinders progress. Slavery was a useful, later 
 distinct advance, both from an economic and from a humani- * ^^^^se. 
 tarian standpoint, upon the older custom of putting to death 
 captives in war. It made the first real States possible because 
 it produced a class that performed those duties most necessary 
 to keep people aUve, while it left the conquering race free to 
 devote its energies to the problems of war and government. 
 
 In the middle age of civihzation, the harsher forms of 
 servitude disappear, and the general system of land tenure 
 
26 The American Federal State 
 
 upon which society rested substituted for slavery a kind of 
 land serfdom or villeinage. But in all tropical countries 
 slavery continued to exist, and was looked upon as beneficial 
 to the lower as well as the higher classes, since it raised 
 the former from a condition of barbarism. Feudalism was 
 not transplanted to America, but the semi-tropical condi- 
 tions of the Southern colonies led to the development of the 
 system of African slavery. There is no doubt that this form 
 of servitude was almost universally considered beneficial to 
 the negro, to whom a real service was rendered by placing 
 him under christianizing and civilizing influences. There is 
 no more doubt that the economic and political development 
 of the South during the colonial period was greatly aided by 
 slavery. But it produced social classes, it was adapted only 
 to the ruder forms of industry — in brief, it could not adapt 
 itself to the new social conditions of which the American and 
 French revolutions were not only evidences, but productive 
 forces. Like feudal serfdom, American slavery stood in the 
 path of progress, sought to check that progress, and was 
 destroyed in the attempt. 
 
 38. Mortality of States No lesson of historical development 
 
 stands out in greater prominence than this, — no State has been or is 
 likely to become immortal. Like all organisms, States show a period 
 of early vigor and strength, during which they are assuming a definite 
 form; a second period when all of their forces are well under control 
 and used to the best advantage ; and a final period of decay when their 
 vitality no longer suffices to withstand the attacks of internal and exter- 
 nal foes. These periods vary greatly in length with different States. 
 The first may be as brief as that of the Arabian empire in the Middle 
 Ages, or Spain at the beginning of the modern period, or it may be as 
 long as that of Russia. All of the periods may be as long as those of 
 Rome, each of which covered centuries. We seek to learn why these 
 States fail, and then draw comparisons between them and ourselves, 
 forgetting that their social system and political organization was prob- 
 ably as well adapted to their needs as ours are to solve the much more 
 difficult problems that confront us. We are barely out of the first 
 period of our development and may reasonably look forward to a long 
 and promising career of national success; yet there is every reason to 
 believe that the second period must give place to the third. 
 
Some Elements of Politics 27 
 
 39. Some Tendencies of Modern Development. — The Political 
 civilized world has witnessed many changes the last century democracy. 
 or two. Society is being reconstructed on a non-feudal 
 basis whose fundamental doctrine is equality. Democracy 
 represents the political and to some extent the social side 
 of that reconstruction ; but we have seen that democracy is 
 still in its infancy over most of the globe. The democracy 
 has transformed governments and has fostered new humani- 
 tarian ideas, but it has not been able to check forces like 
 centralization, colonization, and miHtarism. 
 
 Economically, civiUzed society has advanced from the Economic 
 agricultural to the industrial stage. While modern industry ^°^'°^'^^" 
 has helped to produce free labor, it is not favorable to 
 economic equaUty. It demands great concentration of 
 capital for the maximum of production with the minimum 
 of effort, but it has failed to distribute the results of that 
 production according to modern ideas of justice. 
 
 Another phase of modern development is the growth of Nation 
 nation states. Nationalities are becoming self-conscious, ^*^*^^- 
 and in case they have no common political organization, 
 have everywhere sought to form States that would express 
 that nationality. The success of the latest products of this 
 movement — Germany and Italy — seems assured \ but 
 farther east, especially in Austria and the Balkan states, 
 there are national problems that will test the skill of 
 
 Europe. 
 
 Many as are the problems yet unsettled, the difficulties The changes 
 that seem insoluble, history tells us that our present civili- ^^^^^lH 
 zation is its highest product. The path of development 
 may be as tortuous as the course of the lower Mississippi, 
 but humanity is coming nearer and nearer its goal. The 
 apparent turns backward may prove, as did the French 
 Revolution, a means of finding a new and better outlet 
 to the sea of a more perfect civilization. 
 
2S The A^nerican Federal State 
 
 QUESTIONS AND REFERENCES 
 The State (§§ 1-13) 
 
 a. Cf. the definitions of the state ; nation and folk in Burgess, 
 Woolsey, Crane and Moses, and in Bluntschli. Use indexes. 
 
 b. On the origin of and nature of the state consult Smith, chap. I j 
 Bluntschli, Book I, chap. VII, and Book II, chaps. VI-X ; Woolsey, 
 I, pp. 189-198 ; Burgess, I, pp. 59-67. 
 
 1. Make complete definitions of all important terms used in the 
 chapter and apply each to different countries at the present time. 
 
 2. Show how nations have tended to develop separate national 
 governments during modern times. 
 
 3. What is the difference between the English nation and the 
 English State ? Is there an Irish nation ? An Irish State ? Did the 
 nation or the State reach a comparatively completed stage first in 
 France ? In Spain ? In England ? 
 
 4. Mention instances where contract has been used in forming 
 governments. Were the governments based solely on contract ? 
 
 5. To what extent was the government formed by the Constitution 
 of 1 787 original ? To what extent did it copy previous State constitu- 
 tions (consult Johnston, New Princeton Review, 1S87) ? To what 
 extent was it a copy of the British constitution (cf. §§ 136-138) ? 
 
 6. In what way is democracy now different from democracy in 
 ancient times (Bluntschli) ? 
 
 7. What is the difference between a voter and a citizen ? 
 
 Sovereignty and Constitutions (§§ 14-17) 
 
 a. On the nature of sovereignty compare Crane and Moses, chap. Ill, 
 Bluntschli, Book VII, and in Lalor, Book III, pp. 763-766 ; Smith in 
 his introduction ; and Lowell, Essays on Government, pp. 1S9-222. 
 On the development of the idea of sovereignty see Pollock (index). 
 
 b. On constitutions consult Tiedeman, Unwritten Constitution of 
 the United States, and Cooley, Comparative Merits of Written and 
 Prescriptive Constitutions, 
 
 1. Apply your definition of sovereignty to the British Parliament, 
 the German emperor, the French nation, the state of Massachusetts. 
 In what respects may each be said to be sovereign ? 
 
 2. Can you find any instances of "dual sovereignty" in history ? 
 Show why there is no dual sovereignty in the United States at the 
 present time. 
 
So7ne Elements of Politics 
 
 29 
 
 3. What is the method of changing the constitution in France, in 
 England, and in the United States ? What does the mode of amend- 
 ment indicate as to the location of sovereignty (cf. Wilson, The State 
 (index) , Borgeaud, Adoption and Amendment of Constitutions) ? 
 
 4. What is the connection between democracy and the written con- 
 stitution ? 
 
 Government (§§ 18-26) 
 
 1. Classify the important governments of the present under the 
 different heads mentioned. Consult Burgess, II, pp. 1-16. 
 
 2. What is the highest form of government ? Does history show 
 that aristocracy is a higher form than monarchy ? Quote instances. 
 
 3. What advantages would we derive from making the United 
 States government more centralized (cf. chap. X) ? 
 
 4. What is meant by administrative duties (see Goodnow) ? 
 
 Sphere of State Activity (§§ 27-29) 
 
 a. Consult Willoughby, Citizenship, chap. V; Spencer's Social 
 Statics, pp. 109-136, and Man v. The State; Leroy-Beaulieu, Modern 
 State, pp. 155-215 ; Ritchie, Limits of State Interference. 
 
 b. On theories, see McKechnie : SociaUstic, 1 71-21 2 ; Individual- 
 istic, 213-260; Organic, 264-269. 
 
 1. Which ones of the ministrant functions are now used by the 
 governments of the United States ? 
 
 2. State the advantages and disadvantages of state ownership of 
 railways (Hadley, Railroad Transportation). 
 
 3. Select eight things that the government (State or national) is 
 doing for society, and six that have been proposed. Of the six, how 
 many do you favor ? Of the eight, how many were not undertaken 
 fifty years ago ? 
 
 4. State the chief objections to increasing the sphere of State 
 activity (Willoughby, Citizenship). 
 
 Law, Liberty, and Equality (§§ 30-34) 
 
 1. What is law ? 
 
 2. If political liberty does not necessarily produce other kinds of 
 liberty, will government by democracy be permanent ? 
 
 3. Why cannot liberty and equality live together ? 
 
 Processes of Political Growth (§§ 35-39) 
 
 I. What State forms the best example of continuous political evolu- 
 tion ? What political revolutions have occurred during its history ? 
 What social revolutions ? 
 
30 The American Federal State 
 
 2. What revolutions have occurred in the United States ? "What is 
 the difference between the American Revolution of 1776, the French 
 Revolution of 1789, and the European Revolutions of 1848 ? 
 
 3. Show how different institutions have at one stage of history 
 represented the best and most progressive ideas of the time, and have 
 been productive of the greatest good ; while later they have sought to 
 block the wheels of progress in order to maintain their powers. Con- 
 sider, e.g. the feudal system, the church of the Middle Ages, the 
 House of Lords, confederate forms of government, the absolute power 
 of French kings, etc. 
 
 4. Trace the powers of the English crown from 1066 to the present, 
 showing how it has been modified by evolution and revolution. 
 
PART I 
 HISTORICAL DEVELOPMENT 
 
 CHAPTER II 
 
 DEVELOPMENT ON ENGLISH SOIL 
 General References 
 
 Freeman, Development of the English Constitution. Emphasizes the 
 continuity of English development. 
 
 Montague, Elements of English Constitutional History. A very good 
 elementary account. 
 
 Fielden, Short Constitutional History of England. Historical discussion 
 of different topics. 
 
 Boutmy, English Constitution. Suggestive. 
 
 Macy, English Constitution. Descriptive and Historical. Especially 
 good on modern period. 
 
 Gneist, English Constitution. 2 volumes. 
 
 Taylor, Origifi and Growth of the English Constitution. 2 volumes. 
 
 Medley, English Constitutional History. Not a continuous history. 
 Invaluable for reference. 
 
 Taswell Langmead, English Constitutional History. 
 
 Stubbs, Constitutional History of England. 3 volumes. Still the rec- 
 ognized authority on the Middle Ages. 
 
 40. Liberty and Government in Saxon England. — When Town mote, 
 
 the Angles and Saxons overran Britain in the fifth and sixth ^"JJJ^'^^^ 
 
 centuries, they brought with them the Teutonic institutions shire 'mote 
 
 that had been in use on the continent for many years. established. 
 
 As soon as one of these roving bands settled down to an Montague, 
 
 agricultural Hfe, all the warriors came together to parcel out ^"l;^^^"^'^ 
 
 a portion of the land and decide other matters of common tory, 7-14. 
 interest. These town motes or assemblies in which each 
 
 31 
 
32 
 
 The American Federal State 
 
 Wilson, The 
 State, \\ 833- 
 838. 
 
 Taylor, Eng. 
 Constitution, 
 I, 10-14. 
 
 Howard, 
 Local Consti- 
 tutional Hist, 
 in U. S., 18- 
 23, 264-269, 
 298-309. 
 
 No national 
 assembly of 
 the people. 
 
 Advantage of 
 the insular 
 position. 
 
 A semi-na- 
 tional feudal 
 system. 
 
 man had a voice became a permanent institution ; but when 
 several towns (which were merely settled portions of territory) 
 united to form what was called a hundred, it was found dif- 
 ficult to get all the men together in a single assembly. The 
 matter was finally settled by choosing a reeve or head man 
 and four " discreet men " from each town to meet at inter- 
 vals. This solution of the difficulty by the principle of rejf- 
 resentation of the smaller in the larger unit marks an essential 
 difference between ancient and modern government. When 
 hundreds united to make shires, the same method was 
 adopted ; but when the shires were united into kingdoms, 
 and finally in the consoHdation of the heptarchy under 
 Egbert (828), the idea of representation seems to have 
 been largely lost sight of. It is true there was in theory an 
 assembly of all the freemen of the realm, possessing the 
 nominal right of electing and deposing the king ; but it was 
 manifestly impossible for many to attend, and it soon became 
 a very small body called, from the select character of its 
 members, the Witan or Witagemote. But in the local divi- 
 sions there continued, essentially unmodified, the two great 
 principles of political liberty and representation. 
 
 41. The Essential Factors in English Constitutional 
 Development. — With such auspicious beginnings, England 
 might well seem destined to be the home of a self-govern- 
 ing people. Yet this would not have been the case but for 
 the existence of three conditions or forces which did not 
 exist upon the continent. The first was its insular position. 
 The isolation which this caused had been responsible for 
 the slight hold that the Romans had obtained on Britain, 
 and largely for the thoroughness with which the Teutonic 
 invasion had been completed. On this account Teutonic 
 institutions had been developed in all their purity, the old 
 independent spirit had survived, and feudalism had made 
 but slight progress before the time of the Conqueror. 
 
 The second of these conditions was the peculiar system 
 of feudalism introduced by William of Normandy. Every 
 noble or freeman in the realm was obliged to swear allegiance 
 
Development on English Soil 33 
 
 to the King as his suzerain, and to place his obhgations to 
 the monarch above those to his immediate overlord. This 
 greatly strengthened the power of the Crown, and left the 
 King master of the situation in England, while on the conti- 
 nent kingly power remained undeveloped till long after the 
 Crusades. However, this power of the King would have 
 been an injury rather than a benefit but for the existence of 
 the third factor peculiarly Enghsh, — the strong and indepen- The inde- 
 dent character of the people. Upon the original Anglo-Saxon ^ham 'te i 
 stock, with its love of liberty, its sturdiness but its uncon- the people, 
 querable stolidity, had been engrafted new elements in the 
 Dane and the Gallicized Norman. These elements, espe- 
 cially the Norman, were not easily assimilated ; but the friction 
 between the races was no less valuable than their later union 
 in the development of the national character. 
 
 It would be unjust not to mention the great service per- 
 formed by the Church during both the Saxon and the Nor- 
 man periods as the great unifying power of the realm. 
 Without it there would have been no common bond between 
 the kingdoms consoHdated by Egbert, and, but for its guid- 
 ing and directing influence, the Saxon and the Norman must 
 have remained apart much longer than was the case. 
 
 42. The Norman Rule: General Characteristics. — The Centraii- 
 
 comingofthe Normans necessarily altered to some extent nation. 
 
 the condition of affairs under the Saxons. The change Macy, Eng 
 
 would have been much more radical but for WiUiam's desire Const, 117- 
 
 132. 
 to appear to be what he claimed, — the lawful successor of 
 
 Edward the Confessor. The Witan was continued as the 
 King's Council, although the real power was gradually trans- 
 ferred to a committee of a few powerful nobles and church- 
 men. The centralizing Norman influence made itself felt 
 not only in the altered form taken by feudalism, but through 
 the royal appointment of the chief officials of the shire and 
 the gradual displacement of the shire mote, which was little 
 more than a court, by the King's judges. In the local divi- Ecclesiasti- 
 sions the political power still remained with the freemen, ^^^^^^^ 
 but the Church made itself felt by transforming the town into 
 
34 
 
 The American Federal State 
 
 Absolutism 
 produces 
 Magna 
 Charta and a 
 Parliament. 
 
 Macy, Eng, 
 
 Const., 
 
 158-179. 
 
 More liberty 
 given as a 
 reward for 
 the help of 
 the people. 
 
 a parish ; yet while the whole local system acquired a tinge 
 of ecclesiasticism and so came more under the control of 
 the King, it was not greatly altered. Many of the towns 
 had purchased exemption from baronial rule and had been 
 granted charters, which freed them from taxation upon pay- 
 ment of a stipulated sum, and left the suffrage in the hands 
 of the leading guilds of the place. 
 
 43. Contest between Crown and Nobility : Thirteenth 
 Century. — Probably the most marked characteristic of the 
 Norman and Angevin periods is the long contest between 
 the Crown and the nobility. This struggle had very great 
 influence upon the constitutional and institutional develop- 
 ment of England, for out of it grew the Parliament and the 
 recognition of many rights and privileges not existing on 
 the continent. At the first the Crown was so powerful that 
 it easily maintained its position without consulting the rest 
 of the realm. Under John, the tyranny became so oppres- 
 sive that nobles, clergy, and people made common cause 
 against the growing power of the King. Their victory was 
 so overwhelming that practically all their demands were 
 granted in the Great Charter (121 5), which guaranteed to 
 each citizen the writ of habeas corpus ^ right of trial by his 
 peers, and taxation only by consent of the council. Thus 
 at one stroke the already threatening power of the King was 
 checked, the nobles and commons were brought closer 
 together, and liberty of the whole people seemed to be 
 assured. But the twenty-five nobles who were to see that 
 the charter was observed found the task too difficult for 
 them, and the attempted restraint of the Crown was con- 
 tinued by warfare rather than by constitutional means. In 
 the contest, each side was anxious to get the help of the 
 people, and consequently offered rewards for their support. 
 This explains why in 1265 Simon de Montfort attempted to 
 strengthen his position by including in the national assembly 
 which he called two knights from each shire and two bur- 
 gesses from each town favorable to him. Not to be out- 
 witted by the nobles, the Crown adopted the same methods, 
 
Development on English Soil 35 
 
 so that after 1295, when a Parliament was called, it was cus- 
 tomary to summon the four estates of nobles, clergy, knights, 
 and burgesses. 
 
 44. Fourteenth to Sixteenth Centuries. — During the first A Parliament 
 half of the fourteenth century a change occurred in Parlia- ^[,^5^5*^° 
 ment which gave it much greater strength. Two of the four 
 
 estates — the nobles and clergy — united to form one house : ^^^^f^' '?'^<^* 
 
 , . Const I Hist., 
 
 while the other two always acted together m what was later 293-301. 
 called the House of Commons. As the Commons repre- 
 sented the people, both the Crown and the Lords were 
 
 anxious to secure their aid in the contest with each other. The Com- 
 
 .,.,-, mons gains 
 In consequence it soon became a recognized right of the the right to 
 
 Commons to vote supplies. Judicious use of this power vote supplies. 
 
 brought them others, for they refused to vote taxes for the ,- — 
 
 King till abuses were removed or privileges granted. But 
 
 just when it seemed as though the King's powers would 
 
 finally be restricted by the constitution, three causes led to 
 
 increased despotism. The nobility, which had born the The Tudor 
 
 kings su- 
 
 brunt of the battle in the contest with the King, was almost preme. 
 destroyed by the War of the Roses ; the restriction of the 
 suffrage to comparatively large property holders tended to 
 weaken the Commons at the same time ; and the large class 
 of yeomen, who had been the bulwark of Britain in the 
 long war with France, had begun to degenerate into a class 
 but little better than peasants, and had weakened the whole 
 nation. But while the Tudors taught Parliament the lesson 
 of servile obedience to the King, they increased its nominal 
 power, and those very monarchs, by their independent re- 
 Hgious attitude, set an example of political independence 
 which the great Puritanic element of the nation was not 
 slow to follow. The Renaissance had grown into the Refor- 
 mation, and in England the Reformation meant Hberty. 
 
 45. England at the Close of the Tudor Period : Central Predomi- 
 Government. — The Central Government in 1600 consisted ^q^^^^ 
 of the Crown, the Privy Council, the Parhament, and the 
 
 , . . 1 J i Macy, Eng. 
 
 Judiciary. There was no such separation into three depart- Q^nst., 
 ments as we have now in this country, The Crown was, to 247-260. 
 
36 
 
 The American Federal State 
 
 Medley, Eng. 
 Cons f I Hist., 
 
 Important 
 influence of 
 the local 
 gov't upon 
 America. 
 
 Local gov't 
 as a whole. 
 
 Goodnow, 
 Comp. Const' I 
 Law, I, 
 162-164. 
 
 Channing, 
 Town and 
 County Gov't 
 in the Colo- 
 nies, in 
 y. H. U. S., 
 II, 439-453. 
 
 A centralized 
 county gov't. 
 
 Fiske, Civil 
 Gov't of 
 U. S., 50-53. 
 
 all practical purposes, the government, but in the matter of 
 legislation the Crown and the ParHament acted together; 
 that is, there were the three houses of King, Lords, and 
 Commons, any one of which had an absolute veto over the 
 others. Even in legislation the King was the most powerful 
 house, as he possessed the real initiative in all important 
 matters. The Lords and the Commons each had powers of 
 their own, the latter deaHng chiefly with finance. But the 
 Crown could further increase its influence in legislation by 
 proroguing Parliament, and even by altering its composition. 
 It could create peers at will, and might change not only the 
 boroughs that sent representatives, but the franchise in 
 those boroughs. Still another power akin to legislation was 
 in the possession of the King. He could issue through the 
 Privy Council proclamations which had the force of law. 
 As the Council was chosen by him and directly responsi- 
 ble to him, this power was almost without limitations. As 
 executive, he was little restricted. He was commander-in- 
 chief, had absolute control of all foreign affairs, and possessed 
 great power in appointment. He selected all judges, to hold 
 office during good behavior, which meant the pleasure of 
 the monarch, and so it came about that the judiciary were 
 but tools of the King, who was the "fountain of justice." 
 
 46. Local Government in 1603. — In many ways these 
 central institutions were destined to exert a less direct 
 influence upon America than the local institutions of Eng- 
 land. It was a long time after the first settlements were 
 made before a real central government was established in 
 America ; while even the governments of the colonies were 
 developed so slowly that the influence of the Parliament and 
 the Crown was either purely general or made itself felt 
 through their relation to the colonies and consequent influ- 
 ence on the development of American nationality (§§ 83-88). 
 
 The local governments were of three kinds, those of the 
 counties, the parishes, and the boroughs. The county gov- 
 ernment was quite centralized, as all the important officials 
 were appointed by the Crown. The chief officials were the 
 
Development on Efiglish Soil 37 
 
 justices of the peace, who held court in place of the old Medley, £«^. 
 
 Const IF- ■ 
 392-400. 
 
 shire court, and looked after the administration of justice, 
 
 the highways, etc. They were assisted by the sheriff and the 
 lord lieutenant. In the parishes the vestry looked after '^^ Parish, 
 most secular and ecclesiastical matters. The vestry usually Fiske, md., 
 numbered twelve, and they were either chosen by the rate- 36-39- 
 payers of the parish or elected by the former vestry in case Medley, md^ 
 of a vacancy, that is, they formed a close corporation. In 400-404- 
 most of the parishes the ratepayers chose other persons, 
 such as the constable and the church-wardens, who were 
 overseers of the poor. When money was to be raised, the 
 amount and the manner of raising it was often decided by 
 the ratepayers. It can thus be seen that all over England 
 the people of the rural districts were accustomed to a system 
 of local government in which they took no small part. The 
 boroughs were governed in one of three ways, — the officials Borough 
 being elected by just a few persons who occupied poHtical s°^^™™^°- 
 positions, by a large number connected with the guilds, or 
 by the taxpayers at large. The government was not of so 
 popular a character as in the country, but even in the towns 
 there was considerable opportunity to gain political experi- 
 ence. It is not easy to realize that so great a degree of 
 self-government existed under the Tudors, but it can be 
 easily seen how great an advantage was derived by the more 
 progressive classes from this political experience. 
 
 47. The Rights of Englishmen (1600). — Just as the local Civil rights 
 governments of England furnished the models for the colo- ^'^s^cure. 
 nists, so the civil, political, and religious Hberty enjoyed or 
 denied in the England of the seventeenth century was the 
 basis of the new society which sprang out of the old under 
 conditions much more favorable to the development of Cf. Medley, 
 rights. From the times oi Magna Charta every freeman had ^^' ^""^^'^ 
 been nominally entitled to a speedy trial before a jury of his 434-460. 
 peers, without risk of being subjected to heavy bail, severe ^. . 
 fines, or excessive imprisonment. These provisions were, Eng-. Const. 
 however, very little observed. The writ of habeas corpus '^^ R^^g"- of 
 
 u J t- J J - ,. • - J • ^^^y Charles II, 
 
 had been suspenaea with impunity, and it was not till the 107-259. 
 
38 
 
 The A7nerican Federal State 
 
 Political 
 
 liberty 
 
 uncommon. 
 
 Disabilities 
 of non- 
 churchmen. 
 
 Economic 
 freedom 
 almost 
 unknown. 
 
 law of 1679 was passed that the writ was faithfully observed 
 It is difficult for us to imagine a condition of society that 
 called itself civilized, where human life was held so cheap 
 that the number of crimes punishable by death was over one 
 hundred, where the stealing of a sixpence's worth of property 
 was a capital oifence, and where there was no guarantee 
 that a person accused of a crime would have a chance to 
 prove his innocence. 
 
 Political liberty was by no means common. In the 
 chartered boroughs, only the members of the favored guild 
 — in many cases only the most favored members — had a 
 right to vote for either the town officers or the representa- 
 tives in Parliament. In the counties, none but freeholders 
 who owned property worth forty shillings a year voted for 
 members of the House of Commons, though the parish 
 officers were nominally at least elected by the parishioners 
 in most parts of the country. The offices were class 
 privileges. 
 
 Religious liberty was almost unknown in every part of 
 Europe, Church and State being everywhere united, and the 
 man outside the authorized Church seemed hardly entitled 
 to the protection of the State. Actual persecutions were 
 not so common in England as on the continent, but Separa- 
 tists, Quakers, and Catholics each came in for a share. By 
 the law of 1562, Catholics were excluded from the House 
 of Commons till the Catholics' emancipation bill was passed 
 in 1829. In voting for public officials, all dissenters were 
 necessarily excluded. 
 
 While the period of monopolies and commercial restric- 
 tion belonged rather to the later history of the seventeenth 
 century and to the eighteenth, this was an age of anything 
 but economic freedom. Custom as well as law prevented 
 even freemen from taking advantage of opportunities which 
 required a change of occupation or residence. A practical 
 serfdom existed in many parts of the country, and agricul- 
 ture was of course the only important occupation. Later in 
 the century, unwise restrictive commercial, tariff, and navi- 
 
Development on English Soil 39 
 
 gation laws became even more common, and stunted many 
 
 growing industries. In every way a selfish policy was in the 
 
 end ruinous to all concerned. 
 
 Unfortunately there was not as great a change in the Real liberty 
 
 rights of the people as in the powers of ParUament during developed 
 , , , , . ,. , ^ much later. 
 
 the seventeenth century ; but the growmg enhghtenment of 
 
 the nation and the growth of Hberal ideas caused a gradual 
 emancipation from the harsher and cruder forms of servi- 
 tude. Through it all, in fact, throughout EngHsh history, 
 the people show a spirit of sturdy independence, combined 
 with a love of order and a respect for law, growing probably 
 out of the system of well-preserved local self-government, of 
 which all persons of the Enghsh-speaking race may well 
 be proud. 
 
 48. The Revolutions of the Seventeenth Century. — Limited Arbitrary ao 
 
 as were the powers of the Parhament in 1600, the Stuarts tio^ofthe 
 1 .... . . , Stuarts in- 
 
 attempted to rule entirely without its aid. Although the creases 
 
 members of Parliament were much more independent in power of 
 character than those under the Tudors, it is questionable 
 whether they could have increased the powers of either Borgeaud, 
 house but for the foohsh stubbornness of the kings. They ^^^tZq'^^' 
 had only to assert the rights which had always been recog- 
 nized as theirs, and which were now being violated, in ^^g. Const., 
 order to win the cordial support of the nation. But they 91-99- 
 no sooner obtained promises of reform than these promises Medley, 
 were broken. This falseness further weakened the position ^«<^- Const'i 
 of the Stuarts. But it was not in their political relations ^ ' ^°^~ 
 toward Parliament, but because of their religious absolutism, 
 that the great rebeUion broke out. Strangely enough, the 
 results of the civil war were more favorable to parliamentary 
 independence than to religious freedom. 
 
 After 1660 the individual subject was no more free Revolution ol 
 from arbitrary restrictions than before. It required another ^^^^' 
 struggle to have his rights not only recognized, but respected. Montague, 
 The Revolution of 1688, with the political changes of the ^^^ilj^ce"^ " 
 subsequent decade, is significant from two points of view. 
 First, it marks the beginning of real individual liberty by 
 
40 The American Federal State 
 
 assuring freedom of the press, religious toleration, and re< 
 pect for the new habeas corpus act by making the tenure of 
 the judges for good behavior. Second, it placed Parliament 
 in a stronger position ; for while the Crown was not deprived 
 of many important powers, the dependence of the Crown 
 4 ,^ upon Parliament in certain particulars injured the former. 
 
 Natur^ ofthc^ 49- Cabinet System and its Development.^ — It was this 
 Cabinet sys- peculiar relation of the Crown and Parliament which, under 
 the favorable conditions during the Hanoverian period, led 
 to the development of the Cabinet system. This system may 
 Medley, be described as one in which the powers of the Crown are 
 
 ms't \\^ exercised by a Cabinet responsible not to the monarch, but 
 III. to the ParHament. The members of the Cabinet are leaders 
 
 of the Parliament ; they are in one sense the servants of the 
 Parliament, in another its masters. They are the servants 
 now of the Commons, because, if the lower house votes in 
 opposition to them, they must either resign in a body or 
 have a new election of the Commons on the point at issue. 
 They are its masters because they still have the Crown's pre- 
 rogative of introducing bills, i.e. they have the initiative in 
 all important legislation. It was not till the middle of this 
 century that the Cabinet system was fully developed. 
 Evolution of The Cabinet was originally composed of those members 
 the Cabinet. ^^ ^^ Privy Council who especially enjoyed the confidence 
 Wilson, The ^f ^\^^ Kiuff. As late as the time of William III they were 
 
 state, \\ 854- „ . , , , , , .. , , . 
 
 859. really appomted by the monarch and responsible to him, 
 
 but were then, as now, a body not recognized by law. 
 
 Medley, ibid., -.,1 ^ , , ^^ , . , ... ,. , , . 
 
 104-112. Under George I and II the inability of the kings to speak 
 
 English, and their ignorance of EngHsh poKtics, led them to 
 
 Montague, , , , . r , . . . 
 
 Eng. Const., leave the business of government to the prime minister, who 
 163-173- kept his place if he could control Parliament. In this way 
 
 the interdependence of the Cabinet and Parliament was 
 brought about. George III tried to check this movement 
 by seeking to exercise the powers of the Crown more 
 directly, but the attempt ended in failure. As the Cabinet 
 
 1 This section and the next are given for the sake of comparison with 
 /ater development in America. 
 
Development on English Soil 41 
 
 could not be responsible to two houses, who might disagree, 
 the power to control the Cabinet was left to the Commons, 
 who were, in their turn, before 1832, controlled by the 
 Lords. Since that time the people, through their represen- 
 tatives, have exercised all the powers of government. 
 
 50. The Constitution made Democratic. — Before 1832 it The three re 
 was the custom to choose representatives from the counties ^°^^ ^^^'^ °^ 
 
 the nme- 
 
 and from boroughs that had been selected centuries before, teenth cen- 
 
 It was one of the Crown's powers to alter the list of places ^^"^y- 
 
 sending members — one which the King had lost, but which Montague, 
 
 the Parhament hesitated to assume. In these boroughs the ^'^^^■.203-212. 
 
 suffrage varied widely, but in almost ever}' case was very Compare ref- 
 
 restricted. In the counties few voted, because few were ^^^""^^^^ 
 
 ' end of chap. 
 
 owners of any land at all. In the Reform Act of 1832 the xxii. 
 popular demands for a share in the government were granted. 
 Suffrage was very far from universal, but the number of 
 voters was more than doubled ; while most of the rotten 
 boroughs were struck from the list, and the towns that had 
 grown up as a result of the new industrial movement were 
 put on. This act was bitterly opposed by the Lords, who, 
 by their very opposition, signed their death warrant. The 
 parliaments called under it furthered the cause of reform 
 and popular liberty, and through various measures, particu- 
 larly the acts of 1868 and 1884, have made the government 
 much more popular. It must not be supposed, however, 
 that the aristocracy are without power. The political leaders 
 have usually been drawn from their ranks, and form a class 
 such as does not exist in this country. 
 
 QUESTIONS AND REFERENCES 
 England before 1603 (§§ 40-44) 
 
 a. As to whether English liberty was due to the Anglo-Saxons or 
 the Puritans, compare Freeman, and Borgeaud's Democracy in Eng- 
 land and Ne-w England, Part I. 
 
 I. Compare the influence of the feudal system upon the King's 
 power in France, Germany, and England. 
 
42 The American Federal State 
 
 2. Show in what ways the contest between the King and the 
 Church affected the history of England. 
 
 3. Give the causes which led to the growth of free cities. Show 
 how they became free, and trace their influence upon modern freedom. 
 
 4. Did Magna Charta recognize the principle of " no taxation with* 
 out representation " ? 
 
 5. Did Parliament have the legal right to elect and depose kings 
 before the Tudor period? Prove. 
 
 6. Give reasons for the disfranchisement of the poorer classes. Was 
 it a benefit in any way before 1500? Why was it injurious after 1500? 
 
 7. State clearly why Parliament became subservient to the Tudors. 
 
 England in 1603 (§§ 45-47) 
 
 1. How was Parliament chosen in 1600? Give a brief history of 
 the judiciary under the Tudors. 
 
 2. Why had local self-government been preserved when the national 
 government was absolute? 
 
 3. Compare the different kinds of liberty in England (1600) with 
 those existing, in Anglo-Saxon times, in Massachusetts and Virginia, 
 (1650); in the United States to-day. 
 
 England since 1603 (§§ 48-50) 
 
 1. Were the Stuarts more absolute than the Tudors? If so, in what 
 ways? 
 
 2. Account for the difference between the action of the Parliament 
 from 1530 to 1546 and from 1630 to 1640. 
 
 3. What part did Puritanism play in the events of the seventeenth 
 century? 
 
 4. Give in detail the changes in government and liberty that fol- 
 lowed the Revolution of 1688. 
 
 5. Has the Parliamentary system succeeded in preserving both the 
 prerogative of the Crown and the rights of Parliament ? Explain. 
 
 6. Did George III hasten or retard the development of govern- 
 ment by the people? 
 
 7. In what ways was the Reform Act of 1832 a revolutionary 
 
 measure ? 
 
 Government of England To-day 
 
 a. On the central government, consult Macy, 9-I16; Wilson, 
 §§ 860-936; Traill, Central Government ; Bagehot, English Consti- 
 tution; Burgess, Constitutional Law, I, 91-97, 138-141; 11, 59-76, 
 185-215, 338-346; Goodnow, Comparative Administrative Law (table 
 of contents) ; Courtney, Working Const, of United Kingdom, 1-228. 
 
 b. On local government, see Wilson, §§ 938-1010; Chambers, 
 Local Government ; Maltbie, English Local Government of To-day. 
 
CHAPTER III 
 
 THE COLONIAL PERIOD (1600-1763) 
 General References 
 
 Thwaites, The Colonies. The best single volume. 
 
 Hart, Fortnation of the Union, 1-41. 
 
 Channing, Student's History of the U^iited States. An excellent suna- 
 mary of our history from 1492 to 1898. 
 
 Channing, The United States of A?7ierica (i 765-1865), 1-40. 
 
 Mace, Method in History. A suggestive interpretation of our history 
 to 1865; to 1763, pp. 82-104. 
 
 S\.o2inQ, French War and Revolution, 1-116. 
 
 Lodge, A Short History of the E?tglish Colonies in America. Excel- 
 lent studies on social life. 
 
 Channing, Town and Coujity Governinent in the English Colonies. 
 {J. H. U. S., 11.) 
 
 Frothingham, Rise of the Republic, chaps. I-IV. Especially good on 
 the development of Union. 
 
 Story, Commentaries on the Constitution, §§ 1-197. The best con- 
 stitutional summary. 
 
 Lamed, History for Ready Reference. Under U. S. and names of states. 
 
 Lecky, England in the XVHI Ce^itury, II, 1-21; III, 321-331, 
 
 341-346. 
 Fiske, Beginnings of New England; Old Virginia, 2 volumes, and 
 
 The Dutch and Quaker Colonies of America, 2 volumes, 
 Taylor, Growth of the English Constitution. Introduction. Traces 
 
 continuous development from England. 
 Howard, Local Constitutio7ial History of the United States. The 
 
 authority on the subject. 
 Macdonald, Documents Illustrative of American History (1606-1775). 
 Winsor, Narrative and Critical History of America, III-V. 
 Bancroft, History of the United States (last revision). Vols. I, II. 
 Hildreth, History of the United States, I, II. American Commonwealth 
 
 Series. Connecticut particularly valuable. 
 For further bibliography, consult Thwaites and Hart (see above), 
 
 "Winsor, Narrative a?id Critical History, III-V; Mace, Man- 
 ual ; Channing and Hart, Guide. 
 
 43 
 
44 The American Federal State 
 
 Settlements 51. Method of making Settlements in America. — All of 
 
 under land ^^ early settlements of the English in America were small, 
 grants. 
 
 and most of them were made in the same way. When for 
 
 any reason a party of men wished to emigrate to the new 
 world or to send out others in search of wealth, they sought 
 a grant of land upon which to make their future homes. 
 In some cases they were not only given a strip of land, 
 but were incorporated into a company with a charter from 
 the King. This charter stated the limits of their territory 
 and told how the company should govern itself. In time 
 the Atlantic coast and the banks of the larger rivers became 
 covered with tiny settlements, often unconnected with each 
 other, but usually made under the direction of the com- 
 panies or of individuals called proprietors, who controlled 
 Colonial be- that particular territory. It would scarcely be correct to 
 ginnings. ^^^ ^^^ these scattered settlements united to form colonies, 
 for as a rule the "colony " existed quite as early as any of 
 its settlements ; but it is possible to assert that the " colony " 
 had no real existence till these settlements became so 
 numerous that they were consolidated and a common colo- 
 nial government became necessary. 
 Thwaites, 52. Influences affecting Colonies. — The character of the 
 
 The Colonies, local government and of the central government developed 
 in each colony was largely influenced by the particular con- 
 Character o (ji|-iQj^s tQ which it was subject. Perhaps the most impor- 
 
 the colonists. j r r 
 
 tant of these conditions was the character of the colonists 
 Hon 'of the themselves ; for that determined, among other things, what 
 Union, \ 4. kind of ideas and institutions were brought to the colony. 
 Channing, Hardly less significant was the influence of soil and climate, 
 Local Govt which played such an important part in making the town 
 ^nies^^' ° °' ^^ natural local unit of New England and the plantation 
 J. H. U. S., that of the South, and which left such an important impres- 
 11,437 e^seg. g-Qj^ ^^ ^j^g YifQ of each section. Where people of other 
 Influence of nationalities were found, they almost always left some trace, 
 mat^"^^'^' "^^^^^ ^^^ pecuUar form of the church institutions, the 
 
 introduction of different social classes, and finally the char- 
 H 70, 74.' acter of the earliest charter in each colony, with those 
 
The Colonial Period 
 
 45 
 
 apparent accidents which helped to give it its pecuHar 
 development, were among the causes of many differences 
 between the colonies. 
 
 53. Lines of Political Development. — It is customary to 
 separate the colonies into three distinct classes, because of 
 differences in the character of the local governments estab- 
 lished : (i) the town system developed in New England; 
 (2) the county system in Virginia and the South; and (3) 
 the compromise or mixed system in the Middle colonies. 
 The reasons why these kinds of governments were estab- 
 lished in the different localities depend upon the influence 
 which each one of the causes just mentioned exerted over 
 that locality. How those causes happened to develop these 
 types of local government, we shall see shortly. It is suffi- 
 cient here to add that town, county, and mixed systems 
 exerted a vast influence historically over belts directly west 
 of the colonies in which each type was developed. 
 
 54. The Charter of 1606. — It was the most natural thing in the 
 world that, when the merchants of London and Plymouth wanted to 
 make settlements in America for purposes of trade, they should have 
 applied for a charter. During the Middle Ages there had grown up 
 all over Europe the custom of granting to corporate guilds town char- 
 ters, with extended pri\'ileges. Out of these had come land charters, 
 which not only stated the bounds of the land grant, but defined the 
 rights of the company with regard to liberty and government. Only 
 six years before, in 1599, Elizabeth had given the famous East India 
 Company a hberal charter, with almost complete power of self-gov- 
 ernment. 
 
 The charter grant to the Plymouth and London companies in 1606, 
 while less liberal than that of the East India Company, gave very ex- 
 tensive territories. The Plymouth Company could settle anywhere 
 between the 41 and 45 parallel, and the London Company between 34° 
 and 38°. The government for each company was vested in an English- 
 council of thirteen persons, appointed by the King. Under this council 
 were two others of thirteen each, appointed in the same way for the 
 colonies. None of these councils were law-making bodies, as they 
 merely carried out the instructions of the King. They were, however, 
 given the right to defend the colonies and to coin money. The rights 
 of the colonists were guaranteed by the stipulation that they should 
 have " all the liberties, franchises, and immunities of free denizens 
 
 Different 
 t\-pes of local 
 government. 
 
 Taylor, Eng. 
 Constitution, 
 I, 27-30. 
 
 Fiske, Civil 
 
 Gov't in 
 
 U. S., 81-95. 
 
 Previous his- 
 tory of char- 
 ters. 
 
 Fisher, Evo- 
 lution of the 
 Const,, 28, 29. 
 
 Provisions. 
 Brown, Gene- 
 sis of the 
 Const., I, 52- 
 63. 
 
 Macdonald, 
 Documents, 
 1606-IJJS' 
 
46 
 
 The American Federal State 
 
 Conditions 
 were anti- 
 democratic. 
 
 Mace, Meth- 
 od in History, 
 93-103. 
 
 Crane and 
 Moses, Poli- 
 tics, 91-100, 
 118-125. 
 
 Two repre- 
 sentatives 
 from each 
 town, hun- 
 dred, or 
 plantation. 
 
 Channing, 
 §43. 
 
 and natural subjects within any of our dominions, to all intents and 
 purposes as if they had been abiding and born within this our realm of 
 England, or in any other of our dominions." 
 
 55. General Character of Political and Social Conditions in 
 the South. — In one sense most of the English settlements 
 were made under the charter of 1606, but it was upon Vir- 
 ginia that the charter exercised the greatest influence. The 
 subsequent charters of that colony were direct successors 
 of that instrument, but more democratic in spirit, as the 
 powers of government were soon transferred to the whole 
 body of stockholders. Under these charters many settlers 
 migrated to America. Their character might readily be 
 imagined from the motives that prompted them, as practi- 
 cally all were in search of adventure or wealth. Class dis- 
 tinctions were made almost from the start, and became 
 much more prominent as the colony grew. The great 
 tobacco plantations fostered a landed aristocracy at the 
 same time that they made slave labor necessary, and the 
 importation of indented servants profitable. Such social 
 differences counteracted all influences toward equality of 
 any kind. General education would have been out of place 
 in such a system. All ecclesiastical, economic, and political 
 advantages gradually became the possession of the highest 
 class, who looked upon themselves as the natural leaders. 
 It is not strange that, under such circumstances, the whole 
 life of the people should have been productive of inequali- 
 ties, which were clearly expressed in absence of local self- 
 government, restriction of the suffrage, and concentration 
 of power in the hands of a few. 
 
 56. The First Virginia Assembly (1619). — These restric- 
 tive tendencies were not especially noticeable at the very 
 beginning. The first fifteen years of Virginia history showed 
 great constitutional progress of all classes then in the 
 colony. The settlers had shown themselves so opposed to 
 the arbitrary rule of the governors sent over that the major- 
 ity of the English company, who belonged to the liberal 
 party, decided to try an experiment in self-government. To 
 
The Colonial Period 47 
 
 that end they, in 1619, directed the governor, Yeardley, Fiske, Old 
 to call two representatives from each town, hundred, or ^^" ^' ^^5- 
 
 Ioo> 
 
 plantation to assist him and his council in making the laws. 
 In this way was a spirit of independence in America com- 
 bined with the liberalism of an English company in the 
 development of the first popular assembly in America. 
 
 57. The People and the Government in the South. — By Assembly of 
 the Royal Instmctions of 162 1 this system of colonial i^^^°^^'J^ej-s 
 
 •^ ^ continued. 
 
 government was mdorsed and contmued; and when, in 
 1624, the Virginia Company was dissolved and the charter 
 recalled, the King took the place of the company in appoint- 
 ing the governor, the council, and the other officials, 
 although the people were still allowed to choose representa- 
 tives to sit with the council. This model was imitated by 
 the other colonies in the South. The early attempt to 
 allow all the freemen of Maryland to have a part in making 
 the laws soon gave place to such an assembly, sitting not 
 as a separate body, but with the governor's council. Caro- 
 lina did not even attempt to use the cumbersome constitu- 
 tion of Locke, but early adopted the Virginia system, which 
 seemed so well suited to the conditions. Yet even the 
 rough life of the frontier did not produce perfect equality. 
 The existence of well-defined classes, graded from slaves up 
 through indented servants to the landed classes, affected 
 politics as well as society, and kept the suffrage from the 
 hands of all the freemen. 
 
 58. Local Government in Virginia. — In local government Local 
 
 the people took even less part. The soil was so well g°'^^''""'^^°t 
 
 ^ ^ ^ corn- 
 
 adapted to agriculture that plantations naturally sprang up parativeiy 
 
 everywhere, and towns did not flourish. As a country set- unimportant 
 
 tied with plantations has a very scattered population, it Hinsdale, 
 
 possesses few needs that require the attention of the whole ^^74-79- 
 
 people for even a large district. In consequence of these Channing, 
 
 conditions the county was much more important than the j,h.u.s.\ 
 
 parish. This left to the vestry of the parish few important n, 474-489- 
 
 duties, and in time the vestry came to reelect its own sue- closed 
 
 cessors according to the custom of many parishes and more vestries. 
 
48 
 
 The American Federal State 
 
 Fiske, Civil 
 Gov't, 59-61. 
 
 Centralized 
 
 county 
 
 government. 
 
 Taylor, Eng. 
 Constitution, 
 I. 38-39. 
 
 Howard, 
 Local Const'l 
 Hist., 393- 
 397. 
 
 Democratic 
 ideas and 
 practices of 
 the Puritans. 
 
 Mace, 
 Method in 
 History, 
 86-93. 
 
 Borgeaud, 
 Democracy. 
 
 Crane and 
 Moses, 
 Politics, 
 101-117. 
 
 municipal councils in England. Such " closed vestries " 
 were, of course, fatal to the political development of the 
 people, who became so indifferent to questions of govern- 
 ment as not to use opportunities that were offered to 
 improve their condition. 
 
 The county government was even less favorable to po- 
 litical equality. The county officers, the lieutenant, the 
 sheriff, and the justices of the peace, who had administra- 
 tive as well as judicial duties, held office through appoint- 
 ment by the governor. The people were debarred from 
 any share whatever in the direct conduct of affairs. Yet 
 the aristocracy who controlled the parishes and the assembly 
 did make themselves felt in the government of the county, 
 because by custom the governor chose the county officers 
 from their number. 
 
 59. General Character of Political and Social Conditions in 
 New England. — New England was settled almost exclusively 
 by Enghsh Puritans, most of whom came to this country in 
 order to get rid of the arbitrary church government imposed 
 upon them by the ministers of Charles I. They believed in 
 simplicity in church rule, in election of pastors by the con- 
 gregations, and that the conduct of the individual should 
 be controlled by the standards of Scripture. They had not 
 separated from the Enghsh Church, but had attempted to 
 reform it by persuading the Church to adopt their methods. 
 When that failed, a great many congregations migrated as 
 one body to America. On account of similar interests, fear 
 of the Indians, and the lack of large fertile valleys suitable 
 for plantations, they settled together and usually established 
 what was known as the " Independent " form of church 
 government, i.e. the whole congregation chose the pastor, 
 looked after the finances and other matters. It was very 
 natural that the congregation should look after what few 
 secular matters needed attention, so we find the congrega- 
 tion formed what was really a town meeting, in which only 
 church members could vote. In this way the religious 
 organization of the Puritans made possible and necessary 
 
The Colonial Period 
 
 49 
 
 v/hat was the most democratic form of local government 
 then in existence, but it also made religious qualifications for 
 voters almost as necessary. 
 
 The Puritan spirit produced some interesting results, Liberality 
 because it vv^as democratic in one sense and exclusive in ^.^^ exciu- 
 
 siveness of 
 
 another. The dependence upon Scripture led them to the Puritans, 
 establish schools in order that they might study to better 
 advantage. Their attempts to govern themselves in their 
 own way led them to restrict the privileges of the non-Puri- 
 tans of the colony, and those whose privileges were thus 
 restricted with true Puritan spirit protested with such suc- 
 cess that the new government was even more democratic 
 than the old. Thus the spirit of the Puritans leavened the 
 whole community. It never overcame religious exclusive- 
 ness nor produced social equaUty, but it effectually counter- 
 acted every tendency toward centralization in government, 
 made education at public expense the policy of the colonies, 
 and gave to all practically the same civil rights. 
 
 60. Early Constitutional Development in Massachusetts. — Charter of 
 The charter which the King gave Massachusetts Bay Com- ^^^9- 
 pany (1629) was a very liberal document. It placed the Channing, 
 entire control of the government in the hands of the stock- ^ 59- 
 holders, and permitted them to elect the governor, deputy- 
 governor, and the eighteen assistants, and to control the 
 admission of new members. It was this instrument which 
 Winthrop and his companions boldly carried to America the 
 year after settlements were begun. As there were already 
 scattered church congregations in which each member was 
 allowed a voice in the conduct of all affairs, ecclesiastical or 
 secular, these church members now took the places of the 
 former stockholders, i.e. they were given the same right to Early civil 
 vote. So the charter of a corporation became the charter ^^^P^^^s- 
 of a society in which Church and State were closely united, Montgomery, 
 but to which the Church brought the life-giving principle of student's 
 
 ^ 771 Cf Hi St 
 
 popular government. xAs the colony grew and the govern- §^87-89. 
 ment became more complicated, tendencies less favorable to 
 growth appeared. The non-church members began to out- 
 
50 
 
 The American Federal State 
 
 Victories of 
 the Liberals. 
 
 Mace, 
 Manual of 
 Amer. Hist., 
 129-131 
 (text). 
 
 A more 
 
 democratic 
 
 government 
 
 involving 
 
 new political 
 
 principles. 
 
 Thwaites, 
 Colonies, \ 58. 
 
 Johnston, 
 
 Connecticut, 
 
 63-78. 
 
 Borgeaud, 
 Democracy, 
 I 17-142. 
 
 number the communicants so that the suffrage really became 
 quite restricted. At the same time the general court, as the 
 body of assistants was called, began to legislate with regard 
 to matters purely local, recklessly invading the sphere of the 
 town meetings. This centralizing tendency met with uni- 
 versal opposition, leading to two results. First, all purely 
 local matters were left to the towns, and second, repre- 
 sentatives of the towns began to sit with the assistants, in 
 order to help them in making the laws and to guard the 
 interests of the towns. 
 
 But the liberalism due to the opposition of the Puritan 
 spirit to Puritan exclusiveness did not stop there. In 1662, 
 by what was known as the " halfway covenant," many per- 
 sons not church members were given the privilege of voting. 
 Before that, the lack of a written code had made it possible 
 for the magistrates to apply the laws loosely, and had caused 
 many complaints. In 1641 the " Body of Liberties " reme- 
 died this state of affairs by guaranteeing to all the right of 
 trial by jury, and of petition and equal protection before the 
 law. Suffrage for members of the town meetings was altered 
 so that many who could not vote for representatives might 
 vote for selectmen. 
 
 61. The Connecticut Constitution (1639). — The colonies 
 that were planted south of Massachusetts showed much the 
 same characteristics. The self-governing town was everywhere 
 the great stronghold of liberty and the basis of government. 
 It was nowhere better developed than in Connecticut. The 
 people of Connecticut had emigrated from Massachusetts 
 largely because they opposed the narrowness shown in the 
 strict religious test for voters, though they later outgrew 
 their scruples and applied a test similar to that of Massa- 
 chusetts. As they had no charter, they arranged for them- 
 selves a system of government like that in Massachusetts. 
 The influence of the charter as a constitution is clearly 
 shown by the embodiment of these fundamental laws in a 
 written document; but the fact that these "Fundamental 
 Orders " were created by the people themselves and not given 
 
The Colonial Period 
 
 51 
 
 by an outside person marks a distinct step in advance in 
 constitutional development. No mention is made of assem- 
 blies of all the freemen of the settlement, but deputies from 
 the towns were to meet with the governor, deputy-governor, 
 and magistrates (assistants), while the governor was elected 
 by the general court. 
 
 99. 
 
 A system of government was recognized and guaranteed for both Events 
 Connecticut and Rhode Island by their liberal charters of 1662 and between 1650 
 1663. In the latter colony the spirit of freedom went farther than in '^ 
 
 the others, by preserving the right of suffrage for freemen after it had Channing, 
 disappeared elsewhere. About the time these charters were granted, hk 81-84, 9^- 
 that of Massachusetts was confirmed, on condition that certain things 
 were done for the Crown and for members of the Church of England. 
 The failure of Massachusetts to carry out its part led to the revoca- 
 tion of its charter in 1684, and was followed by the unsuccessful 
 attempt to revoke the charters of Connecticut and Rhode Island. 
 Under William III, Massachusetts obtained a new charter, which 
 made property and not religion the basis of the suffrage, and left the 
 appointment of the governor in the hands of the King. 
 
 62. The Town Meeting. — The influence of the New 
 England town meeting upon American constitutional lib- 
 erty can hardly be overestimated. The meetings were 
 held at least once a year, usually in the spring, and all 
 "freemen" were accustomed to come together to discuss 
 and decide matters pertaining to local or central govern- 
 ment, to vote for the assistants, in some cases for the gov- 
 ernor and his deputy, and to choose representatives to the 
 assembly as well as their own town officers. As every town 
 had at least one deputy in the assembly, interest in the 
 affairs of the colony was always maintained. In the local 
 government, the people chose selectmen to decide unim- 
 portant matters that came up betv/een the sessions of the 
 town meeting; but the records were often subjected to a 
 very searching criticism, so that supervision was constant 
 and careful. Other officers, such as the constable, over- 
 seers of the highway, overseers of the poor, and town 
 clerk were chosen at the spring meetings each year, and 
 
 Character, 
 methods, and 
 influence. 
 
 Fiske, Civil 
 Govt, 16-31. 
 
 Howard, 
 ibid,, 62-74. 
 
 Channing, in 
 J. H. U. S., 
 
 n, 459-474. 
 
52 
 
 The American Federal State 
 
 Popular 
 
 assembly ; 
 supervisor 
 system for 
 localities. 
 
 Mace, 
 Method in 
 History, 103- 
 104. 
 
 Goodnow, 
 Administra- 
 tive Law, I, 
 178-185. 
 
 Howard, 
 ibid., 362- 
 364. 
 
 Commis- 
 sioner sys- 
 tem in the 
 counties. 
 
 Howard, 
 ibid., 373- 
 387. 
 
 were constantly under surveillance. This was possible 
 because almost all of the towns were small and compact, 
 and because interference in local affairs by the assembly had 
 not been allowed. In the selection of town officers, suffrage 
 was at first practically the same as for choosing representatives 
 of the colonial government, but in time many non-freemen 
 who were property owners were admitted. At the close of 
 the seventeenth century any landowner with property worth 
 forty shillings a year was allowed to vote. 
 
 63. New York. — In the colonies conquered from the 
 Dutch the unit of local government had generally been 
 the manor, but it was rarely or never self-governing. The 
 central government was autocratic, and but Httle influenced 
 even by the nine advisors chosen by a few of the people. 
 The English occupation introduced the general principles 
 of English liberty, and in the course of twenty years led to 
 the establishment of an assembly chosen by the freeholders 
 to sit with the councillors and make the laws. No taxes 
 were to be levied without the consent of this assembly. 
 The manors were gradually supplanted by the township 
 system, which as a late growth possessed much less vitality 
 and power than in New England. The chief peculiarity of 
 the system was the method of having the towns in each 
 county choose supervisors as an administrative assembly for 
 that county. 
 
 64. Pennsylvania. — The system of local government 
 that was most common in Pennsylvania was, like that of 
 New York, a compromise between the county and the town- 
 ship type, but it was more influenced by the county, as the 
 colony was so much nearer Virginia. Instead of having 
 supervisors from the townships as in New York, the county 
 was governed by commissioners elected from three or five 
 districts. There was little or no township government at 
 the first, and the county oflicials were given extended 
 powers. 
 
 While the political institutions of the Quakers are not espe- 
 cially noteworthy, their political and social ideas belonged 
 
The Colonial Period 53 
 
 to the nineteenth rather than the seventeenth century. The Advanced 
 principle of equality was at the basis of these ideas, and Q^^kers 
 led in many cases to extremely liberal and humanitarian 
 views. The treatment of people belonging to other sects 
 was not marked by the harshness observable elsewhere, the 
 suffrage was subject to fewer restrictions than in other colo- 
 nies, and an attempt was made, though without success, to 
 abolish the death penalty except for murder. 
 
 65. Central Government : General. — It has been custom- The classical 
 ary to divide the colonies into three classes, according to the ^j^^ colonies, 
 method of appointing the governor : the Royal, in which „ ' ^_ 
 the governor is the representative of the King ; the Pro- mentaries, 
 prietary, in which he is appointed by the " proprietor " ; and ^^ 159-161. 
 the Charter, which have governors elected by the people. Cf.Channing 
 A more perfect classification is that suggested by Professor ^Q^i^g^T\ 
 Osgood, who separates them into Corporation and Provin- 
 cial colonies, the former acting as a corporate body, the Professor 
 
 . Osgood's 
 
 latter m direct dependence on the mother country, in classification. 
 
 many of the colonies we find that the frame of government ^ , . 
 
 •' ° Osgood, in 
 
 is to some extent outlined in a charter or in written instruc- a. h. a., 
 tions with which the system must conform. All had the 1895,617-627. 
 three departments of government more or less separated, 
 and legislatures in all degrees of development. Each colo- 
 nial government was entirely separate from every other, but 
 was in close touch with the home government, and in regard 
 to most matters subject to its supervision. 
 
 In 1760 the only pure charter colonies were Connecticut and 
 Rhode Island. Massachusetts approached the charter form, but had 
 a governor appointed by the Crown. Pennsylvania, Delaware, and 
 Maryland were Proprietary, the rest were Royal. 
 
 66. The Charter as a Colonial Constitution. — Although Nature of a 
 so few of the colonies were classified as charter, in one 
 
 sense all of them showed the influence of the charters Thwaites, 
 which most of them had in the beginning. As has been r ^^o. 
 said, these charters were documents issued by the Crown to 
 individuals or to incorporated companies giving a grant of 
 
54 
 
 The American Federal State 
 
 (On the 
 
 whole sub- 
 ject, see 
 Morey, in 
 A. A, A., I, 
 537-S44-) 
 
 Development 
 of the " char- 
 ter constitu- 
 tion." 
 
 The per- 
 sistence of 
 charter gov- 
 ernment. 
 
 land, defining the rights of the company, and giving a plan 
 for the government of the company. In theory, these char- 
 ters were irrevocable by the Crown, though forfeitable to it ; 
 but in no way before the Revolution was the right of Par- 
 liament to interfere with any charter admitted. The Stuart 
 kings did, however, annul charters with impunity and with- 
 out sufficient cause; but under the Hanoverians this illegal 
 practice was discontinued. 
 
 Most of the colonies had possessed charters which they 
 in time surrendered or lost, but Massachusetts, Connecticut, 
 and Rhode Island continued to govern themselves according 
 to their charters until the Revolution. We have already 
 seen in some detail how the earliest charters came to be the 
 fundamental law of Massachusetts and Virginia, and how 
 other colonies embodied in later charters a more perfect 
 system of government modelled upon one or the other sys- 
 tem. These later charters nominally created corporations, 
 so the legal fiction of a trading company was preserved, but 
 to all intents and purposes the Connecticut charter of 1664 
 was the Constitution of 1639 recognized by the King. It 
 thus had the sanction of the people, which was necessary 
 tp make it a constitution, and the sanction of the King, 
 which was necessary to a colonial constitution. While the 
 other charters represent these ideas less perfectly, they 
 were well enough developed to make them essentially the 
 same. 
 
 In those colonies that had lost their charters, the charter 
 government was preserved through definite instructions or 
 frames of government, and the charter influence is clearly 
 seen in the determined protests of the people to any arbitrary 
 change of the spirit or form of government. Frequent refer- 
 ence was made to the rights of the charter, even though the 
 charter itself had long since been annulled. The persistent and 
 pretty well recognized claim made by Virginia to the north- 
 west territory on the basis of her charter of 161 2 is but a 
 familiar example of this. So that to a limited extent all of 
 the colonies enjoyed the privileges of a written constitution. 
 
The Colonial Period 55 
 
 In all of these colonies, if a citizen believed the colonial The princi- 
 
 law conflicted with the charter, he had the right to bring the stftutio'liT''' 
 
 matter into court for settlement, with appeal to the Lords of legislation. 
 
 Trade, so that a principle similar to our present interpreta- ^^- ^ 376. 
 tion of our constitutions by the courts was recognized. 
 
 67 The trovemor. — In eight of the thirteen colonies A powerful 
 
 '* , • r ^1 T^- TT and arbitrary 
 
 the governor was the representative of the Kmg. He was ^^^-^j^ 
 appointed by the Crown and removed at pleasure. The ^^^ ^^^_ 
 tenure was usually brief, and the men of a very ordinary fg^poraries. 
 type, with some notable exceptions. Where election was in ii, 153-170. 
 the hands of the people, the term was one year ; but it was 
 customary to reelect a satisfactory official year after year. 
 The governor's power varied greatly, according to the ex- 
 tent to which the legislature had made good its claim to a 
 real share of the government. He had an absolute veto on 
 all legislation subject to revision by the King. He usually 
 had charge of public lands, made appointments for all 
 offices, including judgeships, exercised the prerogative of 
 pardon, had command of all miHtary forces of the colony, 
 and was in general the most powerful force in the govern- 
 ment. He was usually aided by a council, which in many 
 cases was the upper house of the legislature. To this coun- 
 cil he looked for advice, but he was seldom bound by its 
 views. The council did not have the control of administration. 
 
 68. The Legislature. — In the royal colonies the legisla- General 
 tive power was vested in one or two houses and the gov- P^^^^^- 
 ernor. In some of the royal colonies the relation of the Story, Com- 
 legislature to the executive was much the same as in l^ng- ^^jg^.^^^^ 
 land at the beginning of the seventeenth century (§ 45), 
 that is, the assembly had little more than the power of ap- 
 proving bills proposed by the governor. Only in finance 
 did it possess any real power. In the colonies where local 
 self-government was more common and more real, the legis- 
 latures introduced most of the bills, though the influence of 
 the governor in legislation was considerable. 
 
 By 1763 the bicameral system was in use except in Penn- Organiza- 
 sylvania, Delaware, and Georgia. The lower houses were 
 
56 
 
 The Americmi Federal State 
 
 Difficulties 
 in legisla- 
 tion. 
 
 Not a mere 
 process of 
 imitation of 
 Parliament. 
 
 Fischer, Evo- 
 lution of the 
 Const., 123- 
 127. 
 
 always elected by the people, either from towns, counties, or 
 other districts. The terms were short. Of the upper houses, 
 those of Connecticut and Rhode Island were chosen by dis- 
 tricts, that of Massachusetts by the assembly. In the other 
 colonies they were usually appointed directly by the governor. 
 
 When bills had been passed by the legislature, there were 
 several obstacles to be encountered before they became 
 laws. There was, first, the governor's veto, except in Penn- 
 sylvania. Then the law might be set aside as in conflict 
 with the charter, if there was one, or in conflict with the laws 
 of England. This might be done by the judges of the 
 colony, or much more commonly by the Lords of Trade. 
 Finally, it might be rejected by the Lords because it was 
 objectionable to the King. 
 
 69. Development of a Bicameral System of the Legislature. 
 — In spite of the fact that the Enghsh Parliament with its 
 two houses placed before the eyes of the colonists a legisla- 
 tive model, the single house remained the practice of the 
 colonies during most of the seventeenth century. The rep- 
 resentatives of the people sat with the governor's assistants, 
 except in a few instances. An attempt was made by Locke's 
 constitution for Carolina to establish two houses totally dis- 
 tinct, with the exclusive right of initiation vested in the 
 upper house, but this was never put into practice. In Penn- 
 sylvania such a plan was indeed tried, but the reaction 
 proved so strong that in 1696 the upper house not only lost 
 the right of initiation, but was merged in the assembly, 
 with which it sat till the time of the Revolution. In most 
 of the other colonies the great struggle between the people 
 and the governors, during the first half of the eighteenth 
 century, led to the separation of the two parts of the legis- 
 lature so unlike in interests, character, and manner of ap- 
 pointment. In New England, although both the assembly 
 and the assistants were chosen by the people, the influence 
 of the Pariiamentary model, the old customs in Massachu- 
 setts, and the method of electing the assistants by districts, 
 led eventually to the entire separation of the two houses. 
 
The Colonial Period 57 
 
 70. Growth of the Power of the Colonial Assembly. — Al- Contests be- 
 
 though the popular assemblies were everywhere common in ^^^^ ^^^ 
 
 governors 
 1700, It cannot be said that, out of New England, they were and the as- 
 very strong ; but during the next half century they were sembiies end- 
 greatly developed through different contests with their gov- Jaf victo°rks" 
 
 ernors. The governors, representing the King or the proprie- 
 
 r,i 1-1 •• ri- . Thwaites, 
 
 tor, often had a very high opinion of their own prerogative, jhe Colonies, 
 
 and a very low one of the rights of the people. The point hh 123-126. 
 of view of the high-spirited assemblies was exactly opposite. Taylor, Eng. 
 In 1693, as the charter was silent on the subject, Massachu- Constitution, 
 setts had asserted the right of the assembly to originate all ' '^^~'^^' 
 money bills. This claim had not been allowed by those 
 in authority in America or England, but was the basis for 
 colonial pretensions. There was a constant struggle to see 
 whether a regular salary should be voted the governor, or 
 whether it should be renewed from year to year, but in 
 1735 the Lords in Trade gave up the attempt to make 
 Massachusetts vote a regular stipend. In Virginia the as- 
 sembly had gained an advantage by obtaining the right to 
 appoint a treasurer, so that they were unusually successful; 
 but, in general, in the South the governors gained the upper 
 hand, while north of Maryland the assemblies won the day. 
 
 It must not, however, be supposed that the contests were 
 solely over salaries. It might be over the granting of unoc- 
 cupied lands claimed by the governor as the representative 
 of the King, or over the taxing of the proprietor's property. 
 But whatever it was, it usually was narrowed down so that 
 the assembly refused to vote the governor's salary till he 
 did as they wished ; and as the governors seldom remained 
 long, their temporal needs were more important to them 
 than a question of constitutional right, so the assemblies 
 usually won. 
 
 These conflicts had both their good and their bad side. Good and 
 They caused very great ill-feeling between the people and ^ ^n^ests° 
 the governors, though that never extended to the King, and 
 they constantly interfered with the transaction of business. 
 On the other hand, they maintained the interest of the peo- 
 
58 
 
 The American Federal State 
 
 The " Let 
 alone." . 
 policy. 
 
 Lords of 
 Trade. 
 
 Fiske, Civil 
 Gov't, 156- 
 157- 
 
 Channing, 
 
 hh 79. 113- 
 
 Lamed, 
 Hist, for 
 Ready Refer- 
 ence, 3168- 
 3173, 3180. 
 
 pie in public matters, developing a spirit of independence, 
 trained a body of men in the conduct of the colonial govern- 
 ments, and produced such popular government as existed 
 nowhere else on the globe. But even those advantages were 
 not unmixed, for the voting classes and especially their 
 representatives who were sent to the assemblies often 
 attempted to exercise rights to which they had no claim, 
 and felt that any invasion of their claims was an act of 
 tyranny. 
 
 71. Relation of the Colonies and the King. — During the 
 entire colonial period England did not attempt to exercise 
 any special control over the colonies. Throughout the seven- 
 teenth century the kings had been kept too busy looking 
 after Parliament to pay much attention to the colonies, which 
 were left to develop much as they pleased. Toward the 
 close of the century more attention was paid to the creation 
 of councils, commissions, and boards whose members were 
 appointed by the King in Council for the purpose of super- 
 vising American affairs. In 1696 there was formed a per- 
 manent board known popularly as the Lords of Trade, which 
 was instructed to correspond with each colony so as to keep 
 informed about it and in touch with it, to take charge of all 
 matters pertaining to America, to hear all appeals and com- 
 plaints and veto laws that were repugnant to the laws of 
 England. Either directly or through this board, many 
 ministers tried to meddle with the affairs of the colonies, 
 though the long period under Walpole was marked by 
 leniency of colonial control. The King in Council was able 
 to exercise great influence in America through the appoint- 
 ment of the royal governors. This ofificial could appoint his 
 council (usually the upper house of the legislature, and the 
 highest colonial court), and even regulate such details as the 
 qualifications of electors, the towns which should be repre- 
 sented, and the number of members of the assembly. He 
 possessed an absolute veto upon all legislation ; and even if 
 he yielded to the assistants, the laws might be nullified by 
 royal rescript. 
 
The Colonial Period 59 
 
 72. Parliament and the Colonies.— The exact relation of Different 
 Parliament to the colonies throughout this period, and more views regard- 
 especially after 1760, was a matter of considerable dispute, power of 
 The colonies had from the first admitted the right of Par- Parliament 
 liament to regulate commerce largely because the illiberal ^^^^^ 
 navigation and sugar laws were not enforced. It was ad- 
 
 mitted on both sides that no law of Parliament should apply united states 
 
 to the colonies unless they were especially mentioned in it. (^765-1865), 
 
 Perhaps it was this, perhaps the dread of interference from ^ ~^'^' 
 
 any government not of their own making, that caused the Frothmg- 
 
 1 • • 11 • XT T-. 1 1 -1 1. ham, J^ise of 
 
 colonies more especially in New England to consider Parlia- the Republic, 
 ment merely an English legislature, while it was looked upon 123-127. 
 in Britain as the law-making body of an empire. At any 
 rate, although all of the colonies at some time or other rec- 
 ognized the supremacy of Parliament in all matters except 
 that of taxation, they often bitterly opposed a specific appli- 
 cation of this imperial power. Taxation was not included 
 because, according to the theory of EngHsh and colonial 
 Liberals, taxes were a grant of the people and not a legislative 
 right.y This led them in time to argue that taxation with- 
 out representation was tyranny ; and that, as they could not 
 be represented in Parliament, the right of taxation belpnged 
 exclusively to their colonial assembHes. 
 
 73. Political Freedom. — We have already noticed to what Popular par- 
 degree the colonies were self-governing. Beginning with t^^^P^t^o^ ^^ 
 the two republics which elected practically all of their 
 ofiicials, local or general, we run through a series of changes 
 
 until we find colonies especially south of Virginia which had 
 
 no local self-government and with popular assemblies of 
 
 Httle power. Except in New England, Virginia, Maryland, 
 
 and Pennsylvania, the early history of the colonies shows that 
 
 the people had little or no influence. Later, assemblies were 
 
 established though called irregularly, and in some instances 
 
 a share in the local government was permitted. But for 
 
 about half the colonies the system of suffrage was at all times Suffrage in 
 
 illiberal and largely dependent on the will of the governor. * ® coiomesi 
 
 In Virginia the suffrage came to be greatly restricted so that 
 
6o 
 
 The American Federal State 
 
 Colby, in 
 Lalor, III, 
 824-825. 
 
 Cleveland, 
 Growth of 
 Democracy , 
 130-142. 
 
 Bishop, 
 Elections in 
 the Colonies, 
 46-97. 
 
 See Hart, 
 Contempora- 
 ries, II, 171- 
 173- 
 
 Restrictions 
 on trade ; 
 navigation 
 acts. 
 
 Channing, 
 hh 79. 114. 
 
 Beers, Co7n- 
 mercial Pol- 
 icy of Eng,, 
 153-158. 
 
 but a small portion of the population voted at all, while the 
 holding of office was in the hands of the highest class. In 
 New England the religious qualifications of voters were 
 finally abohshed (1691) through the efforts of the Crown, 
 and property substituted. This excluded about nine-tenths 
 of all adult males from participation in colonial elections, and 
 at least half from taking part in the town meetings. Even 
 Rhode Island abandoned her earliest principles and joined 
 in the general movement. The only exception was Penn- 
 sylvania, which proved true to the principles laid down by 
 Penn, but even here the voter must be a freeholder or have 
 paid taxes. In general, we may say that during the eigh- 
 teenth century religious tests excluded all except Protes- 
 tants from voting ; while in the North property of a certain 
 value was required, and in the South estates of a certain 
 size were necessary. 
 
 74. Economic Freedom. — The spirit of the seventeenth 
 and eighteenth centuries was much less favorable to economic 
 freedom than our own. The feeling that one country was 
 made wealthy by impoverishing another was quite common, 
 and many felt that they were benefited by the restriction of 
 the privileges of others. Colonies were considered sources 
 of profit rather than real parts of the mother country. The 
 navigation laws passed by England were in harmony with 
 these ideas, for they sought to prevent trade between the 
 colonies and other countries than England, and discriminated 
 against all but English and American ships (1660). Certain 
 "enumerated" articles, including tobacco, could be sent only 
 to England. Goods secured in the old world must be pur- 
 chased through English merchants (1663). The sale of 
 manufactured articles was forbidden outside of the place 
 where they were made. This applied especially to wool 
 (1699), beaver hats (1732) and iron (1750). Foreign sugar 
 and molasses were subjected (1733) to prohibitive duties. 
 England paid bounties for raw materials, and before 1763 
 failed to enforce these laws. The colonies as well as England 
 passed discriminating legislation, for government in favor of 
 
The Colonial Period 
 
 6i 
 
 the governing classes was the rule everywhere, and even the 
 details of living were not free from governmental interference. 
 Laws to regulate the price of labor were passed at frequent 
 intervals, though without effect. Custom often rendered it 
 difficult to break away from the parental occupation, and 
 apprenticeship regulations hampered mobility of labor. Yet 
 in spite of these annoying restrictions it may well be doubted 
 whether any other country on the globe possessed the eco- 
 nomic freedom of America. 
 
 75. Social and Other Inequalities. — It is customary to make 
 a distinction between the Northern and the Southern colo- 
 nies, and say that classes existed in one, but not in the other. 
 While the South did possess more numerous and better de- 
 fined classes, the statement is far from being true. Among 
 the whites of the North, social lines were drawn quite sharply. 
 We cannot show this better, perhaps, than in the statement 
 that even after 1770 the students of Harvard were classified 
 according to social standing. The English idea of social 
 inequahty had a strong hold everywhere, least, perhaps, in 
 Pennsylvania, and most in the South. In the Middle and 
 Southern states there were, however, elements which made 
 classes more marked. Here we find in great numbers two 
 kinds of indented servants who were practically serfs for a 
 term of years. The first, called redemptioners, bound them- 
 selves to service in order to pay their passage, the second 
 were convicts working off a sentence. Toward the latter 
 class, especially, laws were very severe, and treatment was 
 far from humane. 
 
 Little was done during the colonial period to improve the 
 condition of the poorer or defective classes. Temporary 
 relief was given through special officers, but no provision 
 was made for the aged, for the bhnd, or the insane. Hos- 
 pitals were scarce, and the prisons were of the worst descrip- 
 tion. Everywhere laws regarding debtors and criminals 
 were harshly enforced. There was as yet Httle thought of 
 the duty that the State owed her unfortunate classes. 
 
 Outside of New England all of the colonies had adopted 
 
 Narrow 
 policy of the 
 colonies. 
 
 Wright, In- 
 dustrial Evo- 
 lution of the 
 U. S., 264, 
 
 265. 
 
 Prominence 
 of classes. 
 
 Channing, 
 United States 
 (1765-1865), 
 I5> 16. 
 
 Lack of care 
 for unfortu- 
 nates. 
 
62 
 
 The American Federal State 
 
 Inheritance 
 laws. 
 
 Story, Com- 
 mentaries, 
 \\ 179-18 I. 
 
 Household 
 and planta- 
 tion slaves. 
 
 Hart, Forma- 
 tion of the 
 Union, \ 10. 
 
 Channing, 
 United 
 States (1765- 
 1865), 12-14. 
 
 Opposition 
 to union. 
 
 Frothing- ' 
 ham, Rise of 
 the Republic, 
 39- 
 
 \) ! 
 
 Forces favor- 
 able to 
 union. 
 
 The New 
 England 
 Confedera- 
 tion. 
 
 Channing, 
 hh 72, 73. 
 
 the English custom in leaving the whole of an estate to the 
 oldest son. In the Puritan colonies, a double portion went 
 to the eldest, the rest sharing equally. 
 
 76. Slavery. — Slaves were introduced into Virginia as 
 early as 16 19, and were to be found in every colony in 1760. 
 At the North, and at first at the South, they were usually 
 house servants, and as a rule were treated with consideration, 
 if not with kindness. It was only when the whites began to 
 employ large numbers on the plantations and rice fields 
 of the South that harsh laws were passed. Yet before the 
 Revolution the Southern leaders made efforts to prevent the 
 further importation of slaves, though without success. 
 
 77. Union before 1750 : New England Confederation. — There 
 was very little real unity in spirit or in government among 
 the colonies. Each had perfected its own peculiar system 
 in such absolute isolation that the thought of union seemed 
 to mean nothing more nor less than a surrender of rights to 
 the very one who had refused to acknowledge those rights. 
 The reason for this feeling lay in the fact that attempted 
 union was ordinarily proposed by the Crown for the purpose 
 of better controlling the colonies, as had been the case when 
 Andros was given control of New England in 1687. The 
 fact that union under such conditions was not perfected is, 
 of course, an almost unmixed blessing. 
 
 There were, however, other forces working toward union, 
 though none of them, aided as it was by the many common 
 bonds of a similar language, customs, and institutions, was 
 strong enough to overcome the prejudices of the people and 
 their fear of the Crown. Among these forces the most pro- 
 nounced and most influential was the dread of a general 
 Indian uprising. It produced the New York Congress of 
 1690, and that at Albany in 1754. It was, in fact, the funda- 
 mental cause of the New England Confederation of 1643. 
 This loosely joined league of four colonies (Massachusetts 
 Bay, Plymouth, Connecticut, and New Haven) was not a very 
 high type of union, as the central government was composed 
 of two commissioners from each member with a number of 
 
The Colonial Period 63 
 
 nominal powers relating to matters of common interest, but Frothing- 
 
 absolutely without power to enforce their requests. It did ^^™' ^^^^" 
 
 39-43- 
 not interfere with local government in any way, as each 
 
 , 1 /• 1 1 r • /-r • T Fisher, Con- 
 
 colony was left complete control of its own affairs. It was stitution, 219- 
 of some value in the regulation of inter-colonial extradition, 221. 
 and rendered the efforts of the colonies against the Dutch, 
 and much more against the Indians, very effective. Its 
 religious narrowness is shown by its refusal to admit hereti- 
 cal Rhode Island and unbelieving Maine, and its usefulness 
 was constantly impaired by the continual opposition of its 
 largest member, Massachusetts ; but for forty years it not 
 only made the action of the colonies more effective, but 
 trained them for united action. 
 
 78. Albany Plan of Union. — Other plans for union were Itsprovi- 
 not wanting, notably one proposed by Penn in 1698, and ^^°^^* 
 many congresses were held at which from two to five colonies Clark, Civics, 
 were represented. The most important of the congresses and ^^~^^' 
 the most valuable of the plans of union were those of Albany Frothmg- 
 m 1754. Ine congress was called to make a treaty with the 132-151. 
 Iroquois in order to prevent them from aiding the French in , 
 the coming struggle. Seven colonies were represented by Hist, for 
 some of their best men. The making of the treaty was ^^'^^y R'fir- 
 quickly overshadowed by the recognized need of mihtary 0178, 
 union. A plan was proposed by Franklin, and adopted with 
 few changes, which provided for a president-general appointed 
 by the Crown to be the executive and military commander 
 with power of appointment. The colonies were to be repre- 
 sented in an assembly according to the amount they paid 
 into the treasury of the union. Although mainly an advisory 
 body, this assembly had power to levy duties and colonial 
 taxes through requisitions upon the colonies, to which all 
 
 existing rights were guaranteed. While the plan was unani- ^^y ^* ^^ 
 
 rejected, 
 mously adopted by the congress, it was universally condemned 
 
 by the legislatures of the colonies, and failed of approval in 
 England. The remark made by Franklin regarding this 
 action shows at once the reason for its failure and the feel- 
 ing of the colonies and the Crown toward each other, " The 
 
64 
 
 The American Federal State 
 
 Was the 
 
 colonial 
 development 
 " English" or 
 " Ameri- 
 can " ? 
 
 Hart, Union, 
 §5. 
 
 Wilson, 
 The State, 
 W 1060-1064. 
 
 England and 
 America start 
 from same 
 point (1600), 
 and develop 
 along differ- 
 ent lines. 
 
 assemblies all thought there was too much prerogative^ and 
 in England it was thought to have too much of the demo- 
 cratic y The time was not ripe for concerted action ; 
 nothing less than a great national movement could create 
 the great national need of Union. 
 
 79. Comparison of American and English Constitutional 
 Development (1600-1770). — If the question were asked how far 
 the constitutional development of the colonies was English, our answer 
 would depend entirely upon what was meant by "English " in this case. 
 If we meant English in the sense that the EngUsh spirit of sturdy inde- 
 pendence had been preserved, that English methods of steady develop- 
 ment were clearly apparent, that an inheritance of English law and 
 English institutions was at the very basis of the whole legal and political 
 system, we should answer that American development was little dif- 
 ferent from English. But if we seek to make " English " synonymous 
 with the constitutional development of England from 1 600-1 770, and 
 look upon the colonies merely as a part of England, we are amazed at 
 the difference displayed. In a sense we may say that constitutional 
 development in England and America started from much the same 
 point in 1600, and under conditions quite unlike developed along very 
 different lines in the most natural way possible. But starting from the 
 same point refers rather to a common heritage of law, liberty, and local 
 institutions than to the more advanced form of government. So far as 
 local institutions are concerned, we find every form of the manor and 
 parish transplanted to America, and put into practice by men from 
 almost every class of English society. But in the development of cen- 
 tral government, a totally different set of conditions plays the most 
 important part. In the first place, we find a trading company's charter 
 transformed into a ^?<aj?-written constitution, unalterable except by 
 mutual consent of the grantor and the grantee, and setting a standard 
 according to which laws may be kept or set aside. Nothing could be 
 more foreign to that fundamental English idea, the supremacy of the 
 legislative body, whether that power was vested in the Crown and 
 Parliament or in Parliament alone. While the forms of central govern- 
 ment in the colonies were so entirely different from those of England 
 at first, being nothing but the enlarged governing body of the company, 
 they grew to be more alike. By degrees conscious or unconscious 
 imitation led to the introduction of the representative system, the 
 erection of a separate judiciary, the development of a bicameral system 
 of the legislature with the upper house a partly administrative and 
 partly judicial body like the House of Lords, and a separation of legis- 
 lature and executive in the end much more complete than that which 
 
more favora- 
 ble to liberty 
 
 The Colonial Period 65 
 
 existed in England. At every step, American conditions produced a 
 modifying influence upon the English forms introduced, so that had 
 England been in 1760 what she was in 1625, there would have been 
 a great difference between the two countries in the more complete 
 separation of departments in America and in the different relations 
 of the departments to one another. But the central government of 
 England was in 1760 very different from that of 1625. The old system 
 of a ministry dependent upon the King has been largely replaced by 
 one dependent upon the Parliament, so that the veto no longer existed 
 as in America. The English executive and the legislature have always 
 been in theory and in practice but diiferent parts of the same body, 
 with one part controlled by the other, and even the bitter contests 
 between Parliament and the Stuarts failed to separate them as they 
 were separated in America, but gradually shifted the chief power from 
 the King to the Parliament. 
 
 Besides these differences in the Constitution and in central institu- American 
 lions, there had grown up a difference in civil and political liberty, conditions 
 The rough frontier life had produced an equality that could never exist 
 in England. Harsh and bigoted as many of the colonial laws appear, 
 they were in advance of those in force in Europe. Outside of the 
 colonies almost the only persons that voted for representatives to a 
 central government were in England, and yet the assembly of Massa- 
 chusetts was vastly more representative than Parliament, and the 
 suffrage in Connecticut was five times as liberal as that of Yorkshire, 
 while the proportion of voters in Pennsylvania was twice as great as in 
 Connecticut. The small size of the colonies had trained a large class to 
 do what a few members of the community did in England, so that the 
 average American was much more zealous of his rights than the average 
 Englishman. From this hurried sketch we can easily see how far apart 
 England and America had been carried by the constitutional develop- 
 ment of the seventeenth and half of the eighteenth centuries. 
 
 QUESTIONS AND REFERENCES 
 Introductory (§§ 51-54) 
 
 1. What was the European idea of a colony ? (Thwaites, 18-22.) 
 Compare with the Greek and the Roman idea. Compare the Spanish 
 rule with the English rule. (Moses, Spanish Rule, 17-26.) 
 
 2. What is the difference between a land grant, a charter, and a 
 constitution ? Apply your definitions of the last two to Magna Charta, 
 Bill of Rights, and fundamental orders of Connecticut. 
 
 3. To what extent did typography and church institutions influence 
 
66 The American Federal State 
 
 the customs and institutions of Massachusetts, Virginia, and Peni> 
 sylvania ? 
 
 4. How do frontier settlements tend to modify the institutions of 
 any country which are transplanted to them ? 
 
 5. "What right had the King to change a charter ? to recall it at 
 will? 
 
 The Southern Colonies (§§ 55-58) 
 
 1. What English institutions were brought to Virginia ? 
 
 2. Compare the Virginia charters of 1606, 1609, and 161 2 as to terri- 
 tory and government. 
 
 3. What influence did tobacco have upon {a) the growth of Virginia, 
 (J>) the social classes, {c) the establishment of the county system of local 
 government ? 
 
 New England (§§ 59-62) 
 
 a. On the Puritans, see Eggleston, Beginners of a Nation ; Ellis, in 
 Winsor, III, 219-244 ; Palfrey, New England, I, 101-132 ; Osgood, 
 The Political Ideas of the Puritans, in P. S. Q., VI (1891), I-28, 201- 
 231 ; Channing and Hart, Guide. 
 
 1. Is the union of Church and State a modern idea ? Did the Puri- 
 tans believe in religious freedom ? 
 
 2. How did the Puritan spirit show itself in the dealings of Massa- 
 chusetts with Roger Williams and with England ? Was there any 
 justification for their actions ? Any advantage from their course ? 
 
 3. Compare the central governments of Massachusetts in 1640, 
 1687, and 1700. 
 
 4. Compare the government of the townships and the counties in 
 Anglo-Saxon England, England in i6oo, Massachusetts in 1650, and 
 Virginia in 1650. 
 
 Middle Colonies (§§ 63-64) 
 
 1. To what extent has the compromise system of local government 
 been adopted throughout the United States ? 
 
 2. Why did the local governments of the colonies influence our later 
 history more than the central government ? 
 
 3. Did Massachusetts or Pennsylvania exert the greater influence on 
 our later history, and in what ways ? In which were the political and 
 social ideas more like those of to-day ? 
 
 Colonial Government (§§ 65-72) 
 
 a. On England and the colonies, see Larned, 3168-3173, 3180; 
 Story, Commentaries y 185-190; Lecky, England in XVIII Century ^ 
 
The Colonial Period 67 
 
 III, 321-331, 342-345 ; Osgood, England and the Colonies, in P. S. Q., 
 II, 440-460 ; Hazeltine, A. H. A. (1894), 299-350 ; Chalmers, 
 Opinions, 
 
 1. Study the history of charters in the Middle Ages and in modern 
 times. Can charters be revoked or changed in the United States at 
 present ? Trace the growth of the written constitution from the 
 charter. 
 
 2. Is the colonial governor a reduced copy of the Enghsh King ? 
 Prove your answer by comparing their powers, etc. 
 
 3. Compare the assemblies in the royal colonies with the House of 
 Commons as to power before 1688 and in 1760. Did the Revolution of 
 1688 have the same influence upon the legislatures in England and in 
 America ? 
 
 4. What are the advantages of a bicameral over a unicameral legis- 
 lature ? Judging from the history of Europe and America, is a legis- 
 lature of two houses the natural result of political evolution (cf. § 256)? 
 
 5. State what causes of dispute there were between the governors 
 and the assemblies, and in which disputes the assemblies were successful. 
 
 6. Was the relation of the King to the colonies different in 1760 
 from what it was in 1620 ? of the Parliament ? 
 
 Liberty and Union (§§ 73-79) 
 
 a. On union, see Clark, Civics, 9-15 ; Frothingham, Republic, 
 chaps. II, IV ; Fisher, Evolution of the -Constitution, chaps. VI, VII ; 
 Crane and Moses, Politics, 1 26-141. 
 
 1. Compare the civil, political, religious, and economic freedom of 
 ancient Rome, Anglo-Saxon England, Massachusetts in 1650, and Vir- 
 ginia in 1650. 
 
 2. In what respects had the colonists more or less political liberty 
 than the English ? Indicate fully different changes in the suffrage 
 during the colonial period. What differences in qualifications for 
 voting existed in 1763 ? 
 
 3. What advantages were derived by the South from slavery before 
 1763 ? 
 
 4. Enumerate the principal influences leading to union diuring the 
 colonial period. Why did they effect the North more than the South? 
 
CHAPTER IV 
 
 THE REVOLUTION (i 763-1 787) 
 General References 
 
 Hinsdale, American Government, 52-86. 
 
 Channing, Student'' s History, 152-255. The best brief account. 
 
 Channing, The United States (1765-1865), 41-124. 
 
 Hart, Formation of the Union, 42-119. A model of careful condensa- 
 tion. 
 
 Sloane, French War and Revolution, 116-388. Gives a scholarly 
 presentation of the causes of the Revolution, though lacking in 
 definiteness. 
 
 "Walker, Making of the Nation, 1-19. 
 
 Green, Short History of the English People, 75 7-786. Impartial, English 
 Liberal view. 
 
 Lecky (Washburn), American Revolution. The best English account. 
 Conservative standpoint. 
 
 Trevelyan, American Revolution. (Part I published.) 
 
 Fiske, American Revolution. 2 volumes. 
 
 Fiske, Critical Period of American History. A narrative history of 
 exceptional excellence. 
 
 Frothingham, Rise of the Republic, 158-583. Invaluable for facts. 
 
 Thorpe, Constitutional History of the American People, I, 1-210. 
 
 "Winsor, America, VI-VII. 
 
 Bancroft, United States, II-V; VI, 1-194. 
 
 Curtis, Constitutional History of the United States, I, 1-230. Ex- 
 cellent. 
 
 McMaster, History of the People of the United States, I, 1-389, especially 
 chap. 1. 
 
 Lamed, under United States. 
 
 American Statesman, lives of Samuel Adams, John Adams, Patrick Henry, 
 George Washington, Benjamin Franklin, and Thomas Jefferson. 
 
 80. Character of the Revolution. — The colonial period 
 closed with the fall of Quebec and the transfer of Canada. 
 The " French and Indian " War brought in its train a series 
 
 68 
 
The Revolution 69 
 
 of problems the solution of which greatly affected the in- New Eng- 
 
 ternal government of Great Britain and her relation to the ^^^^ policy 
 
 colonies she already possessed. England had just changed with colonial 
 
 kings, and the new monarch was anxious to carry out a '^^^'^^ °^ ^eif- 
 " strong" policy at home and abroad in order to increase "i n. 
 
 the prestige of England, but through himself and in his own ^^- M^^^. 
 
 Method in 
 
 way. The attempt to solve these colonial problems which History, 105- 
 were thrust into prominence by the war with France led ^^2. 
 the King, his ministers, and his Parhament to assert their 
 right to the exercise of certain powers over the colonies : 
 powers w^hich were perhaps necessary in order that they 
 should be considered English colonies and not English 
 states, but powers which had not been used to any appreci- 
 able extent by their predecessors. The attempt to enforce 
 laws made for the colonies on this theory invaded what 
 some of the colonies considered their sphere of government, 
 this w^as especially true of the laws regarding taxation. This 
 invasion aroused opposition, the opposition produced arbi- 
 trary rule which in turn led to open rebelHon on the part 
 of the colonies, and that meant political revolution. 
 
 81. Effects of the Revolution. — Tht political revolution Union of the 
 proceeded along two Hnes, and the results produced were c°^onies and 
 
 ^. o ^ A separation 
 
 simultaneous. The first was separation from England, the from Great 
 second union of the colonies. The first, being negative and Britain. 
 destructive in character, was accomplished by force much 
 sooner than union was completed, as that called for con- 
 structive political intelligence. But the effects of the revo- Resulting 
 lution were more than political. The colonies had asserted gQ^^f^^ ^^ 
 their right to self-government and had appealed to the 
 rights of man. The inevitable consequence was that the i ^„. "' 
 most glaring inequalities, political and social, were doomed. . 
 
 The period immediately succeeding the Revolutionary War cai Period, 
 saw many of them swept away, but it took time to greatly 69-87. 
 alter the estabHshed order of things, and it was several 
 decades before the revolution spent its force. 
 
 82. The Situation in 1760. — As we have already seen, the 
 colonies had been developed separately before 1760, so that 
 
70 
 
 The American Federal State 
 
 Means of 
 controlling 
 the colonies. 
 
 Possibilities 
 of union and 
 separation. 
 
 Scott, Recon- 
 struction dur- 
 ing Civil 
 War, 43-63. 
 
 Story, Com- 
 mentaries, 
 \\ 162-183. 
 
 any control over them by England was over each colony 
 and not over the colonies as a whole. There were in theory 
 four ways in which the King or Parliament might exercise 
 this control: (i) by regulating the external trade of the 
 colonies without the levying of taxes in any form; (2) by 
 the laying of duties on goods imported by the colonies ; 
 (3) by supervision of internal government ; and (4) by levy- 
 ing internal taxes. For reasons that are best explained by 
 the history of England from 1630 to 1760, this control was 
 much more lenient in practice than in theory, so that while 
 laws were made covering the first three subjects just enu- 
 merated neither King nor Parliament had ever attempted to 
 lay internal taxes on the Americans, and few of the laws that 
 were enacted were ever enforced. This lack of careful 
 administration of British laws had made the colonies content 
 with English control, but had left the way open for a large 
 degree of government by the people. 
 
 Apparently, at least, separation from Great Britain was 
 a long way off in 1 760, and possible union of the colonies 
 seemed little nearer. This is all the stranger because the 
 colonists differed from one another very little in race and 
 general character. All spoke the same language, had much 
 the same religion, with similar restrictions everywhere, were 
 more or less alike even in their occupations. A common 
 heritage of the English law, the same political institutions 
 and ideas, the same feeling of pride in the rights of Enghsh- 
 men and in the reasonableness of a large measure of self- 
 government, all tended to make union natural and probable. 
 The forces working against union must therefore have been 
 very powerful, and of these two were especially important : 
 (i) the fear that unity meant more government by England 
 and less by themselves; (2) a feeling of localism and, to 
 some extent, of sectionalism, which was the result of a cen- 
 tury and a half of isolation and separate development, and 
 which derived permanent strength from a deep-rooted belief 
 that even if union did not increase England's control over 
 them, it would tend to destroy the power of each colony. 
 
The Revolution yi 
 
 83. New Colonial Policy of Great Britain ( 1 760-1765). — Aggressive- 
 That these barriers between the colonies were broken down S^^f °^ ^^^* 
 
 Britain. 
 
 was due to the action of Great Britain : first, by enforcing 
 more strictly the old laws, particularly the navigation acts, 
 made for the control of her American possessions ; and 
 second, in attempting to assert the right of Parliament to 
 levy internal taxes. This policy seems to have been adopted 
 by the British government for the triple purpose of paying 
 part of the debt incurred during the late war with France, 
 of supporting an army to protect the colonies from threat- 
 ened uprisings of the French and Indians, and of increasing 
 its own power over the colonies. 
 
 As it was found practically impossible to collect the duties Objection to 
 under the navigation acts by the means formerly employed, *^^ use of 
 
 /••/•• writs 01 fls~ 
 
 the collectors resorted to the use of writs of assistance, or sistance. 
 general search warrants, which gave them the right to invade ^, 
 private premises and seize smuggled goods wherever found. §§ 115-117. 
 The merchants of Boston protested against the use of the 
 writs, and employed James Otis to defend them in a suit 
 involving their legality. In a speech now famous, Otis 
 claimed that the writs were an instrument of tyranny, which 
 were unwarranted by the English constitution, and therefore 
 in direct violation of the rights of Englishmen, to which the 
 colonists were entitled by their charters and the laws of Par- 
 liament. The court took no action for some months, but 
 subsequently issued writs in a few instances. 
 
 To gain still further revenue a change was made (1764) New duties 
 in the sugar act of 1 733 by reducing the old duties, which °^ ^™P° 
 were prohibitory, but at this date it was expected that the 
 necessary money would be obtained from internal rather than 
 colonial taxation. 
 
 84. The Stamp Act (1765) . — This internal taxation, pro- Provisions 
 posed by the British government in 1764 and enacted into a^^ recap- 
 law in 1 765, was to be in the form of a stamp tax upon news- 
 papers, books, deeds, wills, and other legal papers. It was ^^^^ 'of the 
 similar to one that had been tried several years in England Union, \\ 25- 
 and was thought to be easily collectable. But the passage 
 
72 
 
 The American Federal State 
 
 Channing, 
 §§ 119-124. 
 
 The Stamp 
 Act Congress 
 and repeal of 
 the act. 
 
 Channing, 
 \\ 125-126. 
 
 Mace, 
 Manual of 
 Amer. Hist., 
 145-15 1 (text 
 of dec. of 
 rights) . 
 
 Larned, 
 Hist, for 
 Reference, 
 3190 (text). 
 
 New forms 
 of external 
 taxation. 
 
 Channing, 
 hh 127-13 I. 
 
 of the act aroused a storm from New England to the South. 
 The agents for the collection of the tax were forced to resign 
 before it went into effect, rioting and disorder occurred, and 
 the whole country was as much aroused as though invaded 
 by a foreign foe. Virginia took the lead, under Patrick 
 Henry, in passing a Declaration of Rights, and Massachu- 
 setts followed by calling on the other colonies to take some 
 concerted action. 
 
 On October 7, 1765, representatives of nine colonies met 
 in Congress at New York and formulated a Declaration of 
 Rights. These stated that Americans were subjects of the 
 Crown and entitled to the rights of Englishmen ; that the 
 power of granting taxes, personally or through representa- 
 tives, was one of those rights ; that the colonies could not 
 be represented in Parhament ; and that " no taxes ever have 
 been or can be constitutionally imposed on them but by 
 their respective legislatures." This was chiefly valuable as 
 a formulation of the colonial view that the colonies should 
 have the exclusive right of internal taxation ; but, coupled 
 with the resistance to the Stamp Act, it led to the repeal 
 of that law. The repeal was, however, accompanied in the 
 declaratory act by a statement of the imperialist view that 
 the colonies are " subordinate unto and dependent upon the 
 Imperial Crown and Parliament of Great Britain ; and that 
 Parhament hath, and of right ought to have, full power tc 
 make laws and statutes of sufficient force and validity to bind 
 the colonies and people of American subjects to the Crown 
 of Great Britain in all cases whatsoever." 
 
 85. The Townshend Acts (1767). — The union sentiment 
 created by the opposition to the Stamp Act, and voiced in 
 the Stamp Act Congress, might have been purely temporary 
 but for the determination of the British government not to 
 drop the matter. The next method of exercising control 
 over the colonies was through external taxation, which in 
 1764 was admitted to be within the powers of Parliament, 
 but which in 1767 led to non-importation and resistance. 
 The articles subjected to duty under this new law were 
 
The Revolution 73 
 
 imports of glass, paper, lead, painters' colors, wine, oil, and 
 tea, but all of these duties, with the exception of that on tea, 
 were abolished the next year. 
 
 At the same time Parliament passed several offensive Laws inter- 
 measures of doubtful legality, providing for the payment of f^rmg with 
 
 • r , , 1- , 1- . internal gov- 
 
 the governors without action of the assemblies, legalizing emment of 
 
 the writs of assistance and the trials of revenue cases without ^^^ colonies, 
 juries, and suspending the New York assembly because it 
 had failed to vote money for the troops quartered in the 
 colony. These unjust and despotic measures called forth 
 from the Massachusetts legislature a protest and a circular 
 letter to the other colonies, setting forth its objections to 
 the Townshend Acts and asking their cooperation. The 
 British colonial secretary immediately notified the governors 
 to dissolve the assembhes in case they accepted this invita- 
 tion. And so the trouble grew. Arbitrary measures on the 
 part of Britain caused protests from the assembhes and dis- 
 order on the part of the colonies, leading in turn to dissolu- 
 tion of the assembhes and attempt to overawe the populace 
 by the presence of troops. 
 
 86. The Committees of Correspondence. — The attempt on the Formed to 
 part of England to interfere with the existing government in the ^"^^^ *^^ 
 
 - ., ,./,«■ 1 N-- 1- opposition to 
 
 most refractory of the colonies (Massachusetts) in time made it arbitrary 
 
 necessary for the American leaders to perfect some kind of a British 
 political organization with two ends in view : first, to continue 
 
 the government they had previously used ; and second, to Fiske, Amer. 
 
 -ff^z'. , 1 , 79— 8 1 . 
 
 unite the opposition to the acts of the mother country. For 
 
 these reasons Samuel Adams had httle difficulty in persuad- ^rothing- 
 
 ing the different towns of Massachusetts (1772) to select Republic, 
 
 committees which should define their rights and keep in 261-274, 
 
 . 279-284. 
 
 touch with similar committees in other towns. This model 
 
 was adopted the next year for intercolonial committees 
 
 which were established in most of the colonies. These 
 
 committees could take the place of the colonial assembhes if 
 
 the latter were dissolved ; and, taken together, formed an 
 
 intercolonial political organization of no small importance. 
 
 They represented a high degree of real unity, for they not 
 
74 
 
 The American Federal State 
 
 Effect of the 
 "intolerable 
 acts " of 
 1774- 
 
 The Declara- 
 tion of 
 Rights 
 (1774). 
 
 Curtis, 
 Const' I Hist, 
 of U. S., I, 
 
 6-17. 
 
 Scott, Recon- 
 struction, 
 66-72, 401- 
 403. 
 
 only helped to unify public sentiment, but to render effec^ 
 tive any action that seemed desirable. 
 
 87. The First Continental Congress. —Matters were now 
 going from bad to worse. This disorder in Massachusetts, 
 culminating in the Boston Tea Party (i 773), induced Parlia- 
 ment to pass several repressive acts (1774) aimed especially 
 at that colony. Not only was Boston harbor closed to com- 
 merce, but a military government was appointed, and parts 
 of the Massachusetts charter were suspended. So united 
 had the colonies become in their opposition to England's 
 poKcy that they made the cause of Massachusetts their 
 own, believing that their hberties and governments were no 
 longer safe from attack, so that when a call for a congress 
 was sounded by the Massachusetts legislature, all except 
 Georgia hastened to respond. The governors were by this 
 time fully alive to the meaning of the movement and dis- 
 solved assemblies and forbade participation in the congress, 
 but without effect. The people, as well as the leaders, felt 
 that the time had come for them to act together. By legis- 
 latures, conventions, or colonial committees of correspond- 
 ence, delegates were chosen to meet in Philadelphia in 
 September, 1774. 
 
 It was an able body of men that met to discuss the situa- 
 tion ; but it was a most irregular body, lacking legal status, 
 and claiming no legislative power. Its principal acts were 
 the making of addresses to the people of Britain and the 
 colonies, and the formulation of a Declaration of Rights. 
 The latter reiterated the principles of 1765, and defined 
 more explicitly the attitude of the colonies toward control 
 by England. They claimed for the legislatures " free and 
 exclusive power of legislation in all cases of taxation and in- 
 ternal policy subject only to the negative of their sovereign 
 in such manner as has been heretofore used and accus- 
 tomed." But they admitted that ParHament might regulate 
 commerce for mutual benefit with no right of taxation. It 
 was a moderate statement of the American view, and in its 
 attempt to make reconciliation with Great Britain did not 
 
The Revolution ^j 
 
 go as far as all the leaders felt just and proper in denying to 
 King and Parliament all means of control except by regula- 
 tion of foreign commerce without revenue. 
 
 The influence of the Congress on the development of American 
 union was greatly increased by the organization of an Association. 
 Am^erican Association for non-importation and resistance. 
 All towns in the colonies were to have their branch to super- 
 vise the action of every individual in America. This was 
 supplemented especially in New England by a mihtary 
 organization based upon similar principles. 
 
 88. Second Continental Congress. — Resistance had be- Composition 
 come rebellion before the members of the second Continen- ^^^ powers. 
 tal Congress assembled. This extraordinary body, the only Story, Com- 
 central government for six years of war, had been called by f/soT^iso' 
 the Congress of 1774, and was made up of members chosen 
 by conventions of the people in the several colonies. It consth Hist. 
 was different in character and in the sentiment it repre- ^/ u. s., i, 
 sented from any previous Congress, and found itself face to ^°~^ '. 
 face with the problems of war. As the sole representative of 
 the colonies in union it could do no less than temporarily 
 act as the legislative and directive body of them all, since 
 all had made common cause against Britain. As a matter 
 of fact, it was compelled to do much more. It had hardly 
 been in session a month before it decided that there must 
 be an " American continental army," and later in the year 
 (1775) action was taken providing for privateers and a 
 navy. The 2 2d of June it dared to deal with the much 
 mooted question of finance. An issue of paper money was 
 ordered and national loans were authorized. It boldly took 
 up the subject of trade the second week of its existence, 
 prohibiting that wdth Great Britain and her other colonies, 
 making that with other nations free, but shutting off the 
 slave trade. It appointed boards to take charge of different 
 matters and assume relations of a diplomatic nature. It 
 advised the colonies in regard to the formation of inde- 
 pendent state governments, and finally it declared them 
 independent of Great Britaia 
 
Hon, 216-226. 
 
 y6 The American Federal State 
 
 Authority. For the exercise of all these powers of sovereignty, it 
 
 Schouier, possessed no real legal authority. What it had rested upon 
 U7iited ^j^g credentials and instructions of the delegates to the 
 
 states, I, 13. 
 
 Congress, the unquestioned need and otherwise absolute 
 lack of a central organization, the hearty popular approval 
 of and public acquiescence in the acts of the Congress. 
 
 Desire for in- 89. Hlstory of the Declaration of Independence During 
 
 hni^lo^Y^ the years from 1763 to 1776 the continued aggressions of 
 formed. the British government upon the asserted rights of the colo- 
 
 Hart, Union, nies had created an opposition to her authority which had 
 ^ 3^' been steadily developing from protest and remonstrance, 
 
 Johnston, in through threatened revolt and actual revolution to the com- 
 Laior plete separation of Great Britain and America. The inevi- 
 
 tableness of independence had been foretold by the most 
 French War ardent American leaders for years, and was quite generally 
 and Revolu- recognized by July, 1776. Beginning with the Mechlenburg 
 resolutions of 1775, counties, towns, and colonies had been 
 sending to Congress memorials asking that independence 
 be declared. These came more especially from New Eng- 
 land, as the Middle colonies and the far South up to the first 
 of January, 1776, had remained loyal to England and were 
 opposed to severing their connection with her. The growth 
 of a spirit of independence in all sections, however, was 
 much quickened by the appearance early in 1776 of Paine's 
 Conwion Sense, which was widely read. During the spring 
 of that year there were long debates in Congress on the 
 subject, but it was decided to wait until separation was de- 
 manded by the majority of the people. In spite of the 
 opposition of a large body of conservatives, this seemed un- 
 questioned when Congress, on May 15, 1776, passed a reso- 
 lution recommending to the colonies that they form state 
 governments, and still less questioned when Lee introduced 
 on June 12a resolution stating that the colonies should be 
 free and independent. A committee of five, composed of 
 Thomas Jefferson, Benjamin Franklin, John Adams, Roger 
 Sherman, and Robert R. Livingston, was at once appointed 
 to draw up a declaration of independence, and the report of 
 
and state- 
 ments. 
 
 The Revolution 77 
 
 this committee written by Jefferson was adopted by the 
 Congress with a very few alterations upon the fourth of July, 
 1776. 
 
 90. Character of the Declaration Independence of Great its principles 
 
 Britain had been asserted because the colonies beheved they 
 had a right to govern themselves in their own way, and the 
 mother country had not permitted them to do this. We j^^' q' -^^ 
 can perhaps see most clearly why our forefathers took this ^'- A. R., 163 
 stand if we examine certain parts of the Declaration. The '-^ 9 J. i-i • 
 second paragraph, for example, gives some of their views Cf. Channing 
 upon government. " We hold these views to be self-evident, Q^ide, ^ 13-. 
 that all men are created equal, that they are endowed by 
 
 their Creator \^dth certain unalienable rights, that among 
 these are life, liberty, and the pursuit of happiness. That to 
 secure these rights, governments are instituted among men, 
 deriving their just powers from the consent of the governed. 
 That whenever any form of government becomes destructive 
 of these ends, it is the right of the people to alter or to 
 abolish it, and to institute new government, laying its foun- 
 dation on such principles and organizing its powers in such 
 form as to them shall seem most hkely to effect their safety 
 and happiness." After enumerating a long hst of acts of 
 George III which had aimed to overthrow these rights, the 
 signers " in the name and by authority of the good people of 
 these colonies, solemnly pubhsh and declare, that these 
 united colonies are, and of right ought to be, free and inde- 
 pendent states, that they are absolved from all allegiance to 
 the British Crown, and that all political connection between 
 them and the State of Great Britain is, and ought to be, 
 totally dissolved ; and that, as free and independent states, 
 they have full power to le^7 war, conclude peace, contract 
 aUiances, estabhsh commerce, and to do all other acts and 
 things which independent states may of right do." 
 
 91. Influence of the Declaration. — Of the influences Effect upon 
 exerted by the Declaration within the United States, those 
 
 upon nationality and liberty are most interesting. To many 
 of the patriots, independence declared meant independence 
 
78 
 
 The American Federal State 
 
 Effect upon 
 liberty. 
 
 Channing, 
 h 174- 
 
 Disorder of 
 
 the state 
 governments 
 (1775)- 
 Hart, Union, 
 
 Channing, 
 
 § 145- 
 
 Frothing- 
 ham, Repub- 
 lic t 491-496. 
 
 achieved. Though, in their minds, union was still necessary 
 because of common danger, the crisis seemed to have been 
 passed. State and local self-government were no longer 
 threatened by the imperial government, but rather by 
 the Congress which was exercising powers that the state 
 governments felt belonged to them. Their first care was 
 therefore to restrict the power of Congress as much as pos- 
 sible in order to strengthen the states. This was in fact the 
 beginning of the great contest between nationality and states 
 rights that lasted almost exactly one hundred years, but 
 which ended in the states giving up all claim to sovereignty. 
 
 The effect of the Declaration upon liberty is even more 
 important, for the leaders of the revolutionary movement had 
 based their claims upon the rights of man and had pro- 
 claimed equality for all. In view of the social, religious, and 
 political inequalities existing in practically all of the states, 
 this, if it meant anything, was full of interesting possibiHties. 
 That it did mean something is proved by the efforts made 
 by both the revolutionary leaders and the less fortunate 
 classes to break down these barriers — efforts that produced 
 during the next few years radical changes which affected 
 every state in the Confederation. 
 
 92. The First State Constitutions. — While the colonies 
 were collectively declaring their independence of Great 
 Britain, the colonial governments were being replaced by 
 separate state governments. As the war spread, the royal 
 governors and their assistants and the judges frequently 
 found it wise to leave the country. This left only a por- 
 tion of a government in several of the colonies, in some of 
 which the assemblies began applying to Congress to know 
 what they should do. In July, 1775, Massachusetts had 
 been advised to use her old charter and to disregard the 
 governor. In the following November, New Hampshire had 
 been urged to call a convention representing the whole 
 people in order to frame a state constitution, which it did 
 gladly. But it was on May 15, 1776, that Congress took the 
 great step forward which marked a new era in the history of 
 
The Revolution 79 
 
 independence, union, and constitutional development. They Congres- 
 recommended to each colony that it " adopt such a govern- ^^^^^^ resoiu- 
 
 , ,, . , . . - , tion of May 
 
 ment as shall m the opinion of the representatives of the 15, 1776. 
 people best conduce to the happiness and safety of their ^ , . 
 constituents in particular and of America in general." This ham, 496- 
 suggestion was quickly followed by Virginia, which in conven- 499- 
 tion adopted a constitution embodying not only a plan for 
 the state government, but also a bill of rights. Connecticut 
 and Rhode Island merely continued their charters which 
 were to all intents and purposes republican constitutions, 
 while most of the other states called conventions for the 
 purpose, but only Massachusetts submitted the constitution 
 framed by her convention to the people for ratification. 
 
 The special significance of these constitutions lies in their Significance 
 
 relation to the development of the written Constitution. For °^^^^ written 
 , - . . , . , ,11 1 -, 1 . constitutions. 
 
 the first time m history there had been adopted a real writ- 
 ten Constitution, which was ordained by the people, was 
 alterable only by them, and which was above the govern- 
 ment placing Hmitations upon it. At the same time there 
 was being trained in these constitutional conventions men 
 whose experience and knowledge was to prove of the highest 
 value in the formation of a constitution of an even higher 
 type, the best the world has ever seen — the United States 
 Constitution of 1787. 
 
 93. Characteristics of the State Constitutions. — These influence of 
 
 constitutions present certain marked characteristics, which ^^^^^^'^ s°^" 
 
 . ..... emments. 
 
 were the outgrowth either of preexisting institutions or of . 
 
 F i s Ic G Cviti^ 
 
 the movement of the times. That is, the new governments cai Period, 
 
 were modelled after the old colonial governments, modified 65-69. 
 
 by the ideas most prominent in 1776. For example, the Bancroft, 
 
 idea of the rights of man found embodiment in ''bills of United states 
 
 - V III— 12^. 
 
 rights," first introduced by Virginia, but afterward accepted 
 by almost all the states and still a prominent part of our Desire to 
 state constitutions. The idea that liberty could be best pre- ^^° j.^ 
 served by completely separating the departments of govern- 
 ment, left a lasting trace on these and on all later constitu- 
 tions ; but the fact that the assembly had been the popular 
 
8o 
 
 The American Federal State 
 
 Predomi- 
 nance of the 
 legislature. 
 
 Constitutions 
 not demo- 
 cratic. 
 
 Articles of 
 union pro- 
 posed {1776). 
 
 Channing, 
 k 167. 
 
 Story, Com- 
 mentaries, 
 
 Curtis, Cbwj/V 
 Hist., I, 86- 
 97- 
 
 Articles of 
 Confedera- 
 tion accepted 
 by Congress 
 
 (1777). 
 and adopted 
 by all the 
 states (178 i). 
 
 branch of the government in colonial times led the consti- 
 tutional conventions to give the legislatures abnormal powers, 
 while the governors were shorn of almost every attribute of 
 the executive office. The veto was everywhere abolished, 
 and was only gradually reintroduced in a modified form. The 
 judges were made dependent upon the legislature by method 
 of appointment, removal and payment, and their usefulness 
 was greatly impaired. Nevertheless the constitutions were 
 not democratic. The Revolution had made them anti- 
 monarchical, but it did not produce at once any change in 
 the franchise, neither did it make popular ratification of the 
 constitution necessary. 
 
 94. Formation of the Confederation. — Although the pro- 
 posal to frame articles of union was made on the same day 
 as Lee's independence motion, June 12, 1776, it was 1781 
 before the Confederation was formed. The fact is, however, 
 significant that separation from Great Britain meant union of 
 the colonies, both in the thought of the prominent statesmen 
 and in the proposed action of Congress. A committee of 
 one member from each state had been appointed in June, 
 1776, and their report, made the 12th of July, had been 
 secretly debated for weeks. Judging from this discuss^ion, 
 most of the delegates were wiUing to give Congress as much 
 power as it was then exercising; but when the subject was 
 reconsidered the next year, the situation was radically differ- 
 ent, as the states had become much more jealous of their 
 rights, and demanded that they be fully accepted at the 
 sacrifice of common interests. The states had their way, 
 and a union much weaker than that suggested in 1776 was 
 proposed in the Articles of Confederation, accepted by Con- 
 gress November 15, 1777, and sent to the states for approval ; 
 yet there is no reasonable doubt that the feelings of the 
 people of the country regarding state and national rights 
 were well expressed in the Articles. To all, union was a 
 necessity, but to many it was nothing more than a necessary 
 evil. Defective as the Articles were, it is really a matter of 
 surprise that any union could have been formed when we 
 
The Revolution 8i 
 
 consider the intense local spirit of the colonies, the extreme 
 political narrowness that had marked so much of their con- 
 duct, and the reaction against nationaUsm which had set in 
 since 1776. As it was, ratification came very slowly. By 
 July, 1778, ten states had agreed to the Articles, and Con- 
 gress urged the others to give their consent. May, 1779, 
 saw only Maryland holding back, and she refused until her 
 powerful neighbors should cede their claims to the Western 
 lands, which were dangerous to her own safety. At last when 
 action by New York and Virginia seemed to insure control 
 of the lands by the Congress for the common benefit, Mary- 
 land gave her consent. Thus on March i, 1781, after five 
 weary years of effort, was union accomplished. 
 
 95. Character of the Articles of Confederation. — What Degree of 
 was the real character of this Confederation? It called state sover- 
 
 eisTity. 
 
 itself a league of states which retained their " sovereignty, 
 freedom, and independence, and every power, jurisdiction, fx^^g^^^fi 
 and right which is not by this Confederation expressly dele- 
 gated to the United States in Congress assembled." This cai Period ' 
 idea that sovereignty resided in the separate states and not 93-101. 
 in the nation is borne out by the provision that each state, CnrMs,Const'i 
 whether large or small, should have one vote in Congress, ^^^•' i> 98- 
 and by the requirement that the Articles could be amended ^°^' 
 only by unanimous consent of the state legislatures. There ^^°'^' ^^^' 
 
 . . mentaries, 
 
 were, however, restrictions placed upon the states which ^^229-242. 
 
 seemed to indicate that they were not sovereign, for no 
 
 state was permitted to send ambassadors, to make treaties 
 
 with other states or foreign powers, to lay duties that violated 
 
 any treaty of the United States, to keep an army, or make 
 
 war. 
 
 The central government under the Confederation con- Powers of 
 sisted of nothing more than a Congress of delegates elected <^°°&^^ss. 
 by the states, with important diplomatic, but unimportant 
 legislative, powers, and no executive in theory or in prac- 
 tice. Its judicial powers were limited to jurisdiction of 
 appealed cases referring to interstate disputes. Its legis- 
 lative powers included the right to issue money, to make 
 
82 
 
 The American Federal State 
 
 Lack of 
 sovereign 
 power in the 
 United 
 States. 
 
 Federalist, 
 Nos. XV, 
 XVI. 
 
 Story, Com- 
 mentaries, 
 \\ 248-254, 
 265-268. 
 
 Failure 
 through lack 
 of revenue. 
 
 Curtis, 
 Const'l Hist., 
 I, 115-119. 
 
 requisitions on the states for sufficient sums to pay the 
 expenses of the government and men enough to carry on a 
 war, to build a navy, and finally to declare war and make 
 peace ; but for all matters of any considerable importance, 
 the votes of nine states were absolutely necessary. As has 
 been well said, the Articles seemed to have been formed 
 for no other purpose than to accomplish a minimum of 
 result with a maximum of effort. But in one respect the 
 Confederation marks a great advance upon any preexisting 
 union, for it recognized the existence of interstate citizen- 
 ship, and guaranteed to the citizen of one state residing in 
 another all the rights of citizens of the latter state. 
 
 96. Defects of the Confederation. — The radical defect of 
 the Confederation was the lack of sovereign power in the 
 United States. This showed itself in many ways. The 
 central government could not deal with its citizens except 
 through the states, that is, it acted on the states and not 
 on individuals. This was the reason that Congress had 
 the power to declare anything, but to do nothing. In the 
 execution of the laws, in the obtaining of revenue, in raising 
 an army, in amending the Articles, the state governments 
 could interfere with the action of the Congress, and in some 
 cases a single state could defeat an important measure or a 
 proposed remedy. As it was impossible to think of coerc- 
 ing such a state by mihtary force, the Congress gradually 
 lost what power it nominally possessed. It became in time 
 almost impossible to obtain a quorum in Congress, as the 
 states either neglected to choose delegates, or the delegates 
 did not think it worth while to attend. Congress had lost 
 not only its power and its influence, but its self-respect 
 as well. 
 
 97. The Failure of the Confederation. — The failure of the 
 Confederation was due, to a certain extent, to all of these 
 defects, but especially to the lack of power to control com- 
 merce (§ 99) and the inabiUty to obtain revenue. While 
 the war lasted, the United States was fortunate enough to 
 borrow sums from France and Holland, and was also able 
 
The Revolution 83 
 
 to raise limited amounts in the states ; but, as it was not 
 always able to pay the interest on these loans, its credit 
 became rapidly poorer after 1783. Paper money had 
 already been tried without success, so that the only means 
 left Congress, in order to pay its expenses, was to apportion 
 among the states the amounts each was to pay toward the 
 support of Congress. As there was no way of forcing the 
 states to pay these requisitions, and as the state finances 
 were in themselves quite a burden, Congress waited in vain 
 for even a small proportion of what it had requested. Of 
 the fifteen millions asked from the states between 1781 and 
 1786, less than two and a half millions were paid in, whereas 
 but one million of the ten for which Congress had petitioned 
 between 1784 and 1788 found its way into the federal 
 treasury. 
 
 Two attempts were made to alter the Articles of Con- Failure be- 
 federation, so as to give the central government power to ^^"^^ °^ ^°^" 
 regulate foreign commerce and collect for itself duties upon amend the 
 imports. In each case the amendment was defeated because Articles. 
 just one state objected. The recommendation of February curtis, I, 
 3, 1 781, was to the effect that Congress should have power 157-167. 
 to collect a five per cent ad valorem duty, to be used 
 exclusively for the interest or principal of the pubHc debt. 
 To this all consented except little Rhode Island. A second 
 proposition, April 30, 1 784, favored a duty of five or more per 
 cent, for twenty-five years, upon certain enumerated articles, 
 with power to regulate commerce, the customs to be col- 
 lected by federal officials. This amendment was defeated 
 by New York, which insisted upon collecting the duties at 
 its own ports and then paying Congress in depreciated paper 
 currency. These experiences seemed to prove that the 
 Articles were to remain the fundamental law of the United 
 States until forcibly replaced by a better constitution. 
 
 98. Development of National Conditions. — Fortunately, Mutual in- 
 the degree of nationality existing in any country is not terests of the 
 always measured by the strength of her national govern- jnore numer- 
 ment. As the government became weaker, the common ous. 
 
84 
 
 The American Federal State 
 
 Uniform 
 laws needed 
 for foreign 
 and inter- 
 state trade. 
 
 Curtis, 
 Const' I Htst., 
 I. 186-195. 
 
 Land ces- 
 sions of the 
 states. 
 
 C banning, 
 \\ 170-172. 
 
 Fiske, Criti- 
 cal Period, 
 187-196. 
 
 interests of the people became more numerous. During 
 the war it was a sense of common danger that held them 
 together; but, as war conditions disappeared, and they 
 returned to ordinary business life, the states found that 
 they had more reason for being together than formerly. 
 We may consider briefly three things : commerce and the 
 public lands and religious institutions. 
 
 99. Need of National Control of Commerce. — As all for- 
 eign affairs were of necessity left with Congress, the regula- 
 tions for commerce with other nations would be uniform 
 throughout the country. Every part of the United States 
 felt that it was benefited if this foreign commerce was 
 increased, and that they were correspondingly injured by 
 the commercial discriminations of Europe, and by the fail- 
 ure to make satisfactory commercial treaties. In interstate 
 commerce they came to realize the even greater need of 
 uniform laws. Free trade between the states had not been 
 provided by the Articles, consequently each state levied 
 what duties it pleased on goods brought in from its neigh- 
 bors. As the interstate trade was large and growing, and 
 as each state framed its system of duties for its own inter- 
 ests, the result was not only to greatly injure trade, but to 
 produce ill feeling that led to retaliatory acts on the part 
 of the other states. Consequently, the need of national 
 control was so evident that, unless it could be obtained, a 
 state of affairs bordering on warfare was inevitable. 
 
 100. The Nationalizing Influences of the Public Domain — 
 Much the same kind of national control was demanded for 
 the great domain in the West that had been ceded by Great 
 Britain in the treaty of peace (1783, § 623). Several 
 states had claims to this land based on charters, conquests, 
 or Indian treaties, and some of these claims conflicted. 
 Largely owing to the attitude of Maryland, which realized 
 the danger to herself from the further expansion of states 
 already large, these claims were practically or wholly 
 renounced, and the control of the land northwest of the 
 Ohio was given to the Congress. This generous action 
 
The Revolution 85 
 
 removed the danger of interstate strife that was present in 
 commercial matters, and at the same time influenced the 
 development of nationality in a very positive way, because 
 Congress exercised over this territory without question very 
 great powers for which it had no constitutional authority. 
 
 The Ordinance of 1787, for the government of the North- Ordinance 
 west Territory, was what our German friends would call a ° ^7 7- 
 bahnbrechende Idee — a path-breaking idea. While the Channing, 
 territory at first was to be governed by officials appointed 
 by Congress, and so was a kind of colony to the United Fiske, chh- 
 States, provision was made for the formation of five states 196-207. 
 as soon as the population of any district reached sixty 
 
 . ^, . , ,. . , Macdonald, 
 
 thousand. These states were to be republican in character, Documents, 
 
 and should be admitted to the Union on a par with all 21-29. 
 
 other states, and should never be separated from the United Johnston, in 
 
 States. Congress showed itself in sympathy with the re- Lalor, III, 
 
 forming spirit of the times when it declared that there 
 
 should be perfect religious liberty, that slavery should never 
 
 exist in the territory, that education should be at public 
 
 expense, and that estates should be shared equally by 
 
 children of both sexes. 
 
 1 01. National Religious Organizations. — Before the Rev- National 
 
 olutionary War almost every colony had an established ^^^^^^^^ 
 
 church which received support from the colony : but while 
 
 , 1 , , . . . , 1 Fiske, Critt- 
 
 each colony had church mstitutions these never crossed cai Period, 
 colonial lines. In other words, although there might be 83-87. 
 members of the Church of England in every colony, the 
 church organizations were unconnected. After the war, the 
 national sentiment of the people led to the formation of 
 national churches. Out of the old Churches of England 
 grew the American Episcopal Church. In 1784 the Metho- 
 dists held their first national gathering, while in 1788 the 
 Presbyterian Church of America was organized. 
 
 102. Religious Liberty. — At the same time changes Abolition of 
 were occurring in the structure of society. None of the ^nd^disquali- 
 inequalities of the colonial period wholly withstood the fications. 
 undermining influence of the Revolution. In practically all 
 
86 
 
 The American Federal State 
 
 FJske, Criti- 
 cal Period, 
 76-82. 
 
 Many 
 
 inequalities 
 
 removed. 
 
 Fiske, Criti- 
 cal Period, 
 70-76. 
 
 Property still 
 
 the basis 
 of the 
 franchise. 
 
 Thorpe, 
 Const' I Hist., 
 I, 191-210. 
 
 of the state constitutions adopted during the war religious 
 qualifications were required of public officials, and, in some 
 cases, of voters, while in many cases clergymen were not 
 allowed to hold office (Appendix G, Table I). These re- 
 strictions existed especially in the South and in New Eng- 
 land until swept away by the democratic movement of 
 this century, but many of them were abolished during the 
 Confederation. In this great movement Jefferson and Madi- 
 son took the lead by securing the disestabhshment of the 
 Virginia church and the abohtion of church qualifications 
 as well. The influence of the example set by the Ordinance 
 of 1787 in this as in other reforms was of the highest 
 importance. 
 
 103. Class Distinctions. — The most noticeable changes 
 in the relations of classes is that dealing with the negro 
 slaves, but others were occurring which lightened the bur- 
 dens of indented servants and did away with many of the 
 inequalities of class legislation. The general tendency was 
 to abolish primogeniture where that existed and substitute 
 for it the equal partition of the property of the deceased. 
 In the attempt to abolish the slave trade the Middle and 
 the Southern states led the way. Emancipation had been 
 practically completed in New England before 1787 and was 
 making good progress in the Middle states, but gained no 
 foothold south of Virginia. 
 
 104. Political Qualifications. — Considering the statement 
 that "all men are created equal," it took a long time for people 
 of the eighteenth century to realize that man as man had any 
 right to a part in the government. While the requirements 
 of colonial times were essentially modified, property re 
 mained the basis of the franchise until the close of the cen- 
 tury. Vermont, New Hampshire, and later Kentucky did 
 something toward making suffiage universal ; but in the 
 older states property quahfications were the rule, officials 
 being required to have a greater amount than voters. Even 
 the liberal ordinance for the Northwest Territory required a 
 freehold of fifty acres before one could cast a ballot. 
 
The Revolution 8/ 
 
 105. Condition of United States in 1787. — By 1 787, then, Social prog- 
 much had been done, yet more remained to be done. The ^^^^ ^^^ 
 
 great before 
 changes produced by the Revolution had not been radical 1787. 
 
 either in their nature or in the method by which they were 
 produced. The spirit of the Revolution was a leaven that 
 had permeated society, not a charge of dynamite destroy- 
 ing existing institutions. The old system was undergoing a 
 change ; we cannot say it had been changed. There was 
 still an absence of the nineteenth-century humanitarian 
 spirit. 
 
 In the affairs of national government we had reached the Weakness 
 lowest ebb. We did not command respect as a nation ; °^ *^^ , 
 
 , / national 
 
 Other powers would make no treaties with us ; our credit government 
 was gone ; our commerce flourished in spite of the condi- 
 tions, rather than because of them. To the general internal 
 difficulties had been added a period of financial depression 
 productive of cheap paper-money and a serious revolt in 
 Massachusetts, called Shays's Rebellion. Thinking men be- 
 lieved that many of these evils were due to the weakness of 
 the central government, and had already begun to take steps 
 to have that government reorganized. 
 
 QUESTIONS AND REFERENCES 
 General (§§ 80-82) 
 
 1. What is a revolution? Show the difference between a revolu- 
 tion and a revolutionary war; between a social and a political revo- 
 lution; a financial and a military one. Give examples of each in 
 history. (Cf. § 36.) 
 
 2. Is it true that " a revolution is a successful rebellion " ? 
 
 3. Who began the American Revolution? To what extent was the 
 Revolution due to social, to political, to economic causes? 
 
 4. WTiat is meant by nationality? by the spirit of nationality? 
 Can nationality exist without national political institutions? without 
 national religious institutions? Can it continue without these? 
 
 5. What is the difference between localism and sectionalism? 
 Which is more opposed to nationality? Under what conditions might 
 each help to develop nationality? under what to hinder it? 
 
88 The American Federal State 
 
 6. What was the influence of the Revolution upon English poli- 
 tics? Did it produce changes that resulted in political freedom? 
 
 7. Trace, if possible, the influence of our Revolution upon that of 
 France. Compare them as to causes, character, relation to the rest 
 of the world, and results, noting principal similarities and differences. 
 Account for these. 
 
 England in 1760 
 
 a. On the character and policy of George III compare Fiske, 
 Green, Trevelyan, Lecky, Walgrave in Hart's Contemporaries, II. 
 
 b. For the character and composition of Parliament see Fiske, I, 
 32-35; Green, 764-766; Lecky, 185-188. 
 
 c. The difference between " virtual " and " territorial " representa- 
 tion is given in Channing, Student'' s History, §§ 122-123. 
 
 1. Describe the condition of English politics under George II, In 
 what respects was the English policy of George III different from that 
 of George II? in what the colonial policy? 
 
 2. From what kinds of districts were the members of the House of 
 Commons elected? What influence did the Lords have over these 
 elections? To what extent was the House of Commons controlled 
 through bribery? '^ 
 
 3. What difference was there between the English and the Ameri- 
 can idea of representation in 1760? 
 
 The Beginnings of Conflict (§§ 83-85) 
 
 a. On the colonies in 1760, see Montgomery, Students American 
 History, 143-162; Channing, United States (1765-1865), chap. I; 
 Thwaites, Colonies, chaps. V, VIII, X; Lodge, English Colonies ; 
 Channing and Hart, Guide, § 133. 
 
 1. What claim had the colonies to the exclusive right of taxation 
 based upon the charters? upon the expressed consent of the British 
 government? upon the implied consent? upon the results of the 
 contests between the governors and the assemblies? 
 
 2. Is taxation without representation always tyranny? If not 
 always, when is it, and when not ? Have we any instances now of 
 taxation without representation? 
 
 3. What provisions of the Townshend Acts violated American 
 principles of government, and in what ways? 
 
 Intercolonial Union (§§ 86-88) 
 
 I. Did the spirit of union precede organized union? Was the 
 spirit of union ever fully represented by the character of the organiza- 
 
The Revolution 89 
 
 tion? Which was of greater value to unity, a congress or organizations 
 like the committees of correspondence ? Why? 
 
 2. Compare the Congresses of 1754, 1765, and 1774, as to reasons 
 for which called, number of colonies represented, method of choosing 
 delegates, degree of unity shown, work of the Congress, and influence 
 on permanent union. Make table. 
 
 3. Compare the Declarations of Rights (1765 and 1774) and the 
 Declaration of Independence, showing basis of claims, deductions from 
 these premises, and the growth of the idea of complete self-government. 
 
 Union and Independence during the "War (§§ 89-93) 
 
 «. On first state constitutions consult Fisher, Evolution of Consti- 
 tution, 70-89; Schouler, Constitutional Studies, 29-69; Thorpe, Con- 
 stitutional History,!, 60-100; Morey in^. ^.^., IV, 201-232; Poore's 
 Charters and Constitutions ; Channing and Hart, Guide, § 143; W. C. 
 Webster in A. A. A., IX (1897), 380-420. 
 
 1. Was independence inevitable? In what section was opposition 
 to the Declaration most prominent, and why? What effect did the 
 Declaration have on parties in the United States? on our standing 
 abroad ? 
 
 2. Make a study of the Declaration. Do you find any ground for 
 the misquotation that " all men are created free and equal " ? What 
 do you think of the bases of the argument in paragraph 2 ? of the 
 argument itself? 
 
 3. Of the reasons assigned for separation, which ones deal with acts 
 illegal in English law? which ones were opposed to colonial practice? 
 
 4. Was democracy, as we understand it, the natural consequence 
 of the Declaration? Trace the influence of the Declaration in equaliz- 
 ing conditions since 1 776. 
 
 5. Considering the action of Congress in the formation of state 
 governments, could the states justly claim to have been sovereign at 
 any time? 
 
 6. Show how the revolutionary state constitutions illustrate the 
 truth that lies in the natural theory of the origin of the State. In the 
 contract theory (§§ 6, 7). 
 
 The Confederation (§§ 94-105) 
 
 1. Compare the Articles with Franklin's plans of union in 1754 and 
 1775 and the second Continental Congress as to form of government, 
 representation of states, and powers of Congress. 
 
 2. Is it true that the Confederation really represented a higher 
 form of union than Congress in 1776? Give your reasons in full. 
 
90 The American Federal State 
 
 3. Enumerate specific defects of the Confederation. 
 
 4. What influence did separation from Great Britain after 1776 
 have upon the development of national conditions ? What part has 
 commerce played in the centralization of states and governments in 
 history? 
 
 5. To what extent did the United States allow its public domain to 
 be self-governing? In what ways has our national territory been held 
 in a colonial relation to the central government? (see § 628). 
 
 6. In what ways did the Ordinance of 1787 reflect the reforming 
 movement of the times, and how did its provisions in turn influence 
 the West? the East? 
 
 7. For what reason did the new laws of inheritance favor the de- 
 velopment of democracy? 
 
CHAPTER V 
 
 THE CONSTITUTION (1787-1789) 
 General References 
 
 Hart, Formation of the Union, 120-135. 
 
 Channing, Students History, 255-275. 
 
 Walker, Making of the Nation, 19-62. 
 
 Hinsdale, American Government, 87-143. An excellent summary. 
 
 Johnston, in Lalor's Cyclopedia under Constitution, Compromises, State 
 Sovereignty, etc. 
 
 Fiske, Critical Period, 220-344. 
 
 Curtis, Constitutional History, I, 235-697. 
 
 Bancroft, History of the United States, VI, 195-474. 
 
 Madison, Debates in the Federal Convention, By far the best contem- 
 porary account. (Volume V of Elliott's Debates?) 
 
 Hamilton, Madison, and Jay. The Federalist. The best contemporary 
 explanation of the completed constitution. 
 
 Elliott, Debates. 5 volumes. Gives journal of the convention and 
 speeches on ratification in the states. 
 
 Meigs, Growth of the Constitution. Traces the development of each 
 section to its final form. 
 
 Jamieson, etal. Essays in the Constitutional History of the United States. 
 For further bibliographies consult : 
 
 Channing and Hart, Guide, §§ 154-157. 
 
 Ford, in Bancroft, History of the Constitution, II. 
 
 Foster, References on the Constitution. 
 
 106. Feeling regarding a Constitutional Convention. — Favored by a 
 The need of a constitutional convention to remedy the g 
 Articles of Confederation had been recognized before those 
 
 . Fiske Criti- 
 
 articles went into operation. As early as 1780 Paine and cai Period, 
 
 Hamilton had suggested such a convention, and in 1785 214-222. 
 
 Bovvdoin, governor of Massachusetts, definitely instructed C\xx\\s,Const'i 
 
 her representatives in Congress to have one called. The ■^"^•' ^' 221- 
 serious defects of the Confederation had been emphasized 
 
 91 
 
 232. 
 
92 
 
 The American Federal State 
 
 The 
 
 Annapolis 
 
 conference. 
 
 Hinsdale, 
 \\ i66-i68. 
 
 Curtis, I, 
 232-236. 
 
 To revise the 
 Articles of 
 Confedera- 
 tion. 
 
 Curtis, I, 
 237-245- 
 
 by Peletiah and Noah Webster in 1780, and were realized 
 by all the leading men of the country ; but the desire for a 
 convention to remedy these defects were not widespread. 
 It was necessary for a few earnest spirits to take advantage 
 of conditions by summoning a convention representing all 
 the states. The favorable opportunity arrived when Madi- 
 son persuaded the Virginia legislature to invite all the other 
 states to attend the Annapolis conference held by Maryland 
 and Virginia for the purpose of regulating commercial inter- 
 ests. The subject proposed for discussion was the condition 
 of commerce and trade throughout the Union. As dele- 
 gates from but five states were present, Hamilton urged 
 an adjournment in order that all the states might be repre- 
 sented in a larger convention at Philadelphia the next year. 
 The Annapolis delegates then accepted the draft of a cir- 
 cular letter to the states for a convention " to revise such 
 further provisions as shall appear to them necessary to render 
 the constitution of the federal government adequate to the 
 exigencies of the Union, and to report to Congress such 
 an act as, when agreed to by them, and confirmed by the 
 legislatures of every state, would efiectually provide for the 
 same." 
 
 107. The Purpose of the Convention. — Congress resented 
 the action of the Annapolis Convention in calling a consti- 
 tutional convention, and refused to give its consent to the 
 Philadelphia meeting, but in February, 1787, after seven 
 states had appointed delegates, and New York had taken 
 away the last hope of regular amendment of the Articles by 
 refusing to vote the impost, the absolute need of such an 
 assembly became apparent, and Congress gave its indorse- 
 ment by calling a convention of its own to meet at Phila- 
 delphia at the same time. This was summoned " for the 
 sole and express purpose of revising the Articles of Confed- 
 eration and reporting to Congress and the several state legis- 
 latures such alterations and provisions, therein, as shall, 
 when agreed to by Congress and confirmed by the States, 
 render the Federal Constitution adequate to the exigencies 
 
The Constitution 93 
 
 of government and the preservation of the Union." As 
 each state instructed its delegates in substantially the same 
 terms, the convention was technically limited to revising the 
 Articles of Confederation. If it failed to do this, it was left 
 one of two alternatives, — to form a new and stronger con- 
 federation, or a still stronger government on a different basis. 
 
 J[o8. The Members. — The /i?rj<?««^/ of the convention was of a Prominent 
 
 very high order. This was unquestionably the ablest body of men delegates 
 
 that had ever sat to discuss the political affairs of America. Strangely , °"^ 
 
 icrcnt ststcs 
 and yet naturally enough the most intense leaders of the pre-revolu- 
 
 tionary period were not there. Some, like Henry and Lee, had refused Walker, 
 to serve as delegates; while others, like Jefferson, were occupied with ^(^tion, 22- 
 foreign affairs. On the whole, the absences cannot be regretted, for ^^' 
 most of these men were little suited to the work of making a Consti- 
 tution for a nation. But the members of the convention were by no 
 means unknown men. Franklin, the ablest statesman of the previous 
 generation, though now in his decline, rendered invaluable aid in pre- 
 serving a spirit of harmony, and with the noble-minded Washington 
 did much to give the Convention prestige with the people. Sherman, 
 of Connecticut, had been on the committee that wrote the Declaration 
 of Independence, and like his colleague, Ellsworth, was a man of 
 excellent judgment. Massachusetts sent four men of prominence. 
 Hamilton, of New York, was in many ways the ablest man present, 
 but contributed little to the details of the final plan because his ideas 
 of central government were out of sympathy with any that could be used, 
 and his vote was cancelled by those of two very narrow-minded men. 
 From Virginia and Pennsylvania came the men whose influence was 
 from first to last the greatest. The scholarly Madison, with his broad 
 knowledge of historical institutions and his deep insight into the evils 
 of the time, was ably supported by Wilson, the clear-thinking Scotch- 
 man, who possessed ideas that remind us of the America of to-day 
 more than of America in 1787. From Pennsylvania came also the 
 quick-tempered but able Gouverneur Morris, to whom was assigned 
 the task of making the final draft of Constitution, while the South 
 sent Rutledge and the two Pinckneys. 
 
 109. The Question of Nationalism. — The Convention was Organization 
 called to order at Philadelphia on the 25th of May, 1787, ^^^s^^io^s. 
 with delegates from nine states present. It closed its ses- 
 sions on the 17th of September, every state but Rhode 
 Island having been represented during most of that time. 
 
94 
 
 The American Federal State 
 
 The Virginia 
 plan. 
 
 Elliott, 
 Debates, V, 
 127-128. 
 
 Fiske, Criti- 
 cal Period, 
 236-242. 
 
 Of the sixty-two delegates appointed, only fifty-five reported 
 and but thirty-nine signed the final draft. 
 
 The first business was the selection of a chairman, George 
 Washington, and the making of rules, of which the two most 
 important were that sessions should be secret and that each 
 state should have one vote. On the fifth day Randolph, of 
 Virginia, offered a plan drawn up by Madison and approved 
 by the delegates from that state. It is popularly called the 
 Virginia plan. As stated in the first article, its object was 
 to correct and enlarge the Articles of Confederation. For 
 this purpose there was to be national government^ composed 
 of a legislature, executive, and judiciary. The legislature 
 was bicameral, the lower house being elected by the people, 
 and the upper house chosen by the lower out of persons 
 nominated by the state legislatures. This national legisla- 
 ture was to have not only the legislative rights of the exist- 
 ing Congress, but " moreover to legislate in all cases to 
 which the separate states are incompetent, or in which the 
 harmony of the Union may be interrupted by the exercise 
 of individual legislation, to negative all laws passed by the 
 several states contravening^ in the opinion of the National 
 Legislature, the Articles of Union, or any treaty subsisting 
 under the authority of the Union, and to call forth the force 
 of the Union against any member of the Union failing to do 
 its duty under the articles thereof." There was to be a 
 competent executive elected by the national legislature, 
 which was not reeligible, and which, with a certain number 
 of judges, should have a suspensory veto upon laws of the 
 national and state legislatures. A judiciary was to be estab- 
 Hshed with jurisdiction in cases of interstate dispute, piracy, 
 impeachment, etc. Provision was made for the admission 
 of new states, for guaranteeing representative government 
 to each state, and for all state officers to take an oath to 
 support the Articles of Union. The Constitution was to be 
 ratified by conventions in the several states, and to be 
 amended without the necessary assent of the national legis- 
 lature. 
 
The Constitutio7i 95 
 
 We can see at a glance how different this plan was from Comparison 
 the Articles in use. Although not instituting what we should T"^ !^^^ . 
 
 ° ° Articles of 
 
 call a really popular government, it certainly was national. Confedera- 
 The negative upon state laws and the legal use of force to ^°°- 
 coerce a state seem indeed to threaten local self-govern- 
 ment ; but these features were dropped at once for lack of 
 support. It suggested what is on the whole a reasonable 
 scheme — one in fact that with modifications we have put 
 into practice. 
 
 no. The Contest over Nationalism. — The next day, May Virginia plan 
 xo, in the committee of the whole, it was moved that a ^^^P^^"^ ^'^ 
 
 ^ ' ^ committee of 
 
 Confederation based on treaties between sovereignties was the whole. 
 insufficient, and moved further "that a iVizA'^Tz^z/ government Johnston in 
 ought to be established with a j-z^/r^w^ Legislative, Execu- Laior. 1,547- 
 tive and Judiciary." The second part of the motion was ^^" 
 adopted by a vote of six to one. This was certainly not Fiske, CHt- 
 equivocal, though later discussion showed that some mem- 0,2-2^ 
 bers did not fully understand what was meant by the w^ord 
 national. During the next two weeks the debate (still in 
 committee of the whole) was Hmited to the different reso- 
 lutions of the Virginia plan, and at the end of that time the 
 Virginia plan was accepted by the committee with some 
 alterations, such as dropping the clauses referring to the 
 negative on state laws, to coercion, and the one providing 
 for a council of revision, and modifying certain of the details. 
 This called forth fi^om the conser\^atives and delegates from 
 the small states a scheme kno\\Ti as 'Cwt New Jersey Plan. The New 
 It favored amendment of the Articles of Confederation so ^^^^^ ^°- 
 as to create an executive elected by Congress, and a judi- Fiske, 245. 
 ciary, with appellate jurisdiction, appointed by the execu- 
 tive. Congress was given power to levy duties and internal 
 taxes, and its legislation, together with the treaties, was made 
 the supreme law of the land. Pro\dsion was made for the 
 admission of new states, and for a uniform rule of naturali- 
 zation. 
 
 With this greatly improved scheme of confederation before 
 it, issue between nationalism and particularism was fairly 
 
96 
 
 The American Federal State 
 
 Virginia re- 
 ported by 
 committee of 
 the whole. 
 
 Fiske, 246- 
 250. 
 
 Necessity of 
 compromise. 
 
 Representa- 
 tion con- 
 sidered in 
 committee 
 of the whole. 
 
 Connecticut 
 compromise. 
 
 Fiske, 350- 
 253- 
 
 joined in the convention. On June 19 the members, still 
 in committee of the whole, voted to rise and report the 
 Virginia plan. The vote stood seven to three — in some 
 respects a division between large and small states. At all 
 events, it was a decisive victory for the national party. 
 But the same day, in order to avoid bad feeling, the word 
 national \s^^ dropped, and the legislature was hereafter called 
 Congress. 
 
 Later on the plan was modified by introducing the federal 
 principle in the composition of the Senate, and still later 
 other federal features were embodied. It was absolutely 
 necessary that this should be done, for although the states 
 favoring nationalism had been in the majority and had carried 
 their point, and could probably have won in the contest 
 over representation in the Senate, the victories would have 
 been dearly bought, since, even had the Convention failed 
 to break up, which is unlikely, the Constitution would never 
 have been adopted by the people. 
 
 III. The Compromise over Representation in Congress.— 
 It had been decided the first week the convention was in 
 session that the members of the lower house should be elected 
 by the people of the states, and later it was agreed that their 
 number should be in proportion to the free population and 
 three-fifths of all others. At this time a motion to have 
 equal representation in the Senate was lost by a vote of five 
 to six, and the large states then adopted the same rule for 
 the Senate as for the House of Representatives. 
 
 As this was done in the committee of the whole, nothing 
 was said. It was an entirely different matter, however, when 
 the subject was taken up in the convention, June 28. They 
 decided that the states should not be equally represented in 
 the lower house, but could do nothing more, so referred the 
 matter to a committee. The committee favored equal repre- 
 sentation in the Senate, giving the House power to originate 
 all money bills. This was not at all satisfactory to the large 
 states, for they considered the financial right of little value. 
 Day after day of bitter debate was passed without solving 
 
The Constitution 97 
 
 the difficulty. The small states were determined to win or 
 withdraw, and the large states finally accepted defeat as 
 the lesser evil. It was then decided to allow the states to 
 be represented in the House according to population, rating 
 negroes at three-fifths of their number, and to give each 
 state two members, each having a vote, in the Senate. This 
 concession won for the Constitution both during the conven- 
 tion and afterward the complete support of the small states, 
 and left the chief issue of the Convention the question of 
 slavery. 
 
 112. Other Questions and Compromises. — The conduct of Theadjust- 
 the small states had been directed by the feeling that " self- ^^f °^ .^^^^^ 
 
 •' ° and sectional 
 
 preservation is the first law of nature," and there is no doubt interests. 
 that they beheved consolidation of the Union to be a real 
 danger to them. In later discussions, the chief difficulties 
 lay in devising a scheme that would promote as many sec- 
 tional interests as possible. As the advantage of one section 
 was often thought to be the disadvantage of another, and as 
 each section threatened to withdraw unless its demands were 
 recognized, the only possible union lay through fiirther 
 compromise. 
 
 In addition were the numerous details which involved no 
 great principle, but whose proper adjustment meant so much 
 to the administrative success or failure of the new Con- 
 stitution. 
 
 113. The Three-fifths Compromise. — It had been decided The count- 
 early in the convention that when representatives in the ^^^ ° 
 
 ^ ^ negroes. 
 
 lower house were apportioned among the states or when 
 direct taxes were levied upon them, the number of members ^^ ^' 
 or the amount of the tax should be in proportion to the 
 population. A difficulty at once arose as to the counting of 
 negroes. The South wished slaves counted when represen- 
 tatives were apportioned, while the North protested. The 
 South objected to counting the negroes, whom they now said 
 were property, when taxes were being assessed, while the 
 North thought they should be counted. It seemed then 
 about an even thing when the convention adopted the rule 
 
 H 
 
98 
 
 The American Federal State 
 
 Report of the 
 committee 
 on detail. 
 
 Elliott, De- 
 bates, V, 
 376-381. 
 
 Compromise 
 over slave 
 trade and 
 navigation. 
 
 Fiske, 262- 
 267. 
 
 Method of 
 
 electing 
 
 Senators. 
 
 Meigs, 
 Growth of 
 Const., 68-80. 
 
 in use for taxes under the Confederation by taking all of the 
 free population and three-fifths of the negro slaves as the 
 basis in both cases, but it does not require a great knowledge 
 of our later history to know which side had the best of the 
 compromise. 
 
 114. The Last Great Compromise — On the 26th of July 
 the Convention completed the discussion of the Virginia plan 
 and placed its resolutions in the hands of a committee on 
 detail for further elaboration. Several days later the com- 
 mittee reported a plan very similar in form and content to 
 our present Constitution proper. Among the notable differ- 
 ences were the failure to give the courts jurisdiction over 
 cases arising under the treaties and the Constitution, the 
 power granted the Senate to decide certain controversies 
 between States and two powers of Congress. In this draft 
 Congress was not permitted to prohibit the slave trade, and 
 navigation acts could be passed only by a two-thirds vote. 
 The last two were clearly dictated by Southern interests and 
 met with considerable opposition. They were at once given 
 to a new committee and the report favored prohibition of the 
 slave trade after 1800, with a tax on slaves imported, and 
 struck out the clause requiring a two-thirds vote for naviga- 
 tion laws. This came near precipitating a conflict between 
 the Southern and New England interests, which were dia- 
 metrically opposed to each other on the two questions. 
 They finally agreed to have navigation acts passed by a 
 majority vote, to prohibit the slave trade after 1800 (later 
 changed to 1808), and to limit the tax on slaves to ten 
 dollars per head. The power of the Senate over contro- 
 versies had already been struck out, and the jurisdiction of 
 the courts was enlarged soon after. 
 
 115. Important Details. — On a number of subjects beside 
 those mentioned, the convention was long in doubt. They 
 could not at once make up their minds as to the best method 
 of choosing Senators. Some wanted election by the people, 
 others election from special districts, a third class wished to 
 leave the choice with the lower house, while a fourth favored 
 
The Constitution 99 
 
 the state legislatures. As the last were the most numerous, 
 their views finally prevailed. 
 
 Much more trouble was encountered with the Presidency. Term and 
 Most of the members favored a single person because the ^J^^*^°" °^ 
 
 the Pres- 
 
 committees of the Confederation had been so unsatisfactory; ident. 
 
 but in regard to election, reeligibility, and length of term, the stanwo d 
 
 convention did not know its own mind. They first voted Hist of 
 
 in favor of a term of seven years without reelection, then ^^^^^^^'^y- 
 
 changed to six, went back to seven, and during the closing 
 
 weeks of the sessions decided upon four, with reeligibihty. unUed ' 
 
 The election of the President presented a much more diffi- states, vi, 
 
 cult problem. They were afraid to make him subordinate ^^ ^^'^' 
 
 to Congress by leaving the choice to that body, did not ^^^^^' '^^~ 
 
 dare intrust election to the people, and were unwilling 
 
 to leave it to the state legislatures. After agreeing to two 
 
 of these plans at different times, they finally hit upon 
 
 indirect election through competent electors chosen by the 
 
 States. 
 
 116. The Method of Amendment. — The two most impor- Amoreiib- 
 
 tant things with regard to any constitution are how it is made ^'"^' ^^^^ 
 . ® ^ adopted. 
 
 and how it may be changed. After it has been adopted, the 
 method of amendment is of the greatest consequence, be- ^ ^^ * ^ *' 
 cause that determines whether the constitution shall be 
 altered to meet new political conditions, or whether it shall 
 be abolished by revolution. The failure of the Confedera- 
 tion was in no small measure due to the requirement of 
 unanimous consent to any change. The opposition in the 
 convention to such a rule was practically unanimous, but the 
 fi*aming of a proper method was not given the attention it 
 deserved. Debate was confined principally to the question 
 whether the states should have any initiative in making 
 alterations. It was finally agreed that amendments might 
 be proposed by two-thirds of each house of Congress or by 
 a convention called on the application of two-thirds of the 
 states, and that for ratification the consent of three-fourths 
 of the state legislatures or conventions was necessary. Only 
 one permanent clause was to be free from alteration by this 
 
ICX) 
 
 The American Federal State 
 
 Lack of care 
 in subjects 
 not in dis- 
 pute. 
 
 Objections to 
 the Constitu- 
 tion. 
 
 Hinsdale, 
 \\ 206-208. 
 
 Story, Com- 
 mentaries, 
 
 hk 293-305- 
 
 Conditions 
 favorable to 
 ratification. 
 
 Curtis, 
 Const'l Hist., 
 623-640. 
 
 means : no state should be deprived of its equal represen- 
 tation in the Senate without its consent. 
 
 The comparative lack of consideration with which this 
 subject was treated was paralleled in the case of several others, 
 which in themselves deserved the most careful attention. A 
 careful reading of the proceedings of the convention cannot 
 fail to leave the impression that too much attention was 
 given to making a constitution that would be adopted, and 
 not enough to perfecting those parts upon which opinions 
 differed very little. Yet when we consider the seriousness 
 of the situation in its many trying aspects, the lack of experi- 
 ence in framing national constitutions, we are just as much 
 impressed with the moral earnestness, the lofty patriotism, 
 and the rare political skill with which "the Fathers " sought 
 to give us the best government they were able to devise. 
 
 117. Conditions affecting Ratification. — The Constitution 
 was to go into effect as soon as nine states had ratified 
 through conventions of the people, but there were great 
 difficulties to be overcome before the states would agree to 
 the new plan. Bad as the government under the Confed- 
 eration had been, popular prejudice was probably greater 
 toward a strong than toward an inefficient government. The 
 new instrument seemed to invade the sphere of the states, 
 to reestablish tyranny. It provided for no bill of the rights 
 of the people, it made Congress absolute in the control of 
 certain affairs, it left the Supreme Court and not the states 
 to 'decide whether Congress had overstepped its bounds. 
 It created a military dictator with almost unlimited power. 
 
 On the other hand, many things were favorable to the Con- 
 stitution. The best classes of the citizens were disgusted 
 with the Confederation, and these classes included most of 
 the political leaders. The Federalists or friends of the 
 Constitution were much better organized than their oppo- 
 nents. They possessed greater knowledge and skill, and 
 were able to show the people that their fears were based on 
 prejudice. This is nowhere better exemplified than in the 
 able papers written by Hamilton, Madison, and Jay, pub- 
 
The Constitution lOi 
 
 lished under the title of The Federalist. Nevertheless it is 
 true that the Constitution was drawn " by grinding necessity 
 from a reluctant people." 
 
 ii8. The First States. — It was the small states that led Five states 
 the way in ratification. Delaware came first on the 6th of ^^™s De- 
 December, 1787, with a unanimous vote. Pennsylvania won janua^.^'''^ 
 after a hard struggle in which the superior organization of 
 the Federalists and the logic of Wilson were the determining ^^^^^' ^°^ 
 factors. New Jersey, Georgia, and Connecticut fell into line 
 without much opposition; but in North Carolina, and later 
 in New Hampshire, the conventions adjourned without action. 
 
 As Massachusetts was the stronghold of particularism, the Massachu- 
 Anti-federaHsts made a serious attempt to keep the state ^^^^' 
 from ratifying. The three great objections brought forward Walker. 
 were that the liberties of the people were threatened (i) by ^^^''"'' ^^" 
 the length of the terms of representatives especially, (2) by 
 the absence of a bill of rights, and (3) by the general con- 33?^'^'^" 
 solidation of power in the United States government. The 
 convention would not vote for ratification until it was under- 
 stood that a bill of rights should be added, and then the 
 majority was only nineteen out of a total of over three hun- 
 dred. Following this Federalist victory, came the approval The ninth 
 of Maryland, South Carolina, and New Hampshire, so that '^^^^• 
 the nine states legally necessary had been secured. 
 
 119. The Later States. — It cannot be said that the Virginia, 
 troubles of the Federalists were over yet, for Virginia was piske. 334- 
 the most populous state, and New York, though small, was 338. 
 commercially important. The Anti-federalists in the former 
 were led by ardent Patrick Henry, who made every effort 
 to form a Southern confederacy. His attacks in the con- 
 vention were directed largely toward the absolutism of the 
 President and the absence of a bill of rights. As he proved 
 no match for Madison aided by John Marshall, the state, by 
 a vote of eighty-nine to seventy-nine, decided to cast in its 
 lot with the new Union. 
 
 In New York the opposition was ably organized by Gov- New York, 
 emor Clinton and still more ably conducted by Malancthon 
 
I02 
 
 The American Federal State 
 
 Fiske, 340- 
 344- 
 
 Lodge, Ham- 
 ilton, 70-80. 
 
 The non- 
 ratifying 
 states. 
 
 Johnston, in 
 Lalor, III, 
 788. 
 
 Adoption of 
 the amend- 
 ments. 
 
 Schouler, 
 
 United 
 
 States, 
 
 (ist ed.), I, 
 
 102-104. 
 
 The Consti- 
 tution recog- 
 nized the 
 existence of 
 a state 
 ■' partly fed- 
 eral and 
 partly 
 national." 
 
 Federalist, 
 No. 39. 
 
 Smith. But for the genius of Hamilton, the Anti-federalist 
 majority could not have been overcome ; yet the fact that 
 he made a convert of his chief adversary is sufficient proof 
 of the ability with which he defended the principles of 
 the Constitution. Even then the state was carried by the 
 narrow margin of two votes. 
 
 North Carolina and Rhode Island were still outside the 
 Union and saw fit to remain so, the former until late in 
 1789, the latter until May, 1790. As the Congress of the 
 Confederation practically expired in October, 1788, and as 
 the new central government went into operation in the 
 spring of 1789, it has always been an interesting question 
 as to the status of these two states which sought to refrain 
 from any part in the great political Revolution of 1787. 
 
 120. The First Ten Amendments. — Massachusetts was 
 not the only state that feared to adopt the Constitution 
 without a bill of rights to protect individuals from the new 
 central government. So strong was the feeling in favor of 
 adding some constitutional guarantees that the citizens 
 should not be arbitrarily treated that ratification in several 
 of the conventions had only been secured by promising that 
 the first Congress should submit a bill of rights to the dif- 
 ferent states. This was accordingly done, and ten of these 
 amendments were adopted by three-fourths of the states and 
 declared to be a part of the Constitution December 15, 
 1791. 
 
 121. The Federal State. — The constitutional convention 
 clearly recognized the fact that the United States was not 
 really a league as the Articles of Confederation declared, 
 but was much more united. They also saw that to create a 
 qentralized national government would be impossible, and 
 so adopted the compromise system which moderate men 
 spoke of as "partly national and partly federal [confed- 
 erated]." They did not realize that the kind of a state 
 which really existed was a Federal State, but they neverthe- 
 less distributed the powers of government between the cen- 
 tral and the state governments in such a way that each was 
 
The Constitution 103 
 
 given those duties it could best perform. In other words, 
 while the idea of a Federal State was not clear to them, the 
 method of government necessary for such a state was fairly 
 well appreciated. 
 
 122. The Central Government and the Constitution in 1787 The value of 
 and since. — Fortunately the boundary which separated the ^ s^ant of 
 
 general 
 
 State sphere from the national sphere was so placed that all powers, 
 subjects properly belonging to the central government under 
 conditions at all like those of 1787 were granted to it, while 
 everything else was left to the states. That the national 
 sphere was not Hmited as much as the people would have 
 wished, was due to the reaction against the weakness of the 
 Confederate Congress and the breadth of view of the leaders 
 in the Convention. That the powers delegated to the 
 national government now are nominally the same as those 
 delegated one hundred years ago, is due still more to the 
 fact that those powers were granted in general and liberal 
 terms, and that the interpretation of the Constitution by the 
 different departments of government, especially the Supreme 
 Court, has given these powers a broader scope than was first 
 intended. Were it not for this, our unwritten Constitution 
 could not have supplemented the written Constitution so as 
 to give the central government the power it has come to 
 need as the national feeling of the people has grown stronger, 
 and the written Constitution must have long ago been sup- 
 planted by a new instrument better suited to the conditions. 
 
 123. A Government of Checks and Balances. — The eigh- The political 
 teenth-century ideal of good government was one of checks p^^^^^g .. 
 and balances. This was undoubtedly due to the beUef of 
 
 the people that individual liberty should be the prime object 
 of government. Most governments had been so oppressive 
 that all governments except those under the immediate 
 supervision of the people, as, e.g. in the town meetings, were 
 looked upon with distrust, almost as a necessary evil. In 
 order therefore to keep the government from harming the 
 individual, an attempt was made to separate the legislative, 
 executive, and judicial departments with the intention of 
 
104 
 
 The American Federal State 
 
 balancing them against each other, and making them serve 
 as checks upon one another. It was customary, however, 
 to give the executive some legislative power, as the veto, in 
 order to act as a further check upon the legislature, while 
 the legislature could interfere in the execution of the laws in 
 various ways. The central government created by the Con- 
 stitution of 1787 was the nearest approach to this eighteenth- 
 century ideal that ever existed. John Adams has enumerated 
 in a famous letter (1814) the principal checks and balances 
 at the time the new government was inaugurated. 
 
 John 
 Adams's 
 enumeration 
 of balances. 
 
 Adams, 
 Works, VI, 
 466-468. 
 
 "Is there a constitution on record more complicated with balances 
 than ours ? In the first place, eighteen states and some territories are 
 balanced against the national government. ... In the second place, 
 the House of Representatives is balanced against the Senate and the 
 Senate against the House. In the third place, the executive authority 
 is in some degree balanced against the legislature. In the fourth 
 place, the judiciary power is balanced against the House, the Senate, 
 the executive power and the state governments. In the fifth place, 
 the Senate is balanced against the president in all appointments to 
 office and in all treaties. This, in my opinion, is not merely a useless 
 but a very pernicious balance. In the sixth place, the people hold in 
 their own hands the balance against their own representatives by 
 biennial which I wish had been annual elections. In the seventh 
 place, the legislatures of the several states are balanced against the 
 Senate by sextennial elections. In the eighth place, the electors are 
 balanced against the people in the choice of the president. And here 
 is a complication and refinement of balances which for anything I 
 recollect is an invention of our own and peculiar to us." 
 
 The two 
 views. 
 
 Story, Com- 
 mentaries, 
 
 hh 306-372. 
 
 124. Theories concerning the Constitution. — If the politi- 
 cal leaders of the last century did not fully apprehend the 
 idea of a Federal State, we certainly could not expect the 
 people to do so. As a consequence, the new Constitution 
 had barely been completed before one set of persons 
 wished to consider it as a compact between the states who 
 still retained their sovereignty and who had united to form a 
 central government but not a central State. A second set 
 believed that the United States was more than a league, and 
 that it was the people of the United States who were sover- 
 
" The Constitution 1 05 
 
 eign. These two views furnish the clew to the interpretation 
 of our early history, the advocates of each view struggling 
 for supremacy. 
 
 125. Compact Theory. — While the views were not dis- Hold of the 
 tinctly formulated at first, there is little doubt that during compact 
 
 , , -,„.. ., , ,- theory on the 
 
 the early years of the Constitution most of the people would people. 
 have been adherents of the compact theory. To them the t, 
 states were much more real that the United States, and if Webster, 
 they had been obliged to locate sovereignty in one or the ^74-i8i. 
 other, with little hesitation it would have been given to 
 the states. This view was strengthened by the claim of the 
 states to sovereignty under the Confederation, by the strong 
 spirit of particularism existing everywhere, by the fact that 
 no state was bound to the new system till it gave its own 
 consent, that the United States was apparently a creation of 
 the states, that in ratification some of the states had claimed 
 the right to withdraw their consent if they felt the central 
 government exceeded its powers, and finally that there was 
 little opposition to the tenth amendment which many con- 
 strued as a recognition of state sovereignty. 
 
 126. National Theory. — The national theory did not find Basis of the 
 as wide popular acceptance at the first, though it was ^^^^'T- 
 the view of the Constitution taken by many of the leaders Story, Com- 
 from the beginning. As the spirit of nationality grew J ^l^^j 
 stronger, it gained adherents everywhere, especially among 
 
 the party that controlled the central government. Its advo- Laior, iii, 
 Gates claimed that the Union existed as early as any of the 788-797- 
 states, that the states never had exercised all the powers of 
 sovereignty even under the Confederation, that ratification 
 by states did not prove state sovereignty, for ratification 
 was not entirely voluntary, and in the case of Rhode Island 
 and North Carolina, not at all so ; and that a change in the 
 Constitution, completely altering the sphere of the states, 
 might take place without any one so-called sovereign state. 
 
 127. The Preamble. — The basis and purposes of the Comparison 
 new Constitution were set forth in the preamble. We notice ^|* J^^ 
 immediately the great difference between this paragraph 
 
io6 
 
 The American Federal State 
 
 Organization 
 and powers 
 of the Senate. 
 
 Schouler, 
 Constitu- 
 tional 
 Studies, 
 104-113. 
 
 Organization 
 and powers 
 of the House. 
 
 and the statements of the Articles of Confederation cover- 
 ing the same subjects. It was no longer a "firm league 
 of friendship," but a union with a constitution ordained by 
 the " people of the United States," that phrase which was 
 to be the bone of contention for nearly a century of bitter 
 controversy. The objects stated are more positive in 
 character as well as more numerous than those of the 
 Articles, so that the different spirit which the document 
 breathes is apparent from the very beginning. 
 
 128. The Congress: the Senate. — The legislative depart- 
 ment under the new system was to consist of two houses 
 essentially different in composition but practically alike in 
 powers. The upper house or Senate was usually spoken of 
 as federal, for in it each state had two members, and no state 
 was to be deprived of representation without its own con- 
 sent. But as each member had a vote, was not bound by 
 instructions of the state legislature and could not be recalled, 
 the senator was a very different person from the state dele- 
 gate to the Confederate Congress. Senators had to be at 
 least thirty years of age, an inhabitant of the state which 
 they represented, and nine years a citizen of the United 
 States. They were to be chosen by the state legislature for 
 a term of six years, one-third retiring every second year. 
 Like all others connected with the United States government, 
 they were compensated from the national treasury. As the 
 Senate was a small body, it was believed to be more digni- 
 fied than the House, and especially suited to transact the 
 special business left to it. It could give or withhold its 
 consent to the more important appointments made by the 
 President, could ratify treaties by a two-thirds vote, sat as a 
 court for the trial of impeachment cases, but could convict 
 only when two-thirds favored such action ; and, in case the 
 Vice-president was not elected by the "college," it was to 
 choose one from the two highest. 
 
 129. House of Representatives. — The House was consti- 
 tuted on what was then called the national principle, i.e. 
 the number of members was in proportion to population, 
 
The Constitution 
 
 107 
 
 but eagh state had at least one member. In order to learn 
 the exact population a census was to be taken every ten 
 years, and the members to be apportioned according to the 
 number of free inhabitants and three-fifths of all others. 
 Persons could not be chosen representatives unless they 
 were twenty- five years of age, had been citizens of the 
 United States seven years, and were at that time inhabitants 
 of the state. In the election of representatives there was no 
 attempt to make the franchise national ; but those who voted 
 for members of the lower house of the legislature in the dif- 
 ferent states might also vote for members of Congress. As 
 the House was the more popular branch of Congress, it was 
 given sole power to originate money bills ; and when the 
 electors failed to choose a president, the members voting by 
 states were to select one from the five (aftenvard three) 
 highest on the list. Following the custom in England and 
 America, the House had exclusive power of impeachment. 
 130. Powers of Congress. — Unlike the powers exercised 
 by the state legislatures, those of Congress were enu77ierated, 
 though in general terms. Several points are worthy of 
 attention. First of all, the new government was to be prac- 
 tically independent, as Congress had full power to borrow 
 money and to levy duties and other taxes, with the one limi- 
 tation that all direct taxes should be in proportion to popu- 
 lation. In the exercise of its other powers as well. Congress 
 legislated not for the states, but for individuals with whom 
 the central government came into direct contact. It had 
 power over interstate commerce, over uniform laws of natu- 
 ralization, over post-offices, patents, and copyright. In mili- 
 tary matters it could not only declare war, but could raise 
 an army and create a navy of its own, and control the militia 
 in case of need. Over foreign affairs it had exclusive power, 
 as the states were forbidden to send or receive ambassadors 
 or make treaties and alliances. AU territory belonging to 
 the United States was subject to the control of Congress, 
 and it alone could admit new states. Most important of 
 all, it was vested with power "to make all laws necessary 
 
 General. 
 
 Schouler, 
 Constitu- 
 tional 
 
 Studies, 115- 
 147. 
 
 Financial. 
 
 Commercial. 
 Military. 
 
 Foreign 
 affairs. 
 
 Territorial. 
 
 The " elastic 
 clause." 
 
io8 
 
 The American Federal State 
 
 Separation of 
 the depart- 
 ments. 
 
 Hinsdale, 
 hh 245. 246. 
 
 President's 
 powers. 
 
 Schouler, 
 Constitu- 
 tional 
 
 Studies, 156- 
 168. 
 
 Election. 
 
 Organization 
 and jurisdic- 
 tion. 
 
 and proper for carrying into execution the foregoing powers, 
 and all other powers vested by this Constitution in the gov- 
 ernment of the United States, in any department or officer 
 thereof." This has frequently been called the " elastic 
 clause." 
 
 131. The Executive. — The effort was made to keep the 
 departments separate by making them in no ways respon- 
 sible to each other. Congress had nothing to do with the 
 choice of the President, and it could not control his action 
 except through impeachment. The judges were appointed 
 by the executive, with the consent of the Senate ; but they 
 also were removable only by impeachment. 
 
 In the President was vested the whole executive power. 
 This included power to execute the laws, to command the 
 army and navy, to appoint all important officials, to grant 
 pardons and make treaties, with the concurrence of two- 
 thirds of the Senate, and to attend to all administrative mat- 
 ters. He was to represent the whole United States, and not 
 districts or states, like members of Congress. He was to 
 be chosen by electors, who were selected by the states and 
 were as numerous as the senators and representatives from 
 each state. These electors were to be the most prominent 
 men of the state, and were to use their own judgment in the 
 selection of President and Vice-president. No one, however, 
 was eligible to the office of President or Vice-president 
 unless he was a native born citizen or a naturalized citizen 
 in 1788, at least thirty-five years of age, and fourteen years 
 a resident of the United States. In the performance of his 
 duties, the President was to be aided by officials merely 
 mentioned in the Constitution as heads of departments ; 
 but these men were nothing more than the servants of the 
 President. 
 
 132. The Judiciary. — ^The national judiciary was estab- 
 lished for the trial of those cases, not numerous but impor- 
 tant, that could not from their very nature be properly 
 decided by state tribunals. According to the Constitution, 
 there was to be a Supreme Court and such inferior courts 
 
The Constitution 109 
 
 as Congress should establish. All judges were to be ap- Schouier, 
 pointed for good behavior by the President, \^dth the consent Constitu- 
 of the Senate. The courts were to have jurisdiction in all studies, 169. 
 cases arising under the Constitution, the treaties, or national ^77- 
 laws, in cases affecting our representatives abroad, or dealing 
 with admiralty and maritime jurisdiction. All cases where 
 a state was a party, or between citizens of different states, or 
 between a foreigner and a citizen, were to be tried in these 
 courts. 
 
 133. The Nation and the States. — In the system recog- Relation of 
 nized by the Constitution the nation and the states were *^°* 
 very closely related. The two together formed a whole — Compare 
 each by itself an incomplete part. While they had concur- rt ^zK-^ii 
 rent powers over certain subjects, as a rule the powers were 
 mutually exclusive. The separation of the state and national 242. 
 spheres was accomplished by delegating certain powers to the 
 
 United States government, and prohibiting some of those and 
 some others to the states. Within its own sphere each was 
 supreme ; but in case they overlapped and the two came into 
 conflict, precedence was given to the United States by virtue 
 of the provision that the Constitution, the national laws 
 made in agreement with the same, and the treaties should 
 be the supreme law of the land. The dependence of the 
 nation on the states is shown not only in the need of state 
 law to supplement national law, but in the method of elec- 
 tion of many of its officials. By refusal to enact certain 
 necessary laws the states might interfere with, or even pre- 
 vent the election of senators, representatives, and presiden- 
 tial electors. Since almost no instances of such actions 
 have occurred, it is quite apparent that the states believed 
 they would be the ones injured by an attempt of that kind. 
 
 134. Prohibitions on the States. — x\mong the things pro- 
 hibited to the states were the making of treaties and alh- 
 
 ances with other states and foreign powers. The states Schouler, 
 
 were not allowed to coin money, make paper money, or ^°^^*^^- 
 
 allow paper to be used as legal tender, or pass any law studies, 
 
 impairing the obligation of contracts. The war powers were 148-155- 
 
no 
 
 The American Federal State 
 
 In the Consti- 
 tution and 
 amendments. 
 
 Schouler, 
 ibid., 148- 
 150, 190-197. 
 
 Different 
 views. 
 
 Hinsdale, 
 §§ 241-247. 
 
 V 
 
 expressly limited to repelling invasions ; and they could levy 
 duties only with the consent of Congress and for the national 
 treasury. As with the United States, the granting of titles and 
 passing bills of attainder and ex post facto laws were prohibited. 
 
 135. Prohibitions and Limitations on the United States 
 Government. — Beside the prohibitions placed upon the 
 national government by the Constitution proper are those 
 dealing especially with the rights of individuals in the first 
 nine amendments. The principal constitutional prohibitions 
 deal with duties on exports from the states, ex post facto 
 laws, bills of attainder, and titles of nobiUty ; the principal 
 Umitations with the writ of habeas corpus^ which shall not 
 be suspended except in case of war, with direct taxes, with 
 commerce, and drawing money from the treasury. In the 
 " bill of rights " the citizen is guaranteed immunity from 
 interference by the central government regarding religion, 
 freedom of speech and the press, the keeping of arms, and 
 quartering of soldiers. In criminal cases full provision is 
 made for the fullest rights of the accused j and the ninth 
 amendment declares that " the enumeration in the Consti- 
 tution of certain rights shall not be construed to deny or 
 disparage others retained by the people." _ ___.--^-' 
 
 136. Sources. — Historical writers have found some diffi- 
 culty in agreeing upon the sources from which the Con- 
 stitution was really derived. Years ago there was quite a 
 widespread feehng that a great part of the Constitution was 
 invented by the Convention of 1787; but although some 
 features are now spoken of as "original," practically all 
 beUeve the Constitution is the product of the historical 
 experience of the race, and that the great merit of the 
 Convention was that it did not try to create anything, but 
 adapted institutions already in existence to suit the condi- 
 tions. Yet in determining what institutions were most used, 
 writers have differed widely — one school emphasizing the 
 dependence on EngUsh institutions, the other calling atten- 
 tion to the extent to which preexisting American institutions 
 and ideas were used. 
 
The Constitution III 
 
 "137. English Sources.- — According to the most radical The Consti- 
 
 English view, voiced by Sir Henry Maine, our Constitution ^^*^°^ ^^ 
 
 . /. 1 -r-, • • 1 y-. . • some ways 
 
 IS "m reality a version of the British Constitution." The a copy. 
 
 more moderate view is expressed by Dr. Stevens when he r^j,x\x% in 
 says it is " not a mere imitation," but an " historical devel- winsor, vii, 
 opment from English forms." Taylor expresses much the ^37-246. 
 same idea in the statement that " every American state is a 
 mere reproduction of the central organization of the English 
 Kingdom, with such modifications as have necessarily resulted 
 from the abolition of nobility, feudaUty, and Kingship/^ In 
 speaking of the model of the President, Bryce says the Con- 
 vention " made an enlarged copy of the state governor, or, to 
 put the same thing differently, a reduced and improved copy 
 of the English King." So, that even with those who believe 
 most strongly in the influence of EngHsh sources, the idea of 
 development through colonial sources rather than conscious 
 imitation is uppermost. 
 
 138. American Sources. — Other writers deny that we A purely 
 were so dependent on England, directly or indirectly, ■'^"'^^"can 
 
 ^ . . production. 
 
 They not only call attention to the multitude of instances 
 
 where the Convention made use of institutions existing in ^^^^' '^^-'^S- 
 
 the states before 1787, but urere that many of the ideas of Joi^nston, m 
 
 ' " ° •' New Prince- 
 
 our federal system are purely American. For example, the ton Review, 
 principle of federalism is in nowise EngHsh, neither is the iv (1887), 
 
 jyC ^/ SCO 
 
 idea of a written constitution. They say that England never 
 famished anything like the electoral college or even our 
 Supreme Court, and that our institutions were developed as 
 much from the common stock of political ideas as from 
 those brought over from England. 
 
 The truth- in each ofcJjieseL^arguments must beappar^ntf The truth in 
 It is of course impossible to say how far the colonial ^^^ ^°^* 
 institutions are English, but we do know that there is 
 scarcely a feature of either the Constitution or the national 
 government that cannot be traced to earlier American insti- 
 tutions, while direct conscious imitation of the English 
 system of 1787 played a very small part in the work of the 
 Convention. 
 
112 The American Federal State 
 
 QUESTIONS AND REFERENCES 
 The Work of the Convention (§§ 106-116) 
 
 1. What was the most distinctive feature of the Virginia plan? 
 Compare the essential parts of the Virginia plan, the New Jersey plan, 
 and that of Hamilton. What sections, if any, of the last two were 
 made parts of the Constitution? 
 
 2. What meaning was given to the words national and federal by 
 the people of 1787? Why did the small states especially fear a 
 strong central government? 
 
 3. Did equality of representation in the Senate prove that the 
 states were sovereign? that they were equal in power? Was there 
 any difference between a senator and a delegate to former congresses, 
 or a member of the German Bundesrath to-day as to relation to his 
 "state" and his rights in voting? Discuss fully. 
 
 4. State clearly the conflicting opinions that were harmonized by the 
 compromises. Which side won in each case? Were any of the com- 
 promises unnecessary? Were any of them harmful in our later history? 
 
 5. In what ways are the constitutions of the principal countries 
 amended at the present time ? Was the method of our Constitution 
 considered too flexible or too inflexible in 1 787 ? What is our opinion 
 about that now? 
 
 Ratification (§§ 1 17-120) 
 
 1. Which compromise did most in getting votes for the Constitution? 
 Which compromise stood most in the way of ratification? 
 
 2. Why was the Constitution ratified by conventions instead of state 
 legislatures? Why was it not ratified by popular vote in the states? 
 by a majority popular vote of the people of the nation as a whole ? 
 
 3. As the sphere of the states was different from that under the 
 Confederation, did ratification through the states imply that the new 
 government was not national? What plan of ratification was proposed 
 by the Virginia plan? 
 
 4. Study Henry's argument in the Virginia Convention. Estimate 
 the value of each objection. Have any of his prophecies proved true? 
 
 5. What semi-conditions were attached to the ratifications of Vir- 
 ginia and New York ? Were they legally grounds for withdrawal 
 from the Union? 
 
 6. When did the Confederation cease to exist? why? WTiat in 
 your opinion was the position of North Carolina and Rhode Island 
 before they united with the other states? Were they sovereign, or 
 did their actions prove conclusively that they were not? Why was 
 there "a great political revolution of 1787"? 
 
The Constitution 113 
 
 General Character of the Constitution (§§ 1 21-126) 
 
 a. On the compact theory especially consult Davis, Rise and Fall 
 of the Confederate Government, I, Part II; Stephens, War between 
 the States, I, colloquys III-VI, VIII, IX, XI; Sage (Centz), Republic 
 of Republics, 41-69, 159-270. 
 
 b. Accounts more favorable to the national theory may be found in 
 Johnston on State Sovereignty, in Lalor, III, 788-8CXD; Hare, American 
 Constitutional Law, I, Lectures IV-VII; Hurd, Theory of A^ational 
 Existence, chap. IV. 
 
 1. Select the " national " and the " federal " features of the Consti- 
 tution. Do you think that the United States of 1788 was a Federal 
 State? Apply explanation (§ 12). 
 
 2. Illustrate by example from later history how interpretation by 
 the different departments has given the powers of the national govern- 
 ment broader scope than was first intended. 
 
 3. What is the real value of " checks and balances " ? To what 
 extent are they necessary? What are their disadvantages? 
 
 4. Define the words sovereign and compact. Is the idea of volun- 
 tary agreement necessary to the latter? Was the union of the states 
 voluntary in 1787? 
 
 5. Name all the parts of the Constitution that tend to confirm the 
 compact theory; all that seem to indorse the national theory. 
 
 The Constitution in Outline (§§ 127-138) 
 
 a. On English sources see Bryce (abd. ed.), chaps. II-IV; Taylor, 
 English Constitution, Introduction; and Stevens, Sources of the Con- 
 stitution. On American sources consult Morey, Sources of American 
 Federalism, A. A. A., VI, 197-226; Fisher, Evolution of the Constitu- 
 tion, 105-309; Robinson, Original Features, in A. A. A., I, 203-243. 
 
 1. Study the Constitution and the first amendments carefully. 
 
 2. Make a table comparing on all important points the Articles of 
 Confederation and the Constitution. Consider at the least : objects, 
 form of government, powers of central and state governments, relations 
 to states and individuals and method of amendment. Learn the 
 preamble, ^^^lat was meant by the "people of the United States"? 
 
 3. WTiat are the advantages of a two over a one chambered legis- 
 lature? what of the different methods of representation in Senate and 
 House ? 
 
 4. Why is the power of Congress "to make all laws necessary and 
 proper for carrying into execution the foregoing powers," etc., spoken 
 of as the " elastic clause " ? 
 
114 T^f^^ American Federal State 
 
 5. What difference would it have made with our history if the 
 power of the national courts had been restricted to the laws enacted 
 by Congress? 
 
 6. What is the difference between delegated and reserved powers? 
 between inherent and implied powers ? If a power is " delegated," 
 may any inference be drawn as to a power similar in character but not 
 mentioned? 
 
 7. Classify all provisions of the Constitution or first ten amend- 
 ments that deal with liberty as civil, religious, or political. 
 
 8. Select some one department and try to trace the origin of its 
 different features and powers. 
 
CHAPTER VI 
 
 NATIONALITY AND COLONIALISM (178^1815) 
 General References 
 
 Mace, Method in History ^ 145-184. The meaning of events. 
 
 Johnston, American Politics, chaps. II-VIII. 
 
 Channing, Student's History, 279-368. 
 
 Hart, Formation of the Union, 141-222. 
 
 Walker, Making of the Nation, 73-273. 
 
 Von Hoist, Constitutional History, I, 64-272. 
 
 Curtis, Constitutional History, II, 1-230. 
 
 Larned, under United States. 
 
 Schouler, United States, I-II. 
 
 McMaster, People of the United States, II-III. 
 
 Hildreth, United States, IV-VI. 
 
 Adams, United States. 8 volumes. The highest authority on the sub- 
 jects covered. 
 
 Patten, Political Parties. 
 
 Johnston, in Lalor on Federalists, Democratic-Republicans, Embargo, 
 Bank Controversies, Hartford Convention, etc. 
 
 Taussig, Tariff History. 
 
 Winsor, America, VII. 
 
 Macdonald, Select Documents (1776-1861), 46-207. Texts and notes. 
 
 Lodge's Washington (A. S.), 2 volumes ; Marshall's Washington, 
 5 volumes; Morse's John Adams (A. S.) ; Lodge's Hamilton 
 (A. S.); SxxmxiQX^^ Hamilton ; Morst^s Jefferson {A. ^.); Schou- 
 ler's Jefferson ; Gay's Madison (A. S.) ; Steven's Gallatin (A. S.) ; 
 Pellew's Jay (A. S.); Adams's Randolph (A. S.). 
 
 139. Character of Nationality. — There can be little doubt Nationality 
 that, from the standpoint of our Federal State, the most ^jeans more 
 
 ■^ than a strong 
 
 important political fact of the century after we became central gov- 
 independent is the development of nationality. Another ernment. 
 fact of hardly less importance is the development of democ- 
 racy. It must not be supposed that the terms development 
 
 115 
 
Ii6 
 
 The American Federal State 
 
 Nationality 
 and colonial- 
 ism. 
 
 Cf. Mace, 
 Method, 145- 
 149. 
 
 Cf. Johnston, 
 in Lalor, I, 
 930-936. 
 
 Nationality 
 and democ- 
 racy. 
 
 of nationality and growth of the national government are 
 synonymous. The former includes the latter ; but while a 
 spirit of nationality must sooner or later lead to a strong 
 national government, it means rather a similarity in all 
 social, economic, and political institutions in the different 
 parts of the nation, and a common feehng on the part of 
 all citizens with regard to matters of national concern. In 
 a brief sketch it is, of course, impossible to more than indi- 
 cate some of the steps by which the people of the United 
 States became united ; but an effort will be made to show 
 how this was done by tracing two kinds of changes : first, 
 those directly connected with the national government ; 
 secondly, those produced by alterations in state laws and 
 customs. The importance of the different movements by 
 which the action of the states on the many subjects left to 
 their supervision became more uniform, has been largely 
 overlooked by most of our historians, and the study of the 
 subject is of recent date. 
 
 140. Three Periods of National Development. — For the 
 sake of convenience the development of nationality during 
 the era from 1789 to 1877 will be treated under three heads. 
 The first covers a period of about twenty-five years in which 
 nationality was making a struggle for an existence worthy of 
 the name. The chief obstacles in its path came from past 
 conditions, such as the dependence of the states upon 
 Europe instead of upon each other, the extraordinary 
 strength of particularism, the distinctions in social classes, 
 and the lack of economic independence, which is one of 
 the essentials of national life. The second period begins 
 with the changes following the War of 18 12 and the over- 
 throw of Napoleon. Its most marked characteristic is the 
 growth of a national democratic spirit which breaks away 
 from traditions in every line, and reaches a climax in the 
 two decades following 1830. The third period is that in 
 which the slavery question is most prominent. The terri- 
 torial expansion which led directly to slavery agitation began 
 about 1845, The struggle between free and slave labor to 
 
Nationality a^id Colonialistn iiy 
 
 see which should be made national resulted in the triumph NationaUty 
 of the former, and through war, not only destroyed slavery, ^°^ slavery. 
 but removed the conditions which underlay the slave sys- 
 tem, and came near injuring the rights of states to which 
 slavery had appealed in its extremity. It must not be sup- 
 posed that, because the national era is divided into periods 
 named from the most striking characteristic, each period 
 marks the beginning and close of that movement. For 
 example, we must not imagine that democracy exerted no 
 influence before 1815 or after 1845, but before 181 5 it is 
 less prominent than colonialism, and after 1845 i^ sinks into 
 insignificance before the contest over slavery. 
 
 141. Conditions affecting Nationality (1790). — The most Anti-nationa" 
 important influences that kept the states apart in 1 790 were ^^o^'i^^io^s. 
 particularism, sectionalism, and physical conditions. Except 
 for their interest in the national government and their per- 
 sonal loyalty to the great leader who had been made Presi- 
 dent, the people of the states felt their separateness from 
 each other. The peculiar customs and occupations of 
 colonial times gave way very slowly to new methods. Few 
 persons ever crossed state boundaries so as to enter into 
 sympathy with their neighbors. Sectionalism was an addi- 
 tional disadvantage, especially as gradual emancipation at 
 the North tended to separate the sections more on the 
 slavery question. But it was the antagonism between the 
 commercial and agricultural interests that presented even 
 a graver danger at this time. These tendencies toward 
 separateness could have been easily overcome had there 
 existed railroads and telegraph lines as at present, but means 
 of communication were very imperfect. Even if travelling 
 was not dangerous, it was attended by very great discom- 
 forts. It took three days to get word from New York to 
 Boston, and a month to go from Maine to Georgia by water. 
 
 To counterbalance these anti-national influences were all National 
 of the similarities of race, language, and of religious, social, 
 and political institutions, the common commercial interests, 
 and, most of all, the new central government clothed with 
 
Ii8 
 
 The American Federal State 
 
 The problem 
 of establish- 
 ing the new 
 government. 
 
 English cus- 
 toms followed. 
 Cf. Ford, 
 Amer. Poli- 
 tics, chap. VI. 
 
 The presi- 
 dential suc- 
 
 Cf. Ford, 
 chap. VI. 
 
 Executive 
 departments 
 under the 
 Confedera- 
 tion. 
 
 such power that it could represent the whole country with 
 honor. 
 
 142. Organization of the Government: the President. — 
 
 The new national government was like a great machine 
 which had been carefully constructed, but whose usefulness 
 was yet to be proved. No one knew how well the parts 
 would work together, how much political steam would be 
 required to run it, and whether that much steam could be 
 produced, or whether the machine might not prove so 
 efficient that it would be cast aside by the overcautious 
 people as a menace to the rest of the political system, that 
 is, to the rights of the states and the liberty of the individual. 
 
 That the government proved a success was largely due to 
 the personal popularity of Washington and his judgment 
 both in the selection of advisers and in the choice of poli- 
 cies. He had been chosen unanimously by the electors, and 
 was inaugurated with considerable pomp. He had gone to 
 Congress with a coach and six, had read his speech like an 
 English King addressing a Parliament. The speech had been 
 discussed at length in committee of the whole, and a reply 
 had been framed according to the English custom. Through 
 this speech and the secretaries' reports, the executive had 
 exerted very great influence in legislation; but both the 
 President and the heads of departments had been formally 
 excluded from the floor of Congress. 
 
 Washington might have made our system more like that 
 of England had he chosen to accept office for more than two 
 terms. Even as it was, a custom grew up, like that used in 
 the mother country, of selecting as chief executive the lead- 
 ing party man who had been trained in administrative work 
 and who was the " heir apparent." This custom lasted until 
 supplanted in 1829 by the democratic custom of choosing 
 popular heroes irrespective of training. 
 
 143. The Executive Departments. — It seemed to have 
 been pretty generally understood in the Convention that a 
 large part of the work of the executive should be carried on 
 through departments. During the Revolutionary War and 
 
Nationality and Colonialism 119 
 
 the Confederation, matters pertaining to foreign affairs, 
 finance, and war had been dealt with at first by boards, 
 and after 1781 by heads of departments aided by other 
 officials. After the resignation of Superintendent of Finance 
 Morris, Congress, dreading such efficiency, went back to the 
 board system for the Treasury ; but foreign affairs, war, and 
 the post-office remained in charge of single individuals. 
 
 Abandoning the board system altogether. Congress during Departments 
 the summer of 1789 organized three departments, while the reorganized 
 President was given two other assistants. The departments 
 were those of State, the Treasury, and War; the assistants uniudstates 
 were the Attorney-general and the Postmaster-general. The 1, 93-96. 
 three secretaries and the Attorney-general in time came to waiker, 
 form the President's cabinet, which was, from the character Nation, 88- 
 of our system, essentially different from the English cabinet. ^^ 
 The secretaries could not be members of Congress, and 
 the only times they attempted to speak in either house the 
 effort was unproductive of results. Nevertheless they did, 
 largely through the influence of Hamilton, follow the Enghsh 
 method of making themselves felt in the making of laws ; 
 though as later cabinets contained men of less political 
 force, this influence was largely temporary. 
 
 144. The Congress. — The method of election for mem- Methods of 
 bers of the House shows the lack of uniformity in political ^^^ct^°°- 
 methods prevailing throughout the country. In some states McMaster, 
 
 1 1 J- i • i • .1 . . United states, 
 
 congressmen were chosen by districts, m other states on a j eoo-c;q2 
 general ticket. There was no set day, and in certain locali- 
 
 . , „ , , , ^ , Hart, Union, 
 
 ties the polls were kept open two or three weeks. Even the § 73. 
 ballot was not in use everywhere. 
 
 The House was at first more powerful than the Senate, Organization 
 probably on account of its more popular character and the of the House. 
 importance of financial measures, but the Senate gradually Schouier, 
 made good its claim to a coordinate position. The speaker j^ zo-^S' 
 was chosen as a mere presiding officer, like those in most of 
 the colonial assembUes and the House of Commons ; but 
 after 1790 had the appointment of temporary committees, 
 and later became a party leader. As the amount of business 
 
120 
 
 The American Federal State 
 
 Secret ses- 
 sions of the 
 Senate. 
 
 The judici- 
 ary act 
 (1789). 
 
 Schouler, 
 United States, 
 I, 96-97. 
 
 Cooley, 
 Cons f I Hist., 
 42-52. 
 
 Relative un- 
 importance 
 of the judici- 
 ary. 
 
 Chisholm v. 
 
 Georgia 
 
 (1792). 
 
 Walker, 
 Nation, 127, 
 128. 
 
 was small, the system of standing committees did not come 
 immediately into use, but was gradually developed. 
 
 During the first five years the business of the Senate was 
 transacted behind closed doors, but on many important 
 measures we know that the decision rested on the vote of 
 the Vice-president. 
 
 145. The Judiciary. — The organization of the courts, 
 which by the Constitution had been left to Congress, was 
 part of the work of the first session. A law was passed in 
 September, 1 789, providing for a supreme court, three circuit 
 courts, and a number of district courts, each covering a part 
 or the whole of a state. Six justices were appointed for the 
 Supreme Court. There were no separate circuit judges, but 
 the work of each circuit court was left to two justices of the 
 Supreme Court and the judge of the district in which the 
 session was held. As assistants of the judges, attorneys and 
 marshals were appointed for four years. 
 
 The relative importance attached to the duties of the 
 Supreme Court may be appreciated when we know that 
 before 1801 five appointments to the chief judgeship had 
 been made, two of which were declined, one rejected by 
 the Senate, and two accepted only to be given up later for 
 more attractive offices. In sharp contrast with these changes 
 is the long term of Chief Justice Marshall, from 1801 to 1835, 
 during which he not only estabhshed the claim of the court 
 to a position by the side of the other departments, but gave 
 incalculable strength to the national government. 
 
 In the first important case decided by the court, Chisholm 
 V. Georgia^ in 1792, Justice Iredell had upheld the extreme 
 national theory of the Constitution, and the court had 
 decided that a state might be sued by a citizen in a United 
 States court. This so alarmed the advocates of particularism 
 that the eleventh amendment was proposed and ratified in 
 1798. This was a serious blow to the judiciary and to 
 nationalism as well. 
 
 The lack of discretion with which the Federalists used 
 the powers of the central government during the adminis- 
 
Nationality and Colonialism 121 
 
 tration of Adams (§ 153) produced a widespread belief that 
 the interpretation of the Constitution could not safely be left 
 to the national courts by virtue of their jurisdiction over 
 "cases arising under the Constitution." In consequence, Marburyy. 
 the reasoning of Marshall and the decision in Marbury v. \^ ^^^^ 
 Madison (1803) was of especial moment. The chief justice 
 showed that unless the court could interpret the Consti- 
 tution, and set aside a law conflicting with it, Congress 
 would be unrestrained in the use of legislative power. He 
 applied his argument by declaring unconstitutional a law 
 which would have increased the jurisdiction of the Supreme 
 Court, and thus readily gained acquiescence in the stand 
 taken. 
 
 146. Questions of Policy: Finance. — The most important influence of 
 matters to be decided by the new government in 1 789 were Hamilton. 
 those relating to finance, foreign policy, and the execution Mace, 
 
 of laws. Manual,xs^ 
 
 158. 
 
 In the creation of a system of finance the master mind of 
 
 T-r -1 1 1 • mi r. Macdonald, 
 
 Hamilton was everywhere predommant. The great Secre- Documents, 
 tary of the Treasury had in view three objects: (i) to 46-76,98- 
 establish the national credit on a firm basis; (2) and most 
 important, to strengthen the national authority; and (3) to 
 
 Const I Hist, , 
 
 aid in the industrial development of the country. To this i, 80-105. 
 end he proposed three things : (i) different kinds of taxes ; 
 (2) payment in full of the public debts; (3) the creation 
 of a national bank to assist the government in caring for 
 its business interests. 
 
 147. Revenue. — The first revenue act passed by Congress 
 (1789) was one imposing duties on imports with a view also 
 
 to "the encouragement and protection of manufactures." Customs and 
 After Hamilton made his famous report on manufactures ^^^^^ 
 two years later, this tariff was several times revised, and 
 
 , J . , Walker, 
 
 the duties raised. This revenue was supplemented by the Nation, 84- 
 
 excise upon liquors which was a form of internal revenue ^7. 144-147- 
 
 that brought certain manufacturers into close contact with Johnston, 
 
 the government. These excises caused considerable oppo- ^" Laior, ii, 
 sition, especially in Pennsylvania where the distillers of the 
 
 Von Hoist, 
 
122 
 
 The American Federal State 
 
 Three classes 
 of debt. 
 
 Walker, 
 Nation, 78- 
 81. 
 
 Compromise 
 over assump- 
 tion. 
 
 McMaster, 
 United States, 
 1.579-583- 
 
 Its purpose. 
 
 mountain districts organized what is known as the Whiskey 
 Rebellion. But the new government was as energetic in 
 enforcing its laws as it had been fearless in making them, 
 and this added greatly to its prestige. Later a tax on car- 
 riages (1794) was added, and in 1798 the first direct tax 
 was levied upon slaves, houses, and lands. When the Repub- 
 licans came into power, they repealed the internal revenue 
 laws, to which they had been opposed ; and except for a 
 brief period during the War of 18 12 the sole sources of 
 revenue until the Civil War were customs and the public 
 lands. 
 
 148. The Public Debts. — The second great financial 
 measure dealt with the domestic, foreign, and state debts. 
 Hamilton was anxious to show that the United States always 
 paid its debts in full, so that he might attract the commercial 
 classes to the new government. In order to increase the 
 national power to as great an extent as possible, he also 
 wished to have the government assume the debts incurred 
 by the states during the Revolutionary War. He encountered 
 no serious difficulty in persuading Congress to assume all of 
 the foreign debt and very little in inducing it to pay all domes- 
 tic bonds at their face value ; but the last proposition — the 
 assumption of state debts — was vigorously opposed by those 
 states whose debts were either insignificant or had already 
 been paid. As it happened, these states were largely 
 devoted to agriculture, and were further offended by the 
 secretary's anxiety to please persons interested in commerce. 
 In order to gain enough votes for the measure, Hamilton 
 agreed that several Northern votes should be cast in favor of 
 having the new capital on the Potomac, and this only 
 incensed the Southern agricultural interests the more. 
 While these measures gave the United States a financial 
 standing it has never wholly lost, it may well be questioned 
 whether the country did not pay too high a price for 
 " state assumption." 
 
 149. The National Bank. — To facihtate the transaction 
 of business by the government, and to give the people the 
 
Natio7iality and Colonialism 123 
 
 benefits of a national paper currency, Hamilton in 1 790 pro- 
 posed a national bank upon the model of the Bank of Eng- 
 land. The bill creating such a bank was carried in the face 
 of considerable opposition, which was based upon the sup- 
 posed unconstitutionality of the measure. When it was sent 
 to Washington, he asked the advise of his cabinet upon it. 
 The opinions of Jefferson and Hamilton are especially 
 important, because they definitely formulate views on 
 " strict " and " loose " construction of the Constitution. Jefferson's 
 Jefferson showed that the power to create a bank was not a^ahisMhe 
 among those expressly delegated to Congress. He argued bank, 
 that a bank was not a " necessary and proper" means of Macdonaid 
 carrying out the financial policy of that body, because it Documents, 
 could get along without it; and finally, he declared that ^^^^* 
 if the national legislature could decide what means were 
 "necessary and proper," it would invade the sphere of the 
 states and destroy their rights. 
 
 Hamilton just as unequivocally indorsed the doctrine of Hamilton on 
 " implied powers." He called attention to the fact that the poweir'^ 
 states and the nation have different spheres of action, and 
 
 1 1 TT • 1 o • . .... , Macdonaid, 
 
 that the United States is sovereign withm its own sphere. 81-98. 
 
 He claimed that " implied " as well as " express " powers /q th d - 
 
 were delegated, and showed that the use of an impHed trine, see 
 
 power to supplement an express power could not injure a Channmg 
 
 state if the object for which both were used was one not cuUe, \ 159, 
 
 reserved to the states. He further claimed that " the rela- and Story, 
 
 tion between the measure and the end^ between the nature f^ri^^^' 
 
 of the mean employed toward the execution of a power, §§ 1242- 
 
 and the object of that power, must be the criterion of con- ^^^s.) 
 
 stitutionality, not the more or less of utility." 
 
 Washington accepted the view of Hamilton and signed Doctrine of 
 
 the bill. The legislative and executive departments were ^°^Pj^^ P°Y' 
 ° ^ ers indorsed. 
 
 thus finally committed to the doctrine of " implied powers," 
 at least during the Federalist regime, and in 18 19, when 
 discussing the constitutionality of the second United States 
 bank, the Supreme Court accepted the same view (§ 168, 
 see also § 325). 
 
124 
 
 The American Federal State 
 
 Foreign 
 -dependence. 
 
 Mace, 
 
 Method, 
 
 158-164. 
 
 Proclama- 
 tion of 
 Neutrality 
 
 Macdonald, 
 112-114. 
 
 Disappear- 
 ance of the 
 Anti-federal- 
 ists. 
 
 Followers of 
 
 Jefferson 
 
 organize. 
 
 Johnston, in 
 Lalor, I, 769. 
 
 150. Foreign Affairs. — On account of our isolation, for- 
 eign affairs were much less important than they would have 
 been had our immediate neighbors been powerful. Nev- 
 ertheless, we were dependent upon Europe for so many 
 things that the danger of foreign complications and conse- 
 quent European domination was very grave. We had been 
 saved from French control in 1783 by the independent 
 action of our peace commissioners. In the troublous 
 " Napoleonic " times, which unfortunately coincided very 
 nearly with the first quarter century of our constitutional 
 history, greater difficulties were likely to come up. The 
 first crisis was reached when the war between England and 
 revolutionary France broke out. Though the country was 
 divided into two great camps and feeling ran high, the bold 
 and independent attitude of Washington in the Proclamation 
 of Neutrality (1793) placed us outside of the sphere of 
 European politics. Although this did not reheve us from 
 some forms of European domination, it did more than any- 
 thing else could have done to give us a high international 
 position. The comparative failure of Jay's treaty with 
 England (1794), and the X. Y. Z. Mission in France (1798), 
 must be charged to the condition of Europe, and to the fact 
 that we had not yet risen from the fourth rate nation of the 
 Confederation to a first rate power. 
 
 151. Formation of Parties: the Democratic-Republican. — 
 It is very remarkable that the Anti- federalist party ceased to 
 exist with the adoption of the Constitution. Those persons 
 who had at first been opposed to the new government 
 acquiesced in it, but, as a rule, favored the restriction of its 
 power as much as possible. They naturally allied them- 
 selves with the party that beUeved in the " strict " construc- 
 tion of the Constitution. 
 
 During the first term of Washington there were no well- 
 defined parties ; but the natural antagonism, personal and 
 poHtical, between Hamilton and Jefferson, caused the per- 
 sonal following of those statesmen to take different sides on 
 almost every question that came up. The controversy over 
 
Nationality and Colonialism 125 
 
 the national bank may be said to have placed the parties 
 on a definite footing, the followers of Jefferson holding to a 
 "strict" construction of the Constitution, those of Hamil- 
 ton to a " loose " construction, involving the use of " im- 
 plied " powers. But in addition to their attitude toward the 
 Constitution, the party of Jefferson, or the Democratic- 
 Republicans, adopted the views of their leader on foreign 
 and domestic questions. They wished to have the govern- 
 ment show its sympathy with the French Republicans, and 
 they believed that government should be as far as possible 
 of the people as well as for the people. Since the state 
 governments seemed to be closer to the people than the 
 national government, they wished to restrict the central 
 authority and strengthen that of the locahties. 
 
 152. Federalist Party. — The Federalists disagreed in Views of the 
 every respect with the Democratic-Republicans. They be- Federalists, 
 lieved not only in a strong national government, but thought 
 success could be attained solely through government by the 
 aristocracy, the "well born," and by alHance with the com- 
 mercial classes, while to them democracy meant mob rule. 
 The excesses of the French Revolution increased their ad- 
 miration for the stabiHty of the Enghsh system, so that a 
 deep chasm separated the French and the Enghsh party. 
 
 Undoubtedly party divisions have great disadvantages, and Benefits of 
 were in a sense justly condemned by Washington in his P^^'^^- 
 Farewell Address ; but they have been absolutely necessary 
 to our proper constitutional development, and have exercised 
 the very greatest influence on our history. They have fixed 
 the interests of the people on the government, have edu- 
 cated and organized public sentiment, have carried out popu- 
 lar wishes in the administration of government with little 
 friction or disorder, and by the watchfulness of the " outs " 
 have held the party in power responsible for all its acts. In 
 doing this they have often resorted to vile abuse, have more 
 than once pandered to popular prejudice or ignorance, and 
 have aided materially in developing certain vicious political 
 principles. 
 
126 
 
 The American Federal State 
 
 Anti-foreign 
 laws of the 
 Federalists' 
 (1798). 
 
 Channing, 
 \ 208. 
 
 Macdonald, 
 Documents^ 
 137-148. 
 
 The Republi- 
 can protest. 
 
 Channing, 
 h 209. 
 
 Macdonald, 
 148-160. 
 
 153. The Alien and Sedition Laws. — Although parties did 
 not exist at first, the new government had been run from 
 the beginning on Federahst principles, but the Democratic- 
 Repubhcans had been gradually gaining ground. During 
 the administration of Adams the bold stand of the Fed- 
 eralists regarding foreign affairs won for them such a measure 
 of popular approval that they accepted the verdict of the 
 elections as an indorsement of their whole policy. On this 
 account they proceeded to apply their principles in their 
 most extreme form. The result was the passage of three 
 laws (1798), passed ostensibly to protect the country against 
 foreigners, but quite as much for the purpose of silencing 
 Federahst critics. The Naturalization Act required a resi- 
 dence of fourteen years before a foreigner could become a 
 citizen; the Ahen Act gave the President power to expel 
 ahens whom he considered dangerous to the community; 
 and the Sedition Act provided penalties for those who 
 defamed the government. The day had gone by when such 
 arbitrary government would be peaceably accepted by the 
 people. In the uproar that followed, the power of the na- 
 tional authority must have been greatly weakened, perhaps 
 injured beyond repair, had not the storm spent its force on 
 the Federahst party. This had two good results, — it assured 
 the continued existence of the central government, and it 
 made parties realize that they were the servants of the 
 people. 
 
 154. Virginia and Kentucky Resolutions (i 798-1799) . — 
 Yet it had one influence that in the light of later history was 
 unfortunate. The contest had been changed from one of 
 government and people to one between the Federahsts and 
 the Republicans by organizing the opposition to the Federal- 
 ist poKcy. Jefferson and Madison beheved they could do 
 this most effectively by persuading the state legislatures to 
 protest (1798) against the laws as in excess of the powers 
 conferred upon the central government. These protests are 
 commonly called the Virginia and Kentucky Resolutions. 
 They declare that when the national government exceeds its 
 
Nationality and Colonialism 127 
 
 authority, the laws are of no effect ; and a later resolution 
 (1799) from Kentucky stated that "nullification" was the 
 " rightful remedy." Most of the other states disclaimed the Nullification, 
 right to interpret national laws, but the principle that a state 
 could declare a law of Congress null and void grew till some 
 sections beheved that they should go further than a declara- 
 tion and actually interfere with the execution of that law. 
 
 155. The Revolution of 1800. — In the election of 1800 The disputed 
 the Federalists lost so much ground that the Democratic- P'^^^';^^^";*'^^ 
 RepubUcans had a clear majority in the electoral " college " ; 
 
 ,,,. 11^ ^jr Stanwood, 
 
 but owing to the method then m use each elector voted tor p^,,ici,ncy, 
 two persons, and the one that stood highest was declared 54-73- 
 President, while the one that stood second was Vice-presi- 
 dent. For the first time the electors that year merely regis- 
 tered the vote of their party ; but it happened that the vote 
 was a tie, as Jefferson and Burr had seventy-three each. 
 Jefferson was the real nominee of his party and should have 
 been chosen at once, but according to the Constitution the 
 decision was left to the House of Representatives. After a 
 protracted contest in which the Federalists threw most of 
 their strength to Burr, Jefferson was elected. Soon after 
 a new amendment, the twelfth, was proposed so that the 
 electors designated whether the vote was cast for President 
 or Vice-president. 
 
 The election of Jefferson was marked by many changes Effect of the 
 which were, in the opinion of that leader, sufficient to call Revolution, 
 the election a revolution. Class rule began to disappear. Hart, Union, 
 Repubhcan simpHcity was introduced everywhere. The ? 9 94-97- 
 inaugural presaged a wise and moderate rule with such "^^^^^^^^^^^ 
 alterations only as should give better and more popular 
 government. The internal revenue system was gradually 
 aboUshed, and the strong naval pohcy of Adams's adminis- 
 tration gave place to the " gunboat " scheme. All monarchi- 
 cal tendencies were checked, and a current was created in 
 the opposite direction. 
 
 156. The Purchase of Louisiana. — The first important 
 question that came before Jefferson's administration was 
 
128 
 
 The American Federal State 
 
 Events 
 connected 
 with the 
 purchase. 
 
 Upon 
 
 construction 
 of the 
 Constitution. 
 
 Walker, Na- 
 tion, 180-184. 
 
 Davis, S. M., 
 in A. H. A. 
 
 (1897). 
 151-160. 
 
 Upon the 
 Federalists. 
 
 that of Louisiana. Difficulties over the navigation of the 
 Mississippi had led to the appointment of commissioners to 
 secure the purchase of the Isle d'Orleans so that we should 
 control all of the east bank of the river. While we were 
 negotiating for this strip there came from Napoleon an offer 
 to sell all of Louisiana, which was most unexpected but 
 gladly accepted by the commissioners, the President, and the 
 people. As, however, doubts existed as to the constitution- 
 ality of the purchase, Jefferson recommended a constitu- 
 tional amendment authorizing the acquisition of territory. 
 Before that could even be considered Louisiana came into 
 our possession. 
 
 157. Influence of the Purchase. — The influence of the 
 purchase was very wide-reaching. Even though an amend- 
 ment might legalize such acts, it could not make this par- 
 ticular purchase constitutional. The party which had spent 
 years developing a strict constructionist policy had made a 
 more hberal use of impHed powers than their much abused 
 predecessors. Strangely enough this breach with the past 
 in no wise injured the party strength, for popular approval 
 of the acquisition was so pronounced that the Republicans 
 gained ground everywhere. Consequently, after 1803, strict 
 construction could never mean the same that it had before. 
 
 Upon the Federalists the purchase exerted fully as much 
 influence. They had never recovered from the AHen and 
 Sedition Acts, and from their unpatriotic action in the elec- 
 tion of 1800. As the party out of power, their loose con- 
 struction poHcy had lost most of its force, and was an injury 
 rather than a benefit. The whole trend of society was away 
 from their idea of class rule, and now by the adoption of a 
 liberal interpretation of the Constitution the RepubHcans 
 had taken all the wind out of their sails. Add to this the 
 strenuous opposition to the purchase for narrow sectional 
 reasons, and it is not surprising that the Federalists prac- 
 tically disappeared. 
 
 Only the future could reveal what the effect of the pur- 
 chase would be on later history. There were many who 
 
Nationality and Colonialism 129 
 
 thought our country too large for union without Louisiana, Upon the 
 and beheved that we would break up into a number of sec- ^^^^ °^ 
 
 . nationality, 
 
 tions. In spite of the great system of navigable rivers democracy, 
 
 permeating the Mississippi basin, it was a serious question ^^'^ slavery. 
 
 whether the different parts of the country could be kept in 
 
 touch with each other. The chief danger lay in imperfect 
 
 communication, and in 1803 no means for greatly improved 
 
 transportation had been devised. But if there was doubt as 
 
 to the influence on nationality, there could be none along 
 
 other lines. The most serious difficulties hkely to arise from 
 
 having a powerful neighbor at our very door were removed. 
 
 The democratic movement which was making such progress 
 
 in the West would have room to develop, and real popular 
 
 government was assured as the West was now larger than the 
 
 East. The field left open to slavery w^as increased, but only 
 
 one vertex of the triangle was at the South while the North 
 
 claimed two. 
 
 158. Foreign Domination. — With the exception of the few Humiliation 
 
 years during the Confederation the period of greatest im- oftt'e nation, 
 
 • r ■ rr • -, , . 1805-1811. 
 
 potence m foreign affairs occurred between 1805 and 181 1. 
 
 The abnormal condition of Europe w^as, of course, largely ^J°°^°™^^y' 
 responsible for this foreign domination, for we could not Amer. Hist., 
 separate ourselves from the war conditions which prevailed ^^ 288-295. 
 elsewhere in the civilized world, and consequently had the Hart, Union, 
 choice of submission to indignities or war. The administra- ^^ ^o^-io . 
 tion of Jefferson tried to grapple with the problem by 
 restraining American commerce in order to injure our 
 foreign foes. To do this it was necessary to use national 
 powers nowhere delegated. But embargoes and non-impor- 
 tation acts injured us more than they did either England or 
 France ; while we, duped by both powers, sank to the low^est 
 depths of international degradation. 
 
 159. Nationalist Reaction. — The humiliation of our po- influence of 
 sition appealed so strongly to the younger branch of the ^^^^^^° 
 Republican party, that without fully comparing the insults nationality. 
 we had received from both France and England they 
 brought the government to declare war on the latter. The 
 
130 
 
 The American Federal State 
 
 Walker, 
 Nation, 
 chap. XIII. 
 
 Influence of 
 the West in 
 developing 
 democracy. 
 
 Turner, F. J., 
 
 in report of 
 
 Herbart 
 
 Society, 
 
 V, lo, 28-41. 
 
 war itself was little better than a farce, as England was too 
 much taken up with her contest on the continent to spare 
 many war ships for America, but it was productive of many 
 direct and many more indirect benefits. The indirect re- 
 sults will be considered later. Of the direct results all were 
 favorable to nationaHty. (i) The people were so disgusted 
 with the failures of the previous decade that they united 
 in support of the national wing of the RepubHcan party. 
 (2) The New England Federalists, whose opposition to 
 the war was based on grounds excellent in themselves, but 
 purely sectional, gave their party its death blow when they 
 seemed to be aiming at secession in the Hartford Conven- 
 tion (1814). (3) The humiliation felt at the burning of 
 Washington, and the joy over the victories of Perry, Mac- 
 donough, and Jackson quickened in different ways the 
 national pride. 
 
 160. The Westward Movement. — During this quarter 
 century, from 1790 to 181 5, many of the evidences of colo- 
 niahsm in the states were swept away by the growing de- 
 mocracy. The levelling movement in society and in politics 
 which succeeded the Revolutionary War spent much of its 
 force before 1789, and would have produced but few other 
 radical changes had it not been for the new impulse given 
 by the occupation of the West. 
 
 Frontier settlements are always unfavorable to social and 
 other distinctions. In the great migrations that took place 
 from England to the Atlantic coast most of the prominent 
 class inequalities of the mother country were left behind. 
 The same thing occurred when the country west of the 
 Alleghanies was settled in the years following 1780, for here 
 every one was on the same footing from the first. These 
 conditions so easily estabUshed were preserved largely for 
 the sake of inducing others to come. Universal suffrage, 
 lack of limitations on trade, abundant land, and a more 
 real equality before the law went far to compensate for the 
 rough frontier Hfe, so that immigration was large. Soon the 
 older states, moved both by the spirit of the times and a 
 
Natio7iality and Colonialism 
 
 131 
 
 desire to retain their inhabitants, began to modify their laws 
 stili more. The most important changes in the East came 
 after 1815 : but progress before that date was sure, even if 
 not rapid. 
 
 161. The State Constitutions. — The progress in the states 
 was registered by the constitutions. As it always required 
 considerable agitation to alter the fundamental law of a 
 commonwealth, and as our forefathers were politically more 
 conservative than we, it is readily seen that the three Western 
 states could not at once raise the pohtical level of the whole. 
 Between 1776 and 1790 seventeen new constitutions were 
 adopted besides the adaptation of the charters of Rhode 
 Island and Connecticut. Between 1791 and 181 5 there were 
 but nine, of which only two were in the original thirteen 
 states. Of course, as the constitutions were brief and 
 touched upon few details, many matters might be changed 
 by statute which would now find a place in the constitutions j 
 yet as the most important subjects were regulated by con- 
 stitutional law, this accounts for the few extensions of the 
 franchise and for the failure of the democratic movement to 
 alter state institutions, or to leave a lasting impression upon 
 anything but the statute law. Some progress, however, had 
 been made through the constitutional amendments, some 
 of which had abohshed state aid to church institutions and 
 religious qualifications for office. 
 
 Changes 
 between 1776 
 and 1815. 
 
 Thorpe, 
 Const'l Hist., 
 I, 263-266. 
 
 McMaster, 
 United States, 
 
 V. 375-380. 
 
 QUESTIONS AND REFERENCES 
 The National Era (§§ 139-141) 
 
 1. Compare the degree of nationality in 1790 and to-day by show- 
 ing the difference in power of the central government, and the feeling 
 of the people toward matters of common interest. 
 
 2. Show how state laws and customs have become more uniform. 
 
 3. WTiat are periods of histor)'? ^^^lat is the exact use of dates in 
 marking the beginning and close of such periods? Would our periods 
 of United States histor)' be the same if we were studjdng social history, 
 industrial history, military histor}', literary history? Can you suggest 
 limits for periods in these cases? 
 
132 The American Federal State 
 
 4. Has human progress the last few centuries favored nationality 
 and centralization ? Prove. Which century has aided in this move- 
 ment most? why? 
 
 Organization of the Government (§§ 142-145) 
 
 1. Show what features of the new governmental organization were 
 distinctively English. Did they tend to become more or less so? 
 
 2. What is the difference between the English and the American 
 ideas of a cabinet ? Has the lack of constitutional provision regarding 
 executive officers been a help or a hinderance? What was the most 
 important executive department and why? 
 
 3. What precedents do you find for the Supreme Court as to organi- 
 zation, jurisdiction, or methods? 
 
 Questions of Policy (§§ 146-150) 
 
 a. Different views of Hamilton's policy are given by Lodge in his 
 Hamilton, 84-135, and in Sumner's Hamilton, 144-199. 
 
 1. Did Hamilton fail to secure any one of the objects he sought? 
 Give an estimate of the influence of his financial measures upon the 
 national government. 
 
 2. To what extent have we followed Hamilton's policy in our his- 
 tory? Which taxes proposed by him do we have now? 
 
 3. Should the difference in amount between the Northern and 
 Southern state debts have affected the payment? Was assumption 
 necessary ? was it constitutional ? was it wise ? 
 
 4. What is the difference between strict construction in 1793 and 
 now? Could the constitution have survived without the use of " im' 
 plied powers " ? 
 
 5. Make a brief outline of French history from 1789 to 1802. Was 
 the Proclamation the right or merely the safe course? Does our con- 
 duct of foreign affairs before 1 81 5 show a colonial dependence on 
 Europe or the contrary? 
 
 Political Parties (§§ 151-154) 
 
 a. On the Alien and Sedition Laws, cf. Johnston, in Lalor, I, 56-58; 
 with Ford, Amer. Politics, 109- 114. 
 
 b. For further information on the Virginia and Kentucky Resolu- 
 tions, see Johnston, in Lalor, II, 672-677; Ford, ibid., 1 14-120; Von 
 Hoist, Const' I Hist., I, 142-167. 
 
 I. What is necessary that we may have parties? Would it be desir- 
 
Nationality and Colonialism 133 
 
 able to dispense with national parties if it were possible ? Explain your 
 answer. 
 
 2. To what extent did personal feelings enter into the formation of 
 the first parties? to what extent French issues? constitutional questions? 
 
 3. In what particulars did each party represent the past? the future? 
 
 4. In what respects did the Alien and Sedition Acts fail to conform 
 to repubUcan principles? 
 
 5. Did nullification mean the same in 1798, in 1814, in 1828? 
 State clearly all differences, ^^'llat truth is there in the doctrine? 
 what error? 
 
 6. Give all the reasons you can why the Federalist party went to 
 pieces after 1800. \Yhat part of the work was of permanent value? 
 Was there a " revolution of 1800 "? Give your reasons in full. 
 
 Republican Supremacy (§§ 15 5- 161) 
 
 a. Look up the embargo in Channing, §§ 235-237; Schouler, United 
 States, II, 178-199; Von Hoist, Const' I Hist., I, 200-216; Johnston, in 
 Lalor, II, 80-84. 
 
 1. Show the part played by the navigation of the Mississippi in our 
 history before 1803. What were the boundaries of Louisiana purchase? 
 
 2. Was the purchase of Louisiana constitutional? 
 
 3. If you had been living in 1803, and knew nothing of our later 
 history, what would have appeared to you as the advantages of the 
 purchase? its disadvantages? Consider its effect on the whole coun- 
 try, or sections, on the powers of the central government, as a means 
 of perfecting or injuring union, upon future policies, etc. 
 
 4. Outline European history from 1802 to 18 15. ^^^ly were the 
 British Orders in Council and French decrees issued? Was the 
 embargo a greater injury to America or to Europe? 
 
 5. What objections did New England offer to the war? "VMiat was 
 the purpose of the Hartford Convention? What constitutional amend- 
 ments were proposed by it? Did it favor nullification? secession? 
 
 6. Name all of the events from 1789 to 181 5 which showed a 
 dependence on Europe. Summarize all changes in social, political, 
 and economic conditions during that period. 
 
CHAPTER VII 
 
 NATIONALITY AND DEMOCRACY (1815-1845; 
 General References 
 
 Johnston, American Politics^ chaps. IX-XV. 
 
 Channing, Studenfs History, 367-442. 
 
 Hart, Formation of the Union, 223-262 (to 1829). 
 
 "Wilson, Division and Reunion, 1-115 (from 1829). This is the third 
 volume of the Epochs of American History. It is a little more 
 discursive than Hart's Formation of the Union, but an excellent 
 account. 
 
 Burgess, Middle Period, 1-288. A scholarly book devoted to the politi- 
 cal and constitutional history connected with the national gov- 
 ernment. 
 
 Stanwood, History of the Presidency, 106-225. 
 
 Ford, Rise and Growth of American Politics, 130-216. 
 
 Benton, Thirty Years' View. 
 
 Von Hoist, Constitutional History, I, 302-II, 466, 
 
 Schouler, United States, III-IV. 
 
 McMaster, United States, IV-V (to 1825). Volume V gives quite a 
 little information on democracy. 
 
 Thorpe, Constitutional History, 2 volumes. The best book on democ- 
 racy and constitutional development in the states. 
 
 De Tocqueville, Democracy in the United States (1831). A philo- 
 sophical description of political institutions and of political and 
 social conditions. Very valuable. 
 
 Cleveland, Growth of Democracy, parts of chaps. VIII-XIV. Ex- 
 cellent for reference. 
 
 The following from the American Statesmen Series deal with this 
 period : Sumner's Jackson, Oilman's Monroe, Morse's J. Q. Adams, 
 Schurz's Clay, Lodge's Webster, Von Hoist's Calhoun, Magruder's 
 Marshall, Shepard's Van Buren, McLaughlin's Cass. 
 
 In the American Commonwealth Series, Carr's Missouri, Cooley's 
 Michigan, Browne's Maryland, and Robert's New York deal with 
 certain important phases. 
 
 Lamed, History for Ready Reference. 
 
 134 
 
Nationality and Democracy 135 
 
 Lalor's Cyclopedia, articles by Johnston on Controversies, Tariff, Nul- 
 lification, Bank Controversies, Judiciary, Compromises, IV: by 
 Koerner on Monroe Doctrine, and Knox on Banking in the 
 United States. 
 
 162. The Movement toward Democracy. — Before 1815 the impetus 
 way had been fully prepared for the development of both ^-ar^o^^^Jj^ 
 nationality and democracy, and in the period following the- 
 
 war both advanced with tremendous strides. The war had 
 done two things : it had produced a new set of conditions, 
 and it had awakened a new spirit in the people. The activi- 
 ties of all kinds following the treaty of Ghent (1814) were 
 in marked contrast with the comparative stagnation preced- 
 ing it. Perhaps the most fateful of the new movements was 
 the rapid expansion of the West. Immigration was large, 
 and the territories were rapidly prepared for statehood. 
 Fully abreast with the advanced ideas of the times, the 
 new constitutions were an influence felt all over the coun- 
 try. The East, infused with new life, adopted a series of 
 constitutions that showed the progress democracy had 
 made. Little by little the democratic wave removed the 
 survivals of colonialism. The national and the state govern- 
 ments were transformed, if in any way they failed to respond 
 to democracy ; new poHtical methods were introduced, and 
 different ideas gained ground. The wave reached its height 
 about 1840 in the West, and a little later in the East. It 
 then gradually began to subside as people came to realize 
 that after all democracy was not the panacea for all political 
 ills. But with all its faults, democracy had taught many 
 lessons in the art of self-government, and proved a great 
 aid in the development of nationality. 
 
 163. Economic Changes. — During the early part of the Conditions 
 century, machinery had begun to take the place of hand |^^°g^^ ^° 
 labor in the production of the world's products. The 
 
 change from the old or house plan to the new or factory 
 system began in the United States about 18 10. Soon after 
 the blockade of our coasts by British war vessels made it 
 necessary to manufacture what we had formerly imported. 
 
136 
 
 The American Federal State 
 
 Tariff of 
 
 I8I6. 
 
 Burgess, 
 Middle 
 Period, 8-13. 
 
 Creation of 
 th« second 
 national 
 bank. 
 
 Burgess, 
 ibid., 3-8. 
 
 Johnston, in 
 Lalor, I, 
 aoi-204. 
 
 Army and 
 navy reor- 
 ganization. 
 
 Burgess, 
 ibid., 13-14. 
 
 Settlement 
 of the West. 
 
 As our war with England ended about the time Napoleon 
 was finally expelled from Europe, and as the return to peace 
 conditions was followed by very great production in England, 
 we found our markets flooded with goods imported from 
 abroad. In order to keep our infant industries from being 
 overwhelmed, it was necessary to place restrictions upon 
 competing goods, by the establishment of a higher tariff 
 based on the principle of protection. It is indicative of the 
 national sentiment of the people that the vote on the tariff 
 of 1 8 16 was not sectional, and that strong support of the 
 measure came from the South and West. 
 
 164. The United States Bank. — It must be taken into 
 account that this tariff was passed by the Republican party, 
 now the only one in existence. How far they had deserted 
 their old principles may be seen by other nationalistic meas- 
 ures. The charter creating the bank of 1 791 had expired in 
 181 1, and the bill to recharter it was defeated by a very close 
 vote in both houses ; but the failure of the favorite republi- 
 can devices to meet the demands for money placed the 
 finances of the country in a very bad condition. To assist 
 the government in its difficulty, as well as to bring order out 
 of the financial chaos, a new bank much stronger and more 
 national, withal more democratic than the first one, was pro- 
 posed. The bill creating this was passed without serious 
 opposition. 
 
 About the same time the army and navy were reorganized 
 on a peace footing, and in both cases the party gave up its 
 former opposition to a strong military and naval policy by 
 making them much more efficient than even under the Fed- 
 eralists. 
 
 165. The Westward Movement and Internal Improvements. 
 — The extent of the migration to the West may be judged 
 from the growth of population in that section. In 18 10 
 Ohio had 230,760 inhabitants ; in 1820,581,295. Indiana's 
 population increased during the same decade from 24,520 to 
 147,178; lUinois's from 12,282 to 55,162; Alabama's from 
 about 20,000 to 127,901, and others in the same proper- 
 
Nationality and Democracy 137 
 
 tion. During the six years following the war, six states were 
 admitted, all but Maine being in the West. 
 
 This movement was not entirely unaided by the national internal im- 
 government which sought to unite the East to the West by provements 
 
 1 1 A 1 • • T • by national 
 
 national roads and canals. A begmnmg was made m 1806 government, 
 when money was appropriated for the Cumberland Road, 
 though when (1808) Gallatin suggested his famous scheme §^121,136. 
 of many canals but little had been done, owing to the failure 
 of the surplus. An attempt was now made (18 16) to cre- 
 ate a permanent fund for internal improvements, but failed 
 through the veto of President Madison, who doubted its 
 constitutionaHty. Although much was done later, the oppor- 
 tunity was thus lost to strengthen the national government, 
 and the states were left the construction of the great high- 
 ways which were invaluable before the advent of the railway. 
 
 166. The Missouri Compromises. — At the first there had Slavery and 
 been opposition to the admission of new states, based on ^^^^^. . 
 
 admission 
 
 sectionalism or prejudice. Suggestions had been made in before 1820. 
 the Convention of 1787 that the new states should never 
 outnumber the old ones, but happily it found no favor. In 
 1803 the acquisition of Louisiana territory, and in 181 2 the 
 admission of the state of the same name, were the occasions 
 for threats of secession from New England. But after 181 5 
 the old grounds for opposition disappeared, and the only 
 important issue involved in state admission was that of 
 slavery. Care had been taken to keep a balance between 
 the slave and the free states before that time, but it became 
 much more prominent with the increased westward migra- 
 tion. The importance attached to slavery as an issue in The Com- 
 state admission was clearly brought out in the debate on the P^°"^^^^- 
 petition from Missouri to enter the Union (1818-1820). {°^"f j"'^'^ 
 Tallmadge's amendment to the bill for admission in favor 549-552. 
 of gradual emancipation was the signal for battle. As the Macdonaid. 
 South was more united in its action than the North, the Documents, 
 South was able to control the Senate, but the three-fifths 
 provision left it hopelessly in the minority in the House, ^^^^f^^l^f 
 After the greater part of two sessions of Congress had been 356-381. 
 
138 
 
 The American Fedej^al State 
 
 Burgess, 
 Middle 
 Period, 
 61-103. 
 
 Conflict 
 between 
 nationality 
 and slavery 
 postponed. 
 
 Cf. Burgess, 
 ibid.^ 103- 
 107. 
 
 Its influence 
 in developing 
 nationality. 
 
 Hart, Union, 
 
 §125. 
 
 Channing 
 and Hart, 
 Guide, \ 175. 
 
 taken up over discussions, the deadlock was broken by the 
 compromise that Missouri should be admitted as a slave 
 state with Maine as a free state, while slavery should be 
 "forever prohibited" in other parts of Louisiana territory 
 north of 36° 30'. A second compromise (1821) permitted 
 the entrance into the state of free negroes who were citizens 
 of any other state. 
 
 167. Effect of the Compromises. — - These compromises 
 settled temporarily at least two points of the highest impor- 
 tance : one dealing with constitutional law, the other with 
 political history. First, it was decided that after a state 
 asked for admission Congress could not impose upon it any 
 important condition, but must allow it to decide for itself 
 what its attitude should be on all subjects with which the 
 national government could not afterward interfere within its 
 limits. Second, the contest between nationality and slavery 
 was postponed thirty years, much to the advantage of the 
 former, which was steadily gaining ground. How effectual 
 the settlement of the question was considered is apparent 
 from the fact that parties were not created by the different 
 opinions on the issue of slavery. Thoughtful men, however, 
 realized that in this sectionalism was the great danger to the 
 Union, but believed that while sectionalism would continue 
 to exist, the 36° 30' compromise had made conflict between 
 it and nationality impossible. The great gain to the central 
 government came from the clearer definition of its power to 
 control the public territory which was expressly stated by all 
 of Monroe's cabinet and universally admitted. 
 
 168. The Supreme Court. — The influence of the Supreme 
 Court in developing the power of the national government 
 at this time can hardly be overestimated. The court had 
 adopted a moderate tone, had distinctly excluded political 
 questions as such from its jurisdiction, and had won general 
 approval by its fairness (§381). It was quick to take 
 advantage of the national spirit produced by the war, and 
 to make that spirit a permanent force in the central govern- 
 ment Beginning with 18 16 a series of important decisioiis 
 
Nationality and Democracy 139 
 
 was rendered especially by Chief Justice Marshall and Jus- 
 tice Story. Two of these in 18 16 and 182 1 made good the 
 claim of the court to try on appeal cases begun in state 
 courts but involving national law, even when the state pro- 
 tested against this use of appellate jurisdiction by the 
 Supreme Court. In McCuUoch v. Maryland (1819) Mar- 
 shall sustained the constitutionality of the national bank and 
 denied the right of state to tax one of its branches. In 
 doing this he said that the laws of the United States were 
 supreme within their sphere, and that if a power was dele- 
 gated to the United States government, it might select what 
 means it considered best in the performance of its duty. 
 The same year in the Dartmouth College Case the clause 
 prohibiting the states from passing laws impairing the obHga- 
 tion of contracts was held to apply to the alteration of char- 
 ters granted by the states. These and other decisions of 
 similar character made it possible for the central govern- 
 ment to use its granted powers with greater effect, and acted 
 as a check on the states. The decisions caused consider- 
 able opposition, but their enforcement was not successfully 
 resisted till the famous Cherokee Case in 1831 (§ 176). 
 
 169. Foreign Affairs. — When John Quincy Adams became The Monroe 
 Secretary of State in 181 7, our foreign relations began to octrme. 
 feel the effect of the bolder attitude of the people. The H^rt, Union. 
 most famous instance of the new policy is embodied in 
 what is known as the "Monroe Doctrine." In the years ?^°^^"^^\^ 
 
 ■' in Lalor, II, 
 
 following Waterloo the principal monarchies of Europe had 898-900. 
 formed the Holy Alliance for the suppression of republican Macdonald, 
 doctrines within their own borders and in other states. Documents, 
 When they sought to apply their reactionary principles to ^^ ~^^°' 
 the revolted Spanish-American states, Canning, the prime 
 minister of Great Britain, asked the support of the United 
 States in a protest against this course. After due delibera- 
 tion it was refused, but Monroe in his message to Congress 
 (December, 1823) stated that we intended to take no part 
 in the affairs of European states, and that we should look 
 upon " any attempt on their part to extend their system to 
 
140 
 
 The American Federal State 
 
 Extension of 
 the franchise. 
 
 McMaster, 
 United 
 States, V, 
 380-394. 
 
 Schouler, 
 Const'l 
 Studies, 231- 
 248. 
 
 Other demo- 
 cratic ten- 
 dencies. 
 
 any portion of this hemisphere as dangerous to our peace 
 and safety." He further declared that we should not inter- 
 fere with any other colonies, but that we should consider 
 any effort to reconquer the South American states " as the 
 manifestation of an unfriendly disposition toward the United 
 States." This is, of course, in no respect a principle of 
 international law. It is a statement of American pohcy, 
 which was not at that time construed as placing upon us 
 any obligation for the acts of our Southern neighbors. 
 
 170. Democracy in the States (1815-1830). — Meanwhile 
 a majority of the states had been adopting new constitu- 
 tions. Those of the states in the Northwest were more 
 democratic than the others. They had no qualifications for 
 voters except residence, and required a much briefer resi- 
 dence for state officials than the East or South. The new 
 Southern states had a liberal franchise, but demanded prop- 
 erty qualifications of governors and assemblymen. Among 
 the older states, Maryland had abolished property qualifica- 
 tions for voters in 18 10, and practically all the others limited 
 it to a nominal sum or required only payment of taxes. In 
 its new constitution, New York gave the suffrage (1821) to 
 free negroes, but only in case they owned property. We 
 may judge of the changes in the franchise by comparing 
 the proportion of voters in 1800 with that of 1830. In 
 1800 it is estimated that one hundred and fifty thousand 
 men could vote, or one voter to every thirty- five inhabitants. 
 In 1830 the number of possible voters was over a million 
 and a quarter, or about one in ten. 
 
 The final separation of Church and State took place in 
 New England, beginning with Connecticut in 181 8 and end- 
 ing with Massachusetts in 1833. 
 
 Several other important tendencies are observable between 
 18 1 5 and 1830, due to the influence of democracy. The 
 constitutions are becoming larger and more detailed, requir- 
 ing more frequent revision. The appointment of officials is 
 giving way to elections for short terms. Officials are paid 
 more in money and less in the dignity of their positions. 
 
Natioiiality and Democracy 141 
 
 Bills of rights are taken as a matter of course, more atten- 
 tion being paid to applying them in laws, and finally the 
 states are trying new experiments in legislation, in internal 
 improvements, in banking, and even in loaning money to 
 the agricultural classes. 
 
 171. Party Changes (1820-1845). — As the nation after Separation 
 1820 tended to sink back into the old ruts of particularism, ^ ^^^ 
 
 ■^ Democratic- 
 
 the majority of the only political party in existence returned Republicans 
 to a little stricter construction of the Constitution. This ^"^° ^ *^°'^" 
 
 servative 
 
 attitude was so unacceptable to a powerful mmority that, and a liberal 
 
 under the lead of Clay, they gradually united to form a new ^^i^s- 
 
 party called at first National Repubhcans, and afterward Wilson, 
 
 Whigs. Their cardinal doctrines were internal improve- ^^'^"^°" ^^^ 
 
 ° -^ Reunion, 
 
 ments and protection, both of which they beheved to be ^^^ 9, 10, 55. 
 authorized by the Constitution. Their greatest strength lay Johnston, in 
 in the Northeast, which was the manufacturing district; and Lalor, ill, 
 in the Northwest, which looked to the national government i°°^-i°°8- 
 for aid in developing its territory. As the states began to 
 spend more on roads and canals, and as later the railroads 
 made public expenditures for such purposes less necessary, 
 the Whigs lost ground in the West and were able to carry 
 that section only through the personal popularity of their 
 Western leaders. In consequence, the Whigs never obtained 
 complete control of all departments of the government, and 
 seldom had a majority in Congress. 
 
 172. New Political Methods: Convention System. — We a democratic 
 should naturally expect to find democracy introducing many J^^^j^.^^^^^j^ 
 radical changes in the methods used to gain poHtical ends, 
 
 and such is the case. Not satisfied with being able to pass a l° jo^^^^ii' ^^ 
 
 final decision on men and measures at the polls, it demanded 1040. 
 
 the initiative in poHtical affairs. In doing this a system of stanwood, 
 
 nominating conventions came into use. Formerly the poli- Presidency, 
 ticians already in power had been in the habit of holding a 
 
 caucus for the nomination of its candidates, and this was p°J^^J^f'"^' 
 
 simply political class rule. But as the party out of power chap. xVl. 
 could not do this because it had so few representatives in 
 Congress or the legislature, " outs " or new parties became 
 
142 
 
 The American Federal State 
 
 Dallinger, 
 Nomination 
 for Elective 
 Office, 13-45- 
 
 The cam- 
 paign and 
 the party 
 " machine." 
 
 Ford, Amer. 
 
 Politics, 
 
 144-149. 
 
 New popular 
 interest in 
 the chief 
 executive. 
 
 Mace, 
 
 Manual, 
 
 192-196, 
 
 Ford, Amer. 
 Politics, 
 chap. XV. 
 
 accustomed to having delegates chosen from different coun- 
 ties to state conventions. In 1831 the Anti- masonic move- 
 nient, seeking to perfect its organization, held a national 
 convention. The example was quickly followed by the great 
 parties, which, in many cases, adopted resolutions stating 
 their policy. The latter in time grew into the platform, now 
 an indispensable part of the work of a national convention. 
 
 173. Other Methods. — As each party was bidding for 
 popular support, every effort was made to obtain votes. 
 Two of the most important methods introduced were the 
 campaign and machine organization. In the first, voters 
 were to be attracted by the popular love of display and by 
 " stump speaking." The later presidential elections of 1840 
 and 1844 were the best examples of this. Even more 
 reliance was placed on more perfect party organization. 
 The " machine " was not a new thing, for Tammany Hall 
 had used methods hke those of the present many times 
 since it was formed in 1789, but now the party "boss" 
 became a recognized power in political circles, while federal 
 and state patronage were used to control votes. Bribery 
 was more frequently used, and the wretched system of the 
 open ballot boxes made intimidation of voters and " stuffing" 
 of the boxes not only possible, but quite common. The 
 political products of democracy were as yet of the crudest 
 kind, and it required years to sift out the good and to 
 reject the less perfect. 
 
 174. The Presidency made Democratic. — Strange as it 
 may seem to us now, the presidential elections before 1824 
 were attended with little excitement or even interest. So 
 accustomed had the people become to having their chief 
 magistrate selected for them that they made no effort to 
 overthrow the "Virginia dynasty" and the custom by which 
 the former Secretary of State became President. Such a 
 system would do very well for England or the United States 
 as long as it was satisfied with coloniahsm, but democracy 
 demanded that the President be its representative. The 
 change from the old method to the new may be illustrated 
 
Nationality and Democracy 143 
 
 by comparing the elections of 1820 and 1828. In 1820 
 there was no opposition to President Monroe in spite of the 
 tremendous agitation over the Missouri question, and the 
 vote polled in some states was absurdly hght. In 1828 
 Jackson had been nominated by the people through the 
 legislatures, as the convention had not yet been devised for 
 the purpose. The vote was incomparably greater than in 
 1820, and much more than double that of 1824. In later 
 elections the democratic influences were the predominant 
 ones both in choosing the leader and in deciding the 
 election. 
 
 175. Results of the Change in the Executive. — The trans- President 
 formation of the presidency by bringing the President close ^^^^^ ^^ 
 to the people had two important results. In the first place 
 
 it greatly increased the power of the executive. Our chief ManuaJ* 
 magistrate is not a very powerful official in time of peace, 196-201. 
 and the influence exerted by Washington and Jefferson had 
 been entirely lost by their successors. Jackson, relying on 
 popular support, restored both the power and the influence 
 of the President. He used the veto fearlessly, met Con- 
 gress squarely on the issue of the bank, and then appealed 
 to the masses to justify his actions. In other matters he 
 acted with vigor if not with skill. To him not precedent 
 but the wishes of the people determined the constitution- 
 ality of national law and of executive action. 
 
 In the second place, democracy introduced into the na- The spoils 
 tional government its favorite plan of short terms and rota- ^y^^^"^- 
 tion in office ; in short, representation of the people in the Wilson, 
 administration of affairs. This quickly degenerated into the ^^nion ^" 
 " spoils system, " which has done so much to render all of §§ 14-19. 
 our governments inefficient. Yet it was not only the legiti- 
 mate but the necessary product of democracy. 
 
 176. The Cherokee Case. — Two of the most important Practical 
 
 poHtical questions affecting nationality that came up between ^^i^ifi^*^®"- 
 
 1830 and 1840 dealt directly with the doctrine of nullifica- Von Hoist, 
 
 tion. The first of these originated in an eff'ort of the state t ,^„ ^-o "* 
 
 ° i. 452-4SO' 
 
 of Georgia to control the lands of the Indian tribes within 
 
144 
 
 The American Federal State 
 
 Burgess, 
 
 Middle 
 
 Period, 
 
 2I0-220. 
 
 Protest 
 against tariffs 
 before 1832. 
 
 Burgess, 
 Middle 
 Period, 
 170-182. 
 
 Nullification 
 by South 
 Carolina. 
 
 Mace, 
 
 Manual, 
 
 211-214. 
 
 its borders. During the controversy the legislature passed 
 a law extending the jurisdiction of the state over the terri- 
 tory occupied by the Cherokees. The Cherokees at length 
 appealed to the Supreme Court of the United States, but 
 the writs of error addressed by the court to the state re- 
 quiring the government of Georgia to show cause why cer- 
 tain persons should not be released, were completely ignored. 
 Late in 1831, in the case of Worcester v. Georgia ^ the court 
 declared the Georgia law just mentioned to be null and void. 
 Nevertheless, the state proceeded to enforce the law while 
 President Jackson, whose sympathies were naturally not 
 with the Indians, but who was legally bound to execute 
 the decree of the court, refused to interfere, declaring, it is 
 said, " John Marshall has pronounced his judgment, let him 
 enforce it if he can." This actual nullification by a state 
 of the national law did much to counteract the nationahsm 
 created by previous decisions of the court. Upon the court 
 itself its effect was wide-reaching, and with the death of 
 Marshall in 1835, ^"^^ ^^ increased number of judges in 
 1837, democracy united with states rights to greatly weaken 
 the judiciary. 
 
 177. Nullification of the Tariff. — The results of the tariff 
 of 181 6 were disappointing to the South; and as cotton 
 occupied a less important place in those of 1824 and 1828, 
 many of the Southern states, especially South Carolina, felt 
 themselves distinctly aggrieved by these "sectional laws." 
 Five legislatures protested against the tariff of 1828, and 
 South Carolina adopted Calhoun's " Exposition " declaring 
 that the states because of their sovereignty had the right to 
 veto national laws, and to interpose in order that the central 
 government should be forced " to abandon an unconstitu- 
 tional power." 
 
 As the tariff of 1832 did not remedy the defects pointed 
 out by South Carolina, that state immediately met in con- 
 vention and declared the tariffs of 1828 and 1832 null and 
 void, giving an elaborate argument for the stand taken, and 
 prohibited the payment of duties after February i, 1833. 
 
Nationality and Democracy 145 
 
 Jackson disliked the South Carolina leaders as much as he wiison, 
 
 did the Indians, and assumed an uncompromising attitude, -^^^^-^f^" ««^ 
 
 He declared that the object of the nullifiers was disunion, §§30,31,33. 
 
 and prepared to enforce the laws : but rather than risk a ^ 1, . 
 
 •^ ^ ^ Johnston, in 
 
 conflict, Congress passed a tariff that was avowedly non- Laior, 11, 
 
 protectionist, and South CaroHna repealed its nulhfication i^so-ioss- 
 
 ordinance (1833). It may be questioned whether the state 
 
 had not made good its claim to nullify a law of all the states 
 
 by armed interposition. 
 
 178. Other Political Questions. — While nullification was The Web- 
 trying to oppose the growth of national influence by an ster-Hayne 
 
 r • 1 1 . debate. 
 
 assertion of state rights, the people were given clearer ideas 
 
 of the character and significance of the claims of national ?^^""'°^' 
 
 and state sovereignty in the Webster-Hayne debate (1830). 
 
 y^ ■ , ,1 T,- • • 1 . 1 Wilson, ?3/^., 
 
 Owing to the conditions existing at the time, the represen- xx 3^, 24. 
 tative of New England deserted the old anti-national posi- 
 tion of 1803, 1806, and 1 8 14, coming out squarely for the 
 national theory of the Constitution, which his arguments did 
 much to impress upon the country, especially the North. 
 On the other hand, Hayne now stood for the doctrine of the 
 past, and did much to identify the cause of the South with 
 the idea of state sovereignty and its necessary corollary of a 
 compact between the states. 
 
 Although the United States Bank was the most national The United 
 institution of its day, the opposition of Jackson, which in the ^^^*^^ Bank, 
 end destroyed it, was based not on the fact that it was Wilson, ?3z<f., 
 national, but that it was anti-democratic. Yet his action re- ^'*~'^^* 
 garding the bank helped democracy less than it injured burgess, 
 nationality. In the placing of the deposits with state banks, period, 
 and in the distribution of the surplus Jackson undoubtedly chaps. IX, 
 weakened national authority, as the expenditure of the same 
 sums directly by the central government would not only have 
 given it prestige, but would have led to a fuller and better 
 use of the " impHed " powers than were involved in many 
 cases where he exercised his personal authority. 
 
 179. Influences Favorable to Nationality : the New States. 
 — It is interesting to notice that so far in our history, except 
 
 J. 
 
146 
 
 The American Federal State 
 
 Attitude of 
 the West 
 toward the 
 national 
 government. 
 
 Thorpe, 
 Const' I Hist., 
 I, 264-266. 
 
 Foreigners 
 favored the 
 nation rather 
 than the 
 states. 
 
 in the disputes arising over the navigation of the Mississippi 
 River, all of the tendencies toward disunion and most of 
 those favorable to state sovereignty came from the older 
 commonwealths. The reason for this is evident. The old 
 states looked upon the Union as their creation ; the new ones 
 as their creator. Nearly all of the territory formed into 
 states after 1789 had at some time been under the absolute 
 control of the national government. When these new states 
 were admitted to the Union, the old states apparently had 
 nothing to do with it; Congress passed the enabling act, 
 Congress imposed conditions, if such there were. They had 
 no local traditions, no revolutionary claim to sovereignty, 
 no institutions productive of either particularism or section- 
 alism. They favored a strong national government for for- 
 eign affairs and for internal improvements, and only in the 
 few matters directly antagonistic to their interests did they 
 disapprove of national authority. 
 
 180. Foreign Immigration. — While the interstate migra- 
 tions were breaking down commonwealth Hues in the West, 
 the influx of immigrants from all parts of Europe, espe- 
 cially Great Britain and Germany, was strengthening the na- 
 tional sentiment everywhere. They cared nothing for the 
 states — they had transferred their allegiance to the United 
 States. Their influence began to be felt as early as 1840, 
 but it was only after the great migration following 1848 that 
 they became a positive force in this country. On account 
 of slavery in the South, these immigrants avoided competi- 
 tion with this form of labor, and with few exceptions settled 
 in the North. As they were industrious and thrifty, they 
 increased for that section its very decided advantages in 
 population, wealth, and productive power. Had it been 
 impossible for the United States to assimilate so large a 
 body of foreigners, they would have retained all their old 
 national characteristics of race, language, and customs, — 
 but this was nowhere the case, — and even if the first gen- 
 eration failed to become truly American, it was never so 
 with the second. Directly and indirectly they were there- 
 
Nationality and Democracy 
 
 147 
 
 fore a great help in developing a national sentiment in the 
 North. 
 
 181. Improved Means of Communication. — It is not too 
 much to say that no large representative state can continue 
 to exist with poor means of communication. The invention 
 of the steamboat had helped to solve the problem of com- 
 munication in the West, but the railway has been a much 
 greater unifying factor in our history. It not only has 
 enabled persons to travel with rapidity and ease, but it has 
 created channels for trade which has done much to obliterate 
 state lines in commerce. It has so cheapened the cost 
 of marketing products as almost to revolutionize industry. 
 The first railways were built just before Jackson's inaugura- 
 tion, and by 1840 nearly three thousand miles of line had 
 been completed. From that time on progress was rapid. 
 Following in its steps was the telegraph, which was to bring 
 the remotest parts of the country into immediate communi- 
 cation. With these material advantages it was impossible 
 for separateness and sectionalism to thrive. 
 
 182. Phases of Later Democratic Development (1830- 
 1860). — After 1830 democracy continued to develop, 
 though perhaps less rapidly than in the preceding decade. 
 Its growth did not cease with 1845, has not in fact ceased 
 yet, but after that date it was overshadowed by the conflict 
 concerning slavery. The attempt is made in the following 
 paragraphs to show some of the results reached between 
 the inaugurations of Jackson and Lincoln. It will be noticed 
 that almost all of these belong to the sphere of the states. 
 
 183. Changes in the State Constitutions after 1830. — Dur- 
 ing the period from 1830 to i860 new constitutions were 
 constantly being adopted at the rate of about one a year, 
 and the new constitution of any state was affected almost as 
 much by those recently made by its neighbors as by the one 
 previously in use in that particular state. Practically all of 
 these were proposed by conventions called for the purpose, 
 and were ratified by popular vote. The influence of democ- 
 racy is observable along several lines. The constitutions 
 
 State lines 
 disappearing 
 in commerce. 
 
 Slavery be- 
 comes the 
 important 
 question. 
 
 Constitutions 
 continue to 
 grow demo- 
 cratic. 
 
 Thorpe, 
 Const' I Hist., 
 
 395-435 (esp. 
 419-422), 
 
 445. 446. 
 
148 
 
 The American Federal State 
 
 The gover- 
 nor. 
 
 Schouler, 
 Const I 
 Studies, 267- 
 282. 
 
 The legisla- 
 ture ; compo- 
 sition. 
 
 Schouler, 
 Const' I 
 Studies, 249- 
 265. 
 
 Thorpe, 
 Const' I Hist., 
 408-416. 
 
 Changes in 
 
 legislative 
 
 powers. 
 
 Thorpe, 
 ibid., 11,416- 
 418. 
 
 left less to the discretion of the legislature, and laws that 
 were formerly enacted by that body were now placed in the 
 Constitution, which becomes more like a code of laws. 
 Changes were made in both the central and local govern- 
 ments, which gave the people a better control over the whole 
 system. New constitutional laws recognized the fact that the 
 state must give greater legal rights to its weaker classes, and 
 provide for the education of its youth and the care of its 
 unfortunates. 
 
 184. The State Executive and Legislative Branches. — 
 Most of the eighteenth-century governors and their assist- 
 ants were chosen by legislatures. Before 1830 the practice 
 had become universal to have the governor elected by the 
 people, but the secretaries of state and other administrative 
 officials were still chosen as before. As democracy was 
 naturally opposed to the appointive system, practically all 
 of these assistants of the governor in time came to be 
 selected by the people. 
 
 In the composition and in the powers of the legislatures, 
 democracy produced significant changes. During the early 
 part of the century the members of the upper house usually 
 represented counties and those of the lower towns, but in 
 neither house was the apportionment really based upon 
 population. After many experiments and hard fought con- 
 tests between the cities and the country, they began to 
 divide the states into districts as equal as possible in popu- 
 lation, but it was not until after 1850 that the states finally 
 abandoned the old system and adopted the new and more 
 democratic one. 
 
 Not wilHng to trust even its own representatives, democ- 
 racy introduced into the new constitutions provisions which 
 made special legislation impossible in certain enumerated 
 cases, and forbade all legislation on certain subjects. But 
 it went farther and compelled the legislatures to pass laws 
 and appropriate money to carry out certain provisions of 
 the Constitution. This decline of the legislature in impor- 
 tance gradually led to the adoption of biennial sessions, at 
 
Nationality and Democracy 149 
 
 first of unlimited duration, but later restricted to ninety, 
 sixty, or even forty days. 
 
 185. The Judiciary. — The judiciary did not escape the Popular 
 general movement which made appointive offices elective election and 
 
 11 11 r 1 /-/- • 1 -r-. /- r. 11 terms intro- 
 
 and shortened the terms of the officials. Before 1800 all duced. 
 of the states appointed all judges, state or local, and allowed ^ 
 them to hold office during good behavior. The first judges Laior, 11, 
 to be elected by the people were the justices of the peace, ^43-645- 
 who were either township or county officials, formerly Schouier, 
 appointed by the state governor. In 1802 Ohio placed 202 '^^~ 
 their election in the hands of the voters in the district over 
 which the justice had jurisdiction. The rest of the North- 0,1^^^ 11,458- 
 west did the same as it became settled ; but the South was 476. 
 even slower than the East in adopting this plan. Yet 
 strangely enough it was Georgia that in 18 18 first had her 
 state judges chosen by popular vote, and the South was the 
 first to follow her example. In time most of the states, 
 except those in conservative New England or some parts of 
 the South, changed from the appointive to the elective sys- 
 tem, with tenure varying firom one year to twelve. The 
 popular demand was very strong, and would undoubtedly 
 sooner or later have altered the term of the federal judges, 
 but for the inflexibility of the national constitution. 
 
 The results of these changes are what might have been injury to the 
 expected. The standard of abihty for judges, none too <^o^^^2- 
 high before, was appreciably lowered, as most of the dignity 
 of the office was gone, and as legal fitness was not the first 
 requirement of candidates. This naturally showed itself in 
 the appHcation of the law, but the deteriorating eifect was 
 partially counteracted by the unusually high character of the 
 bar, which has at all times in our history called forth favor- 
 able comments from competent observers. The evil influ- 
 ences of brief tenure were finally realized, and since 1845 
 most of the states that had gone farthest have increased tht' 
 length of the judges' term. 
 
 186. Increased State Activity : Finance. — It is a common- 
 place nowadays that democracies are extravagant. Whatever 
 
ISO 
 
 The American Federal State 
 
 fexrrava- 
 gance of 
 early democ- 
 racy. 
 
 Thorpe, 
 ibid., 11,429- 
 446. 
 
 Financial 
 history of 
 Michigan 
 (1835-1850). 
 
 Cooley, 
 Michigan, 
 chaps. XIII, 
 XIV. 
 
 Develop- 
 ment of 
 public school 
 systems. 
 
 McMaster, 
 United 
 States, V, 
 chap. XLIX. 
 
 they have been since, the first ones certainly were. The 
 great democratic wave of the thirties happened to coincide 
 with a period of the wildest speculation. The result upon 
 the increased expenditure of the Western states may be 
 imagined. Wild cat banks were created by the score, 
 millions of dollars were voted for improvements in a wil- 
 derness, and state aid was given to schemes whose only 
 recommendation was that they promised to develop the 
 country. 
 
 Suppose we take the case of Michigan. In 1837 the state 
 replaced the old method of creating banks through special 
 acts by a more truly democratic one of having incorporation 
 take place under general law. But in the troublous times 
 that followed only the most careful administration of such a 
 law could have saved the state from disaster, and administra- 
 tion is not even now democracy's strong point. At the same 
 session (1837) the legislature "authorized the governor to 
 borrow five millions of dollars for railroads, canals, and other 
 improvements." Quite an investment for a frontier state 
 with a population barely one hundred and fifty thousand in 
 days when official salaries of ^1000 were none too common. 
 A little later the banks were allowed to suspend specie pay- 
 ment, but were permitted to continue issuing paper money. 
 This they did till the state was flooded with the depreciated 
 currency of forty-nine banks. The effort to give state aid 
 to railroads ended in much the same way. It was found 
 almost impossible to float the bonds, and after a series of 
 misfortunes the projected lines were sold at a serious loss. 
 In 1850 the new state constitution prohibited subscription 
 in the stock of any company. Democracy had learned 
 some hard lessons in the school of experience. 
 
 187. Education. — The same causes which gave the people 
 so much power in political affairs were influential in the ex- 
 tension of systems of free education. Not only did people 
 begin to realize that it was necessary for citizens to be trained 
 for their civic duties, but they felt that the state owed every 
 person the opportunity of a good education. Under the 
 
Nationality and Democracy 151 
 
 lead of Mann and Barnard, New England built upon her old 
 foundation of belief in common schools a far more perfect 
 free system than had yet existed. In the West, democracy 
 insisted upon education as a right. As all of these states 
 were once parts of the public domain, each had an educa- 
 tional fund of one section, or after 1848 of two sections, in 
 each township. This greatly lightened the burden of the 
 local school taxes, and thus gave the West decided advan- 
 tages over the East. But it did more. At each schoolhouse The school 
 the voters of the township gathered to discuss school matters f ^^^''^^^ ^"^ 
 
 local govern- 
 
 and fix the school tax. Soon they insisted upon looking after ment. 
 
 other subjects of local interest, and around the schoolhouse Bemis, in 
 
 there grew up a real local self-government which was very J- ^- ^- '^•' 
 favorable to the further spread of democracy. 
 
 188. Equalization of Rights. — It was inevitable that Abolition of 
 sooner or later class privileges should disappear. We have f^^^ P"^' 
 already noticed that rehgious qualifications for the fran- 
 
 chise had been the first to go, and that property was not j^nd Democ- 
 required of voters to any extent. Laws of inheritance no racy, 359- 
 longer gave the eldest son a special share. Imprisonment ^ ^' ^^^^ ^" 
 for debt had been gradually abolished after 1776, and was 
 practically completed in 1840. The newer states were 
 beginning to make homesteads exempt from seizure by 
 creditors. Through constitutional provision or statute some 
 states were following the example of the national govern- 
 ment which in 1840 made ten hours a day's labor for its 
 employees, but most changes of this character came later, 
 after the Civil W^ar. In some cases, the constitutions 
 expressly stated that married women might hold property in 
 their own names, and gave them certain other specific rights 
 before the law and in inheritance. The movement in favor 
 of equalization was almost universal though less pronounced 
 in the older and more conservative sections. 
 
 1 89. Local Government in Towns and Counties. — In Democratic 
 local government the changes produced by democracy made ^ ^ng^s. 
 for both better and worse government; better in that the c'onsn^ht 
 sphere of the cities, towns, and counties was so much more 11, 469-475. 
 
152 
 
 The American Federal State 
 
 Cf. Cleve- 
 land, Democ- 
 racy, 222- 
 227. 
 
 Change to 
 popular rule 
 followed by 
 misgovern- 
 ment. 
 
 Fairlie, in A 
 Municipal 
 Programme, 
 11-17. 
 
 clearly defined and greatly enlarged ; for worse because, 
 especially in the cities, the control of the governmental 
 machinery fell into the hands of those least fitted to run it. 
 
 During colonial times all of the counties had been mere 
 subdivisions of the colonies created for judicial or admin- 
 istrative purposes. Over them the colonial government had 
 absolute control, appointing all officials and changing the 
 boundaries of the counties or the location of the county seat 
 at will. No change had been made in this system by the 
 older states, and the Western ones had adopted the form of 
 local government in use in the states from which its inhab- 
 itants had emigrated, modified to some extent by different 
 economic conditions. But as time went on the new states 
 began to introduce changes which made the local govern- 
 ments much more popular in character. The election of 
 county justices, sheriffs, and other officials was given to the 
 people of the counties. The jurisdiction of the justices was 
 enlarged even when they were township officers, and county 
 courts with still greater powers were often permitted. These 
 changes were by no means confined to the West, though 
 more fully developed in that section. They tended to 
 make the local government not only more democratic, but 
 much more vital. 
 
 190. Municipal Government. — Before 1820 cities were 
 so few and small that little attention was paid to them. 
 There was a complete lack of uniformity in their government, 
 and colonial differences and customs had been continued. 
 However, the mayors and treasurers, police officials and 
 judges were commonly appointed by the state governors. 
 As in everything else, appointment gave place to election 
 and by the people of the municipaUty. This gave them 
 almost complete self-government with very little interference 
 from the legislatures. It was a very excellent application of 
 democratic principles, but, unfortunately, the cities showed 
 most of the faults with few of the excellencies possible in 
 popular rule. In them the " spoils " system was brought near- 
 est perfection, and " boss " rule was most easily developed. 
 
 ■^ 
 
Nationality and Democracy 153 
 
 This demoralizing state of affairs was probably due to two 
 things, (i) The growth of the cities was quite rapid, and 
 a large part of the new population was foreign. xA.s suffrage 
 was universal, and a declared intention to become a citizen 
 often gave an ignorant immigrant a vote, the elections were 
 decided by an element easily led and corrupted. (2) The 
 rapid growth made extensive improvements necessary. 
 This expenditure acted as a temptation to certain of the 
 lower classes to take part in city government, and as the 
 money was expended by these persons, it tended to increase 
 the evils already existing. So democracy in the cities came 
 near being mob rule, till at length the cities appealed to the 
 state legislatures for help. But legislative interference could 
 not undo what was already accomplished, and left the cities 
 with two masters instead of one. 
 
 The beginnings of reaction against the extreme results of Reaction 
 democracy appeared not only in the cities, but all over the gj^^^^g^^g 
 country before i860. There was already a marked tendency forms of 
 to lengthen terms of office, to grant the franchise less freely, democracy 
 
 ° JO J 7 before i860. 
 
 and by checks and devices to protect the people from them- 
 selves. 
 
 QUESTIONS AND REFERENCES 
 The New Nationality (§§ 162-169) 
 
 a. On the Supreme Court consult Johnston's article in Lalor, on the 
 
 * Judiciary ' ; Magruder's Marshall, chap. X ; Willoughby's Supreme 
 Court ; and Charming and Hart's Guide, § 175. The texts of the 
 decisions are given in Thayer's Cases in Consiitutio7ial Law. Con- 
 sult table of cases (p. xi) under those mentioned, and Fletcher v. Peck^ 
 Cohens v. Virginia, Gibbons v. Ogden. 
 
 1. In what ways did the War of 181 2 affect nationality through {a) 
 influencing powers of the national government, {b') making us eco- 
 nomically independent, and (f) unifying public sentiment ? 
 
 2. Was the tariff of 1816 intended to be temporary or permanent ? 
 Was it possible to gain the objects desired by a temporary tariff ? 
 
 3. WTiy was the feeling toward a United States bank different in 
 181 1 and in 1816 ? Was the bank chiefly valuable as a governmental 
 or a nationalizing institution ? 
 
154 ^-^^ American Federal State 
 
 4. What justification do you find in the Constitution for internal 
 improvements ? Have we internal improvements at the present ? If 
 so, what ? 
 
 5. Was slavery principally a political or an economic issue ? Was' 
 slavery more clearly allied to state sovereignty, to sectionalism, or to 
 nationalism ? 
 
 6. Compare the advantages won by each section in the final com- 
 promise. Which side won most ? What were the constitutional 
 results of the compromises ? the political results ? 
 
 7. Just how did the decisions of the Supreme Court strengthen 
 nationality ? Was the court sufficiently conservative ? Would its 
 permanent influence have been greater by following a different pol- 
 icy ? If so, what policy ? 
 
 8. What was the purpose of the Holy Alliance ? What had been 
 done by the Alliance in Europe ? What was the attitude of England 
 toward the Alliance before 1822 ? after 1822 ? What was the relation 
 of the Alliance and Russia in Alaska to the Monroe Doctrine ? 
 
 Political Reorganization on a Democratic Basis (§§ 170-175) 
 
 1. What part has the frontier played in our history ? 
 
 2. Can you find any good reasons for limiting the franchise to men 
 of property ? State advantages and the disadvantages of the union of 
 Church and State. 
 
 3. Did the Missouri question have anything special to do with the 
 reaction in favor of particularism after 1820 ? Prove your answer. 
 Did it affect the new organization of parties ? Compare the Whigs 
 with the Federalists as to constitutional views, policies, social opinions, 
 and section from which strength was derived. 
 
 4. Could political class rule have been abolished except through the 
 convention and " machine " system ? Were the latter to be preferred 
 to the former ? Give reasons for your answer. 
 
 5. With the presidents of most influence, what have been the sources 
 of that influence ? To what extent was it due to their constitutional 
 powers (and to which ones) ? to the feelings of the people ? to party 
 leadership ? etc. 
 
 6. Did the " spoils " system get the strongest hold on the national, the 
 state, or the local government ? State its advantages; its disadvantages. 
 
 Questions affecting Nationality (§§ 176-181) 
 
 a. Macdonald, in his Documents, gives extracts from Webster's and 
 Hayne's speeches on Foot's Resolutions. Benton's Thirty Years* 
 
Nationality and Democracy 155 
 
 View gives a good brief record of the debate. Criticisms of the 
 speeches are given in Lodge's Webster. 
 
 b. Consult on nullification by South Carolina the following: 
 Schouler, IV, 85-1 11 ; Sumner's /ac-^i^i???, chap. X; Von Hoist, Cou' 
 stitutional History^ I, 459-505; Burgess, Middle Period, 220-241; 
 Vow^Ci, Nullification and Secession, chsip.YI; YiowsXoxi, Nullification 
 in South Carolina. 
 
 1. Can the judiciary enforce its decree without the help of the 
 executive ? how ? Why did it not do that in the Cherokee Case ? 
 
 2. Compare the Nullification Act of South Carolina with Jackson's 
 appeal. "Which gives the truer view of the Union ? the correct 
 interpretation of the tariff ? Would it have been better to have 
 fought out the contest at that time ? What was the effect of the 
 compromise ? 
 
 3. What is the difference in principle between the tariffs of 18 16, 
 1828, and 1832 ? in details ? 
 
 4. What was the influence of the new states between 1830 and i860 
 as shown by the number of presidents they furnished, measures pro- 
 posed and carried by them in Congress, and state constitutional changes 
 adopted first by them, and then accepted elsewhere ? 
 
 5. Had the United States Bank failed to establish a " uniform and 
 sound currency," as Jackson claimed? Did the election of 1832 jus- 
 tify Jackson's remark that the bank " might make us tremble for the 
 purity of our elections in times of peace " ? 
 
 6. Compare the race elements of immigrants before 1850; between 
 1850 and i860. Which predominated ? Where did most of the Eng- 
 lish settle ? the Germans ? the Irish ? 
 
 Phases of Later Democratic Development (§§ 182-190) 
 
 a. For the requirements of voters and office-holders compare the 
 tables in Thorpe, Constitutiojial History, II, 408-412, (state senators 
 and representatives) ; 423, 424, (governors) ; 476-479, (electors) ; 
 consult Appendix F and Bradford's Lessons of Popular Government, 
 chap. I. 
 
 1. To what extent was the appointive system retained after 1830 ? 
 Have the liberties of the people ever been threatened by long terms of 
 judges ? 
 
 2. If both houses of the legislature were on the same basis, why 
 was it best to retain both ? Name all the checks you can which were 
 placed by the people upon their representatives. 
 
 3. Did internal improvements belong rather to the states or the 
 
156 
 
 The American Federal State 
 
 nation ? What investments in internal improvements by the states 
 have proved successful ? What ones failures ? Explain why, if pos- 
 sible, in all cases. 
 
 4. To what extent did democracy before i860 produce equality in 
 political and in social matters ? in economic relations ? in other 
 ways ? Did democracy owe more to equality, or equality more to 
 democracy ? 
 
CHAPTER VIII 
 
 NATIONALITY AND SLAVERY (i 845-1 877) 
 General References 
 
 Mace, Method in History, 206-254. To 1865. 
 
 Johnston, Ainerican Politics, chaps. XVI-XXIII. 
 
 Channing, Student^ s History, 443-573. 
 
 'W^Wson, Division and Reunion, 116-287. Excellent. 
 
 Burgess, Middle Period, 39-60, 242-277, 289-474. The most valuable 
 book to 1858. Burgess, Civil War and Reconstruction, (In 
 preparation.) 
 
 Curtis, Constitutional History, II, 191-440. 
 
 Dunning, Civil War and Reconstruction. By far the best book yet 
 published. 
 
 Powell, Nullification and Secession in the United States. 
 
 Macdonald, Select Documents (1776-1865), 343-455. 
 
 Foster, Commentaries on the Constitution, 110-268. 
 
 Lamed, under the United States. 
 
 American Orations, III, IV. 
 
 McPherson, Political History of Reconstruction. Indispensable for 
 reference. 
 
 Hurd, Theory of Our National Existence. 
 
 Schouler, United States, IV-VI. To 1865. 
 
 Rhodes, United States. 4 volumes. To 1865. 
 
 Nicholay and Hay, Abraham Lincoln. 10 volumes. 
 
 Davis, Rise and Fall of the Confederate Government. 2 volumes. 
 Personal accounts of political events. 
 
 Stephens, Constitutional View of the War between the States. 2 vol- 
 umes. 
 
 McCulloch, Men and Measures of Half a Century. 
 
 Blaine, Tzventy Years in Congress. 2 volumes. 
 
 Cox, Three Decades of Federal Legislation. 
 
 Sherman, Recollections of Forty Years. Volume I. 
 
 Johnston, in Lalor, under Principal Topics. 
 
 Among the numerous biographies may be mentioned: Morse's Lin- 
 
 157 
 
158 
 
 The American Federal State 
 
 Conditions 
 in the South 
 favor slavery. 
 
 Slavery 
 absorbs the 
 life of the 
 South. 
 
 Slavery as 
 a state 
 institution. 
 
 coin, 2 volumes ; Brooks's Lincoln ; McLaughlin's Cass ; Lathrop's 
 Seward; Hart's C/za^'^/ yidZ^}^% Stevens ; Lives of Clay, Webster, 
 and Calhoun, as in chap. VII. 
 
 191. Slavery and the South. — -The last period of the 
 national era before 1877 is concerned principally with 
 questions arising out of slavery. This system, which had 
 once been almost universal in this country, had gradually 
 been superseded at the North by free labor. The reasons 
 for this are typographical, economic, and social. Such was 
 the character of soil and climate that the occupations preva- 
 lent in the Northern states could not use slave labor to 
 advantage. The humanitarian sentiment which was the 
 direct outgrowth of the revolutionary ideas concerning the 
 rights of man succeeded in abolishing what little slavery 
 prevailed. At the South, on the contrary, emancipation 
 had made little progress before the invention of the cotton 
 gin (1793), and after that time the demand for slave labor 
 was great and increasing. For these reasons, slavery was 
 almost of necessity anti-national, as it could not hope to 
 regain the North, when a world-wide movement was abol- 
 ishing slavery everywhere else among civilized people. It 
 was therefore sectional, and it gave to the section that had 
 nourished it a peculiar character. It did more than domi- 
 nate the Southern states : it had absorbed the life of the 
 South. We shall see later what the effects of that absorp- 
 tion were; but we find in all matters of a political nature 
 that the South more and more came to look at everything 
 from the standpoint of slavery. All other interests were 
 subordinated to this one till, in politics, the effect of any 
 measure upon slavery was the first and the last thing 
 considered by Southern statesmen. 
 
 192. Slavery in the States before 1845. —It had always 
 been a settled question that in the parts of the Union where 
 slavery existed, slavery was to be left entirely to the states. 
 In the discussions of the convention of 1787, it was never 
 slavery in United States territory that caused dispute. The 
 three-fifths compromise, the provisions for fugitive slaves, 
 
Nationality and Slavery 159 
 
 and the regulation regarding the slave trade were not, in Wilson, 
 a true sense, national questions, i.e. they dealt rather with ^^^"^^'^ ^»^ 
 
 "^ Reunion, 
 
 slavery as a state institution, and sought to place it as far chap. v. n 
 as possible from the control of the central government. In Burgess 
 regard to them Professor Burgess says : " These were most Middle 
 momentous provisions. They secured slave property, ^^^y^' 
 increased slave property, and made slavery a vast political 
 power in the hands of the slave masters. There is no consVi Hist 
 doubt that the clock of the ages was turned back full half 273-339. 
 a century by the constitution of 1787." The influence of 
 these arrangements made by the convention, combined 
 with the increased value of slave labor due to the cotton 
 gin, made slavery the most permanent institution of the 
 South. As a rule, state laws regarding the treatment of 
 slaves became more lenient; but emancipation, which was 
 practically completed at the North by 1800, never received 
 much encouragement. What little feeling in favor of 
 emancipation existed before 1830 in slave states, disap- 
 peared as individuals and classes at the North began agita- 
 tion for the freedom of the slaves. On the other hand, as 
 the antislavery sentiment spread in the non-slaveholding 
 section, the free states enacted laws protesting against the 
 enforcement of the fugitive slave act of 1793, now all but 
 a dead letter. All of these things tended to widen the gulf 
 between the North and the South. 
 
 193. Slavery in National Territory. — Before 1845 slavery Northwest 
 in the territories had been regulated entirely by Congress. ^^*^ South- 
 
 ° J J ^ westtern- 
 
 As early as 1784 Jefferson had sought to have all of our tones. 
 Western lands declared free; but when the proposed Ordi- y^^ j^^j^^ 
 nance of 1784 became the Ordinance of 1787 (§ 100), it ibid.,zj^- 
 was restricted to the territory northwest of the Ohio. To ^°^' 
 give it validity this ordinance was reenacted by the first 
 Congress under the Constitution, and reaffirmed twenty 
 years later when that body v/as petitioned to rescind it. 
 The same Congress (1790) entered into a compact with 
 some of the Southern states not to exclude slavery in the 
 territories south of Kentucky. When we acquired Louisi- 
 
i6o 
 
 The American Federal State 
 
 Louisiana. 
 
 Burgess, 
 <bid., 54-58. 
 
 District of 
 Columbia. 
 
 Burgess, 
 ibid.^ 251- 
 264. 
 
 Slavery 
 drives the 
 sections 
 apart. 
 
 Mace, 
 
 Methods, 
 
 216-219. 
 
 ana, we promised to recognize the right of the inhabitants 
 to their property in slaves. As no further action was taken 
 by Congress, that whole territory was open to slavery before 
 the institution was, in 1820, "forever prohibited" above 
 36° 30'. This compromise was really violated when a strip 
 covering over a thousand square miles was added to 
 Missouri in 1837. 
 
 The District of Columbia had recognized slavery from 
 the first. No effort was made to change this state of affairs 
 till, during the thirties, abolition societies had petitioned 
 Congress to abolish both the slave trade and slavery in the 
 district. No attention was paid to these at first, but the 
 House of Representatives became so annoyed that they fool- 
 ishly denied the right of a petitioner to be heard. Instead 
 of silencing agitation, this gave the abolitionists legal 
 ground to stand on. 
 
 194. Increase of Sectionalism. — While there had been a 
 growing antagonism between the North and the South over 
 the slavery issue, permanent sectionalization did not really 
 begin until after 1830. The Missouri difficulty had caused 
 a fierce but brief conflict, chiefly significant as showing 
 the inevitableness of the contest between freedom and 
 slavery, which it could not decide, but did postpone. 
 With the new antislavery agitation, however, the case was 
 different. The South had already come to identify itself 
 pretty closely with slavery, and viewed all suggestions of 
 emancipation as a serious danger to itself. It proceeded 
 at once to check everything that tended in any way to 
 hinder the growth of slavery and began to look about for 
 new fields in which to develop further. .The opportunity 
 was at hand, for the new state of Texas had established its 
 independence of Mexico, had made slavery one of its insti- 
 tutions, and was anxious to enter the Union. The thought 
 of annexing territory that might give to slavery four new 
 states did much to strengthen the antislavery feeling at 
 the North, and created a widespread opposition to the 
 Mexican War, whose principal result would naturally be to 
 
Nationality and Slavery i6i 
 
 increase the power of a relic of past barbarism. We cannot 
 say that either the North or the South was really to blame 
 for this increase of sectionalism. It was nothing more 
 than an evidence of the fact that no nation can exist with 
 two radically different and antagonistic economic institu- 
 tions side by side; that the Union could not "permanently 
 endure, half slave and half free." 
 
 195. The Compromise of 1850. — As a result of our increase of 
 treaties with England and Mexico, in 1846 and 1848, territory 
 respectively, our national domain was increased by over 
 a million square miles, extending from the ridges of the 
 Rocky Mountains to the Pacific, and covering sixteen 
 degrees of latitude. The northern quarter of this region 
 was, in 1848, organized as Oregon territory, slavery being 
 excluded. 
 
 That same year the discovery of gold in California drew Features of 
 
 to the neighborhood of the Golden Gate a population of *^ compro- 
 
 , IT, , . , . , , mise. 
 over one hundred thousand withm a short period. Natu- 
 rally, few of these were slave owners; and when, therefore, cr ^^^^%^ 
 California applied for admission to the Union, it was as a 
 free state. To the leaders of the slavery extension move- Division and 
 ment this was a serious blow, as California touched the Reunion, 
 southern boundary of the United States. Under the cir- ^~ ^' 
 cumstances, they did the best they could, and agreed, in Joi^^^ston, m 
 
 Lalor, I, 
 
 the Compromise of 1850, to admit California, and abolish 552-553. 
 the slave trade in the District of Columbia, if all the rest ^ 
 
 ' Burgess, 
 
 of the territory acquired from Mexico should be allowed to Middle PeH- 
 
 choose slavery as the parts became states. By the same °'^' 345-364- 
 
 compromise. Congress purchased the claim of Texas, which Macdonaid, 
 
 had refused to be divided, to a large area west of its pres- ^ys-Too" ^' 
 
 ent boundaries, and passed a fugitive slave act much more 
 
 drastic in its methods than that of 1793. 
 
 The enforcement of the fugitive slave act did more to Effect of the 
 
 make the North antislavery than all other political meas- "f^^ fugitive 
 
 ■' ^ slave law. 
 
 ures combined. The sight of negroes, denied the protec- 
 tion of Northern state laws or of an opportunity to prove ^^^^^365-379 
 their freedom, quickened a sense of the injustice of human 
 
1 62 
 
 The American Federal State 
 
 Missouri 
 
 Compromise 
 
 repealed. 
 
 Johnston, in 
 Lalor, II, 
 667-670. 
 
 Macdonald, 
 Documents, 
 395-405. 
 
 Burgess, 
 
 Middle 
 Period, chap. 
 XIX. 
 
 Effect of the 
 repeal. 
 
 The struggle 
 for Kansas. 
 
 Wilson, 
 Division and 
 Reunion, 
 §§91.98. 
 
 bondage, and seemed proof that the South did not intend 
 to stop at any means of fostering slavery. This feeling 
 loosened the ties of affection for the Whig party, whose 
 chief strength lay in the free states, preparing the way for 
 a new reorganization of political parties (§ 537). 
 
 196. The Kansas-Nebraska Bill (1854). — Just at this 
 juncture, democracy came forward with what it believed 
 to be the solution of the slavery question. It said, let the 
 choice of slavery or no-slavery be left to the new states on 
 entrance to the Union. This will be in accordance with 
 the principles of self-government and with natural law, as 
 the system best fitted for the conditions will survive. This 
 certainly seemed reasonable; but, in order to make popu- 
 lar sovereignty possible, the Kansas-Nebraska Bill, in which 
 Douglas embodied these ideas, found it necessary to set 
 aside the Missouri Compromise. To a large part of the 
 North this compromise was as sacred as the Constitution 
 itself, and popular sovereignty was no justification for its 
 repeal. Slavery seemed to have invaded their rights, and 
 the supposed invasion produced a unanimity of antisiavery 
 sentiment almost as great as that for slavery at the South. 
 The Whig party, which had pursued a temporizing policy, 
 gave way to new antisiavery organizations, the larger of 
 which grew into the Republican party. The Democratic 
 party, always strong at the South, was, at the same time, 
 gradually transformed into a pro-slavery body. The elec- 
 tion of 1856 shows how much wider the gulf between the 
 sections had become. In spite of the efforts of politicians, 
 platforms dealt with sectional questions, and the candidates 
 were sectional in their thought, if not in their residence. 
 
 The application of the ideas of popular sovereignty to 
 the case of Kansas was extremely difficult because of civil 
 disorder, but the free state men had the advantages of supe- 
 rior organization and the greater mobility of free labor. 
 The contest was really one-sided, and proved to the South 
 that slavery could not compete with free labor on equal 
 terms. 
 
Nationality and Slavery 163 
 
 197. The Dred Scott Decision. — The final attempt of The Su- 
 slavery to settle the great difficulty to its own satisfaction P^^"^^ Coy^ 
 
 •' 1 decides in 
 
 was made in 1857, when the Supreme Court rendered its favor of 
 decision in the Dred Scott Case. Dred Scott was a negro slavery. 
 slave who had been carried from Missouri to Wisconsin Johnston, in 
 territory (afterward Minnesota), and who, after his return \^^^ ^' 
 to Missouri, had sued for his freedom. The court decided 
 that although Dred Scott had been taken to free soil, on e^^^^^chap. 
 his return to Missouri his status was determined by Mis- xxi. 
 souri law. But Chief Justice Taney and some of his asso- Macdonaid, 
 elates went further. In an elaborate argument the chief Documents, 
 justice gave this opinion: (i) Dred Scott is not a citizen 
 and cannot become so. (2) The central government has 
 no right to acquire or govern territory except as the agent 
 of the states. If it is the agent of all the states, it does 
 not possess unlimited power over the territory, but is limited 
 by the Constitution to protect personal and property rights. 
 He held that the right of property in slaves was one of 
 which no person could be deprived "without due process 
 of law"; that, consequently, "the act of Congress [Mis- 
 souri Compromise] which prohibited a citizen from hold- 
 ing and owning property of this kind in the territory of the 
 United States north of the line therein mentioned [36° 30'], 
 is not warranted by the Constitution, and is therefore void." 
 As this view was indorsed by the majority of the justices 
 in separate opinions, it was accepted as the decision of the 
 court that slavery could not be prohibited by Congress in 
 any of the national territory, and that the exclusion or non- 
 exclusion of slavery must be decided for each state by itself 
 on its entrance to the Union. 
 
 This was essentially a new doctrine, and came as near to The contest 
 declaring slavery national as was possible, on the basis of P^^"^ slavery 
 
 ° ■> ^ ^ ' becomes in- 
 
 " state sovereignty." But it was the view held by a decided evitabie. 
 minority of the nation. The majority not only refused to 
 accept it, but continued to gain greatly in numbers and in 
 determination. The court had done just what it wished to 
 avoid. The chasm between the sections had been widened, 
 
164 
 
 The American Federal State 
 
 Election of 
 i860 leads to 
 secession. 
 
 Channing, 
 
 \h 326-331. 
 
 Johnston, in 
 Lalor, III, 
 693-702. 
 
 Comparative 
 equality of 
 the sections 
 ^.1776). 
 
 the irrepressibility of the conflict between the institution 
 of slavery and the system of free labor was becoming more 
 and more apparent. One step more, and all must see that 
 the Union must become all free or all slave. 
 
 198. Secession. — The election of i860 was the begin- 
 ning of the end. Slavery had rent asunder all of the great 
 national churches some time before, it had caused a split 
 in the Whig party, and, finally, in i860, separated the 
 Democratic party into a northern and a southern wing. The 
 loyalty to the nation and the compromising of the poli- 
 ticians had alone been able to sustain the Union intact. 
 With the election of Lincoln, on a platform favoring the 
 total exclusion of slavery from the territories, the South 
 gave up hope of future success except by secession. South 
 Carolina immediately called a constitutional convention, 
 which, on the 20th of December, i860, repealed the act of 
 1788 ratifying the Constitution of the United States. The 
 reasons given for this action were set forth as follows : the 
 history of the formation of the Union from 1776 to 1790 
 was given to prove the reality of state sovereignty and the 
 compact theory of the Constitution. This compact was 
 said to be violated in two ways : first by the " personal lib- 
 erty " laws of certain enumerated states at the North, which 
 had nullified the fugitive slave acts; and second by the 
 threatened danger to slavery as a state institution in the 
 election of Lincoln. The Gulf states immediately followed 
 South Carolina's example, for the reason that they believed 
 better terms could be made with the North if they were out 
 of the Union. President Buchanan thought secession ille- 
 gal, but denied that he had the right to coerce a state, so 
 nothing was done. Compromise failed, hostilities com- 
 menced, the central Southern states threw in their lot with 
 the South, and the deadly struggle began. 
 
 199. The South and the North in 1776. —The reasons 
 for the final result can perhaps best be shown by 
 comparing the North and the South in 1776 and in 
 1861. 
 
Nationality and Slavery 165 
 
 As has already been stated, slavery had absorbed the 
 life of the South. The significance of this may not be at 
 once apparent. When the colonies had broken away from 
 Great Britain, the states in which slavery was prominent 
 were at least the equals in most respects of the others. All 
 were devoted almost entirely to the pursuit of agriculture. 
 What little commerce there was benefited the South as 
 much as the North, because the agricultural products of the 
 former were better suited to exportation. In the carrying 
 trade, in her local self-government, and in some kinds of 
 manufacture, New England had the advantage of the other 
 sections; but to counterbalance these the South had her 
 large class of slaveholders, whose training and leisure 
 especially fitted them to be the leaders in all national 
 movements. 
 
 200. The South (1776-1861). — Politically, industri- slavery inter- 
 ally, and socially the world had made great strides between ^^^^^ ^^*^ 
 
 _„^_.,^ -1 ri- development 
 
 1776 and i860. The United States was in the van of this of the South, 
 movement. But the character of the development had . , ^ 
 
 been very different at the North and at the South. Slavery industrial 
 
 had gained a stronger hold in the Southern states, so the ^.volution, 
 
 ° <=> chap. XII. 
 
 system of class separation was no less marked 111 1860 than 
 
 in 1776. Democracy, with its ideal of equality, was the cansri^Hist 
 important product of the civilized world during the first i, 340-356. 
 half of this century; but what place could democracy occupy 
 in a section controlled by slavery ? The South had felt the 
 effects of the movement, but had had little part in it. Her 
 politics were dominated in i860, as they were in 1776, by 
 the slaveholding landowners. This made adult manhood 
 suffrage less common and a far less vital force than at the 
 North. In her political methods as well, the South had 
 retained eighteenth-century ways. For example, the South 
 clung to the older theory of state sovereignty, and that the 
 Union was a Staatenbund. As late as i860 South Carolina 
 had chosen her presidential electors through the state legis- 
 lature, and only one of the ordinances of secession was 
 submitted to the voters for ratification. 
 
1 66 
 
 The American Federal State 
 
 Influence of 
 slavery on 
 industry. 
 
 Progress in 
 
 the North 
 (1776-1861). 
 
 Hart, Essays 
 on Gov't, 
 268-278, 
 ^92-298. 
 
 If slavery had exerted an unfavorable influence on society 
 and politics alone, the South might still have hoped for 
 success. But it had been like a huge octopus, which had 
 seized upon everything, and from that had crushed all life. 
 It had prevented popular education, hindered the extension 
 of every means of communication, and, more than all else, 
 had made the development of material resources impos- 
 sible. The South was not less rich in soil or mineral 
 resources than the North, but slave labor could be used 
 only for the coarsest kind of work; yet, at the same time, 
 competition by free labor was not possible. On this 
 account agriculture was the only occupation in 1861, as in 
 1776; and this agriculture meant cultivation on a large 
 scale, with crude and wasteful methods. Manufacture, 
 which required skilled labor, was out of the question, as 
 the slave could not be depended upon, and free labor 
 shunned the South. Internal trade under the conditions 
 was very limited. The case of the South was what scien- 
 tists would call one of "arrested development," and its 
 chief cause was slavery. 
 
 201. Advantages of the North over the South. — How 
 different was the situation at the North. Here change had 
 been rapid and increasing. Democracy had played havoc 
 with the old social limitations and political restrictions. 
 In every line of activity progress had been made from the 
 simple to the complex. Free labor filled all things with 
 life and vigor. There was every possible inducement for 
 inventive genius, personal industry, and industrial manage- 
 ment. This was productive of a spirit scorned by the South 
 because of its petty commercial character, which had the 
 marked disadvantage of withdrawing the ablest minds from 
 the political arena. 
 
 All of these conditions were attractive to a numerous class 
 of Europeans, to whom the reactionist regime after 181 5 
 left no hope at home. They flocked to our shores in 
 thousands. Before 1861 five million had come, about 
 one-half during the previous ten years. Other things 
 
Nationality and Slavery 167 
 
 being equal, they would have turned the scales in favor of 
 nationality and freedom. The way the North had out- 
 stripped the South is apparent from a comparison of the 
 two sections. 
 
 In 1790 the population was the same, and the free states had five Population 
 more congressmen. By 1810 the North had 300,000 more people, and con- 
 while its majority in the House was twenty-five. In 1840 the popula- gressmen 
 tion of the South was seven and one-third millions, that of the North (^790-i86o). 
 nine and three-fourths. In the House the South had 100 represen- 
 tatives, the North, 142. By i860 the North had seven millions more 
 people and two-thirds of the members of the lower house. 
 
 When the first census was taken in 1790, we find the sections have Comparison 
 almost exactly the same area, about 400,000 square miles, and a differ- of the 
 ence of but seven thousand in population. The exports were a trifle sections 
 over eight and a half millions at the South, and about a hundred ^^ ^79^' 
 thousand less at the North. 
 
 In i860 the area of states allowing slavery was 875,743 square miles Comparison 
 to 768,255 square miles for those that were free; but the white popu- in i860, 
 lation of the North was 19,000,000, and of the South and the border 
 states less than 8,000,000. The exports of the South were 1^230,000,000 to 
 ^105,000,000 for the North, but cotton alone amounted to ;^ 19 1,000,000. 
 In imports, the North had ^5^3 3 1,000,000 to balance ^^31,000,000 for 
 the South. Its banking business was seven times as large as that of 
 the slave states; even its farm lands were worth nearly three times 
 as much, and the total estimated value of property at the South was 
 less than five and a half billions, including slaves worth nearly three 
 biUions, while the property of the North was valued at eleven bill- 
 ions. In manufacturing a still greater difference existed, for the free 
 states produced just ten times as much as the states that seceded, and 
 the manufactures of New York alone exceeded those of all the slave 
 states by a hundred millions. 
 
 202. The Situation in 1861. — Nevertheless, the situation Dangers 
 of the national government in 1861 was a precarious one. threatening 
 The South had practically controlled all of the departments. (1861). 
 The North did not fully realize how much in earnest the 
 South was. Commercialism tended to create a spirit of 
 indifference. The disputes over the character of the 
 Federal Union made it necessary to use authority with 
 caution. Our credit was poorer than it had been in years, 
 
i68 
 
 The American Federal State 
 
 Slavery the 
 chief cause 
 of failure. 
 
 Cf. Wilson, 
 Division and 
 Reunion, \\ 
 119-123. 
 
 War 
 increases 
 nationality 
 and destroys 
 state sover- 
 eignty. 
 
 and the fear that the Union might be dissolved almost 
 destroyed it. Europe looked with favor upon the South, 
 with whose leaders the governing classes were more in 
 sympathy. But the same energy that had made the North 
 what it was, proved itself able to deal with the situation. 
 The nation responded nobly to the call for troops, the 
 banks threw in their lot with the Union, the government 
 created an army and navy, its authority gathering momen- 
 tum as the war progressed. Meanwhile industry and com- 
 merce, instead of being absorbed by the war, were stimulated 
 by it. The vast strength of a system of free labor was equal 
 to the emergency. 
 
 203. The Failure of Secession. — The reasons why slavery 
 failed to set up a Confederate government of its own are 
 two kinds. The cause of most importance is, of course, 
 slavery itself, for it showed its weakness in those very par- 
 ticulars in which the free system was so strong. Perhaps 
 the greatest of the minor causes was the failure of the 
 South to carry with it the border slave states. Less impor- 
 tant was the inability to secure European recognition. The 
 South had military and political leaders of great ability; 
 she fought nobly on her own soil with the tremendous 
 advantage of inside lines. She exhausted her resources of 
 men and materials, using every device of absolute rule, but 
 to no purpose. Slavery, to which she had given herself 
 body and soul, had made defeat inevitable. But the defeat 
 meant the release of the South from a bondage worse than 
 that of the slave. 
 
 The failure of secession was accompanied by a corre- 
 sponding increase of nationality. This was principally 
 due to two things: (i) The outburst of national feeling, 
 whose primary object was the preservation of the Union. 
 (2) The increase of national authority, made necessary in 
 the prosecution of the war, and intensified by the complete 
 victory of the Union forces. 
 
 This new nationality in the period of reconstruction 
 destroyed every vestige of secession as a legal right, and 
 
Nationality and Slavery 
 
 169 
 
 its underlying principle, state sovereignty. In fact, 
 nothing that had espoused the cause of slavery escaped 
 uninjured m the terrible holocaust. 
 
 204. The Constitution during the Civil War. — During 
 this crisis it is interesting to notice the attitude of the gov- 
 ernment to the written Constitution, and of the depart- 
 ments to each other. A question of first importance came 
 up when it was asked whether the disorder in the seceded 
 states constituted an insurrection or a rebellion. The gov- 
 ernment made an attempt to treat it as an insurrection, but 
 the acts of Britain and France, recognizing the belligerency 
 of the Confederacy, and acts of the national government 
 itself, such as that establishing a blockade, made this 
 theory untenable. Another question was how far the con- 
 stitutional guarantees of private rights were compatible 
 with a necessary use of the military powers of the Presi- 
 dent. Where insurrection or rebellion actually existed, the 
 conclusion must be that military law is superior even to the 
 Constitution. A good example of this is the famous Eman- 
 cipation Proclamation, by which citizens of the seceded 
 states were deprived of their property "without due process 
 of law." We must further conclude that in parts of the 
 country where there is disaffection without disorder, the 
 President must be allowed to use his discretion. The at- 
 tempt of the Supreme Court to restrain President Lincoln 
 from suspending the writ of habeas corpus in Maryland 
 was a complete failure, and showed that the court must 
 not attempt to interpret the Constitution as it would 
 in times of peace, unless it wishes to destroy its own 
 influence. Later, however, the decision in the Milligan 
 Case (1866) supported the claim which is likely to be 
 recognized in the future, except in extreme cases, namely, 
 that the military courts must not try to supplant the civil 
 courts where the latter are being held. Yet it will proba- 
 bly be the rule that the judiciary will not attempt to 
 interpret the Constitution for the President, who in 
 times of war must be a sort of dictator, even though he 
 
 A few viola- 
 tions on the 
 ground of 
 public 
 necessity. 
 
 Johnston, in 
 Lalor, II, 
 432-434. 
 
 Dunning, 
 Civil War 
 and Recon- 
 struction, 
 1-62. 
 
 Tiedeman, 
 Unwritten 
 
 Const, of 
 U. S., 83-9Q 
 
i^o 
 
 The American Federal State 
 
 The problem 
 of recon- 
 struction. 
 
 Five theories 
 as to the 
 status. 
 
 Dunning, 
 Reconstruc- 
 tion, 99-112. 
 
 may not receive the full support of Congress, as Lincoln 
 did. 
 
 205. Reconstruction. — The reconstruction period was 
 much more productive of changes in the written and the 
 unwritten constitutions than the Civil War had been. The 
 time of our statesmen was largely devoted to the compli- 
 cated problems to which the peculiar condition of the 
 seceded states gave rise, or which grew out of the duty of 
 the government to the negroes just freed by the thirteenth 
 amendment. The magnitude of these problems was 
 unquestioned, but, unlike many difficulties we have encoun- 
 tered, the solution could not be left for some indefinite 
 future time. It was necessary to take action at once, to 
 map out a policy comprehensive enough to cover all ques- 
 tions, closely in touch with the spirit of the period, yet not 
 inconsistent with our previous history. 
 
 206. Status of Seceded States. — The greatest legal diffi- 
 culties were presented by the questions : what was the status 
 of the seceded states? were they in the Union or out of the 
 Union? To admit that they were out of the Union would 
 have been to acknowledge the right of secession, the suc- 
 cess of secession, or both. If it was claimed that they 
 were in the Union, there was no reconstruction problem, 
 only need of restoration to their normal condition. While 
 a direct answer to this question was seldom given, several 
 theories were developed, soon after 1865, presenting dif- 
 ferent points of view. The Southern and the presidential theo- 
 ries agreed that the states were still parts of the Union, but 
 out of their constitutional relations to the central govern- 
 ment. They stated that restoration should take place through 
 action of the people of each state, under limitations pre- 
 scribed according to the first by those people; according to 
 the second by the President. Charles Sumner held the 
 theory that when a state tries to secede, it commits suicide 
 as a state, that it thereby loses all organization as a local 
 political society, and becomes merely a part of the territory 
 of the Union, under its control in regard to local, as well 
 
Nationality and Slavery 171 
 
 as national affairs, i.e, the states reverted to the condition 
 of territories. Thaddeus Stevens went further, and in the 
 conquered province theory advocated the view that the South 
 was not even in the condition of territories; that it was a 
 conquered district. He therefore proposed wholesale con- 
 fiscation and appropriation of land to negroes. As none of 
 these theories was acceptable to moderate men, the theory 
 of forfeited rights came to be the basis of final reconstruc- 
 tion. It held that the people of the states had forfeited 
 their rights by attempted secession, and that those rights 
 could be restored to them only on the fulfilment of certain 
 conditions. The judge of what the conditions should be, 
 and when they had been fulfilled, was Congress, because 
 Congress was instructed by the Constitution to guarantee to 
 each state a republican form of government. ; 
 
 207. Plans of Restoration. — President Lincoln and his Lincoln's 
 successor, President Johnson, were anxious to have the ^ndjohn- 
 
 •' son s plans. 
 
 seceded states restored to their constitutional relations as 
 soon as possible. To this end they used their power as Laior iii^^ 
 commanders-in-chief to grant amnesties and pardons, and, 541 et seg. 
 in addition, declared that when a state government had Dunning, 
 been formed by loyal voters equal to one-tenth of the whole Reconstmc- 
 number of voters in i860, they would recognize such a gov- ^ ' ' ^ 
 ernment and declare the state fully restored. Lincoln's 
 death left the application of this plan to Johnson, who 
 attempted to carry it out. But he reckoned without his 
 host, for Congress objected to the doctrine that restoration 
 was to be through the President, and proceeded to take 
 full charge of all Southern affairs. 
 
 208. Negro Legislation. — Instead of dealing at the first Freedmen's 
 directly with problems of reconstruction proper, Congress bureau Bills. 
 contented itself with the care of the freedmen. A bureau Wilson, 
 
 ,,, , .. r.irj i'i • Divisio7i and 
 
 for the care and supervision of the freedmen, which was m ^gunion 
 
 the beginning considered temporary, was, in 1866, renewed k 127. 
 
 with greatly enlarged powers. The President objected on Johnston, in 
 
 the ground that the bureau was suited only to war condi- Laior, 11 1, 
 
 tions, and that as Congress did not represent the Southern ^'^ ^^'^' 
 
1/2 
 
 The American Federal State 
 
 Dunning, 
 ibid., 87-91. 
 
 Civil Rights 
 Bill. 
 
 Dunning, 
 ibid,, 91-99. 
 
 Five military 
 districts. 
 
 Wilson, 
 Division and 
 Reunion, 
 \\ 128-131. 
 
 Johnston, in 
 Lalor, III, 
 
 551-554. 
 
 Dunning, 
 ibid., 136- 
 148 ; 176 et 
 seq. 
 
 States, it was an unconstitutional body. A little later a 
 similar bill was passed over the President's veto. This was 
 followed by the much more radical Civil Rights Bill. The 
 undoubted purpose of the act was to protect the negroes 
 from the discriminating legislation of the Southern legisla- 
 tures, which sought to reestablish a form of serfdom. To 
 do this, it made the negroes citizens, and declared that 
 they had the rights of citizens to hold property, sue and be 
 sued, to give testimony, and of equal protection of the 
 laws. Elaborate provision was made for the proper enforce- 
 ment of the measure by national authority. The bill was 
 promptly vetoed by Johnson, but as promptly passed over the 
 veto. In order to place these rights beyond the power of 
 future congresses, the fourteenth amendment was soon after 
 proposed, not only making the negro a citizen, but bringing 
 pressure to bear upon the states to grant him the franchise. 
 209. Military Reconstruction. — Congress then devoted 
 itself to the problem of reconstruction. It had by this time 
 thoroughly broken with the President, and did everything 
 in its power to injure him. In the military reconstruction 
 bills (1867), the whole subject was left to Congress or to the 
 general of the army. The South was to be divided into 
 five military districts, each under the control of a military 
 commander with almost absolute power. Under the super- 
 vision of this commander, a registration was to be made of 
 all male persons of voting age, except those disqualified by 
 participation in rebellion. A state constitutional convention 
 was to be chosen by these registered voters, the fourteenth 
 amendment was to be ratified, and no registered voters were 
 to be disfranchised. If the constitution met with the 
 approval of these voters in the states and of Congress, the 
 state was to be considered a full memb&r of the Union. 
 Under these acts military reconstruction was completed in 
 all of the states except Tennessee, which had been "read- 
 mitted" in 1866, and in Texas, Mississippi, Virginia, and 
 Georgia, which were obliged to pass the fifteenth amend- 
 ment, also, as a condition of "readmission." 
 
Nationality a^id Slavery 173 
 
 210. Impeachment of President Johnson. — Ever since Conflict 
 the passage of the second Freedmen's Bureau Bill the ^etween 
 
 ■^ ° . Johnson and 
 
 executive and legislative branches had been getting more congress. 
 and more out of sympathy with each other. Congress 33^^^^^ 
 proceeded to pass all important measures over the veto ibid., 253- 
 with unfailing regularity. But it did more. It (1867) ^^• 
 arranged its sessions so that they should be practically con- 
 tinuous, took from the President the powers of issuing gen- 
 eral proclamations of pardon, of suspending the writ of 
 habeas corpus, and of removing officials. It virtually placed 
 control of the army in the hands of General Grant. The 
 President could retaliate only by denouncing Congress, 
 which he did in most intemperate language. He attempted 
 to ignore the Tenure of Office Act, which had taken from 
 him the power to remove national executive officials; but 
 by that succeeded in arousing Congress to such a pitch that 
 articles of impeachment were brought against him by the impeach- 
 House of Representatives. The charges, of which there i^entcharges 
 
 ^ _ . . and tnal. 
 
 were eleven, were principally of a political nature, and 
 
 party feeling ran so high that the danger of conviction was ^-^^^^^fl 
 
 very great. After a long trial the Senate voted (35 to 19) 303. 
 
 that the President was guilty of the principal charge brought Johnston, in 
 
 against him. As a two-thirds majority had not been Laior, ii, 
 
 obtained, most of the other charges were dropped. 4244- 
 
 211. Effect of the Verdict on Impeachment. — The acquit- Prevented 
 tal of Johnson had been due to the belief, on the part of gJJ^^^^^.^ 
 certain leaders in the Senate, that conviction would greatly nation to 
 damage our constitutional system by leading to the perma- Congress. 
 nent subordination of the executive to the legislative branch. 
 
 The truth of that belief is only too apparent when we come 
 to consider the relation of the two departments during the 
 next twenty years. While the President's chair was occu- 
 pied most of the time by men respected and trusted by 
 Congress, the executive was almost without authority and 
 influence. What the effect would have been had Johnson 
 been removed from office by political passion, it is impos- 
 sible to say. There can, however, be no uncertainty that 
 
174 
 
 The American Federal State 
 
 The XIII 
 
 Amendment 
 
 (i86s). 
 
 The XIV 
 
 Amendment 
 
 (1868). 
 
 The XV 
 
 Amendment 
 
 (1870). 
 
 the executive demoralization that must have followed the 
 elevation of a reconstruction leader to the chief magistracy, 
 coupled with the moral effect of conviction on both depart- 
 ments, would have produced a radical change in our system 
 of government, perhaps for better, probably for worse. 
 
 212. The Amendments ; Provisions. — The changes in the 
 written Constitution were embodied in three amendments, — 
 the thirteenth, fourteenth, and fifteenth. The first had been 
 proposed by Congress February i, 1865, and abolished 
 slavery in every part of the Union. It was declared ratified 
 December 18 of the same year. The fourteenth amend- 
 ment did for the Civil Rights Bill what the thirteenth had 
 done for the Emancipation Proclamation, but it covered 
 other subjects. All persons born or naturalized in the 
 United States, and subject to its jurisdiction, were declared 
 to be citizens of both the United States and of the state in 
 which they resided. No citizen of the United States was 
 to have his privileges or immunities abridged by the states, 
 "nor should any person be deprived of life, liberty, or 
 property without due process of law." If a state attempted 
 to cut off any class of adult male citizens from the franchise, 
 it was to lose a proportional number of representatives in 
 the lower house. The validity of the United States debt 
 was not to be questioned, but all Southern state debts 
 incurred during the war were declared illegal. The amend- 
 ment was proposed in 1866, and was proclaimed a part of 
 the Constitution in July, 1868. The next year Congress 
 proposed, in the fifteenth amendment, that "the right of 
 citizens of the United States to vote shall not be denied or 
 abridged by the United States or by any state, on account 
 of race, color, or previous condition of servitude." As 
 with the other amendments. Congress was to have power to 
 enforce it by appropriate legislation. On March 30, 1870, 
 ratification was completed and changes in the written 
 Constitution ceased. 
 
 213. The Supreme Court on Reconstruction Questions. — 
 By its interpretation of the reconstruction acts and of the 
 
Nationality and Slavery 
 
 175 
 
 amendments, the Supreme Court played a very important 
 part in the history of this time. In Texas v. White (1868) 
 the court declared that there was an " indestructible Union of 
 indestructible states"; that no state had lost its statehood, 
 but that, nevertheless, when a state is out of its ordinary 
 relations to the nation, Congress had the power to restore 
 it to its proper position. 
 
 In the Slaughter House Cases (1873) and in the Civil 
 Rights Cases (1883) the court gave its construction of the 
 first clause of the fourteenth amendment. In the former, 
 attention was called to the fact that the privileges of a 
 citizen of the United States are different from the privi- 
 leges of the citizen of a state, and that the purpose of the 
 amendment was to keep the states from infringing upon the 
 privileges of United States citizens, not at all to regulate 
 the rights of citizens of a state as affected by state laws. 
 By this decision the court failed to nationalize civil rights 
 as it might easily have done, but carefully protected the 
 rights of the states from the aggressions of Congress. 
 
 In the Civil Rights Cases the law of Congress (1875) 
 prohibiting any discrimination by railroads, innkeepers, 
 and others, on account of color, was held to be in excess 
 of the powers of Congress, because the civil rights dealt 
 with by the act were rights of citizens of the states. 
 
 While the court limited itself to a strict construction of 
 the fourteenth amendment, it made use of the doctrine of 
 implied powers in regard to paper money. The first deci- 
 sion (1870) was that the issuing of paper money (1862, 
 1863, §601) was a war measure, not justified in times of 
 peace. In the Legal Tender Cases (1872, and again 1884) 
 the court reversed its decision, and recognized the right of 
 Congress to issue "greenbacks " at its own discretion. The 
 general influence of these opinions on the relations of the 
 states to the nation, and on the powers of Congress, was 
 almost inestimable. 
 
 214. The Aftermath of Reconstruction. — After the se- 
 ceded states had been "readmitted," there was left to them 
 
 Texas v. 
 
 White 
 (1868). 
 
 Dunning, 
 Reconstruc- 
 tion, 133-135. 
 
 The Slaugh- 
 ter House 
 Cases (1873). 
 Cf. §^ 248- 
 249. 
 
 Civil Rights 
 Cases (1883). 
 
 Cases 
 affecting 
 United 
 States notes. 
 
 Knox, U.S. 
 Notes, 156- 
 166. 
 
 " Carpet- 
 bag" govern- 
 ment. 
 
1/6 
 
 The American Federal State 
 
 Johnston, in 
 Lalor, III, 
 554-556. 
 
 Disorder and 
 the force acts. 
 
 Wilson, 
 Division 
 and Reunion, 
 
 hh 134. 135. 
 
 Johnston, in 
 Lalor, II, 
 680-682. 
 
 The electoral 
 
 commission 
 
 (1877). 
 
 Johnston, in 
 Lalor, II, 
 50-53. 
 
 the great difficulties of reorganizing their state govern- 
 ments. In the formation of the new constitutions, the 
 negroes had been allowed to vote according to the pro- 
 visions of the Reconstruction Acts. For a majority of the 
 states, the control of political affairs remained for several 
 years in the hands of freedmen, without training or capac- 
 ity for governing, and frequently led by white adventurers, 
 more capable perhaps, but less scrupulous than themselves. 
 The result was misrule, scarcely equalled in extravagance 
 or corruption by our large cities during their worst periods 
 of bad government. In a short time several of the states 
 found themselves burdened with debts of ^40,000,000 each. 
 
 To such government the better classes refused to submit. 
 By methods similar to those employed by the famous " Ku 
 Klux," by intimidation and fraud, the whites often suc- 
 ceeded in gaining possession of the government or in set- 
 ting up a rival organization. In these serious civil disputes, 
 Congress sought to protect its new citizens by the use of 
 national authority, applied in " force " acts, but it was not 
 successful in maintaining order. 
 
 This state of affairs came near causing a crisis in the 
 presidential election of 1876. Two sets of returns were 
 sent in by Louisiana, South Carolina, and Florida. As 
 Congress was unwilling to give the president of the Senate 
 discretion as to which he should count (twelfth amend- 
 ment), it finally agreed to create an "electoral commis- 
 sion," composed of five senators, five representatives, and 
 five justices of the Supreme Court. The decision of this 
 commission was, fortunately, accepted by all parties, and 
 a serious danger averted. 
 
 QUESTIONS AND REFERENCES 
 
 Slavery before 1845 (§§ 191-194) 
 
 a. Compare the accounts on slavery given by Von Hoist, Constitu- 
 tional History, I, 302-339; Burgess, Middle Period, chap. Ill; Rhodes, 
 United States, I, chap. I; Draper, Civil JVar,Yo\. 1; Gxt&ioy, Ameri- 
 can Conflict, \, 49 et seq. 
 
Nationality and Slavery 177 
 
 1. Under what conditions would slavery have been favorable to 
 nationality ? Were there any instances in our history when slavery 
 was not sectional ? 
 
 2. Show clearly whether the " clock of ages was turned back full 
 half a century by the Constitution of 1787," and why. 
 
 3. Write an outline sketch of the history of emancipation in Eu- 
 rope and in European colonies during the nineteenth century. 
 
 4. Had there been any doubt in 1787 and in 1820 as to the right 
 of Congress to prohibit slavery in the territories ? 
 
 5. Make a table showing the action of Congress regarding slavery 
 in the public domain from 1787 to 1862. Compare areas closed to 
 or left open to slavery. 
 
 6. Was there more, or less, nationality in the United States in 1845 
 than in 1 825 ? why ? 
 
 Slavery in the Territories (§§ 195-197) 
 
 a. Study Webster's "Seventh of March Speech" (1850) in Ameri- 
 can Orations, III. Notice what statements called forth especial com- 
 ment. For that comment consult notes on the speech, Lodge's Webster, 
 Burgess's Middle Period, Rhodes's United States, etc. 
 
 b. Read the " Dred Scott " decision in Thayer's Cases in Constitu- 
 tional Law and the extracts from opinions in Macdonald's Documents. 
 The best short account is in Burgess. Consult Rhodes for views of 
 North and South at the time, Douglas's confession in his debate with 
 Lincoln (Vol. II), and conflicting views in the Charleston convention 
 of i860. 
 
 1. Did the measures included in the Compromise of 1850 give a vic- 
 tory to the North or to the South ? 
 
 2. Just what is meant by " popular sovereignty " ? Did the Com- 
 promise of 1850 repeal that of 1820 ? So long as the state of Mis- 
 souri was no longer under the control of Congress, what moral right 
 had that body to repeal the Missouri Compromise ? Has Congress a 
 right to pass irrepealable laws ? Give your reasons in full. Was the 
 repeal of the Missouri Compromise a political mistake ? 
 
 3. Which was more in conformity with our customs and our institu- 
 tions, popular sovereignty or territorial government by Congress ? If 
 the slavery question was to be left to the territories, why not follow 
 Chase's suggestion, and leave them complete self-government ? 
 
 4. Compare the opinion of Taney with the dissenting opinion of 
 Curtis. Which gives the stronger argument on the question of negro 
 citizenship ? Do you approve Taney's position on the relation of the 
 nation to " Missouri territory " ? 
 
 N 
 
178 The American Federal State 
 
 5. What was the effect of the decision, and what would have been 
 the effect had Curtis's position been upheld upon (a) slavery in the 
 territories, (J?) slavery in the free states, {c) slavery in the slave states, 
 and (t/) sentiment in the North and the South ? 
 
 6. Was the decision dangerous to the North ? Was it approved by 
 Douglas and the Northern Democrats ? Was compromise between the 
 North and South possible after the decision ? 
 
 SecesBion and Civil "War (§§ 198-204) 
 
 a. For the difference between the slave and free states consult Help- 
 er's Impending Crisis^ chaps. I, VIII; Von Hoist's Constitutional His- 
 tory, I, 240-256; Wright's Industrial Evolution of the United States ^ 
 chap. XII; Hart's " Why the South failed in the Civil War," in Practi- 
 cal Essays on Government. 
 
 1. What is secession ? State the difference between nullification 
 and secession. Is either based upon the national theory of the Con- 
 stitution ? Why was the Constitution silent on the subject ? What is 
 the difference between state rights and state sovereignty ? 
 
 2. Could anything but slavery have caused secession ? Show clearly 
 how it led to secession. Can you imagine that the North might have 
 seceded ? If so, under what conditions, and on what constitutional 
 grounds ? 
 
 3. How far had the North controlled the central government from 
 1830 to i860 ? how far had the South ? Was the victory of the Re- 
 publican party a menace to slavery in the states ? (Study carefully 
 Republican platform, views of leaders, etc.) 
 
 4. Compare the constitution of the Confederate states with that of 
 the United States. In what do they differ principally ? Were the 
 states more nearly sovereign in the former ? Compare the Confed- 
 eracy with the Union in population, size of army and navy, finances, 
 dependence on outside countries for war necessaries. 
 
 5. What " war powers " were exercised by the President ? Which 
 ones were unconstitutional ? which ones extra-constitutional ? Is there 
 a "law higher than the Constitution," judged by the events from 1850 
 to 1865 ? judged by the "presidential dictatorship " ? 
 
 Reconstruction (§§ 205-214) 
 
 a. On the impeachment of Johnson consult Sherman's Recollec- 
 tions, I, 413-432, and Blaine's Twenty Years in Congress, II, 341-384, 
 on the one hand, and Cox's Three Decades, 578-594, Ross, E. G., in 
 Scribner's, XI (1892), 519-524, on the other. Consider the view of 
 
Nationality and Slavery 179 
 
 Chadsey in his Struggle between President Johnson and Congress, 
 chap. VI. 
 
 1. How were the negroes treated in the South in 1866 ? What 
 new principles did the Civil Rights Bill incorporate into our system ? 
 Why was it immediately followed by the fourteenth amendment ? 
 
 2. How did the military reconstruction bills invade the sphere of 
 duties and powers heretofore exercised by the state governments ? 
 Did Congress have the right to reimpose conditions on the states 
 before they were recognized as members of the Union ? 
 
 3. Did the changes of the Civil War and the reconstruction period 
 amount to a revolution ? for what reason ? 
 
 4. Make a complete comparison of the Emancipation Proclamation 
 and the thirteenth amendment; of the Civil Rights Bill and fourteenth 
 amendment. 
 
 5. Make a careful study of the first paragraph of the fourteenth 
 amendment. Had there been a United States citizenship before 1868 ? 
 If so, in what respects was it different from that after 1868 ? Did Con- 
 gress intend to nationalize civil rights by this clause ? What advan- 
 tages have we derived from the interpretation placed upon it by the 
 Supreme Court in the Slaughter House Cases ? what disadvantages ? 
 
 6. Was the electoral commission constitutional ? What was its 
 chief duty ? Would it have been a success in Mexico ? in France ? 
 Can the difficulties of 1877 recur ? Is the principle of the electoral 
 count bill (1887) wise ? (§ 333.) 
 
CHAPTER IX 
 THE NEW NATION 
 General References 
 
 Johnston, American Politics, XXIV-XXVII. 
 
 Channing, Student's History, 573-603. 
 
 Montgomery, Studenfs History of the United States, 485-542. 
 
 Wilson, Division and Reunion (to 1 889), 273-299. 
 
 Viii^t, Industrial Evolution of the United States, 159-352. The best 
 brief account of economic changes since i860. 
 
 Cleveland, Growth of Democracy. 
 
 Carnegie, Triumphant Democracy, 
 
 Boutwell, The Constitution at the End of the First Century. Under 
 an analysis of the Constitution gives the construction placed upon 
 the more important clauses by the Supreme Court. 
 
 Tiedeman, Unwritten Constitution of the United States. A very sug- 
 gestive little book. 
 
 Personal accounts of Cox, Sherman, McCuUoch, and Blaine, as in last 
 chapter. 
 
 Appleton's Annual Cyclopedia (1865- ). A storehouse of facts 
 and documents. 
 
 Cyclopedic Review of Current History (1890- ). The best con- 
 tinuous contemporary narrative. 
 
 Durand, "Political and Municipal Legislation" (1895-1899), in 
 A. A. A. 
 
 Whitten, "Political and Municipal Legislation" (1899- ), in 
 A. A. A. 
 
 Dunning et al., " Review of Current Events," in each volume of 
 P. S. Q. 
 
 Stimson, " Economic and Social Legislation," in Yale Revieiv. 
 
 Shaw, " Current Topics," monthly, in R. of R. 
 
 Summary of Legislation by States, published by the New York State 
 Library yearly since 1890. 
 
 Current periodicals. Consult periodical indexes under titles United 
 States, Corporations, Railways, Legislation, Suffrage, Strikes, etc. 
 
 180 
 
The New Nation i8i 
 
 315. Economic Conditions before the Civil War. — All of New national 
 
 our wars have been productive of great changes, not alone conditions 
 
 produced by 
 
 in our political life, but in the life of the people and con- the war. 
 ditions affecting their occupations. The results of the 
 Civil War were necessarily more important than those of 
 smaller conflicts, and the reorganization following its close 
 was not confined to political and social lines, but entered 
 into commerce, industry, and other every-day affairs. 
 Everywhere, and all the time, this reorganization tended 
 to produce a stronger national feeling and a new national 
 life. 
 
 In ante-bellum days the country was still largely devoted Ante-bellum 
 to agriculture. Manufacturing was on the increase, but no conditions 
 
 - ... - . , , , unfavorable 
 
 Single plant involved very great capital or commanded an to industry 
 extensive market. Few of the railroads crossed from one or commerce 
 state to another, although there was even then a marked °^^^ 
 tendency toward consolidating several small roads into one 
 large one. There was almost no national currency, most 
 of the coins in use bearing a German or a Spanish-Ameri- 
 can stamp; and the bills in use were issued by state banks, 
 so that they were subject to great discount outside of that 
 state. All of these things hampered the production and 
 transportation of goods on a large scale. 
 
 216. Economic Conditions after the War. — How different All condi- 
 
 was the situation after the war ! The state banks had been V°^^ ^\^^^ 
 
 mdustnal 
 
 compelled to withdraw their bills from circulation because development 
 
 of the prohibitory tax of ten per cent placed upon them 
 
 by the central government. The country was flooded with 
 
 greenbacks, of which four hundred and fifty million dollars' 
 
 worth had been printed and paid out by the United States, 
 
 and with national bank bills. Gold and silver were no 
 
 longer used in ordinary transactions, as a paper dollar was 
 
 legally as valuable as one of silver, though actually worth 
 
 much less. Consequently, prices were high, speculation 
 
 was becoming more common, and large investments of 
 
 capital were constantly being made. The construction of 
 
 a transcontinental railway is evidence of the new spirit 
 
l82 
 
 The American Federal State 
 
 Statistics 
 showing 
 growth from 
 i860 to 1910. 
 
 Wright, 
 Industrial 
 Evolution, 
 159-188. 
 
 Bogart, 
 Econ. Hist, 
 of U.S., 
 
 317-337. 
 373-418. 
 
 Formation 
 of great 
 corporations. 
 
 of the business world. Manufacturing had been stimulated 
 by the need of providing our troops with necessaries, and 
 in procuring materials for the prosecution of military cam- 
 paigns. When peace came, conditions were most favor- 
 able to manufacturing; for, during the war, it had been 
 necessary to raise revenue by taxes on articles produced in 
 this country, and in order to protect home industry from 
 too great foreign competition, the duties on goods imported 
 had been raised to correspond. So great was the opposi- 
 tion to the internal taxes that they were now removed as 
 quickly as possible, but no change was made in the duties. 
 This assured sufficient protection to warrant the investment 
 of still more money in industry. It was customary to form 
 companies, incorporated under state law; but the sale of 
 stock in these corporations was not confined to a single 
 state, nor were their products sold within as limited an area 
 as formerly. 
 
 217. Development of Industry and Commerce. — Some 
 idea of the tremendous internal development of this coun- 
 try since i860 may be obtained by comparing statis- 
 tics of that year with those of later dates. In i860 the 
 amount of capital invested in manufacturing was almost 
 exactly ^1,000,000,000, and the value of the product was 
 less than ;^ 2, 000,000,000. In 1905 the capital used in man- 
 ufacturing, exclusive of the neighborhood industries and 
 hand trades, amounted to $12,686,265,673, and the value of 
 the products was $14,802,147,087. Our commerce within 
 the United States has increased in much the same ratio. In 
 i860 our 30,000 miles of track received scarcely $275,000,- 
 000 for transporting freights. In 1880, with 85,000 miles 
 operated, the gross receipts from this important branch were 
 $467,748,928. In 1909 we had 230,000 miles of line, rep- 
 resenting an investment of $14,000,000,000 and earning 
 nearly $2,500,000,000 a year, nearly three-fourths of which 
 came from freight. 
 
 We cannot expect that this increase of business was 
 accompanied by no new methods. For our purpose, it 
 
The New Nation 183 
 
 will be sufficient to call attention to the great consolidation 
 of capital which has made possible production or transpor- 
 tation on a large scale. This is no new thing. It has been 
 going on all the time, but it has been more rapid since the 
 Civil War, and especially rapid during the last two or three 
 years. Before i860 the largest railroad in the country 
 boasted less than 1000 miles of track. Now eight systems 
 control 70 per cent of the railway mileage of the United 
 States. Before the Civil War large corporations were un- 
 known. Now we have one billion-dollar trust, and about 
 300 others control three-fifths of all the capital engaged in 
 industry. 
 
 218. The Control of Railroads. — These economic changes Need of 
 have been the most characteristic feature of the new nation, control. 
 The control of the corporations which have grown up at the 
 same time has proved to be a serious problem to both the 
 state and the national governments. Many of them are of 
 such a character that they either have special privileges 
 conferred upon them by law, or have a monopoly of the 
 trade in their line, in spite of legislation. 
 
 Since the railroads were the first corporations of impor- state raii- 
 tance, state railway commissions were organized as early as ^^^ ^°"^" 
 
 _ „, . p. . , missions. 
 
 1870. They were given power to fix rates and make regu- 
 lations; but before long they encountered difficulties ^^v^^^'v 
 because the railroads ran into other states. Attempting to Transporta- 
 control the portion of the railroad outside of the state, ^^^'^i 134-145 
 their acts were reviewed by the United States Supreme 
 Court, which declared them unconstitutional on the ground 
 that only the central government could regulate interstate 
 commerce. Soon after, the recognized need of such inter- 
 state control led Congress to pass the Interstate Commerce interstate 
 Act (1887). The purpose of this measure was threefold: ^°!!!!^f/J?L 
 
 \ ' f r r commission 
 
 (i) to see that rates are reasonable; (2) to prevent a rail- (1887). 
 road from charging one person more than another for the Das Passes, 
 same service, or from asking more for a shorter distance Interstate 
 than for a longer one; and (3) to prevent combinations of ^^^ 
 railroads for the purpose of "pooling" profits. In order 
 
1 84 
 
 The American Federal State 
 
 Government 
 interference 
 in strikes 
 (1877, 1894). 
 
 Wright, 
 
 Industrial 
 
 Evolution, 
 
 301-306, 
 
 313-317- 
 
 State law 
 regarding 
 incorpora- 
 tion and 
 control. 
 
 Whitten, 
 Trend of 
 Legislation, 
 415-419. 
 
 National 
 anti-trust law 
 of 1890. 
 
 that this law might not be a dead letter, an interstate com- 
 merce commission of five members was appointed, with 
 power to hear and decide disputes, and call upon the 
 national courts to enforce its decisions. 
 
 In cases of strikes, the state and national governments 
 are often asked to interfere. The great railway strike of 
 1877 was productive of great disorder, which ceased when 
 the United States troops were sent by the President, at the 
 request of state governors. During the railway strike of 
 1894, the state militia was used in many places, and the 
 regulars were sent to Illinois to protect national property 
 and the United States mails, in spite of the protest of the 
 state executive. 
 
 219. Regulations for Industrial Corporations. — It is 
 surprising how many provisions dealing with industrial 
 regulation have been inserted in recent constitutions, and 
 what a large part of state legislation has been devoted to 
 this subject. Incorporation always takes place under gen- 
 eral laws, and most constitutions specify that charters may 
 be amended or revoked at the wish of the legislature. 
 Attempts are made to protect the public by fixing the indi- 
 vidual responsibility of the directors, by making companies 
 open their accounts to the inspection of those interested, 
 and in other ways. A great many commonwealths have 
 tried to prevent the further combination of capital, and 
 have made drastic laws to control trusts, but usually with- 
 out success. More often than not this legislation, hasty, 
 ill-considered, and passed in ignorance of natural eco- 
 nomic laws, has done harm rather than good. Recently 
 there has been a movement to have a large number of states 
 adopt the same laws regarding corporations. This shows 
 that industry is no longer a state affair, and that national 
 action is becoming more necessary. 
 
 According to the Constitution, Congress has almost no 
 power over industry, because few corporations are erected 
 under national law. In 1890, however, an anti -trust law 
 was passed, which attempted to prevent the combination 
 
The New Nation 185 
 
 of capital for the control of interstate or foreign trade and Stimson, 
 
 commerce ; but, of course, it does not cover the vast num- ^'^^dbookof 
 
 ' ' ^ Labor Law, 
 
 ber of corporations doing business solely within state Hmits. 334-347. 
 
 Combinations of labor, as well as combinations of capital, Control of 
 
 labor dis- 
 
 ties between the employer and the employee is occupying a 
 
 are subject to state supervision. The adjustment of difficul- 
 
 constantly larger place in the work of legislation and admin- ^^^^^ ^-^ 
 istration. Those features of strikes which interfere with the Relation to 
 rights of others, or cause the destruction of property, are ^^' ^ ~^^'^' 
 prevented by the courts and through the exercise of the 
 police power. The prevention of strikes has been attempted 
 by the use of boards of arbitration. 
 
 220. The Tariff. — Our business has been greatly, though Economic 
 indirectly, affected by the action of the Congress on the ^^^^^J^^"^ ^^ 
 money standard and on imported articles. Both of these politics, 
 subjects have been made prominent in political circles, so 
 that many of our elections since the war have turned upon 
 them. A brief consideration of the main points of each is 
 all that will be given here, as they will be treated more fully 
 later. 
 
 The war tariff of 1864 continued to aid the development The tariffs 
 of industry, and was scarcely changed at all till 1883, when ^^ 4-1909)- 
 many of the protective duties were increased. The opposi- Cf. §§ 539, 
 tion to this high protection was the basis of the presidential 
 elections of 1888 and 1892, the former being won by the Lamed (ed.), 
 protectionists who, in 1890, passed a bill placing many ^j^X^!^ 
 articles on the free list, but increasing the duties on those iv, 30, 83-89; 
 left. In 1893 a measure ostensibly for revenue only, but J^'.^vn^ ^' 
 in the end involving no real principle, replaced the McKin- 640-647. 
 ley Bill; and, in 1897, this, in turn, gave way to the Dingley 
 Bill, which was more consistent, but avowedly protectionist. 
 The early years of the twentieth century were marked by 
 continued agitation for tariff reform. In 1909 the Payne- 
 Aldrich tariff was passed, introducing no new principle ex- 
 cept that of the double tariff, 25 % of the cost of all goods 
 being added to the regular duty on imports from countries 
 that discriminated against us. 
 
i86 
 
 The American Federal State 
 
 The silver 
 
 question 
 
 (1873-1896). 
 
 Cf. §§ 540, 
 599- 
 
 Restrictions 
 upon the 
 legislatures. 
 
 Cf. \\ 422- 
 426. 
 
 Bryce, 339- 
 341. 
 
 221. The Currency. — At the close of the war there was 
 no coin in circulation, as we have seen, and it was not 
 until 1879 that the United States government dared to 
 resume specie payments and redeem its paper in gold. In 
 the meantime (1873) a change had been made in the laws, 
 by which silver was no longer the subject of free coinage, 
 as it had scarcely been coined at all since 1834. When 
 hard money began to come into circulation again, there was 
 considerable agitation in favor of free coinage of silver 
 dollars, and in opposition to the retirement of the green- 
 backs. This resulted in the retention of the latter, intended 
 at the first to be used only during the war, and in the pas- 
 sage of what was known as the Bland- Allison Bill, in 1878, 
 making it obligatory for the United States to buy and coin 
 at least two million dollars' worth of silver a month. In 
 1890, by the Sherman Silver Act, Congress authorized the 
 Treasurer to buy at least four and a half million ounces of 
 silver a month, but the law was repealed during the panic 
 of 1893. In the election of 1896 the chief issue was the 
 question of free silver coinage alone or in connection with 
 other nations. The commercial sections of the country 
 were greatly opposed to any change in the standard, and 
 a consideration of free silver was therefore postponed. 
 
 222. The People and the State Constitutions (1860- 
 1900). — 'Besides the changes made necessary by new eco- 
 nomic conditions, the state constitutions have been greatly 
 developed along lines similar to those in which alterations 
 were made before i860. The most notable characteristic is 
 the greater part played by the people in government. This 
 expresses itself in many ways. The distrust of the legis- 
 latures has become even more prominent, so that they are 
 prevented in many cases from making laws at all ; and every 
 time a state adopts a new constitution, it adds a few things 
 to the list of subjects for which the legislature cannot 
 make special laws. In many states this restriction covers 
 at least fifty titles. All of these things mean, of course, 
 that the people insist upon having more of the laws sub- 
 
The New Nation 187 
 
 mitted to them for approval. The constitutions are becom- 
 ing more and more like codes which need constant revision. 
 
 Many of the states have gone, farther. Not only must Direct 
 constitutional amendments be submitted to the voters, but ^^'^ 
 if a certain per cent wish to have a law voted upon by the hh 528, 529. 
 people before it can be enforced, the legislature in those 
 states must submit the law at the next general election. 
 This method, called the "referendum," was first used in 
 this way in America about 1845; i^ has been well devel- 
 oped in the cantons of Switzerland. At present it is used 
 most in the localities of the middle West, and especially in 
 connection with matters of finance or local organization. 
 South Dakota has recently (1898) applied the method to 
 all state laws on petition of five per cent of the voters. 
 She also permits the same proportion to suggest laws which 
 must be submitted to popular vote. This is called the 
 "initiative." 
 
 223. The Suffrage. — Changes in the franchise have been General 
 going on all the time. In one way they have helped to changes. 
 restrict the right to vote, in another to enlarge it. The Haynes, 
 most important change since 1865 was that caused by the i^^sfor' 
 fifteenth amendment to the United States Constitution, Suffrage, va 
 which made it obligatory upon the states to extend the suf- figoS) 495- 
 frage to negroes. But the evils of indiscriminate exten- 512. 
 sion have been manifest all over the land; and many of the 
 states which formerly permitted aliens to vote as soon as 
 they declared their intention to become citizens, or even 
 before that, have withdrawn the privilege, though twelve still 
 permit it. Educational qualifications have become more 
 common, and, of late, the requirement is sometimes made 
 that the person shall not only read or write, but do it in 
 English. 
 
 In the South the whites are struggling with the problem New quali- 
 of how to disfranchise the negroes without violating the ^^^^^^^ 
 national Constitution. In 1890 Mississippi, which has a 
 population over one-half black, established an educational ^^^^^ 
 test for voters. In 1895 South Carolina, in which the 
 
i88 
 
 The American Federal State 
 
 Oberholtzer, 
 Referendum, 
 120-125. 
 
 Woman 
 suffrage. 
 
 Bliss (ed.), 
 New Encyc, 
 0/ Social 
 Reform, 
 1295-1299, 
 
 The Austra- 
 lian ballot 
 and other 
 election 
 regulations. 
 
 cf. §§ 523- 
 
 525. 
 
 Allen, P. L., 
 in P. S. Q., 21 
 (1906), 38-58. 
 
 Beard, C. A., 
 in P. S. Q., 24 
 (1909), 589- 
 614. 
 
 Primaries 
 
 and direct 
 nominations. 
 
 Shaw, W. B., 
 in Outlook, 
 90 (1908), 
 383-389- 
 
 negroes outnumber the whites nearly two to one, adopted 
 an alternative educational or property qualification. Louisi- 
 ana, North Carolina, Virginia, Alabama, and Georgia later 
 adopted complicated suffrage laws with so-called "grand- 
 father clauses," which made citizenship before 1867 or 
 military service a requirement for a voter or an ancestor, 
 unless the voter owns property or is educated. 
 
 During these years there has been a great deal of agita- 
 tion over woman suffrage. Many constitutional amendments 
 have been submitted to the voters, but in most cases they 
 have been defeated. More than half of the states allow 
 women to vote in school elections and several permit women 
 taxpayers to vote in certain cases, but only five, Wyoming, 
 Colorado, Idaho, Utah, and Washington, give the right of 
 general suffrage for state and national elections. 
 
 224. Reform of Elections. — During the last twenty years 
 a very earnest attempt has been made to avoid some of the 
 dangers to which democracy has been especially subject. 
 The chief of these reform movements dealt either with the 
 elections or the civil service. The open ballot of the forties 
 was replaced by one much more guarded, and, finally, by a 
 system known as the Australian ballot, by which the chances 
 of bribery and corruption have been reduced to a minimum. 
 The Australian ballot is used almost universally, but many 
 demand as a further reform a short ballot, with only a few 
 officials elected at a time. Candidates are often compelled 
 to render account of their election expenses, but these " cor- 
 rupt practices " acts have not been effective. 
 
 Primaries have been brought under the supervision of the 
 law, most of the states requiring all parties to select con- 
 vention delegates or nominate their candidates at primary 
 elections. Because of dissatisfaction with the convention 
 method of nomination, these primary elections are usually 
 held, not for the selection of delegates to nominating con- 
 ventions, but to nominate directly the candidates for the dif- 
 ferent offices for each party ; that is, direct nominations in 
 direct primaries are becoming the rule in most of the states. 
 
The New Nation 189 
 
 225. Civil Service Reform. — From what has already been Progress 
 said, and from what we know about the "spoil system," we ^^^^ ^" ^^^ 
 
 . , , , . , , nation, the 
 
 can readily appreciate how much harm it has done good state, and 
 government. "Civil service reform " has been the watch- the localities 
 word of a large class of our best citizens, who have given Cf. \\ 345, 
 attention to politics. The national administration was the '^^^* 5^'* 
 first attacked. For three years, under Grant, examinations 
 were required of a few officials, but real progress dates 
 from the passage of the Pendleton Act, in 1883. Since 
 that time, by Congressional legislation or executive ordi- 
 nance, sixty per cent of more than three hundred and fifty 
 thousand United States government positions have been 
 placed on the classified lists, and are now filled according 
 to merit. In the state, county, and municipal govern- 
 ments the same principles have been applied to some 
 extent; but the vast majority of the two or three hundred 
 thousand appointees, besides those in schools, have no 
 higher qualifications than friendship and influence. 
 
 226. Cuba and the United States. — During the whole of Relations 
 the nineteenth century the affairs of Cuba and the United ^^""S '^^'^^ 
 
 ■' teenth cen- 
 
 States have been more or less interwoven. As early as 1825 tury. 
 diplomatic suggestions of our government had an indirect ^^^^ ^ g 
 influence upon Spain's retention of her West India posses- in Harper's, 
 sions. Twenty-three years later the Secretary of State ^°^' ^7' ^27- 
 offered to buy Cuba for ;^ 100,000,000. In the ten years' 
 revolution, which began in 1868, the United States was 
 called upon several times to see that American interests 
 were protected. After 1878 investment by our citizens 
 had increased rapidly, and when insurrection broke out 
 again, in 1895, it meant great loss and privation to many 
 living in the United States. This condition of affairs, 
 coupled with the harsh " reconcentrado " policy of Weyler, 
 led Cleveland, in two messages, to assume a bold attitude, 
 and, after urging Spain to submit the dispute to arbitration, 
 to state that if the war were continued, it might become 
 necessary for the United States to interfere. Feeling 
 against Spain had grown very strong before the destruction 
 
1 90 
 
 The American Federal State 
 
 The treaty 
 with Spain 
 (1898). 
 
 The Philip- 
 pine rebel- 
 lion. 
 
 Difficulties 
 and impor- 
 tance of 
 colonial 
 questions. 
 
 of the Maine (February, 1898) and the report of the com- 
 mittee of investigation that the vessel had been blown up 
 by a submarine mine. War now seemed inevitable, and, 
 on April 25, 1898, Congress declared that a state of war 
 existed between the United States and Spain. Six days 
 before, a joint resolution had been passed that Cuba 
 should be free and independent, and that the United 
 States should not interfere with government by her own 
 people. 
 
 227. Acquisitions of Territory. — During the war Con- 
 gress voted to annex Hawaii, which had thrown off her 
 monarchical government in 1893, and had sought annexa- 
 tion by means of treaty. When hostilities with Spain 
 ceased, we were in possession of Porto Rico, a large part 
 of Cuba, and the territory around Manila. In the negotia- 
 tions we sought to gain Cuba for the Cubans, without the 
 Spanish-Cuban debt, and Porto Rico, the Philippines, and 
 some smaller islands for ourselves. The treaty, in its final 
 form, conceded everything the Americans asked, the Span- 
 ish property in the Philippines being sold for $ 20,000,000. 
 The ratification of the treaty met with opposition in 
 the Senate, from those who feared the dangers which co- 
 lonial possessions so far away would bring; but the nec- 
 essary two-thirds was finally forthcoming. During this 
 debate in the Senate an attempt was made to pledge 
 the nation to grant the Philippinos complete rights of self- 
 government, but it was unsuccessful. Soon after the 
 administration had to deal with the double problem of 
 crushing the Tagal rebellion, headed by Aguinaldo, and 
 of finding such a government for the different islands in 
 the Philippines and for the West Indies as should secure 
 the civil rights of the inhabitants, guarantee protection of 
 property, and yet leave the people such a share in govern- 
 ment as they seem fitted to use. 
 
 The proper control of these colonies, and the altered 
 international relations which the possession of this out- 
 side territory will bring us, bid fair to outrank, in popular 
 
The New Nation 191 
 
 interest and in real importance, all other questions now 
 confronting the national government. 
 
 228. The Constitution at the End of a Century. — What A century's 
 a difference there is between the United States of 1789 and ^^^^s^^ in 
 
 1 r ^ 1 1 • • 1 • r^^ • ^"^^ spirit of 
 
 that of to-day, and yet what a similarity ! The similarity government. 
 
 is in governmental forms and political theories; the differ- ,yM 
 
 ence in the spirit which animates society and politics. But Cong. Gov't, 
 
 the spirit is no new creation, it is an evolution that finds ^3-24- 
 its beginning not even in the revolutionary epoch, but in 
 the earliest colonial settlements. 
 
 In 1789 we had a federal system nominally the same as Changes in 
 
 it is now; but then we had States and a nation, now there ^^^ federal 
 
 x-r • T rr^i 11 -, , , system. 
 
 IS a JNation and states. Ihen all spoke of the states as 
 sovereign, and of the central government as sovereign only 
 in regard to the powers conferred upon it. A hundred 
 years ago the right of secession was practically claimed by 
 every section ; to-day no state would dare to attempt to call 
 withdrawal from the Union legal secession. In the early 
 years of our history much was heard about nullification, but 
 our present interest in the word is purely historical. What- 
 ever we may think about the permanence of the states, one 
 thing is assured : the Union will stand, growing stronger 
 with the onward march of the centuries. 
 
 229. The Central Government. — The contrast between The national 
 the United States government in 1789 and in looo is most government 
 
 ° I y y m 1789. 
 
 striking. In 1789 none of the three departments had 
 
 tested its strength, and none knew whether it would prove ^^^^' ^^ ~ 
 
 able to perform the tasks assigned it. Few people expected 
 
 1 , 1 ^ r -. . . , . , , % . Cf. Wilson, 
 
 to see the old Confederation, with its lack of power, its cong. Gov't, 
 failure to inspire respect, its impaired credit, and its over- 28-57. 
 whelming debt, replaced by a new government that should 
 show itself competent just where the old Congress was 
 inefficient. To the people of that day the central govern- 
 ment was far removed, a vague impersonal being much more 
 of a necessary evil than a permanent good; and, if too 
 powerful, an engine for the destruction of liberty. That it 
 did not inspire awe, perhaps not respect, is evident from 
 
192 
 
 The American Federal State 
 
 Its position 
 to-day. 
 
 The separa- 
 tion of 
 departments 
 maintained. 
 
 Some 
 
 characteris- 
 tics of the 
 unwritten 
 Constitution. 
 
 Bryce, 271- 
 274. 
 
 the events connected with the first Congress and the first 
 inauguration. We cannot imagine to-day a meeting of 
 Congress called for the 4th of March which does not take 
 place until the 6th of April, because no quorum is present; 
 nor can we think of an inauguration postponed eight weeks 
 beyond the day set. For such a state of affairs poor roads 
 and adverse winds cannot be held responsible by the most 
 charitable historian. 
 
 The fears which the people had of the Congress and the 
 President, as well as the dangers of impotent government, 
 were not overcome in a day. But the ship of state has 
 gallantly weathered every storm. It has shown its own 
 strength and won the confidence of its citizens. We do 
 not dread it more than the other governments under which 
 we live, and our attachment to it to-day is more real and 
 pronounced. 
 
 In this development a great many provisions of the paper 
 constitution have been ignored or supplemented by law 
 and custom, yet we still find that the separation into three 
 departments, largely independent, is no fiction. The legis- 
 lative department is necessarily the most powerful, as it 
 has the most important work to do; but it has never subor- 
 dinated the others entirely to itself. Each has maintained 
 a posi'tion essentially that which the " fathers " expected. 
 
 230. The Unwritten Constitution. — We have already in- 
 dicated how the federalism recognized by the Constitution 
 has been modified, but several changes of great significance, 
 though more specific, deserve mention. The most impor- 
 tant characteristic is the general tendency toward a liberal 
 construction of the written Constitution, covering such sub- 
 jects as the acquisition of territory, the making of inter- 
 nal improvements, and the issuing of paper money, none 
 of which are authorized in that document. Since 1800 
 the President has not been chosen by electors exercising 
 independent judgment, but by persons representing politi- 
 cal parties, and now chosen by the qualified voters of each 
 state. They do no more than register the wishes of the 
 
The New Natiofi 193 
 
 majority of those voters. A President may be reelected 
 once, but not twice. His power in time of war is all that 
 the most visionary opponent of constitutional ratification 
 may have imagined. The executive power is centred in 
 him, i.e. all persons belonging to the administration are 
 nominally appointed by him, and are really responsible to 
 him. But in his appointments he is obliged, by custom,, 
 to follow the dictates of congressmen in filling most of the 
 offices in the United States, though the Senate never refuses 
 to confirm a member of the Cabinet. The Cabinet is a 
 body practically unrecognized by the Constitution. Cus- 
 tom has determined that it shall be composed of the heads 
 of the departments, who have no seats in Congress and do 
 not direct legislation, as in England. As a Cabinet, they 
 are an advisory executive body, but the President is not 
 bound to follow their advice; as heads of departments, they 
 are the administrative agents of the President. 
 
 Our government has become one by the people acting The political 
 through political parties. The President is a party leader. P^^^^ ^^ ^, 
 Senators and representatives belong to some national party government 
 nominated according to well-recognized rules. The speaker °^ ^^^ United 
 of the House of Representatives, an officer barely mentioned 
 in the Constitution, has developed tremendous power over 
 the organization and legislation in the House because he 
 is the party leader of the majority. Only the courts are 
 free from partisanship, and that is because they have vol- 
 untarily and consistently refrained from considering politi- 
 cal questions as such. Yet even the judges always belong 
 to the same party as the President who appointed them. 
 In the states and the cities, the organization of the party 
 machinery needed for national elections has made it neces- 
 sary to fight out every contest on party lines. 
 
 These are a few of the changes wrought in the national 
 government by the unwritten Constitution. 
 
 231. Popular Cooperation in Government. — In 1789 the Class rule 
 United States was governed bv classes. People could not ^" eighteent 
 
 ° ^ ^ century. 
 
 vote unless they owned a certain amount of property and 
 
194 
 
 The American Federal State 
 
 Lack of 
 suffrage 
 restrictions 
 at present. 
 
 had been for a long time residents of the state and district. 
 Officials were by law usually required to own a much greater 
 amount of property, and by custom they were ordinarily 
 drawn from certain families. Except in the New England 
 township, the local government was by no means popular, 
 for elsewhere the town, parish, and county officers were 
 either appointed by the state governments or chosen by a 
 few persons. 
 
 To-day suffrage is ever)rwhere practically universal. 
 Religious qualifications were long ago abolished, when 
 State and Church were separated, but the nation has become 
 more rather than less religious. The few restrictions of 
 time, residence, and citizenship for electors are essentials 
 of good government. Office-holding is open to any one 
 who has the personal qualities needed for winning popular 
 favor. All of the chief positions in national, state, and 
 local governments are filled by popular election, and changes 
 in fundamental laws must meet with approval of the voters. 
 The people cooperate in government largely through par- 
 ties, but the control of those parties belongs to them; for 
 no one that seeks to become a party dictator or "boss " can 
 maintain his position in the long run without popular sup- 
 port. We have now as truly a government " of the people, 
 by the people, and for the people " as ever existed, with 
 most of the benefits and most of the faults inherent in 
 democratic rule. 
 
 What that government is like we shall now proceed to 
 consider a little more fully. 
 
 Economic Features of the New Nation (§§ 215-221) 
 
 1. Look up the income taxes and taxes on production during the 
 Civil War; note the items included and rates levied. Why was there 
 a great opposition to these internal taxes ? Should the duties on im- 
 ports have been reduced at once to correspond to the reduction on 
 internal revenue ? 
 
 2. Why are monopolies dangerous ? Name any railways that 
 might be considered monopolies. Are the evils of monopolistic con- 
 trol averted in these cases by government control ? 
 
The New Nation 195 
 
 3. How is a corporation formed in your state ? Are there any pro- 
 visions in state law that the capital stock must be paid up in full ? 
 What is meant by watered stock ? Why may watered stock be in- 
 jurious to the investor, to the corporation, and to the public ? 
 
 4. Give, in outline, a history of our tariffs, indicating the principal 
 objects upon which duties have been placed, and giving an idea of the 
 rates. 
 
 The States (§§ 222-225) 
 
 1. What is the earliest instance you recall of the referendum in 
 America ? Give a short account of the development of the idea that 
 the people should ratify laws framed by legislatures or conventions. 
 Has the referendum ever been used in connection with national 
 affairs ? Account for your last answer. 
 
 2. What are the advantages of universal suffrage ? the disadvan- 
 tages ? Is the suffrage of the present likely to become more or less 
 restricted ? In your opinion does the Louisiana constitution violate 
 the United States Constitution ? Who will decide whether it does, 
 and in what way will the matter be tested ? Give arguments for and 
 against woman suffrage. 
 
 3. Give a history of the ballot. To what extent Avas it used in the 
 colonies ? What was the method of voting in Greece, in Rome, in 
 England before 1884 ? 
 
 Foreign Affairs (§§ 226-227) 
 
 a, Cuba and the United States during the nineteenth century. 
 Curtis, United States and Other Powers, index under Cuba ; La- 
 tane. United States and Spanish America, chap. II; Callahan, Cuba 
 and International Relations, 
 
 1. Make a study of the Spanish government in Cuba during the 
 nineteenth century. What forms of taxation existed ? What share 
 did the people have in the government ? In what respects was the 
 government of Cuba better or worse than those of the South American 
 republics ? 
 
 2. Name the principal causes of the Spanish War. Trace, if possi- 
 ble, the growth of the idea of expansion. Was it originally the wish 
 of the people or of the administration ? What else could the govern- 
 ment have done ? 
 
 The Constitution at the End of a Century (§§ 228-231) 
 
 a. Changes in the Constitution since 1789 are treated by McMaster, 
 With the Fathers, 182-221; Boutwell, Constitution at the End of the 
 
196 The American Federal State 
 
 First Century ; and Tiedeman, Unwritten Constitution of the United 
 States. 
 
 b. The national government of to-day is pictured by Bryce, chaps. 
 IV, V, IX, XI-XIII, XVII-XXI, and by Ford, American Politics, 
 chaps. XVIII-XXII. 
 
 1. Compare the forms of government, the powers of the different 
 departments, and the part played by the people in governing in Great 
 Britain and the United States in 1800 and in 1900. 
 
 2. Is our unwritten Constitution more or less important than the 
 written one ? How did the two compare in 1789 1 Which is growing 
 more rapidly ? 
 
 3. Is it desirable to keep the three departments of government as 
 nearly coordinate as we can ? Is it going to be possible to do so ? 
 What besides provisions of the written Constitution have helped to 
 keep the executive and judicial departments independent of Congress ? 
 
PART II 
 GOVERNMENT 
 
 CHAPTER X 
 
 GENERAL CHARACTER OF AMERICAN FEDERALISM 
 General References 
 
 Burgess, The American Commonwealth (^Political Science Quarterlyfy 
 
 I. 9-35)- 
 
 Crane and Moses, Politics, 223-264. On the tendencies of feder- 
 alism. 
 
 Hinsdale, The American Government, 1 17-136, 236-247, 336-371, 
 418-422. Hinsdale gives excellent explanations of the principal 
 features of the national government especially, with many his- 
 torical references. 
 
 Bryce, The American Commonwealth (abd. ed.), 214-287. The best 
 book for consultation on this chapter. Unexcelled for reference 
 on all of Book II. Emphasis is laid on the government as it is 
 and upon the methods of operation. 
 
 Wilson, The State, 467-550. An outline of particular value on the 
 states. 
 
 Story (Cooley), Commentaries on the Constitution, chaps. XXXII- 
 XXXV, XLIV-XLVII. 
 
 The Federalist, Nos. 39-46. The Federalist should be consulted on 
 all of Book II as showing what was expected of the central gov- 
 ernment in 1788. 
 
 Burgess, Political Science and Comparative Constitutiotial Law, I, 
 142-154, 184-252. Volume II gives a very valuable comparative 
 study of the governmental organization and powers in the United 
 States, France, England, and Germany. 
 
 Hart, Federal Goveryiment. Summarizes and compares different fed- 
 eral governments. Appendix A gives detailed comparison. In- 
 valuable for reference. 
 
 197 
 
198 
 
 The American Federal State 
 
 Ways in 
 which mod- 
 ern States 
 have been 
 consolidated. 
 
 The decen- 
 tralizing 
 forces over- 
 come. 
 
 Johnston, in 
 Lalor, III, 
 787. 788. 
 
 232. Centralizing Tendencies in Modern History. — All 
 modern States have a central government and local govern- 
 ments. In some, the local governments are subordinate to 
 the central government, and we then called the State cen- 
 tralized. In others, the local governments are practically 
 independent of the central governments, i.e. neither one 
 is controlled by the other, but each is directly responsible 
 to the people. Most States at the present time are central- 
 ized, but they have not always been so. Almost without 
 exception the local districts whose government is now 
 completely under the central government were once more 
 or less independent, as were the counties of Kent and Wes- 
 sex in England, or Venice and Modena in Italy. But this 
 independence was not lost all at once. The process by 
 which these little states were united into large States was 
 a slow one, often covering centuries. The unions have 
 been largely voluntary, but they may have been entirely 
 involuntary. The small states usually at first retained many 
 privileges, as evidence of their former independent position, 
 especially if they were consulted when they were joined 
 to the large State. In many instances several small states 
 united in a loose bond, or league, for protection against 
 common danger. But these leagues have been transitory. 
 Although the people were more attached to the small states 
 than to the league, and although the small states at the 
 beginning had more power than the central government, 
 forces favoring decentralization have been no match for 
 those in the opposite direction, and in time centralization 
 has won, a large State has been formed, and the central 
 government has grown stronger and stronger. 
 
 233. Centralization in the United States before 1790. — 
 The history of the struggle between centralizing and decen- 
 tralizing forces in this country has already been discussed 
 under the development of nationality. As elsewhere, the 
 small states were formed before the large one was organ- 
 ized. During the colonial period these small political 
 societies were unconnected with each other, except through 
 
General Character of American Federalism 199 
 
 England. Their first union (the Confederation) was a 
 league in which the states controlled the central govern- 
 ment. This did not prove to be satisfactory, and after an 
 existence of less than ten years an effort was made to replace 
 it. . Now, it was unreasonable to expect that a nation with 
 a strong central government would be developed in a single 
 decade, particularly when we consider how strong was the 
 love of local self-government in America. In consequence, 
 as a league had been found unsatisfactory, and as popular 
 sentiment was strongly opposed to a powerful central gov- 
 ernment, a compromise was necessary. There was, accord- 
 ingly, formed a Federal State, in which there should be 
 two kinds of government, each exercising certain powers 
 of sovereignt}^, and supreme within its own sphere. But 
 the creation of this Federal State meant that every citizen 
 living within the United States was not only a citizen of 
 the state (commonwealth) in which he resided, but of the 
 United States as well. He was bound to obey the laws of 
 his state with regard to certain matters, and those of the 
 United States with regard to certain others. He had cer- 
 tain rights which he possessed because he was a citizen of 
 a state, but different rights which were the result of United 
 States citizenship. 
 
 234. Centralization since 1790. — If States are constantly integration 
 growing, and if growth has everywhere else favored cen- o^^^tional 
 tralization, we may well ask whether the Federal State of 
 to-day is the same as that of 1790. The answer is clear if ank Mioses 
 we have followed the historical discussion of Part I. Theo- Politics, 
 retically, the Federal State has changed little. Actually, cbap.xviiL 
 there has been a great shifting of power. The balance 
 between the nation and the states has never been perfectly 
 maintained. At first the states were much more impor- 
 tant, because of their former semi-independent position. 
 But new generations came upon the scene, who cared less 
 for the history of their state than for the common interests 
 which existed in their day. Gradually the central govern- 
 ment has added power after power, not necessarily at the 
 
200 
 
 The American Federal State 
 
 The national 
 Constitution 
 and centrali- 
 zation. 
 
 Fair national 
 efificiency 
 combined 
 with local 
 autonomy. 
 
 Sidgwick, 
 Politics, 516- 
 519. 
 
 Bryce, 248- 
 253- 
 
 expense of the states, for the Constitution has guaranteed 
 the states full control within their own sphere of govern- 
 ment, but because the nation and national interests are 
 now much more important than the state and local affairs. 
 Really, the states have been growing all the time, but the 
 nation has grown so much more rapidly that when we 
 compare the two, the states seem to have dwindled. 
 
 In this connection a word ought to be said about the 
 national written Constitution, which, in a sense, created 
 this Federal State, and which has been, more than anything 
 else, responsible for its continuance. How perfect the 
 division was which the Constitution made when it sepa- 
 rated the sphere of the nation from that of the states is 
 shown by the fact that the division is now almost the same 
 as a hundred years ago, in spite of the great political, 
 social, and economic changes of the century. This divi- 
 sion was at the beginning an advantage to the central gov- 
 ernment, because the states were unwilling to leave to the 
 United States government control over all national affairs. 
 During the last half century the division has favored the 
 states in two ways: (i) because we have at present more 
 interests in common than a hundred years ago, and occasion- 
 ally these interests are of such a nature that the Constitution 
 leaves them to the states, although we feel now that they 
 properly belong to Congress. (2) As the national govern- 
 ment has grown stronger, it would have encroached upon 
 the sphere of the states but for the written Constitution. 
 
 235. Negative Advantages of Federal States. — The great 
 advantage of federalism is that it combines an efficient 
 central government, controlling those matters of unques- 
 tioned common interest with complete self-government in 
 the states regarding all other subjects. It would be almost 
 impossible, if indeed it were desirable in a country so ex- 
 tensive as ours, to give the national government the right 
 to regulate all affairs, general and local. If laws had to be 
 made for localities, as is done in England and in France, 
 especially if accompanied by the administrative centraliza* 
 
General Character of A^nerican Federalism 201 
 
 tion of the latter country, the burden would be greater than 
 
 die national government could probably bear. But even 
 
 if a centralized government were possible, it could not 
 
 properly care for the interests of every locality; and, more 
 
 than all else, it would leave to the people a smaller degree 
 
 of local self-government, which has always been the most 
 
 effective spur to political interest, and the great bulwark of 
 
 political and civil freedom. 
 
 One of the great faults of federal systems in general is Dangers of 
 
 that they tend to break up into sections. Under a central secession 
 
 , , . , avoided. 
 
 government exercising powers now belonging to the states, 
 
 there would be much greater disaffection in different parts 
 of the Union than under the existing system, and the danger 
 of actual separation — for legal secession is no longer pos- 
 sible — would be much greater than at present. Again, if 
 national laws were to be made for subjects that are now 
 under the control of the states, our owm history and the 
 history of Europe show that to have good government under 
 those laws they should be administered by national ofiEicials. 
 While the choice of these might be left to the people of a 
 locality, the officials would have to be responsible not 
 to that locality, but to the central government. To call 
 such a system local self-government, would be hardly less 
 than farcical. 
 
 236. Positive Advantages of Federalism. — The advan- Ci\'ic advan- 
 tages of a federal system are, of course, more clearly tagesofioca] 
 
 ^ , •' . -' autonomy. 
 
 shown in the gains we have made than in the dangers we 
 have avoided. Such governments as we possess at the pres- ^^^^ ^DemTc- 
 ent time demand a great amount of political intelligence, racy in 
 and have produced a degree of popular knowledge regard- ^^\'^^'^'^. 
 ing political affairs among our citizens that is the surest ed.), 
 guarantee that popular government will be good govern- ^' 107-^22, 
 ment. This is a direct result of leaving to the state com- 
 plete autonomy, for the part played by the voting citizen 
 in the conduct of state and local affairs is incomparably 
 greater than that taken by a citizen of any European 
 country in all of his governments. 
 
202 The American Federal State 
 
 Political But aside from the advantage derived through the greater 
 
 experiments political intelligence of the voter, is the gain that has come 
 
 and expen- ^ ° ? o 
 
 enceofthe from the experiments made by the states in new fields. 
 
 states. 'pjjg national progress that has come from innovations, 
 
 tried by a few states, found satisfactory, and afterward 
 adopted by the other states, can hardly be estimated. It 
 is sufficient for our purpose to compare the actual exten- 
 
 The suffrage, sion of the franchise with what would have been possible 
 had suffrage been regulated by national law, bearing in 
 mind that it is illustrative of a hundred and one other sub- 
 jects of more or less importance. From the historical 
 sketch of Part I it must be evident that if the states could 
 have made no laws regarding the franchise, many of the 
 reasons that led the newer states to adopt manhood suffrage, 
 even during the eighteenth century, would have had no 
 influence whatever. The West adopted universal suffrage, 
 principally because greater social equality existed there 
 than in the East, and political equality was therefore 
 natural. Then the West was anxious to aid in the devel- 
 opment of its resources by attracting immigrants from the 
 other states and from Europe, and the right to vote proved 
 a very great inducement. The East was, consequently, 
 obliged to grant similar privileges. Now, if the franchise 
 had been regulated by national law, the older states would 
 have compelled the central government to base suffrage on 
 property. The social equality of the West could have 
 exerted no influence till the West was as populous as the 
 East, and population in that section would have increased 
 less rapidly than it did, because the West could not have 
 offered the right to vote as a bid to newcomers. When 
 we realize that as late as 1840 more than one-half the people 
 of the United States actually resided in the thirteen origi- 
 nal states, we can realize the significance of this. We must 
 not forget, however, that even the old states would un- 
 doubtedly, in time, have agreed to a modification of the 
 suffrage, especially as agitation in the newer states would 
 have favored its extension; but these changes must have 
 
General Character of American Federalism 203 
 
 occurred much later than they did even in the East. From 
 this single instance we can see the tremendous influence 
 exerted upon political and social progress by the federal 
 system. 
 
 237. Disadvantages of our Federal System. — The disad- inequalities 
 vantages of our system are inseparable from the advantages. ^^ ^^^^^ "S^^ 
 
 , . r ., , , among the 
 
 It is impossible to separate the powers of government into states. 
 two sets, and distribute those powers to different govern- ^^ g 
 ments, and yet have a central government as efficient in 243-247. 
 the conduct of all national affairs as a highly centralized 
 national government would be. For example, a state may 
 greatly restrict the privileges of the citizens within its 
 boundaries, and yet the United States government cannot 
 interfere unless the state has infringed upon the rights which 
 the citizen has by virtue of his being a citizen of the United 
 States, or unless the state took away his rights as a citizen 
 of that state "without due process of law." 
 
 When the United States government makes a treaty with Weakness of 
 a foreign power, it is quite likely that some matters which ^^ national 
 
 , . , .„ , .,,,,- government. 
 
 seem to belong to state law will be considered. We are 
 under obligations to the nation with which the treaty is 
 made to see that the treaty is enforced; but if the United 
 States authorities try to administer these parts of the treaty, 
 they are thought to exceed their powers; so it is left to the 
 state officials, who execute them or not as they see fit. In 
 the New Orleans difficulty (1891), where several citizens 
 of Italy were killed by a mob, the Italian government was 
 informed that the murderers must be punished by the state 
 of Louisiana, and that the United States had no jurisdic- 
 tion in the matter; and this was done, when we had a treaty 
 with Italy guaranteeing the rights of her citizens in this 
 country, and in spite of the provision of our Constitution 
 which makes treaties part of the supreme law of the land. 
 
 Probably the greatest disadvantage is that growing out increasing 
 of our continually changing economic and political con- "^^^^^^ 
 ditions. We cannot draw between the state and national legislation. 
 spheres of government a line that will be permanent. 
 
204 
 
 The American Federal State 
 
 Enumerated 
 and residu- 
 ary powers. 
 
 Hinsdale, 
 \\ 225-233, 
 
 Bryce, 225- 
 232. 
 
 Owing to the rigidity of the national Constitution, it is 
 impossible to change the line with changing conditions. 
 The liberal construction of the Constitution does this to 
 some extent, but within certain limits. The central gov- 
 ernment has been powerless to enact a national divorce law, 
 although the need of uniform legislation of this subject is 
 fully recognized. At the present time, commissions from 
 different states are constantly being held in order to arrange 
 some plan by which the differences between the legislation 
 of the states may be minimized. Were it not for the fact 
 that the general principles underlying state laws are every- 
 where the same, and that there are but four or five groups 
 of states with any great differences in detail, some action 
 by an outside authority would be necessary for the proper 
 conduct of ordinary business. In other words, if state 
 lines are not prominent in everyday affairs, they must not 
 mark important boundaries of legal systems, or they will 
 have to be removed. 
 
 238. General Distribution of Powers. — After this con- 
 sideration of the general characteristics of centralization 
 and federalism in this country, let us proceed to go a little 
 more into detail, in order to discover just what part of the 
 work of governing is left by the people of the American 
 Federal State to the national government, and what part to 
 the state governments, with the limitations placed upon 
 each. We find that the national Constitution of 1787 and 
 its amendments define pretty clearly the sphere of the 
 national government, and suggest the sphere of government 
 left to the states. In that instrument, the attempt is made 
 to grant the central government all powers that the states 
 could not satisfactorily exercise, because united action was 
 necessary. From the nature of the case, these powers 
 belonging to the United States government were consid- 
 ered delegated, and were therefore enumerated, while those 
 left to the states were to include all others. The latter 
 are sometimes spoken of as residuary or inherent powers. 
 This does not mean, as many have interpreted it, that 
 
General Character of America?t Federalism 205 
 
 because the state possessed all powers not delegated, that 
 the state was therefore sovereign. It would have been 
 unwise, if not impossible, to enumerate all the powers of 
 both state and national governments; and the much simpler 
 plan was adopted of stating, in general terms, those classes 
 of powers to be exercised by the national government. 
 
 We may therefore distinguish the following classes of Classes of 
 governmental powers : — powers. 
 
 I. Those granted exclusively to the national government 
 by the Constitution of the United States. 
 
 II. Those reserved exclusively to the states. 
 
 III. Those powers exercised by either the nation or the 
 states, usually called concurrent. 
 
 IV. Powers denied to the national government by the 
 Constitution. 
 
 V. Powers denied to the states by the national Consti- 
 tution, or to any particular state government, by the 
 constitution of that state. 
 
 239. Sphere of National Government. — The sphere of Expressed 
 national government, in consequence, includes both exclu- ^^^ implied 
 sive and concurrent powers; but these are always delegated. 
 Yet delegated powers may be either expressed or implied 
 powers. No one nowadays denies that the United States 
 government has the right to supplement the powers ex- 
 pressly stated in the Constitution, by such means as are rea- 
 sonable and wise, to carry out these powers. That is, we are, 
 in practice, broad constructionists of the phrase that Con- 
 gress has the power " to make all laws which shall be 
 necessary and proper for carrying into execution the fore- 
 going powers [Constitution, Article I, Section VIII, 1-17], 
 and all other powers vested by this Constitution in the 
 government of the United States or in any department or 
 officer thereof." 
 
 Nevertheless, it is generally admitted that the United Exclusive 
 States government does not have exclusive powers, unless P°^®"- 
 the Constitution expressly states that the power granted to 
 the United States government is exclusive, or unless a 
 
206 
 
 The American Federal State 
 
 Concurrent 
 powers. 
 
 Powers 
 
 delegated 
 by the 
 Constitution. 
 
 Hinsdale, 
 
 hh 341-418. 
 
 power given the United States government is, at the same 
 time, denied to the states, or unless, from the very nature 
 of the power, it could not be exercised by both the nation 
 and the states. 
 
 The powers are concurrent if they are simply granted to 
 the United States government without being denied to the 
 states. 
 
 240. Powers exercised by the United States Government. 
 — In order that the central government might be capa- 
 ble of maintaining an independent existence, it was given 
 power to collect taxes of different kinds, almost without 
 conditions. That crises might be met for which ordinary 
 revenue is insufficient, power to borrow money was con- 
 ferred. All care of international relations was given the 
 United States government, and these powers were denied 
 to the states in order that we should not be "one nation 
 to-day and thirteen to-morrow." These included the right 
 to send and receive ambassadors, make treaties, regulate 
 foreign commerce, declare war, and protect our interests 
 by raising an army and navy. All com.mercial interests 
 not belonging to a single state were intrusted to the cen- 
 tral government. Among these were the regulation of 
 interstate commerce, making uniform such necessities 
 as coin, weights and measures, and action regarding bank- 
 rupts. Domestic peace was assured by the control of the 
 army and by the organization and use of the militia to 
 execute laws of the Union, to suppress insurrections, and 
 to repel invasions. Provisions were made for the punish- 
 ment of crimes against the United States, or any of its laws, 
 and for the proper enforcement of United States authority 
 without the use of military power. 
 
 Territory may be acquired and governed, while the con- 
 ditions under which new states may be admitted to the 
 Union are under national control. In order that these 
 powers should be real, the Constitution gave Congress the 
 right to make the "necessary and proper" laws mentioned 
 in the last section. This, coupled with the judicial 
 
General Character of America7i Federalism 207 
 
 right to interpret the Constitution and the laws of the 
 United States, has been ample authority to maintain and 
 to extend the power of the United States government. 
 Finally, the Constitution, the laws of the United States, and 
 treaties are the supreme law of the land, and state laws 
 contravening these are null and void. 
 
 241. Powers concurrently exercised by the United States Taxation. 
 or the State Governments. — Not all of these powers we 
 have just enumerated are exclusive. If we apply, as a test, 
 the criteria of exclusive powers given in section 239, 
 we find that the general power of taxation may be exercised 
 by either the central or the state governments. Yet there 
 are limitations placed upon either one or the other in 
 regard to certain kinds of taxes, e.g. the United States 
 government cannot levy direct taxes except in proportion 
 to the population, neither can it lay a duty on exports from 
 the states at all, nor tax state property. The states cannot 
 tax external commerce except with the consent of Congress 
 and for the national treasury, nor can they tax national banks 
 or national property. Otherwise, either government may 
 tax what it pleases or borrow money, and it is only by 
 custom that the taxes do not overlap. 
 
 Several classes of concurrent powers are those which are Bankruptcies 
 left to the regulation of the national government, but in ^^^ "^ilitia. 
 which the states may legislate in case the United States 
 fails to take any action. The subject of bankruptcies 
 offers many examples of this state of affairs, for Congress 
 has not seen fit to maintain a national law during most of 
 our history, so the states have in the interim passed laws 
 suited to their own needs; but these become invalid as 
 soon as the central government acts. The case of the 
 militia is somewhat similar. Many details of the elections 
 of representatives and senators may be controlled by Con- 
 gress, but in default of national laws the states do as they 
 please. 
 
 In the concurrent jurisdiction of the United States and Umted states 
 •' and state 
 
 state courts we have an instance similar to these last classes, courts. 
 
208 
 
 The American Federal State 
 
 General 
 character of 
 state powers. 
 
 Wilson, The 
 State, §§ 
 1088-1095. 
 
 Private and 
 criminal law. 
 
 Administra- 
 tive and 
 socialistic 
 functions. 
 
 This jurisdiction is concurrent if it comes within that con- 
 ferred by the Constitution upon the national courts, except 
 for the cases over which the Supreme Court has original 
 jurisdiction or the inferior courts are given exclusive 
 jurisdiction by act of Congress. 
 
 242. Sphere of State Activity. — While the states are 
 excluded, either by express prohibition or by implication, 
 from the greater part of national affairs, they control all 
 other subjects of government except those denied to all 
 governments, and consequently reserved to the people. 
 Lest there should be doubt in any one's mind on that 
 point, the tenth amendment says, " The powers not dele- 
 gated to the United States by the Constitution, nor pro- 
 hibited by it to the states, are reserved to the states 
 respectively or to the people." In this amendment we 
 find given the means of determining whether a power is 
 rightfully exercised by a state, and this is done by finding 
 out what does not belong to the state. If a power is given 
 to the central government alone, or if it is prohibited to 
 the states by the Constitution, it cannot be used; all other 
 powers belong to the states, and can be exercised by the 
 state governments unless the state constitutions forbid. 
 
 This apparently vague and indefinite field in which the 
 state is supreme is one of great importance, not only 
 from the variety of subjects included, but from their per- 
 sonal relation to the individual. Practically all matters 
 belonging to the criminal and to the private law are 
 regulated by the states, including laws regarding prop- 
 erty and the business and personal relations of one 
 individual to another. 
 
 The state has complete charge of all local government, 
 of education, of the elective franchise, of most corporations, 
 police duties, marriage and divorce, the poorer and delin- 
 quent classes, and public health. It is constantly brought 
 into close touch with the individual. Legislation on these 
 subjects, and the administration of the laws made upon 
 them, may be left by the state to the state government or 
 
General Character of Ainerica7i Federalism 209 
 
 the local governments; but in any case the control of the 
 state over all of them is exclusive and absolute. It is in 
 addition to the concurrent powers already mentioned. 
 
 The following passage from Wilson {The State ^ section 
 1095) shows clearly the importance of the state sphere : — 
 
 "A striking illustration of the preponderant part played by State A compari- 
 law under our system is supplied in the surprising fact that only son with 
 one out of the dozen greatest subjects of legislation which have ^^ ^'^ ' 
 engaged the public mind in England during the present century 
 would have come within the powers of the federal government 
 under the Constitution as it stood before the [Civil] War, only 
 two under the Constitution as it stands since the addition of the 
 war amendments. I suppose that I am justified in singling out as 
 these twelve greatest subjects of legislation the following: Catholic 
 emancipation, parliamentary reform, the abolition of slavery, the amend- 
 ment of the poor laws, the reform of municipal corporations, the repeal 
 of the corn laws, the admission of Jew^s to Parliament, the disestablish- 
 ment of the Irish church, the alteration of the Irish land laws, the 
 establishment of national education, the introduction of the ballot, and 
 the reform of the criminal law. Of these, every one except the corn 
 laws and the abolition of slavery would have been under our system, 
 so far as they could be dealt with at all, subjects for state regulation 
 entirely; and it was only by constitutional amendment made in recog- 
 nition of the accomplished facts of the war that slavery, which was 
 formerly a question reserved for state action, and for state action 
 alone, was brought within the field of federal authority." 
 
 243. Purpose and Classes of Prohibitions on Government. Methods 
 — Prohibitions have been placed by the Constitution of ^^^ ^^^^ 
 the United States upon the different governments of this ends. 
 country for three separate purposes : (i) to prevent all 
 action by any government on certain subjects; (2) to 
 protect the states or individuals from interference by the 
 national government; (3) to keep the states from infring- 
 ing upon the powers given to the central government and 
 demanding concerted action. The first object is obtained 
 by prohibiting both to the national and the state govern- 
 ments the granting of titles of nobility, the passing of bills 
 of attainder, and ex post facto laws on criminal subjects or 
 
210 
 
 The American Federal State 
 
 For the sake 
 of the central 
 government 
 and citizens. 
 
 Hinsdale, 
 ^ 434-445- 
 
 For protec- 
 tion of 
 individuals. 
 
 Hinsdale, 
 ^ 559-568, 
 624-631. 
 
 Cf. §§ 558- 
 560. 
 
 laws recognizing slavery. The second is gained by direct 
 prohibitions or limitation upon the United States govern- 
 ment; the third by prohibitions upon the states in the 
 national Constitution. The sphere of activity from which 
 all governments are excluded may be further enlarged by 
 uniform action among the states. If, for instance, a cer- 
 tain subject belongs entirely to the states, and all the state 
 constitutions agree in prohibiting legislation on that sub- 
 ject, or in permitting legislation only under certain limita- 
 tions, that subject is then as much outside the control of 
 government as is the granting of titles of nobility. 
 
 244. Prohibitions on the States. — That most of the pro- 
 hibitions upon the states alone are for the purpose stated 
 above is shown by the fact that in many cases the prohibi- 
 tion may be removed with the consent of Congress. States 
 may not make treaties or compacts with other states or 
 foreign nations, may not have a navy or army in time of 
 peace, or lay imposts ordinarily, but they may, theoreti- 
 cally, do the last if Congress is willing. The states are 
 absolutely forbidden to coin money, emit bills of credit, 
 make anything but gold or silver a tender in the payment 
 of debts, or pass a law impairing the obligation of con- 
 tracts. Neither may they countenance involuntary servi- 
 tude, except for the punishment of crime, nor deny the 
 franchise to any one because of race, color, or previous 
 condition of servitude. Finally, they may not abridge the 
 privileges or immunities of citizens of the United States noi 
 deprive any person of life, liberty, or property without due 
 process of law. 
 
 245. Prohibitions on the United States Government. — 
 The most significant prohibitions placed by the Constitu- 
 tion upon the national government exclusively are for the 
 protection of the individual. Congress is not allowed to 
 define treason, for a definition of that all-important word 
 is placed in the Constitution itself. General search war- 
 rants are forbidden, and the trial of an accused person is 
 hedged about by minute provisions, that seek to give him 
 
General Character of American Federalism 21 1 
 
 every chance to prove his innocence, and without delay. 
 According to the Constitution no one can be " deprived of 
 life, liberty, or property without due process of law, nor 
 shall private property be taken for public use without just 
 compensation." Neither is the privilege of the writ of 
 habeas corpus to be suspended except in case of great 
 danger. Congress cannot make a law that abridges free- 
 dom of speech, the freedom of the press, or the right of 
 assembling or of petition. Religious tests are never to be 
 required of United States officials, and Congress is not 
 permitted to establish a state religion nor interfere with 
 religious freedom. 
 
 There are other prohibitions or limitations less closely To guard 
 related to individual liberty, but intended rather to guard *^® "S^ts of 
 the states against discriminating legislation. No export 
 duty can be levied by Congress, all duties on imports ^^^^ ^ q' 
 are to be uniform throughout the United States, and no 429-432. 
 commercial preference is to be given one state over another. 
 When a direct tax is levied, it must be in proportion to the 
 population as given in the last census. The danger of a 
 military despotism is, as far as possible, avoided by the 
 double provision that appropriations for an army cannot 
 be made for a period longer than two years, and that no 
 money can be drawn from the treasury except as appro- 
 priated by law. 
 
 246. Interdependence of the National and State Govern- They are 
 jnents. — While the spheres of national and state govern- ^f the^fame 
 ments overlap in some particulars, on the whole they deal sovereign. 
 with essentially different and mutually exclusive fields of Federalist, 
 activity. The state government is supreme within most Nos. XLV, 
 of its sphere, the national government is supreme within all 
 of its sphere, and yet neither is supreme in the sense that ^ryce, 233- 
 it is sovereign. Each is an agent carrying out the will of 
 the real sovereign — the people of the United States. As 
 each does certain things for the sovereign that the other 
 cannot do, neither can exist by itself : they are mutually 
 dependent. This interdependence is shown in many ways. 
 
212 
 
 The American Federal State 
 
 «jse oi the 
 state gov- 
 ernments for 
 national 
 purposes. 
 
 Each acts 
 upon indi- 
 viduals. 
 
 Nature of 
 citizenship 
 in the United 
 States. 
 
 As just mentioned, the work of the Federal State can be 
 accomplished by neither government alone. On account of 
 the difference in the task set each, one cannot become sub- 
 ordinate to the other, i.e. the national government cannot 
 become the agent of the states, nor the states mere admin- 
 istrative subdivisions of the nation, with their governments 
 under the control of the central government, without 
 destroying the Federal State as we know it. 
 
 The national government makes use of the states, or of 
 the state governments, in the choice of many of its impor- 
 tant officers, especially the senators; and the states may 
 prevent the election of these officials, and might, by con- 
 certed action, make the organization of the national gov- 
 ernment impossible. But the bare fact that even in the 
 most critical period of our history this has not been done, 
 shows rather an actual dependence of the state upon the 
 nation. Election must occur in localities for all the mem- 
 bers of Congress, and, under the circumstances, the states 
 were the best suited for this purpose as well as for altera- 
 tion in the fundamental law of the land — the Constitution. 
 
 The interdependence of the state and the national gov- 
 ernments, with the lack of subordination of one to the 
 other, is apparent when we consider that each acts upop 
 individuals, and does not use the machinery of the other. 
 For example, if an individual infringes upon state law, he 
 is punished directly by the agents of the state; if he vio- 
 lates national law, the national government does not call in 
 state aid, but looks after the matter itself. In the same 
 way national taxes are collected by national officials, state 
 taxes by administrative agents of the state. So the national 
 government and the system of state governments is each 
 complete in itself for certain purposes, but incomplete 
 without the other for the great purpose it subserves — the 
 government of the Federal State. 
 
 247. Dual Character of American Citizenship. — Since the 
 individual is subject to the state government in certain 
 matters, and has certain rights guarded by that govern- 
 
General Character of American Federalism 213 
 
 ment, while he has different rights and obligations under 
 the national government, it is customary to speak of the 
 dual character of his citizenship. He is said to be a 
 citizen of the United States, and also a citizen of a 
 state. 
 
 There has been during our history a great deal of contro- Controversy 
 versy over this subject of citizenship. Those who held over the sub- 
 
 ^ •' ^ . lect before 
 
 that the states were sovereign, and that the Constitution ises. 
 
 was a compact, claimed of course that citizenship was only -j-jg^^ej^an 
 
 of the state, that there could not be such a thing as citizen- Unwritten 
 
 ship of the United States, and that the term ** citizen of the ^°"f °^ 
 ^ U.S. 93-97. 
 
 United States," which occurred in the Constitution, was 
 merely a convenient way of speaking of a citizen. The 
 other class held that there was a citizenship of the United 
 States distinct from citizenship of the state; but for three- 
 quarters of a century it never succeeded, judicially or other- 
 wise, in clearly defining its position. Before the Civil 
 War there can be no doubt that the vast majority of the 
 people held the state citizenship to be above that of the 
 United States, if, in fact, they admitted that there was such 
 a thing as the latter. 
 
 248. Citizenship as defined in Fourteenth Amendment.— TheXiv 
 The needs of the reconstruction period led Congress to pro- amendment 
 
 ^ ° and Its mter- 
 
 pose a constitutional amendment, whose purpose was to pretation. 
 recognize the freedmen as citizens, and protect them as such j^^^j^an, j. 
 from the state governments. The amendment stated that ^.^vaP.s.Q. 
 "all persons born or naturalized in the United States, and ^ (^89°). 
 subject to the jurisdiction thereof, are citizens of the United 
 States and of the states wherein they reside. No state Ji^_^^^^^^ 
 shall make or enforce any law which shall abridge the privi- 
 leges or immunities of citizens of the United States; nor 
 shall any state deprive any person of life, liberty, or prop- 
 erty without due process of law; nor deny to any person 
 within its jurisdiction the equal protection of the laws." 
 There was no longer any doubt of the dual character of 
 citizenship, and the order shows that United States citizen- 
 ship was not less important than state citizenship. But 
 
214 
 
 The American Federal State 
 
 what were the "privileges and immunities of citizens of 
 the United States" which the states were forbidden to 
 abridge? Did they include everything specified in the 
 Civil Rights Bill of 1866 (§ 208), as the debates in Con- 
 gress would lead one to expect, or was the object of the 
 amendment merely to place beyond doubt the reality of 
 United States citizenship, and not to increase the powers 
 of the national government over civil rights ? It was a 
 momentous question affecting the very nature of federal 
 ism and the integrity of the states as such, for if the 
 national sphere was to be so greatly enlarged, the balance 
 between the nation and the states could hardly be longer 
 maintained. The authoritative interpretation of the first 
 sections of the amendment was given by the Supreme Court 
 in the Slaughter House Cases (1873). The majority of the 
 justices held the conservative view that the powers of 
 Congress had not been increased. 
 
 The opinion 
 of the court. 
 
 Thayer, 
 Cases in 
 Const' I Law, 
 I. 51^531. 
 
 249. Significance of the Decision in the Slaughter House 
 
 Cases. — The opinion of the court declares that before 1868 "the 
 entire domain of the privileges and immunities of citizens of the states 
 [with exceptions mentioned], as above defined, lay within the consti- 
 tutional and legislative power of the states and without that of the 
 federal government. Was it the purpose of the fourteenth amend- 
 ment, by the simple declaration that no state shall make or enforce 
 any law which shall abridge the privileges and immunities of citizens 
 of the United States, to transfer the security and protection of all the 
 civil rights which we have mentioned, from the states to the federal 
 government ? " " When, as in the case before us, these consequences 
 [of giving the national government full control of civil rights] are so 
 serious, so far reaching and pervading, so great a departure from the 
 structure and spirit of our institutions ; when the effect is to fetter and 
 degrade the state governments by subjecting them to the control of 
 Congress, in the exercise of powers heretofore universally conceded to 
 them of the most ordinary and fundamental character; when in fact 
 it radically changes the whole theory of the relations of the state and 
 federal governments to each other and of both these governments to 
 the people; the argument has a force that is irresistible, in the absence 
 of language which expresses such a purpose too clearly to admit of 
 doubt. 
 
General Character of American Federalism 215 
 
 " We are convinced that no such results were intended by the Con- 
 gress which proposed these amendments, nor by the legislatures of the 
 states which ratified them." 
 
 The decision of the court based upon this opinion has never been 
 overruled. 
 
 Four justices dissented from this opinion, holding that if the amend- 
 ment did not alter the relation of the nation to the states, but merely 
 declared what the law was, " it was a vain and idle enactment which 
 accomplished nothing and most unnecessarily excited Congress and the 
 people on its passage. With the privileges and immunities therein 
 designated or implied no state could ever have interfered by its laws, 
 and no new constitutional provision was required to inhibit such inter- 
 ference." 
 
 In this connection the opinion of Professor Burgess (^Political Sci- 
 ence and Comparative Constitutional Law, I, 225) is worthy of quota- 
 tion. " I say that if history has taught anything in political science, it 
 is that civil liberty is national in its origin, content and sanction. I 
 now go further, and I affirm that if there is but a single lesson to be 
 learned from the specific history of the United States, it is this. Sev- 
 enty years of debate and four years of civil war turn substantially upon 
 this issue, in some part or other; and when the nation triumphed in the 
 great appeal to arms, and addressed itself to the work of readjusting 
 the forms of law to the now undoubted conditions of fact, it gave its 
 first attention to the nationalization in constitutional law of the domain 
 of civil liberty. There is no doubt that those who framed the thirteenth 
 and fourteenth amendments intended to occupy the whole ground 
 and thought they had done so. The opposition charged that these 
 amendments would nationalize the whole sphere of civil liberty; the 
 majority accepted the view; and the legislation of the Congress for their 
 elaboration and enforcement proceeded upon that view." 
 
 250. United States Citizenship. — For better or for worse, 
 we have then a distinction between a citizen of a state and 
 a citiz^ of the United States. If persons are born in the 
 United States and subject to its laws, they are citizens of 
 the United States and of the state where they reside. If 
 they are naturalized according to the laws of the United 
 States, they are likewise citizens. A citizen of one state 
 who moves to another state becomes, from that fact, a citi- 
 zen of the second state ; and a person who is a citizen of 
 the United States, and not living in any state, is a citizen 
 of the United States, without being a citizen of a state. So 
 
 Dissenting 
 opinions. 
 
 Prof. Bur- 
 gess's view o{ 
 the decision. 
 
 Burgess, Pol. 
 Science, I, 
 224-230. 
 
 Status of 
 citizens. 
 
2i6 The American Federal State 
 
 a citizen of a state is always a citizen of the United States, 
 but the reverse is not necessarily true. 
 Privileges of What are the " privileges and immunities of citizens 
 
 UnitedStates ^f ^j^^ United States"? We should expect them to be the 
 citizenship. ^ 
 
 rights that the citizen has within the sphere belonging to 
 
 the United States government, and such is the case. In 
 the same Slaughter House Cases the Supreme Court has 
 enumerated some of these: "The right of the citizen of 
 this great country, protected by implied guarantees of its 
 Constitution, ' to come to the seat of government to assert 
 any claim he may have upon that government, to transact 
 any business he may have with it, to seek its protection, to 
 share its offices, to engage in administering its functions. 
 He has the right of free access to its seaports, through 
 which all operations of foreign commerce are conducted, to 
 the sub-treasuries, land offices, and courts of justice in the 
 several states.' . . . 
 
 "Another privilege of a citizen of the United States is 
 to demand the care and protection of the federal govern- 
 ment over his life, liberty, and property when on the high 
 seas or within the jurisdiction of another government. 
 . . . The right to peaceably assemble and petition for 
 redress of grievances, the privilege of the writ of habeas 
 corpus, are rights of the citizen guaranteed by the federal 
 Constitution. The right to use the navigable waters of the 
 United States, however they may penetrate the territory of 
 the several states, all rights secured to our citizens by 
 treaties with foreign nations, are dependent upon citizen- 
 ship of the United States, and not citizenship of a state. 
 ... A citizen of the United States can, of his own voli- 
 tion, become a citizen of any state of the Union by a bona 
 fide residence therein, with the same rights as other citi- 
 zens of that state. To these may be added the rights se- 
 cured by the thirteenth and fifteenth articles of amendment 
 and by the other [part of first] clause of the fourteenth." 
 Some rights 251. State Citizenship. — ^ While no state can create citi- 
 
 of state ^ ^ . 1 r • • 
 
 citizenship, zenship by its laws, the larger part of the rights of citizens 
 
General Character of American Federalism 217 
 
 are left to the supervision of the state governments, just as 
 the sphere of state activity is larger than that of the central 
 government. It would be difficult to enumerate all of these 
 rights, but among the most important are protection by the 
 state government in matters over which it has control, right 
 to life, liberty, and property, except as restrained for the 
 general good, right to make contracts, to sue and be sued, 
 to inherit, purchase, lease, hold, and dispose of real or 
 personal property, exemption from unjust taxation or un- 
 usual fines or penalties. 
 
 The fratichise is not a right of citizenship. It is a politi- Voters and 
 cal privilege conferred by a state upon such of its mem- "Wizens, 
 bers as it deems fit to exercise such a privilege. Voters 
 and citizens are not the same. There are usually more of 
 the latter, but a state may confer the right of suffrage 
 upon aliens if it wishes. It may also give the alien the 
 rights of state citizenship, though it cannot make him a 
 citizen. 
 
 There are two important restrictions placed by the Constitu- 
 national Constitution upon the states in their dealings with *^°"^! ^^' 
 
 ^ ° stnctions 
 
 its citizens, (i) "The citizens of each state shall be en- of state 
 
 titled to all privileges and immunities of citizens in the citizenship. 
 
 several states." That does not mean that if a citizen of Cooiey, 
 
 New York becomes an actual resident of Alabama he is '^"^^ ^"'' 
 
 195-197. 
 entitled, under the laws of the latter, to any privileges 256-259. 
 
 he may have had in New York, but merely that Alabama 
 must give him all the rights she confers upon her own citi- 
 zens. She may not discriminate against him as she may 
 against an alien. (2) No state shall "deprive any person 
 of life, liberty, or property without due process of law, nor 
 deny to any person within its jurisdiction the equal protec- 
 tion^f the laws." The last clause is not intended to make 
 it impossible for a state to give a man more rights than 
 a child, but simply to see that the laws shall be applied 
 without injustice to any. 
 
 252. Naturalization. — As stated above, citizenship is ac- Acquired 
 quired by birth or naturalization. The courts at present citizenship. 
 
2l8 
 
 The American Federal State 
 
 Process of 
 naturaliza- 
 tion. 
 
 Hinsdale, \\ 
 383-385. 
 
 Brit, and 
 Amer. 
 Encyclope- 
 dia of Law 
 (2ded.),VI, 
 19-29. 
 
 Disappear- 
 ance of a 
 tendency to 
 worship the 
 Constitution. 
 
 The Consti- 
 tution as a 
 conservative 
 force. 
 
 hold that Indians on reservations are not "born in the 
 United States" in the sense intended, for they are, in a 
 peculiar sense, subject to our jurisdiction. But children 
 of aliens, like the Chinese, who cannot become naturalized, 
 may be citizens by virtue of birth in this country. Chil- 
 dren of American citizens who are born abroad are consid- 
 ered citizens, but their children are not unless the parents 
 (who were born abroad) reside for a time in this country. 
 
 According to our present naturalization laws, only per- 
 sons of the white and black races can be naturalized. For 
 this a residence of five years is necessary. First, the per- 
 son goes before any court of record and declares his inten- 
 tion of becoming a citizen; then, at the end of the five 
 years, provided it is two years after making the declara- 
 tion, he proves to the court that he has resided in this 
 country that length of time, swears to support the Constitu- 
 tion, and renounces allegiance to the State of which he was 
 formerly a citizen. His wife and children become citizens 
 without taking out separate papers. 
 
 253. The Permanence of American Federalism. — Although 
 Americans are justly proud of their national political insti- 
 tutions and the great document which provides for them, it 
 can be truthfully said that there is no longer a real " wor- 
 ship of the Constitution." This disappearance of blind 
 admiration is not to be regretted, as it enables us to dis- 
 criminate between the strong and weak points of our polit- 
 ical system, and makes it possible to look the situation 
 squarely in the face. Such frankness and honesty of judg- 
 ment are necessary, if we are to properly adapt our institu- 
 tions to changing conditions, so as to avoid future dangers. 
 
 From what has already been said, it is perfectly evident 
 that the United States is a prominent example of progress 
 in all lines of development. We saw in the introductory 
 chapter that unless the institutions of a country reflect the 
 changes which occur within it, the time will come when 
 change will be brought about by revolution. Is there not 
 danger that our national Constitution, which made the 
 
General Character of American Federalism 219 
 
 creation of a Federal State possible, and which has been 
 the great supporter of federalism for a century, may seek 
 to maintain a form of federalism our country has outgrown? 
 Unquestionably, the relative importance of the states and 
 the nation is not what it was a hundred years ago, or fifty 
 years ago. Nor will it be the same fifty years hence as it 
 is to-day. How does our Constitution provide that it may 
 not be outgrown? 
 
 Changes in the Constitution occur in several ways : by Amendment 
 actual amendment, by development of the unwritten con- ^[jJ^^qj^^"' 
 stitution, which modifies or supplements the original pro- 
 visions, and by different interpretations. With three 
 exceptions the changes since 1804 have been by the two 
 latter methods, but they are ill adapted to meet great crises. 
 The Constitution must, then, be amended by law or by 
 force. Fortunately for most cases, but unfortunately for 
 others, the legal process of amendment is very difficult. 
 
 Amendments may be proposed by two-thirds of both Dangers in 
 houses of Congress or by a convention called at the wish of Qf ^eyjsion 
 two-thirds of the state governments. They are part of the 
 Constitution when ratified by legislatures or conventions ^^J ^sdmce, 
 in three-fourths of the states. Now, it is possible for an 1, 143-154- 
 amendment to be defeated by states that in 1900 had less 
 than one-twentieth of the population of the United States, 
 and it would not be possible to legally abolish equality in 
 the Senate if fifty thousand people objected. To admit 
 that overwhelming majorities demanding national reform 
 would be balked by such numbers, is absurd. On the other 
 hand, amendments might be passed by states whose popu- 
 lation was in 1900 but forty-five per cent of that of the 
 whole country. The danger that a minority should alter 
 the fundamental law is not great, but these very illustra- 
 tions show that constitutional amendment at the present 
 time does not seem capable of giving the Constitution 
 sufficient flexibility. 
 
 254. Conditions affecting Federalism. — As it is ordinarily 
 useless, and often dangerous, to assume the role of prophet, 
 
220 
 
 The American Federal State 
 
 Commercial 
 and indus- 
 trial condi- 
 tions. 
 
 New 
 
 international 
 
 conditions. 
 
 we may simply consider one or two things that may affect 
 federalism in the future. Commerce has had much to 
 do in consolidating States, and is the most important bond 
 between nations. It tends to become more rather than 
 less important. Industry, with its great concentration of 
 capital in recent years, is aiding commerce in the United 
 States to break down state lines. Uniform policies are 
 becoming more and more necessary in different common- 
 wealths, and the need of uniform policies in 1787 produced 
 the federal Union. 
 
 So far in our history our foreign relations have not been 
 important, but it is hardly possible that our altered position 
 of recent years shall not bring us into close touch with 
 powerful members of the family of great nations. To con- 
 duct foreign affairs with skill we must sacrifice, to some 
 extent, the democratic idea of government by the people 
 and the federal idea of division of power. In other words, 
 international success may depend on great centralization 
 of power in unfettered officials, chosen not because they 
 represent the people, but because of unquestioned capacity. 
 
 There are so many things about which the feeling to-day 
 is so much more national than it was half a century ago 
 that it is unnecessary to enumerate them. If the states 
 will voluntarily adopt more uniform laws on such subjects 
 as marriage and divorce, holding and taxation of property, 
 definition and punishment of crimes, and regulation of 
 corporations, national control will be less necessary; but 
 radical differences in state law and procedure will be less 
 readily overlooked in the future. Only that future can 
 decide whether the United States is "an indestructible 
 union of indestructible states," as we fondly hope; but 
 we can predict, with some degree of confidence, that many 
 decades hence the powers of sovereignty exercised by the 
 national and the state governments will not be essentially 
 different from those exercised by each at the present; 
 that is, there seems good reason to believe that in this 
 country federalism will be permanent. 
 
General Character of American Federalism 221 
 
 QUESTIONS AND REFERENCES 
 Centralization and Federalism (§§ 232-237) 
 
 a. Centralization in France. Historical : Adams, European History^ 
 212-224, 337, 355-364; Wilson, The State, §§ 351-397; Lacombe, 
 The Growth of a People, 108-167. 
 
 b. Government: Wilson, §§ 398-475; Burgess, Political Science, 
 II, 94-105, 1 31-152, 288-306, 352-355; Lowell, Governments and 
 Parties in Continental Europe, I, I-65 ; Goodnow, Comparative Ad- 
 ministrative Law, I, 83-88, 266-294. 
 
 1. Show how force, voluntary union, and gradual consolidation aided 
 in centralization in Great Britain; in France; in the United States, 
 
 2. Compare the political centralization of England and France with 
 that of the United States. To what extent are the counties of Eng- 
 land and the departments of France free from control by the central 
 government ? 
 
 3. Mention two or three subjects besides suffrage in which state 
 action has been better than national law would have been, and try 
 to show why. 
 
 4. Name instances where the innovations by the states have been a 
 disadvantage to the United States. Is complete state autonomy more 
 or less desirable than fifty years ago, i.e. is local self-government 
 more or less necessary in later than in earlier stages of a country's 
 growth ? 
 
 5. If a treaty is part of the "supreme law of the land," should it 
 not be administered by national officials or enforced by national courts ? 
 If so, cannot the national government infringe upon the rights of the 
 states ? Are the rights of aliens properly or entirely under state con- 
 trol ? Would a constitutional amendment be necessary to give our 
 central government power to enforce every provision of all treaties ? 
 
 The Nation and the States (§§ 238-246) 
 
 a. Make a comparative study of the distribution of powers in coun- 
 tries having dual governments, consulting Crane and Moses, Politics, 
 253-264 (general); V^oo\%t.y, Political Science, II, 166-258; Wilson, 
 The State, §§ 489-557, 636-728, 1016-1022; Freeman, Federal Gov- 
 ernment in Greece ; Vincent, State and Federal Government in Swit- 
 zerland, chap. Ill; Moses, Federal Government in Switzerland, chap. 
 Ill; Beach, " The Australian Constitution," Political Science Quarterly, 
 XIV, 663-680; Hart, Federal Government (United States, Switzerland, 
 Germany, Canada). 
 
222 The American Federal State 
 
 1. Compare the distribution of power between the central govern* 
 ment and the states in the United States, Canada, and Australia. 
 Where are the "residuary" powers in each case ? 
 
 2. Mention several instances of the use of implied powers by the 
 national government. Can Congress constitutionally build a bridge 
 across the Delaware River ? Give your reasons in full. 
 
 3. Name all the exclusive powers of Congress you can think of 
 which are not denied to the states. 
 
 4. If a new national Constitution were to be framed this year, what 
 additional powers, if any, should be granted Congress, in your opinion ? 
 
 5. Should the powers concurrently exercised by the nation and the 
 states be increased or decreased in number, and why ? 
 
 6. Prove that the sphere of state activity is larger than it was a hun- 
 dred years ago, or show that the statement is untrue. What powers, 
 if any, have been transferred from the states to the nation during the 
 nineteenth century ? 
 
 7. Study the history of the provision that prohibits the states from 
 passing laws impairing the obligation of contracts. Why was it in- 
 serted in the Constitution ? how has the clause been interpreted, and 
 what influence has it had? 
 
 American Citizenship (§§ 247-254) 
 
 a. Constitutional amendment. England: ^'-dson. The State, %(^\*j\ 
 Burgess, Political Science, I, 138-141. France : Wilson, §§ 399, 410, 
 411; Burgess, I, 168-173. Germany: Wilson, § 499; Burgess, I, 
 
 155-167. 
 
 b. United States, National: Wilson, §§ 1262, 1264; Burgess, I, 
 142-154; State : Wilson, §§ 1101-1107; Bryce, 302-304; Cleveland, 
 Democracy, 111-126; Texts of Constitutions, in A, A. A.; some in 
 Statesman's Year Book; "State Constitutions," in Poore's Charters 
 and Constitutions, 2 volumes. 
 
 1. Name some of the civil rights now under the control of the states 
 that would have been given Congress had the Slaughter House Cases 
 been decided the other way. Has the decision in these cases been ac- 
 cepted by the country as correct ? why? Will the decision in the 
 end aid or injure Federalism? why? 
 
 2. Tell whether the rights of a citizen would be protected in the 
 following cases because of state or United States citizenship. Give 
 reasons, (a) In inheriting property; (b) if injured in China; («r) if 
 on trial for forging a note; (^) when attempting to make another 
 keep a contract; (^) if condemned to be hanged for stealing some- 
 thing to eat; (/) if denied right to testify in a civil suit; {g) if de- 
 
General Character of American Federalism 223 
 
 frauded by an agent; (A) if tried without a jury for treason; {i) if 
 denied the privilege of the writ of habeas corpus in time of peace; 
 (_;■) if taxed by a state for importing goods; {k) when seeking to gain 
 money due from an employer. 
 
 3. How would the method of amending the Constitution probably 
 be different if a new one were to be adopted by a new convention at 
 the present time ? WTiy is the clause referring to amendment the 
 most important one of the Constitution ? 
 
 4. Is any country ever governed wholly by the people li\'ing at any 
 particular time ? Should it be ? If the latter, why is a country bound 
 to follow the method of constitutional amendment adopted by a pre- 
 vious generation ? Is there greater danger of being too conservative 
 or too radical ? 
 
CHAPTER XI 
 
 THE SENATE 
 General References 
 
 Hinsdale, American Government, 160-193. 
 
 Bryce, American Cojnmonwealth (abd. ed.), 71-93. 
 
 Hamilton, Madison, and Jay, The Federalist, Nos. LXII-LXVI. 
 
 Story, Cofumentaries, chaps. VIII, X-XIII. 
 
 Wilson, Congressional Government, 193-241. Professor Wilson's e& 
 say gives a very striking account of the workings of Congress. 
 Written vi^hen executive influence was not great. Favors Eng- 
 lish system. 
 
 McConachie, Congressional Committees, 259-348. An inside view of 
 the way Congress does its business. 
 
 Meigs, Grozvth of the Constitution, 68-122. Resolutions of conven- 
 tion of 1787 on Senate classified. 
 
 Alton, Among the Law-makers. Gives, in popular form, accounts of 
 particular events which illustrate the methods and processes of 
 Congress. 
 
 Dawes, How We Are Governed. 
 
 Lalor's Cyclopedia. Articles by Spofford on '* Parliamentary Law," by 
 Johnston on " Senate," by Eaton on " Confirmation by the Senate," 
 and the articles on " Congress." 
 
 Periodical literature. Consult indexes under Senate and United States 
 Senate. 
 
 Reasons for 
 its bicameral 
 organization. 
 
 Story, Com- 
 mentaries, 
 
 kk 555-558, 
 562-570. 
 
 255. The Congress — According to the Constitution all 
 legislative power granted to the United States government 
 is vested in a Congress of two houses. These houses are 
 constituted in different ways, and represent, in theory, the 
 states and the people respectively. The upper house, or 
 Senate, is made up of two representatives from each state, 
 chosen by the legislature of that state, while the members 
 of the lower house are chosen in districts of nearly equal 
 
 224 
 
England. 
 
 General CJiaracter of Arnerica7i Federalism 209 
 
 the local governments; but in any case the control of the 
 state over all of them is exclusive and absolute. It is in 
 addition to the concurrent powers already mentioned. 
 
 The following passage from Wilson {The State, section 
 1095) shows clearly the importance of the state sphere : — 
 
 " A striking illustration of the preponderant part played by State A compari- 
 law under our system is supplied in the surprising fact that onlv son \srOn 
 one out of the dozen greatest subjects of legislation which have 
 engaged the public mind in England during the present century 
 would have come within the powers of the federal government 
 under the Constitution as it stood before the [Civil] War, only 
 two under the Constitution as it stands since the addition of the 
 war amendments. I suppose that I am justified in singling out as 
 these twelve greatest subjects of legislation the following: Catholic 
 emancipation, parliamentar}' reform, the aboHtion of slaver}', the amend- 
 ment of the poor laws, the reform of municipal corporations, the repeal 
 of the corn laws, the admission of Jews to Parhament, the disestabhsh- 
 ment of the Irish church, the alteration of the Irish land laws, the 
 establishment of national education, the introduction of the ballot, and 
 the reform of the criminal law. Of these, every one except the corn 
 laws and the abolition of slavery would have been under our system, 
 so far as they could be dealt with at all, subjects for state regulation 
 entirely; and it was only by constitutional amendment made in recog- 
 nition of the accomplished facts of the war that slavery', which was 
 formerly a question reserved for state action, and for state action 
 alone, was brought within the field of federal authority." 
 
 243. Purpose and Classes of Prohibitions on Government. Methods 
 
 — Prohibitions have been placed by the Constitution of 
 the United States upon the different governments of this ends. 
 country for three separate purposes : (i) to prevent all 
 action by any government on certain subjects; (2) to 
 protect the states or individuals from interference by the 
 national government; (3) to keep the states from infring- 
 ing upon the powers given to the central government and 
 demanding concerted action. The first object is obtained 
 by prohibiting both to the national and the state govern- 
 ments the granting of titles of nobility, the passing of bills 
 of attainder, and ex post facto laws on criminal subjects or 
 
 used to at- 
 tain these 
 
2IO 
 
 The American Federal State 
 
 For the sake 
 of the central 
 government 
 and citizens. 
 
 Hinsdale, 
 h\ 434-445- 
 
 For protec- 
 tion of 
 individuals. 
 
 Hinsdale, 
 kk SS9-S68, 
 624-631. 
 
 Cf. \k 558- 
 560. 
 
 laws recognizing slavery. The second is gained by direct 
 prohibitions or limitation upon the United States govern- 
 ment; the third by prohibitions upon the states in the 
 national Constitution. The sphere of activity from which 
 all governments are excluded may be further enlarged by 
 uniform action among the states. If, for instance, a cer- 
 tain subject belongs entirely to the states, and all the state 
 constitutions agree in prohibiting legislation on that sub- 
 ject, or in permitting legislation only under certain limita- 
 tions, that subject is then as much outside the control of 
 government as is the granting of titles of nobility. 
 
 244. Prohibitions on the States. — That most of the pro- 
 hibitions upon the states alone are for the purpose stated 
 above is shown by the fact that in many cases the prohibi- 
 tion may be removed with the consent of Congress. States 
 may not make treaties or compacts with other states or 
 foreign nations, may not have a navy or army in time of 
 peace, or lay imposts ordinarily, but they may, theoreti- 
 cally, do the last if Congress is willing. The states are 
 absolutely forbidden to coin money, emit bills of credit, 
 make anything but gold or silver a tender in the payment 
 of debts, or pass a law impairing the obligation of con- 
 tracts. Neither may they countenance involuntary servi- 
 tude, except for the punishment of crime, nor deny the 
 franchise to any one because of race, color, or previous 
 condition of servitude. Finally, they may not abridge the 
 privileges or immunities of citizens of the United States noi 
 deprive any person of life, liberty, or property without due 
 process of law. 
 
 245. Prohibitions on the United States Government. — 
 The most significant prohibitions placed by the Constitu- 
 tion upon the national government exclusively are for the 
 protection of the individual. Congress is not allowed to 
 define treason, for a definition of that all-important word 
 is placed in the Constitution itself. General search war- 
 rants are forbidden, and the trial of an accused person is 
 hedged about by minute provisions, that seek to give him 
 
General Character of American Federalism 211 
 
 every chance to prove his innocence, and without delay. 
 According to the Constitution no one can be "deprived of 
 life, liberty, or property without due process of law, nor 
 shall private property be taken for public use without just 
 compensation." Neither is the privilege of the writ of 
 habeas corpus to be suspended except in case of great 
 danger. Congress cannot make a law that abridges free- 
 dom of speech, the freedom of the press, or the right of 
 assembling or of petition. Religious tests are never to be 
 required of United States officials, and Congress is not 
 permitted to establish a state religion nor interfere with 
 religious freedom. 
 
 There are other prohibitions or limitations less closely To guard 
 related to individual liberty, but intended rather to guard *^^ "s^ts of 
 the states against discriminating legislation. No export 
 duty can be levied by Congress, all duties on imports .^^ ^ ^* 
 are to be uniform throughout the United States, and no 429-432. 
 commercial preference is to be given one state over another. 
 When a direct tax is levied, it must be in proportion to the 
 population as given in the last census. The danger of a 
 military despotism is, as far as possible, avoided by the 
 double provision that appropriations for an army cannot 
 be made for a period longer than two years, and that no 
 money can be drawn from the treasury except as appro- 
 priated by law. 
 
 246. Interdependence of the National and State Govern- They are 
 Jients. — While the spheres of national and state govern- 0° Jhe^fame 
 ments overlap in some particulars, on the whole they deal sovereign, 
 with essentially different and mutually exclusive fields of Federalist, 
 activity. The state government is supreme within most Nos. XLV, 
 of its sphere, the national government is supreme within all 
 of its sphere, and yet neither is supreme in the sense that ^ryce, 233- 
 it is sovereign. Each is an agent carrying out the will of 
 the real sovereign — the people of the United States. As 
 each does certain things for the sovereign that the other 
 cannot do, neither can exist by itself : they are mutually 
 dependent. This interdependence is shown in many ways. 
 
212 
 
 The American Federal State 
 
 «jse oi the 
 state gov- 
 ernments for 
 national 
 puiposes. 
 
 Each acts 
 upon indi- 
 viduals. 
 
 Nature of 
 citizenship 
 in the United 
 States. 
 
 As just mentioned, the work of the Federal State can be 
 accomplished by neither government alone. On account of 
 the difference in the task set each, one cannot become sub- 
 ordinate to the other, i.e. the national government cannot 
 become the agent of the states, nor the states mere admin- 
 istrative subdivisions of the nation, with their governments 
 under the control of the central government, without 
 destroying the Federal State as we know it. 
 
 The national government makes use of the states, or of 
 the state governments, in the choice of many of its impor- 
 tant officers, especially the senators; and the states may 
 prevent the election of these officials, and might, by con- 
 certed action, make the organization of the national gov- 
 ernment impossible. But the bare fact that even in the 
 most critical period of our history this has not been done, 
 shows rather an actual dependence of the state upon the 
 nation. Election must occur in localities for all the mem- 
 bers of Congress, and, under the circumstances, the states 
 were the best suited for this purpose as well as for altera- 
 tion in the fundamental law of the land — the Constitution. 
 
 The interdependence of the state and the national gov- 
 ernments, with the lack of subordination of one to the 
 other, is apparent when we consider that each acts upon 
 individuals, and does not use the machinery of the other. 
 For example, if an individual infringes upon state law, he 
 is punished directly by the agents of the state; if he vio- 
 lates national law, the national government does not call in 
 state aid, but looks after the matter itself. In the same 
 way national taxes are collected by national officials, state 
 taxes by administrative agents of the state. So the national 
 government and the system of state governments is each 
 complete in itself for certain purposes, but incomplete 
 without the other for the great purpose it subserves — the 
 government of the Federal State. 
 
 247. Dual Character of American Citizenship. — Since the 
 individual is subject to the state government in certain 
 matters, and has certain rights guarded by that govern- 
 
General Character of American Federalism 213 
 
 ment, while he has different rights and obligations under 
 the national government, it is customary to speak of the 
 dual character of his citizenship. He is said to be a 
 citizen of the United States, and also a citizen of a 
 state. 
 
 There has been during our history a great deal of contro- Controversy 
 versy over this subject of citizenship. Those who held over^^e sub- 
 
 '' -^ ject before 
 
 that the states were sovereign, and that the Constitution 1868. 
 
 was a compact, claimed of course that citizenship was only -pie^iejj^an 
 
 of the state, that there could not be such a thing as citizen- UnwHUm 
 
 ship of the United States, and that the term ''citizen of the ^°'^f °f 
 
 U.S. 93-97. 
 
 United States," which occurred in the Constitution, was 
 merely a convenient way of speaking of a citizen. The 
 other class held that there was a citizenship of the United 
 States distinct from citizenship of the state; but for three- 
 quarters of a century it never succeeded, judicially or other- 
 wise, in clearly defining its position. Before the Civil 
 War there can be no doubt that the vast majority of the 
 people held the state citizenship to be above that of the 
 United States, if, in fact, they admitted that there was such 
 a thing as the latter. 
 248. Citizenship as defined in Fourteenth Amendment. — The xiv 
 
 The needs of the reconstruction period led Congress to pro- , . . 
 
 ^ . o iT ^^^ j^g inter- 
 
 amendment 
 
 and its inti 
 
 pose a constitutional amendment, whose purpose was to pretation. 
 
 recognize the freedmen as citizens, and protect them as such j^^j^jj^^jj j 
 
 from the state governments. The amendment stated that ^.,vciP.s.Q, 
 
 "all persons born or naturalized in the United States, and ^ (1^90), 
 ^ . 104-123. 
 
 subject to the jurisdiction thereof, are citizens of the United 
 
 States and of the states wherein they reside. No state ^^^^ ^^-109 
 shall make or enforce any law which shall abridge the privi- 
 leges or immunities of citizens of the United States; nor 
 shall any state deprive any person of life, liberty, or prop- 
 erty without due process of law; nor deny to any person 
 within its jurisdiction the equal protection of the laws." 
 There was no longer any doubt of the dual character of 
 citizenship, and the order shows that United States citizen- 
 ship was not less important than state citizenship. But 
 
214 
 
 The American Federal State 
 
 what were the "privileges and immunities of citizens of 
 the United States" which the states were forbidden to 
 abridge? Did they include everything specified in the 
 Civil Rights Bill of 1866 (§ 208), as the debates in Con- 
 gress would lead one to expect, or was the object of the 
 amendment merely to place beyond doubt the reality of 
 United States citizenship, and not to increase the powers 
 of the national government over civil rights? It was a 
 momentous question affecting the very nature of federal 
 ism and the integrity of the states as such, for if the 
 national sphere was to be so greatly enlarged, the balance 
 between the nation and the states could hardly be longer 
 maintained. The authoritative interpretation of the first 
 sections of the amendment was given by the Supreme Court 
 in the Slaughter House Cases (1873). The majority of the 
 justices held the conservative view that the powers of 
 Congress had not been increased. 
 
 The opinion 
 of the court. 
 
 Thayer, 
 Cases in 
 Const' I Law, 
 I. 516-531. 
 
 249. Significance of the Decision in the Slaughter House 
 
 Cases. — The opinion of the court declares that before 1868 "the 
 entire domain of the privileges and immunities of citizens of the states 
 [with exceptions mentioned], as above defined, lay within the consti- 
 tutional and legislative power of the states and without that of the 
 federal government. Was it the purpose of the fourteenth amend- 
 ment, by the simple declaration that no state shall make or enforce 
 any law which shall abridge the privileges and immunities of citizens 
 of the United States, to transfer the security and protection of all the 
 civil rights which we have mentioned, from the states to the federal 
 government ? " " When, as in the case before us, these consequences 
 [of giving the national government full control of civil rights] are so 
 serious, so far reaching and pervading, so great a departure from the 
 structure and spirit of our institutions ; when the effect is to fetter and 
 degrade the state governments by subjecting them to the control of 
 Congress, in the exercise of powers heretofore universally conceded to 
 them of the most ordinary and fundamental character; when in fact 
 it radically changes the whole theory of the relations of the state and 
 federal governments to each other and of both these governments to 
 the people; the argument has a force that is irresistible, in the absence 
 of language which expresses such a purpose too clearly to admit of 
 doubt. 
 
General Character of American Federalism 215 
 
 Dissenting 
 opinions. 
 
 Prof. Bur- 
 gess's view of 
 the decision. 
 
 Burgess, Pol. 
 Science, I, 
 224-230. 
 
 *' We are convinced that no such results were intended by the Con- 
 gress which proposed these amendments, nor by the legislatures of the 
 states which ratified them." 
 
 The decision of the court based upon this opinion has never been 
 overruled. 
 
 Four justices dissented from this opinion, holding that if the amend- 
 ment did not alter the relation of the nation to the states, but merely 
 declared what the law was, " it was a vain and idle enactment which 
 accomplished nothing and most unnecessarily excited Congress and the 
 people on its passage. With the privileges and immunities therein 
 designated or implied no state could ever have interfered by its laws, 
 and no new constitutional provision was required to inhibit such inter- 
 ference." 
 
 In this connection the opinion of Professor Burgess {Political Sci- 
 ence and Comparative Constitutional Law, I, 225) is worthy of quota- 
 tion. " I say that if history has taught anything in political science, it 
 is that civil liberty is national in its origin, content and sanction. I 
 now go further, and I affirm that if there is but a single lesson to be 
 learned from the specific history of the United States, it is this. Sev- 
 enty years of debate and four years of civil war turn substantially upon 
 this issue, in some part or other ; and when the nation triumphed in the 
 great appeal to arms, and addressed itself to the work of readjusting 
 the forms of law to the now undoubted conditions of fact, it gave its 
 first attention to the nationalization in constitutional law of the domain 
 of civil Hberty. There is no doubt that those who framed the thirteenth 
 and fourteenth amendments intended to occupy the whole ground 
 and thought they had done so. The opposition charged that these 
 amendments would nationaHze the whole sphere of civil liberty; the 
 majority accepted the view; and the legislation of the Congress for their 
 elaboration and enforcement proceeded upon that view." 
 
 250. United States Citizenship. — For better or for worse, Status of 
 we have then a distinction between a citizen of a state and ^i*^^^"^- 
 a citizen of the United States. If persons are born in the 
 United States and subject to its laws, they are citizens of 
 the United States and of the state where they reside. If 
 they are naturalized according to the laws of the United 
 States, they are likewise citizens. A citizen of one state 
 who moves to another state becomes, from that fact, a citi- 
 zen of the second state; and a person who is a citizen of 
 the United States, and not living in any state, is a citizen 
 of the United States, without being a citizen of a state. So 
 
2l6 
 
 The American Federal State 
 
 Privileges of 
 United States 
 citizenship. 
 
 Some rights 
 of state 
 citizenstiip. 
 
 a citizen of a state is always a citizen of the United States, 
 but the reverse is not necessarily true. 
 
 What are the "privileges and immunities of citizens 
 of the United States "? We should expect them to be the 
 rights that the citizen has within the sphere belonging to 
 the United States government, and such is the case. In 
 the same Slaughter House Cases the Supreme Court has 
 enumerated some of these: "The right of the citizen of 
 this great country, protected by implied guarantees of its 
 Constitution, * to come to the seat of government to assert 
 any claim he may have upon that government, to transact 
 any business he may have with it, to seek its protection, to 
 share its offices, to engage in administering its functions. 
 He has the right of free access to its seaports, through 
 which all operations of foreign commerce are conducted, to 
 the sub-treasuries, land offices, and courts of justice in the 
 several states.' . . . 
 
 "Another privilege of a citizen of the United States is 
 to demand the care and protection of the federal govern- 
 ment over his life, liberty, and property when on the high 
 seas or within the jurisdiction of another government. 
 . . . The right to peaceably assemble and petition for 
 redress of grievances, the privilege of the writ of habeas 
 corpus, are rights of the citizen guaranteed by the federal 
 Constitution. The right to use the navigable waters of the 
 United States, however they may penetrate the territory of 
 the several states, all rights secured to our citizens by 
 treaties with foreign nations, are dependent upon citizen- 
 ship of the United States, and not citizenship of a state. 
 ... A citizen of the United States can, of his own voli- 
 tion, become a citizen of any state of the Union by a bona 
 fide residence therein, with the same rights as other citi- 
 zens of that state. To these may be added the rights se- 
 cured by the thirteenth and fifteenth articles of amendment 
 and by the other [part of first] clause of the fourteenth." 
 
 251. State Citizenship. — 'While no state can create citi- 
 zenship by its laws, the larger part of the rights of citizens 
 
General Character of American Federalism 217 
 
 are left to the supervision of the state governments, just as 
 the sphere of state activity is larger than that of the central 
 government. It would be difficult to enumerate all of these 
 rights, but among the most important are protection by the 
 state government in matters over which it has control, right 
 to life, liberty, and property, except as restrained for the 
 general good, right to make contracts, to sue and be sued, 
 to inherit, purchase, lease, hold, and dispose of real or 
 personal property, exemption from unjust taxation or un- 
 usual fines or penalties. 
 
 The fj-anchise is not a right of citizenship. It is a politi- Voters and 
 cal privilege conferred by a state upon such of its mem- "^i^^^ens. 
 bers as it deems fit to exercise such a privilege. Voters 
 and citizens are not the same. There are usually more of 
 the latter, but a state may confer the right of suffrage 
 upon aliens if it wishes. It may also give the alien the 
 rights of state citizenship, though it cannot make him a 
 citizen. 
 
 There are two important restrictions placed by the Constitu- 
 
 national Constitution upon the states in their dealings with t^°"^) ^^■ 
 
 ^ ° stnctions 
 
 its citizens, (i) "The citizens of each state shall be en- of state 
 
 titled to all privileges and immunities of citizens in the citizenship. 
 
 several states." That does not mean that if a citizen of Cooiey, 
 
 New York becomes an actual resident of Alabama he is '^"^^ ^™' 
 
 195-197. 
 entitled, under the laws of the latter, to any privileges 256-259. 
 
 he may have had in New York, but merely that Alabama 
 must give him all the rights she confers upon her own citi- 
 zens. She may not discriminate against him as she may 
 against an alien. (2) No state shall "deprive any person 
 of life, liberty, or property without due process of law, nor 
 deny to any person within its jurisdiction the equal protec- 
 tion of the laws." The last clause is not intended to make 
 it impossible for a state to give a man more rights than 
 a child, but simply to see that the laws shall be applied 
 without injustice to any. 
 
 252. Naturalization. — As stated above, citizenship is ac- Acquired 
 quired by birth or naturalization. The courts at present citizenship. 
 
2l8 
 
 The American Federal State 
 
 Process of 
 
 naturaliza- 
 tion. 
 
 Hinsdale, \\ 
 383-385. 
 
 Brit, and 
 Amer. 
 Encyclope- 
 dia of Law 
 (2ded.),VI, 
 19-29. 
 
 Disappear- 
 ance of a 
 tendency to 
 worship the 
 Constitution. 
 
 The Consti- 
 tution as a 
 conservative 
 force. 
 
 hold that Indians on reservations are not "born in the 
 United States" in the sense intended, for they are, in a 
 peculiar sense, subject to our jurisdiction. But children 
 of aliens, like the Chinese, who cannot become naturalized, 
 may be citizens by virtue of birth in this country. Chil- 
 dren of American citizens who are born abroad are consid- 
 ered citizens, but their children are not unless the parents 
 (who were born abroad) reside for a time in this country. 
 
 According to our present naturalization laws, only per- 
 sons of the white and black races can be naturalized. For 
 this a residence of five years is necessary. First, the per- 
 son goes before any court of record and declares his inten- 
 tion of becoming a citizen; then, at the end of the five 
 years, provided it is two years after making the declara- 
 tion, he proves to the court that he has resided in this 
 country that length of time, swears to support the Constitu- 
 tion, and renounces allegiance to the State of which he was 
 formerly a citizen. His wife and children become citizens 
 without taking out separate papers. 
 
 253. The Permanence of American Federalism. — Although 
 Americans are justly proud of their national political insti- 
 tutions and the great document which provides for them, it 
 can be truthfully said that there is no longer a real "wor- 
 ship of the Constitution." This disappearance of blind 
 admiration is not to be regretted, as it enables us to dis- 
 criminate between the strong and weak points of our polit- 
 ical system, and makes it possible to look the situation 
 squarely in the face. Such frankness and honesty of judg- 
 ment are necessary, if we are to properly adapt our institu- 
 tions to changing conditions, so as to avoid future dangers. 
 
 From what has already been said, it is perfectly evident 
 that the United States is a prominent example of progress 
 in all lines of development. We saw in the introductory 
 chapter that unless the institutions of a country reflect the 
 changes which occur within it, the time will come when 
 change will be brought about by revolution. Is there not 
 danger that our national Constitution, which made the 
 
Getteral Character of American Federalism 219 
 
 creation of a Federal State possible, and which has been 
 the great supporter of federalism for a century, may seek 
 to maintain a form of federalism our country has outgrown? 
 Unquestionably, the relative importance of the states and 
 the nation is not what it was a hundred years ago, or fifty 
 years ago. Nor will it be the same fifty years hence as it 
 is to-day. How does our Constitution provide that it may 
 not be outgrown? 
 
 Changes in the Constitution occur in several ways : by Amendment 
 actual amendment, by development of the unwritten con- gJiJ^^jQ^^"" 
 stitution, which modifies or supplements the original pro- 
 visions, and by different interpretations. With three 
 exceptions the changes since 1804 have been by the two 
 latter methods, but they are ill adapted to meet great crises. 
 The Constitution must, then, be amended by law or by 
 force. Fortunately for most cases, but unfortunately for 
 others, the legal process of amendment is very difficult. 
 
 Amendments may be proposed by two- thirds of both Dangers in 
 houses of Congress or by a convention called at the wish of ^f yg^ision 
 two-thirds of the state governments. They are part of the 
 Constitution when ratified by legislatures or conventions p^i science, 
 in three-fourths of the states. Now, it is possible for an 1, 143-154- 
 amendment to be defeated by states that in 1900 had less 
 than one-twentieth of the population of the United States, 
 and it would not be possible to legally abolish equality in 
 the Senate if fifty thousand people objected. To admit 
 that overwhelming majorities demanding national reform 
 would be balked by such numbers, is absurd. On the other 
 hand, amendments might be passed by states whose popu- 
 lation was in 1900 but forty-five per cent of that of the 
 whole country. The danger that a minority should alter 
 the fundamental law is not great, but these very illustra- 
 tions show that constitutional amendment at the present 
 time does not seem capable of giving the Constitution 
 sufficient flexibility. 
 
 254. Conditions affecting Federalism. — As it is ordinarily 
 useless, and often dangerous, to assume the role of prophet, 
 
220 
 
 The American Federal State 
 
 Commercial 
 and indus- 
 trial condi- 
 tions. 
 
 New 
 
 international 
 
 conditions. 
 
 we may simply consider one or two things that may affect 
 federalism in the future. Commerce has had much to 
 do in consolidating States, and is the most important bond 
 between nations. It tends to become more rather than 
 less important. Industry, with its great concentration of 
 capital in recent years, is aiding commerce in the United 
 States to break down state lines. Uniform policies are 
 becoming more and more necessary in different common- 
 wealths, and the need of uniform policies in 1787 produced 
 the federal Union. 
 
 So far in our history our foreign relations have not been 
 important, but it is hardly possible that our altered position 
 of recent years shall not bring us into close touch with 
 powerful members of the family of great nations. To con- 
 duct foreign affairs with skill we must sacrifice, to some 
 extent, the democratic idea of government by the people 
 and the federal idea of division of power. In other words, 
 international success may depend on great centralization 
 of power in unfettered officials, chosen not because they 
 represent the people, but because of unquestioned capacity. 
 
 There are so many things about which the feeling to-day 
 is so much more national than it was half a century ago 
 that it is unnecessary to enumerate them. If the states 
 will voluntarily adopt more uniform laws on such subjects 
 as marriage and divorce, holding and taxation of property, 
 definition and punishment of crimes, and regulation of 
 corporations, national control will be less necessary; but 
 radical differences in state law and procedure will be less 
 readily overlooked in the future. Only that future can 
 decide whether the United States is "an indestructible 
 union of indestructible states," as we fondly hope; but 
 we can predict, with some degree of confidence, that many 
 decades hence the powers of sovereignty exercised by the 
 national and the state governments will not be essentially 
 different from those exercised by each at the present; 
 that is, there seems good reason to believe that in this 
 country federalism will be permanent. 
 
General Cha^'acter of Am,erican Federalism 221 
 
 QUESTIONS AND REFERENCES 
 Centralization and Federalism (§§ 232-237) 
 
 a. Centralization in France. Historical : Adams, European History^ 
 212-224, 337, 355-364; Wilson, The State, §§ 351-397; Lacombe, 
 The Growth of a People, 108-167. 
 
 b. Government: Wilson, §§ 398-475; Burgess, Political Science^ 
 11,94-105, 131-132, 288-306, 352-355; Lowell, Gozernmeftts and 
 Parties in Continental Europe,!, I-65; Goodnow, Comparative Ad- 
 ministrative Law, I, 83-88, 266-294. 
 
 1. Show how force, voluntary vmion, and gradual consolidation aided 
 in centralization in Great Britain; in France; in the United States, 
 
 2. Compare the political centralization of England and France with 
 that of the United States. To what extent are the counties of Eng- 
 land and the departments of France free from control by the central 
 government ? 
 
 3. Mention two or three subjects besides suffrage in which state 
 action has been better than national law would have been, and try 
 to show why. 
 
 4. Name instances where the innovations by the states have been a 
 disadvantage to the United States. Is complete state autonomy more 
 or less desirable than fift}' years ago, i.e. is local self-government 
 more or less necessary in later than in earlier stages of a country's 
 growth ? 
 
 5. If a treaty is part of the "supreme law of the land," should it 
 not be administered by national officials or enforced by national courts ? 
 If so, cannot the national government infringe upon the rights of the 
 states ? Are the rights of aliens properly or entirely under state con- 
 trol ? Would a constitutional amendment be necessary to give our 
 central government power to enforce ever}' pro\asion of all treaties ? 
 
 The Nation and the States (§§ 238-246) 
 
 a. Make a comparative study of the distribution of powers in coun- 
 tries ha\'ing dual governments, consulting Crane and Moses, Politics^ 
 253-264 (general); \soQ\%tx, Political Science, II, 166-258; Wilson, 
 The State, §§ 489-557, 636-728, 1016-1022; Freeman, Federal Gov- 
 ernment in Greece ; Vincent, State and Federal Governm.ent in Swit- 
 zerland, chap. Ill; Moses, Federal Government in Switzerland, chap. 
 Ill; Beach, " The Australian Constitution," Political Science Quarterly, 
 XIV, 663-6S0; Hart, Federal Government (United States, Switzerland, 
 Germany, Canada). 
 
222 The Atnerican Federal State 
 
 1. Compare the distribution of power between the central govern- 
 ment and the states in the United States, Canada, and Australia. 
 Where are the "residuary" powers in each case ? 
 
 2. Mention several instances of the use of implied powers by the 
 national government. Can Congress constitutionally build a bridge 
 across the Delaware River ? Give your reasons in full. 
 
 3. Name all the exclusive powers of Congress you can think of 
 which are not denied to the states. 
 
 4. If a new national Constitution were to be framed this year, what 
 additional powers, if any, should be granted Congress, in your opinion ? 
 
 5. Should the powers concurrently exercised by the nation and the 
 states be increased or decreased in number, and why ? 
 
 6. Prove that the sphere of state activity is larger than it was a hun- 
 dred years ago, or show that the statement is untrue. What powers, 
 if any, have been transferred from the states to the nation during the 
 nineteenth century ? 
 
 7. Study the history of the provision that prohibits the states from 
 passing laws impairing the obligation of contracts. Why was it in- 
 serted in the Constitution ? how has the clause been interpreted, and 
 what influence has it had ? 
 
 American Citizenship (§§ 247-254) 
 
 a. Constitutional amendment, England: Wilson, 7'-4<f5/'«/'<?, § 917; 
 Burgess, Political Science, I, 138-141. France : Wilson, §§ 399, 410, 
 411; Burgess, I, 168-173. Germany: Wilson, § 499; Burgess, I, 
 
 155-167- 
 
 b. United States, National; Wilson, §§ 1262, 1264; Burgess, I, 
 
 142-154; State : Wilson, §§ 1101-1107; Bryce, 302-304; Cleveland, 
 Democracy, 111-126; Texts of Constitutions, in A. A. A.\ some in 
 Statesman's Year Book; "State Constitutions," in Poore's Charters 
 and Constitutions, 2 volumes. 
 
 1. Name some of the civil rights now under the control of the states 
 that would have been given Congress had the Slaughter House Cases 
 been decided the other way. Has the decision in these cases been ac- 
 cepted by the country as correct ? why? Will the decision in the 
 end aid or injure Federalism? why? 
 
 2. Tell whether the rights of a citizen would be protected in the 
 following cases because of state or United States citizenship. Give 
 reasons, (a) In inheriting property; {F) if injured in China; (r) if 
 on trial for forging a note; (^) when attempting to make another 
 keep a contract; (<f) if condemned to be hanged for stealing some- 
 thing to eat; (/) if denied right to testify in a civil suit; (^) if de- 
 
General Character of American Federalism 223 
 
 frauded by an agent; {K) if tried without a jury for treason; (t) if 
 denied the privilege of the writ of habeas corpus in time of peace; 
 (y ) if taxed by a state for importing goods; (Ji) when seeking to gain 
 money due from an employer. 
 
 3. How would the method of amending the Constitution probably 
 be different if a new one were to be adopted by a new convention at 
 the present time ? Why is the clause referring to amendment the 
 most important one of the Constitution ? 
 
 4. Is any country ever governed wholly by the people living at any 
 particular time ? Should it be ? If the latter, why is a country bound 
 to follow the method of constitutional amendment adopted by a pre- 
 vious generation ? Is there greater danger of being too conservative 
 or too radical ? 
 
CHAPTER XI 
 
 THE SENATE 
 General References 
 
 Hinsdale, American Government, 160-193. 
 
 Bryce, American Comm.onwealth (abd. ed.), 71-93. 
 
 Hamilton, Madison, and Jay, The Federalist, Nos= LXH-LXVI. 
 
 Story, Commentaries, chaps. VIII, X-XIII. 
 
 Wilson, Congressional Governf?ient, 193-241. Professor Wilson's es 
 say gives a very striking account of the workings of Congress. 
 W^ritten w^hen executive influence was not great. Favors Eng- 
 lish system. 
 
 McConachie, Congressional Committees, 259-348. An inside view of 
 the way Congress does its business. 
 
 Meigs, Groivth of the Constitution, 68-122. Resolutions of conven- 
 tion of 1787 on Senate classified. 
 
 Alton, Among the Lazv-makers. Gives, in popular form, accounts of 
 particular events which illustrate the methods and processes of 
 Congress. 
 
 Dawes, How We Are Governed. 
 
 Lalor's Cyclopedia. Articles by Spofford on " Parliamentary Law," by 
 Johnston on " Senate," by Eaton on " Confirmation by the Senate," 
 and the articles on "Congress." 
 
 Periodical literature. Consult indexes under Senate and United States 
 Senate. 
 
 Reasons for 
 its bicameral 
 organization. 
 
 Story, Com- 
 mentaries, 
 
 h\ 555-558, 
 562-570. 
 
 255. The Congress — According to the Constitution all 
 legislative power granted to the United States government 
 is vested in a Congress of two houses. These houses are 
 constituted in different ways, and represent, in theory, the 
 states and the people respectively. The upper house, or 
 Senate, is made up of two representatives from each state, 
 chosen by the legislature of that state, while the members 
 of the lower house are chosen in districts of nearly equal 
 
 224 
 
The Senate 225 
 
 population. The objects of having the Congress bicameral 
 are twofold: the one historical, the other practical. At 
 the time the Constitution was framed almost all of the 
 states had bicameral legislatures, and the English Parlia- 
 ment was made up of two houses. The convention there- 
 fore but followed Anglo-Saxon precedents. Yet it would 
 hardly have done so but for the decided advantage which 
 it was thought the two-chambered legislatures had over a 
 unicameral one. With the preference that then obtained 
 for checks and balances, the convention would probably 
 have favored two houses had they been constituted in the 
 same way; but as they were radically different in compo- 
 sition, and were thought to represent just as different inter- 
 ests, the value of two houses was admitted by practically 
 every member. Although there has not been the great 
 difference between the Senate and the House that most 
 expected, and while they have often blocked necessary 
 legislation, there is little doubt that we have had better 
 government and more perfect laws because all power was 
 not intrusted to one house. 
 
 256. The Bicameral Legislature in History. — It cannot be On the conti 
 truthfully said that the bicameral system is the most natural one, i^^^t 
 in spite of its almost universal use at the present time. Nearly C^^^op^J* 
 all of the continental countries had three houses or estates, as in Wilson, The 
 France, or four houses, as in Sweden, and the bicameral legislature State, ^§ 375, 
 has been adopted by them during this century because of its practical 794* 
 value. 
 
 When Edward I called his model parliament in 1295, — the first one In England, 
 worthy of the name, — there were four " estates " represented : the 
 nobility, the clergy, the lesser nobility or knights, and the burgesses or r ^ 848-8 ^^^ 
 townsmen. As the clergy' either abstained entirely from attending or 
 threw in their lot with the nobility, and the knights and burgesses 
 voted together, these four estates became in less than a century a 
 House of Lords and a House of Commons. 
 
 The first colonies were largely under the legislative control of a gov- In America. 
 emor and assistants. The people were first allowed a share in the 
 government, when they chose representatives who sat with the assist- 
 ants, and were consulted on certain matters. Gradually these two 
 bodies came to sit apart until, in 1787, Pennsylvania and Georgia were 
 
226 
 
 The American Federal State 
 
 Long and 
 short ses- 
 sions. 
 
 Special ses- 
 sions of 
 Congress. 
 
 Special ses- 
 sions of the 
 Senate. 
 
 the only ones that had a single chambered legislature, and each of 
 these added another house before 1791. All of the newer states have 
 had two houses from the beginning. As the Continental Congresses 
 were intended to be diplomatic bodies, they were not separated into 
 two parts, and their successor, the Congress of the Confederation, 
 though given power to make laws, was made up in the same way. 
 The failure of the Congress, as contrasted with the success of the legis- 
 latures in the states, did much to strengthen the desire for a national 
 legislature of two houses. So after it was decided to make a new con- 
 stitution, the convention was all but unanimous. 
 
 257. Sessions of Congress. — The life of each Congress is 
 the same as the term of a representative, or two years, and 
 they are numbered accordingly, as, e.g, the fifty-fifth Con- 
 gress began its career with March 4, 1897, and closed it on 
 March 4, 1899. It is very unusual for any Congress, how- 
 ever, to be in session more than half of that time. It has 
 two regular sessions, popularly known as the long session 
 and the short one. The long session begins at noon on the 
 first Monday of December in the odd years, and continues 
 until both houses agree to adjournment, which occurs 
 usually in the early part of the summer. The short session 
 begins on the first Monday of the following December, and 
 continues till the 4th of March. Congress may adjourn 
 sooner if the Senate and the House agree; but nowadays 
 that is never done, and the last days of the short session 
 are usually the busiest ones Congress ever has. On extraor- 
 dinary occasions the President calls an extra session by 
 issuing a proclamation, naming the date and setting forth 
 the reasons for his action. Congress may itself provide 
 for such an extra session between the regular ones by ad- 
 journing to a fixed date earlier than December. In case 
 the houses disagree as to the time of final adjournment, the 
 President may step in and set a date. 
 
 The Senate is always convened, usually without th^ 
 House, immediately after the inauguration of a President, 
 for the purpose of acting upon executive appointments. It 
 may also be called together in order to attend to treaties 
 of importance. 
 
The Senate 
 
 227 
 
 258. Provisions Common to Both Houses ; Privileges and 
 Disabilities of Members. — Article I of the Constitution makes the 
 following regulations for Congress and congressmen : — 
 
 "Section V. [i.] Each house shall be the judge of the elections, 
 returns, and qualifications of its own members ; and a majority of 
 each shall constitute a quorum to do business, but a smaller number 
 may adjourn from day to day, and may be authorized to compel the 
 attendance of absent members in such manner and under such penal- 
 ties as each house may provide. 
 
 2. " Each house may determine the rules of its proceedings, pun- 
 ish its members for disorderly behavior, and, with the concurrence of 
 two-thirds, expel a member. 
 
 3. " Each house shall keep a journal of its proceedings, and from 
 time to time publish the same, excepting such parts as may, in their 
 judgment, require secrecy; and the yeas and nays of the members of 
 either house on any question shall, at the desire of one-fifth of those 
 present, be entered on the journal. 
 
 4. "Neither house, during the session of Congress, shall, without 
 the consent of the other, adjourn for more than three days, nor to any 
 other place than that in which the two houses shall be sitting. 
 
 "Section VI. [i.] 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 ex- 
 cept treason, felony, and breach of the peace, be privileged from arrest 
 during their attendance at the session of their respective houses, and 
 in going to and returning from the same; and for any speech or debate 
 in either house they shall not be questioned in any other place. 
 
 2. "No senator or representative shall, during the time for which 
 he was elected, be appointed to any civil office under the authority of 
 the United States, which shall have been created, or the emoluments 
 whereof shall have been increased, during such time; and no person 
 holding any office under the United States shall be a member of either 
 house during his continuance in office." 
 
 259. Compensation of Members.— The members of Congress 
 under the Confederation were paid out of the state treasuries. This 
 increased their dependence on the legislatures, and, as they were sub- 
 ject to instruction and recall, made them mere delegates of the states. 
 The constitutional convention was composed of men who had almost 
 without exception served in the old Congress. They appreciated these 
 evils, and realized the need of making all persons connected with the 
 new United States government independent of the legislatures. There 
 was indeed a movement to have the members of Congress, like those 
 of Parliament, serve without pay, but this did not receive sufficient 
 
 Hinsdale, 
 
 hk 312-330. 
 
 Membership 
 
 and quorum. 
 
 Rules and 
 control of 
 members. 
 
 Journal. 
 
 Adjourn- 
 ment of one 
 house. 
 
 Compen- 
 sation and 
 privileges of 
 members. 
 
 Disabilities 
 of members. 
 
 The subject 
 in the con- 
 vention. 
 
 Meigs, 
 Growth of 
 Const., 96— 
 100. 
 
228 
 
 The American Federal State 
 
 Pay of public 
 officials in 
 democracies. 
 
 Pay of con- 
 gressmen 
 (1789-1910). 
 
 Hart, 
 
 Actual Gov't, 
 227-229. 
 
 Gauss, Am. 
 Gov't, 43-44- <5 
 
 support. Accordingly, the congressmen, judges, and civil officers were 
 to be paid from the national Treasury, and Congress, under certain 
 limitations, was to decide as to the amount. 
 
 All democratic communities have opposed small salaries for any 
 official or subordinate, and have always refused large salaries without 
 regard to the value of the service. While it may not be correct to say 
 that in the United States minor officials are overpaid, it cannot be 
 denied that the salaries for positions of prominence have been absurdly 
 low. This attempt to equalize salaries may be very democratic, but is 
 ruinous to good government ; for a person may be tempted to take a 
 public position either for the honor and the power it gives or for the 
 compensation. When the pay is but a small fraction of what a man of 
 the same intelligence would receive in other lines of work, and the 
 power wielded is very limited, men of mediocre talent only will give their 
 time for the public. If this continues for some time, whatever honor 
 may have attached to the position at the first gradually disappears. So 
 democracy, to satisfy an ideal, is very often content with poor servants. 
 
 The pay of congressmen at the present time is $ 7500 a year, with 
 extra allowance for travelling expenses, called " mileage " of ten cents 
 per mile to and from sessions. In 1789 the pay was ^6 a day. Later 
 it was ^8. The salary was placed at ^5000 in 1865. On the last day 
 of the forty-second Congress a bill was passed substituting $ 7500 for 
 $ 5000. This was a gift to each congressman, under the guise of pay 
 for the two previous years, because an increase of salary applies to the 
 existing Congress. So unpopular was this "grab act" that it was re- 
 pealed at once, and it was not until 1909 that an act was passed grant- 
 ing for all future congressmen ^7500 per year and increasing the 
 annual salaries of the speaker and the vice-president to ^12,000. Extra 
 compensation is given in the form of allowances for clerks, by free 
 delivery of mail on public business and by allowance of money for sta- 
 tionery and of large numbers of government publications and free 
 seeds. Although this compensation seems liberal to many constituents, 
 it will not cover expenses if the congressman's family resides in Wash- 
 ington. 
 
 Introduction 
 of bills. 
 
 Spofford, 
 A. R., in 
 Lalor, III, 
 71-94, esp. 
 75. 76. 
 
 260. Method of Legislation. — Congress exercises its 
 powers by passing through both houses (a majority of each 
 being present) bills or joint resolutions, which, when 
 signed by the President, become laws. The usual form 
 of a bill is : " Be it enacted by the Senate and House of 
 Representatives of the United States of America in Con- 
 gress assembled." A bill may be first passed by one house 
 
The Senate 229 
 
 and then considered in the other, or it may be introduced 
 simultaneously in both houses. If it is introduced by an 
 individual who is not, in doing this, representing a com- 
 mittee, it is read by title, and usually referred to the appro- 
 priate committee, who report upon it later or not as they 
 see fit. It is usually "killed in committee." When a bill 
 is reported by a committee, it has to be read in all three 
 times; and if there is any debate upon it, this debate and 
 the proposal of amendments takes place between the second 
 and third readings or after the third reading. 
 
 The vote upon a bill, or upon a motion, order, or reso- Methods of 
 lution, may be taken in one of three ways: (i) by calling noting. 
 for the ayes and noes, the presiding officer deciding by the 
 sound; (2) by a "division" or rising vote, when the mem- 
 bers are counted; and (3) by calling the roll of the mem- 
 bers of the House at the request of one-fifth of the members, 
 and entering the vote on the record. 
 
 When a bill has been passed by one house, it is signed by The bill after 
 the presiding officer and sent to the other, where it goes Passage by 
 through the same process, unless it has already done so. °''^ ^^'^^* 
 It is then sent to the President. If he signs it, or fails to 
 sign it, within ten days, provided Congress has not mean- 
 while adjourned, the bill becomes a law. If the President 
 disapproves the bill, he returns it, with his objections, to 
 the house in which it originated. 
 
 Professor Hinsdale gives (p. 2)Z'^, American Government) these Distinction 
 differences between bills, orders, and resolutions. He says: "A bill between bills, 
 is a form or draft of law presented to a legislative body, but not vet orders, and 
 enacted into law. . . . Mr. Jefferson thus distinguishes between an ^^^° ^tions. 
 order and a resolution. ' When the house commands, it is by an order. 
 But facts, principles, and their own opinions and purposes are expressed 
 in the form of resolutions.' Joint resolutions have the resolving clause, 
 * Resolved by the Senate and the House of Representatives.' Joint 
 resolutions are not distinguishable from bills, and are subject to the 
 same rules. Other forms of resolutions are resolutions by the separate 
 houses and concurrent resolutions. Were it not for this clause [Art. 
 I» § 7> cl. 3], Congress might defeat the operation of the preceding 
 one by calling its acts motions, votes, or resolutions, instead of bills." 
 
230 
 
 The American Federal State 
 
 Three kinds. 
 
 Lodge, Hist, 
 and Pol. 
 Essays, 169- 
 179. 
 
 Filibustering. 
 
 Bryce, loi- 
 103. 
 
 Opposition 
 within the 
 majority 
 party. 
 
 Disagree- 
 ment between 
 the houses. 
 
 Bryce, 140- 
 142. 
 
 261. Difficulties in passing Laws The usual difficulties 
 
 in passing bills are of three kinds: (i) they may occur 
 in either house when the bill is first under consideration; 
 (2) they frequently arise if the houses desire different 
 features for any bill; (3) they are caused by executive 
 veto. 
 
 In the first instance the opposition to a measure may 
 come either from the minority or the majority. The party 
 out of power seeks to hinder legislation or prevent it alto- 
 gether. This "filibustering" may take the form of calling 
 for the roll of members on unimportant amendments, 
 making lengthy speeches (in the Senate, which has never 
 adopted the "previous question"), and of remaining away 
 from the House so that a quorum is lacking. So effectively 
 did the last method succeed in blocking legislation in the 
 first weeks of the fifty-first Congress, that Speaker Reed 
 insisted upon counting as present Democratic members 
 who were in attendance, but did not vote. This rule is 
 now used by every House of Representatives. Thus the 
 lower house, which also employs the "previous question" 
 in order to stop discussion and bring a measure to a vote, 
 has excellent control of debate. 
 
 A bill may meet with the approval of but a portion of 
 the majority, and, if a party measure, its success depends 
 upon the ability of its framers to win over their associates. 
 This may be done by what is known as "log rolling," the 
 principle of '■ you help me with my bill and I will help you 
 with yours, ' or by calling a caucus, if the bill is very im- 
 portant, and obtaining an indorsement of the bill. This 
 enables the leaders to whip the refractory members into 
 line much more easily than would be possible without the 
 caucus; for members dislike to vote against their party 
 under such circumstances. 
 
 262. Conference Committees — Another difficulty, which 
 is often quite serious, may arise from a disagreement 
 between the two houses. A favorite measure of one may 
 be defeated by the other, or not even treated with consid- 
 
The Senate 231 
 
 eration, session after session. Amendments may be added McConachie^ 
 to a House bill by the Senate, or the reverse, which alter '-°'^s. Co,n- 
 its character or are objectionable for other reasons. When "'iT"' ^'^^~ 
 the m.easure is of sufficient importance to justify it, a con- 
 ference committee is appointed, made up of an equal 
 number from each house, who, if possible, agree upon a 
 compromise and seek to persuade their own chamber to 
 adopt the new bill. In the majority of cases this method 
 is successful, but on many important subjects even this has 
 failed to break the "deadlock." 
 
 263. Congress and the Veto. — In order to pass a bill Disagree- 
 over the President's veto it is necessary to secure a two- ^^^^ 
 thirds vote of the members present, the vote being taken co^J^e°s 
 by calling the roll and recording the ayes and nays. As a and the 
 two-thirds vote is not always easy to get, and as the reasons P^^^^^^^^^- 
 given by the executive have weight with at least a few of Hinsdale, 
 the members, it is unusual for either house to repass a 335-339- 
 vetoed bill, and more unusual for both houses to do so. ■^^^^' ^^3- 
 
 Those bills that are sent to the President during the last 
 ten days of Congress are subject to an absolute negative, 
 commonly known as the "pocket " veto. As they cannot 
 be returned within the ten days allowed, the Constitution 
 provides that they do not become laws unless actually 
 signed by the President. He can thus prohibit legislation 
 by simply ignoring it. This is a greater evil than it would 
 be but for the procrastinating spirit of Congress, which 
 often leaves one-quarter of the bills of a session to be 
 hurried through during these last ten days. 
 
 264. Composition of the Senate. — The most permanent its perma- 
 part of the Constitution is that which says that no state ^^^^^ ^^d 
 shall be deprived of equal representation in the Senate ^^^^^^^^• 
 without its own consent. Each state has two members 
 chosen by its legislature for a term of six years. One- 
 third of the senators retire every two years, so that at least 
 two-thirds are always old members, accustomed to the 
 work of the Senate and familiar with the routine of busi- 
 ness. As a matter of fact, reelection occurs so frequently, 
 
232 
 
 The American Federal State 
 
 especially in older states, that the proportion of new men 
 is usually less than one-quarter. This makes the Senate 
 seem like a permanent body, and yet all the time new life 
 and vigor is being infused into it. There is an element of 
 dignity and stability of the highest value in developing and 
 maintaining a continuous legislative policy, not unmindful 
 of public opinion, but little swayed by temporary influences. 
 These characteristics of the Senate especially adapt it to 
 the duties granted to it alone. 
 
 The British 
 House of 
 Lords. 
 
 Wilson, 
 The State, 
 kh 911-915- 
 
 The French 
 Senate. 
 
 Wilson, 
 §§ 406-409. 
 
 265 . The Upper House in Other Countries . — The second cham- 
 ber of the national legislature in Great Britain, France, and Germany 
 vary greatly in numbers, election, and power from each other, and 
 from the Senate of the United States. 
 
 The British House of Lords is made up of a number of different 
 elements. There are sixteen Scottish peers elected for a single Parlia- 
 ment by all the peers of Scotland. Ireland sends twenty-eight peers, 
 who are chosen for life. England and Wales are represented by cer- 
 tain archbishops and bishops and by about five hundred hereditary 
 peers. English peerages can be created at any time by the ministry. 
 The part taken by the Lords in ordinary business may be judged from 
 the necessary quorum of six members. As a matter of fact, about fif- 
 teen or twenty persons give their entire attention to the work of legis- 
 lation and control the affairs of the house. Since the Reform Bill of 
 1832 abolished the "rotten boroughs," which were owned by the peers, 
 the lower house has gradually usurped the place of the Lords, until now 
 the upper chamber would not dare to continuously oppose a measure 
 passed by the Commons and desired by the English people. 
 
 In France the Senate numbers three hundred members, chosen in 
 the departments for a term of nine years, one-third retiring every three 
 years. Election is from departments and is indirect, and the elec- 
 toral body is peculiar in that it is composed of the members to 
 the lower house — Chamber of Deputies — from that department, 
 and of what would correspond to our state legislatures and county 
 boards of supervisors. The number, term, and mode of election 
 of senators can be altered at any time by the passage of an ordi- 
 nary law. In legislation the Senate is much less important than 
 the Chamber of Deputies, although it has legally as great power as the 
 latter. It is seldom consulted by the ministers in outlining their pol- 
 icy, and when it has refused to follow the lead of the deputies in mat- 
 ters of moment, has always been brought to terms by its stronger 
 brother. 
 
The Senate 233 
 
 The German Bundesraih is as unlike the corresponding houses in The German 
 England, France, and the United States as it can be. It is the small- Bundesraih, 
 est body of the four, as it consists of but thirty-eight persons. It is wilson, 
 also the most powerful. The members are in reality delegates of a \\ 500-515. 
 diplomatic character, subject to instruction and recall, but represent- 
 ing the princes of the different states in whom, according to the German 
 theorv. sovereignty resides. The states are not equally represented; 
 but Prussia, which has over half the population of the empire, has sev- 
 enteen members to six for the nest largest kingdom, and one each for 
 the seventeen smallest. The Bundesrath has very complete legislative 
 and other duties, and is, in many ways, the government. 
 
 266. Qualifications of Senators. — There are certain Legal and 
 minimum requirements prescribed for senators by the Con- ^'^^J;^'^;^^^ 
 stitution. They must be at least thirt}- years of age, have ^^^^_^ ^^^ 
 been citizens of the United States for nine years, and ^^^ntaries, 
 inhabitants of the states for which they are chosen at the §§ 728-732. 
 time of the election. The unwritten law has not added 
 to these qualifications, but by custom senators are usually 
 drawn from certain classes. Promotion of representatives 
 who have shown exceptional skill in the House is less com- 
 mon than formerly, but these congressmen still furnish a 
 larse part of the new senatorial timber. State part}' lead- 
 ers'i' manv of whom have never held other public offices, are 
 often chosen; and the third class is made up of prominent 
 business men who have made their mark outside of politics. 
 
 267. Senatorial Elections. —The place of holding elec- Method of 
 tions is entirelv under the control of the state legislature, 
 but the time and manner of election may be prescribed by Br>-ce, 73-74 
 Coneress. Before 1866 ever}'thing was left to each state, 
 and not only great differences existed, but confusion and 
 disorder were often the result. On July 26 of that year 
 Congress passed an act, which is still in force, regulating 
 details of senatorial elections. On the second Tuesday 
 after the state legislature met and organized, each mem- 
 ber of each House was to name a person for senator by 
 a viva I'oce vote. The next day the two houses were to 
 meet in joint assembly, a majority of each house bemg 
 present, and vote in the same way. If no one had a 
 
234 
 
 The American Federal State 
 
 Vacancies. 
 
 Caucuses. 
 
 Popular 
 election 
 through con- 
 stitutional 
 amendment. 
 
 Mitchell, 
 in Forum, 
 XXI (1896), 
 385-396. 
 
 Haynes, J, 
 in J.H.U.S., 
 
 XI, 547-560. 
 
 Popular 
 
 election 
 
 through 
 
 direct 
 
 primaries. 
 
 R. o/R., 
 
 35 (1907). 
 748-751. 
 
 majority of the votes, this was to be repeated each day 
 till a senator was elected. 
 
 In case a vacancy occurs between sessions of the legisla- 
 ture, the governor may appoint some one until the next 
 legislature shall choose a senator in the way just described. 
 But the Senate has never fully admitted the right of a gov- 
 ernor to appoint a senator when the legislature has had a 
 chance and yet fails to choose one; and its recent decisions 
 have all been adverse. 
 
 While there is no law on the subject, and custom varies 
 greatly, the members of any state legislature belonging to 
 the party in control usually hold a caucus for the purpose 
 of selecting a candidate. If the action of the caucus is 
 binding, it gives a great power to a majority of a majority 
 in cases where a candidate has nearly enough votes, but 
 not quite a majority of the whole. 
 
 268. Proposed Changes in Election of Senators. — Of late 
 years there has been considerable discussion concerning 
 the Senate and the election of senators. It is felt that 
 instead of becoming more representative of the people, 
 senators are growing less so. It is urged that so long as 
 choice is left to the legislature, corruption and bribery will 
 be common and the wishes of the people ignored. Con- 
 stitutional amendments transferring the election to popular 
 vote have been proposed, and have been indorsed by two- 
 thirds of the House of Representatives more than once; 
 but the Senate seems satisfied with the present method, and 
 they have never been passed by that body. 
 
 In some states senatorial candidates are nominated before 
 the election of members of the legislature. The famous 
 Lincoln-Douglas campaign of 1858 was a notable example. 
 Since 1900 most of the states have adopted some form of 
 nomination of senatorial candidates in connection with the 
 direct primary (§ 553), and in one, Oregon, by a combina- 
 tion of direct nomination of the senator and pledges exacted 
 from candidates for the legislature that they will support the 
 senatorial nominee who has the largest vote, irrespective of 
 
The Senate 235 
 
 party, a legislature of one party may choose, in fact, has 
 chosen, a senator belonging to the opposite party — practi- 
 cally and constitutionally popular election. 
 
 269. Officers. —The presiding officer of the Senate is TheVice- 
 the Vice-president of the United States, who has no vote ^^^^^ ^^^' 
 unless the Senate is equally divided. His power is in ^'°J^^^^^^- 
 sharp contrast with that of the speaker of the House, as he ^^ i45c^ii52. 
 appoints no committees and has no direct influence over 
 legislation. His qualifications are the same as those of the 
 President, for he must be prepared to take the latter' s 
 place; but the duties connected with the office are so few, 
 and his position of so little importance, that it is difficult 
 to secure men of prominence for the place. The danger 
 from men of little capacity becomes real, of course, only 
 in case of the death of the President. 
 
 The Senate always chooses one of its own members. Other 
 known as the president pro tempore, who presides in the °j|i^ 5^^^°^^ 
 absence of the Vice-president, and who, if the latter be 
 removed by death, becomes a regular president of the Sen- 
 ate. He does not, however, become Vice-president of the 
 United States. Formerly he might even become Presi- 
 dent, if both the presidency and the vice-presidency were 
 vacant; but by law of Congress (1886) the succession now 
 belongs to the Cabinet (§335)- 
 
 The Senate has a secretary with a score of assistants, a sergeant-at- 
 arms who maintains order, a postmaster, a doorkeeper, and a chaplain. 
 Each committee has one or more clerks, and each senator has a private 
 secretary who is paid out of the public treasury. 
 
 270. The Committees of the Senate. — The Senate trans- Composition, 
 acts most of its business through the committees. There McConachie, 
 are fifty-five standing committees and a number called ^ong. Com- 
 special, with memberships varying from tive to mteen. 272,289-294. 
 These committees were at first chosen by ballot in the Sen- 321-326. 
 ate, but the method proved unsatisfactory, and since 1845 
 they have been selected in this way: the political party 
 that is to control the organization of the new Senate holds 
 a caucus, and agrees to a list of committees in which all of 
 
236 
 
 The American Federal State 
 
 Important 
 committees. 
 
 See also Mc- 
 
 Conachie, 
 
 339-343- 
 
 Conserva- 
 tism in 
 organization. 
 
 McConachie, 
 343-345- 
 
 Cf. Bryce, 
 83-93- 
 
 Cf. Wilson, 
 Cong. Gov't, 
 IV. 
 
 the important chairmanships belong to them. They retain 
 a majority on the most important committees, but not all; 
 and they may assign to their opponents or to third parties 
 a few minor places as chairmen. When possible, they 
 secure the consent of the rival party to the list before it is 
 proposed in the Senate; and, if they cannot, the appoint- 
 ment of the committees is delayed till the opposition is 
 satisfied with its share. In the meantime the old com- 
 mittees are continued until the new ones are selected. 
 
 The most important committees deal with the special 
 duties of the Senate. That upon Foreign Affairs may be 
 placed first because of its connection with the executive in 
 all our international relations. The Commerce, Finance, 
 Appropriations, and Judiciary committees all occupy high 
 places, and are controlled by the leaders of the dominant 
 party. 
 
 271. Senate Regulations. — 'The semi-permanent char- 
 acter of the Senate is observable in everything it does. 
 The rules are not changed with each Congress, as is the 
 case in the House. Leadership belongs to the older 
 members, who have claims to the first positions on com- 
 mittees because of length of service in the Senate. When 
 a list of committeemen is made up, all the members of the 
 party in control are placed above their opponents. The 
 one who has been on the committee longest is chairman, 
 and the new member comes last of his party and just before 
 the leader of the opposition. The members of the party 
 out of power are arranged in the same way. Then if the 
 chairman resigns for any reason, the senator in second 
 place becomes chairman, so that the states which change 
 their senators least have a number of important chairmen 
 out of all proportion to their representation in the upper 
 house, and still more disproportionate to their population. 
 But the method makes possible a continuity of policy, 
 which is of the highest value in legislation and adminis- 
 tration, and which is one of the principal sources of the 
 Senate's power. 
 
The Senate 
 
 237 
 
 Another evidence of consen-atism is in the lack of stric- 
 tures on debate. Most parliamentary bodies have some 
 means of setting a limit on discussion. This is usually in 
 the form of the cloture, or previous question, by which the 
 body can prevent unnecessary talk and obtain a vote on the 
 pending bill. The Senate relies on its natural dignity to 
 keep the debate within reasonable bounds. But this reli- 
 ance is often misplaced, as the minority frequently post- 
 pone measures for no other reason than to obstruct business. 
 This "filibustering," as it is called, has proved a serious 
 evil in the Senate, and may, in time, make the adoption 
 of the previous question a necessity. 
 
 272. Power in Appointment. — During the fifty years 
 that followed the Declaration of Independence the upper 
 houses of the state legislatures had quite as much power 
 as the governors in appointment. This distrust of the 
 executive was apparent in the constitutional convention of 
 1787. A great many wished to leave the selection of all 
 officials, including the President, to the Senate. As a 
 compromise, the power of appointment was given to the 
 executive department with ratification by the Senate, unless 
 Congress agreed that it was not necessary for minor offices. 
 
 The value of this check upon the President has been seri- 
 ously questioned. Certain it is that the Senate has greatly 
 augmented its own influence by judicious use of the veto 
 upon appointments. The President is now allowed to 
 select his own advisers without fear of interference from 
 the Senate; but in the great majority of cases he must con- 
 sult with the senator from the state for which the person is 
 chosen, and must follow his advice if he does not wish to 
 have the appointment "held up." The executive is a little 
 more independent than it was after the impeachment of 
 Johnson and before the quarrel between Garfield and 
 Conkling (1881), but it is still far from free. 
 
 273. Treaties. — The Constitution requires the approval 
 of two-thirds of the Senate for the ratification of all treaties. 
 In the convention the power to make treaties was at first 
 
 Conserva- 
 tism in 
 
 procedure. 
 
 Distrust of 
 the execu- 
 tive (1787). 
 
 " Senatorial 
 courtesy." 
 
 Bryce, 44-46, 
 
 80-84. 
 
 Eaton, D. B., 
 in Lalor, I, 
 58CK582, 
 
 The Senate 
 and treaties. 
 
 Bryce, 78-8a 
 
238 
 
 The American Federal State 
 
 Schuyler, 
 Amer. Diplo- 
 macy, 20-24. 
 
 Real power 
 in treaty- 
 making. 
 
 Purpose of 
 impeach- 
 ment. 
 
 Bryce, 34-35. 
 
 given solely to the Senate, and only after considerable 
 debate did they consent to leave it to the President, with 
 two-thirds of the senators present. On account of the 
 difificulty in getting a two-thirds majority, the President 
 finds it necessary to consult the Senate concerning any treaty 
 being negotiated. To take all of the members into his 
 confidence would be to sacrifice our foreign interests, as 
 diplomacy is a subject for which a popular assembly has 
 every possible disqualification. He, accordingly, feels the 
 pulse of the Senate through the Committee on Foreign 
 Relations, composed of men thoroughly familiar with the 
 feelings of their associates and with the foreign policy of 
 the past. In this way provisions that are sure to be re- 
 jected are not even considered by the executive, and the 
 treaty is much more likely to be accepted. 
 
 The Senate is very far from being the tool of the execu- 
 tive in our relation with other nations. It reserves to 
 itself, and uses the right of amending or rejecting any 
 article of a treaty, or even of inserting a new one. Such 
 an altered treaty must be accepted by the President and 
 the representative of the foreign power before it becomes 
 law. If the Senate rejects the treaty entirely, of course 
 negotiations are broken off. 
 
 274. Method of Impeachment. — In English history the 
 representatives of the people were able to control the agents 
 of the King solely through the power of impeachment. 
 Like other English customs, that of impeachment was 
 adopted in a modified form by the colonial assemblies be- 
 cause they needed a check upon the executive and the 
 judiciary. When arrangements were made for the impeach- 
 ment of officers of the United States in our national Con- 
 stitution, it was fondly hoped that this would assure the best 
 service because of the constant surveillance of Congress. 
 When we realize that but eight persons have been impeached 
 since 1789, with only two convictions, it is impossible to 
 believe that the wishes of the " Fathers " have been fulfilled. 
 
 Impeachment is made by the House of Representatives, 
 
The Senate 
 
 239 
 
 and can be for " treason, bribery, or other high crimes and 
 misdemeanors." The House states the charges, and the 
 person accused is tried before the Senate sitting as a court. 
 Evidence is taken and the trial conducted as in any crimi- 
 nal court of justice. The vote upon the charges is taken 
 by calling the ayes and nays, and a two-thirds majority is 
 necessary for conviction. If the person is declared guilty, 
 he is removed from office, and may be disqualified from 
 holding any other office under the United States. He may 
 then be tried in an ordinary court for any crime defined in 
 the law. 
 
 All persons connected with the United States govern- 
 ment, except members of Congress, may be impeached. 
 When a President is tried, the chief justice of the Supreme 
 Court presides over the Senate, as the Vice-president could 
 not be indifferent to a verdict that might raise him to the 
 highest office in the land. 
 
 The two convicted persons were district judges of the United States : 
 Pickering, judge for New Hampshire (1804), charged with drunken- 
 ness and profanity, and Humphreys, judge for Tennessee (1862), for 
 disloyalty. Five others have been tried on impeachment : Chase, jus- 
 tice of the Supreme Court (1805), Peck, district judge for Missouri 
 (1830), Johnson, President of the United States (1868), and Swayne, 
 District Judge for Florida (1906), all of whom were acquitted. In 
 1897 Senator Blount of Tennessee was impeached by the House, but 
 the Senate decided by a vote 15 to II that Congressmen were not 
 " civil officers of the United States." 
 
 Process gJ 
 impeach- 
 ment. 
 
 Hinsdale, 
 §§ 302-311. 
 
 Hart, 
 
 Actual Gov't, 
 § 139- 
 
 Who may be 
 impeached. 
 
 Officials 
 convicted. 
 
 275. Other special Powers. — The Senate is called upon Election 
 to elect a Vice-president whenever the electors fail to do °f^Y^c^- 
 
 ^ ^ ^ president. 
 
 SO. The choice is limited to the two persons receiving the 
 
 greatest number of electoral votes. At least two-thirds of 
 
 the senators must be present, and the person selected must 
 
 have a majority of all the senators, whether present or not. 
 
 Only once in our history (1837) has it been necessary for 
 
 the Senate to ballot for Vice-president. 
 
 Except in relation to just one subject, the Senate has the Financial 
 
 same powers of legislation as the House. "All bills for P°^^^^- 
 
240 
 
 The American Federal State 
 
 Ct §§ 292- 
 
 396. 
 
 Difficulties 
 in keeping 
 two legisla- 
 tive houses 
 coordinate. 
 
 Cf. Ford, 
 Amer. 
 Politics, 
 266-274. 
 
 Senate not 
 dominated 
 by the 
 House. 
 
 Early power 
 of the 
 Senate. 
 
 raising revenue shall originate in the House of Representa'« 
 tives, but the Senate may propose or concur with amend- 
 ments, as on other bills." As this topic will be treated 
 fully in the next chapter, only a suggestion or two need be 
 given here. It will be noticed that the provision deals only 
 with bills for raising revenue, and not for those expending 
 it. Further, while the Senate has no initiative in obtaining 
 money, the right to amend revenue bills gives it almost as 
 much power as the House in finance. 
 
 276. The Senate and the House. — There is no important 
 European state in which the two houses of the legislature 
 are of equal importance. For various reasons, the lower 
 and more popular branch has usually much greater actual 
 influence in shaping the policy of the government. It is 
 beyond our purpose at this point to investigate those 
 reasons; but, assuming the fact that the European houses 
 are unequal, we may ask whether the Senate is dominated 
 by the House of Representatives or the reverse, and the 
 actual position of each house. 
 
 It is certain that neither house is subordinate to the 
 other. The chief cause of this is the separation of the 
 executive and legislative departments. In this country 
 the President and his advisers are not the agents of Con- 
 gress, but of the people directly. If they were the agents 
 of Congress, they could not serve both the Senate and the 
 House, but must choose one or the other. The one that 
 was chosen, or that could make itself the real power in 
 making and executing law, would of course control the 
 other. This is what has happened in England and France, 
 and what has not happened in the United States. 
 
 Still, the ablest of our early statesmen expected that the 
 Senate would be rather an aristocratic body, which would 
 leave most of the work in legislation to the House. But 
 from the first the Senate refused to take a subordinate 
 place. Although it was less representative of the people, 
 it did represent the states, and in time it became more 
 popular in character. It claimed a share^ in framing 
 
The Senate 241 
 
 even the financial policy, and asserted its rights on other 
 points. 
 
 To-day the Senate is, in many ways, more powerful than Advantages 
 the House. This is especially due to three things : first, °^ ^^"^^^^ 
 the more permanent character of the Senate; second, its House. 
 better organization; and third, the patronage it possesses 
 through the right to confirm appointments. Those who 
 have noticed the work in Congress for several years cannot 
 fail to be impressed with the way in which the Senate has 
 gained its end, although the House seemed to have every 
 advantage. The senators have been more united. They 
 have ignored or obstructed House measures time after 
 time, while Senate bills have been forced through the 
 House. In conference committees they have yielded less 
 and obtained more than the representatives. Unfortu- 
 nately, the advantages of this state of affairs have not 
 always been apparent, largely because the control of the 
 Senate has not belonged to any one party, but to irregulars, 
 who have held the balance of power. 
 
 QUESTIONS AND REFERENCES 
 
 Both Houses r§§ 255-263) 
 
 a. On the veto power in theory and in practice, look up Johnston, 
 in Lalor, III, 1064-1067; Harrison, This Country of Ours, 126- 
 134; Mason, The Veto Power, especially chap. III. 
 
 1. Is it any longer necessary or desirable that the Senate should 
 represent the states? Give your reasons. 
 
 2. What are the disadvantages of having so long a time elapse be- 
 tween the election of a Congress and its first regular session? Should 
 the time of the election or the meeting be changed ? If so, why, and 
 in what way? 
 
 3. Trace the history of the privileges of members of Congress in 
 English and colonial history. Are the members of your state legis- 
 lature exempt in the same way? 
 
 4. Should the pay of congressmen be increased? Would it result 
 in our obtaining better men ? 
 
 R 
 
242 The American Federal State 
 
 5. Should legislation be made less difficult? Would it be best to 
 abolish the pocket veto? Are advantages likely to be derived from 
 giving one house sole power over certain classes of bills, and the other 
 house exclusive control of others, leaving to the second house in each 
 case the right to veto a bill, but no power to amend it ? 
 
 In the following and in similar sets of questions the Congressional 
 Directory (Cong. Dir.) and political almanacs (Pol. Als.), published by 
 different newspapers, and consecutive records of recent events, such as 
 Current History, will be found almost indispensable. The indexes 
 should be used as much as possible. 
 
 i. What was the longest single session of Congress? What was the 
 length of the last "long" session? When was the last extra session 
 held? How many have been called in our history? (Some Pol. Als. 
 under " Congress, Sessions of" ; Manuals of the Houses.) 
 
 ii. Select some bill recently enacted. In which house was it in- 
 troduced, and on what date? To what committee was it assigned? 
 When was it brought up for discussion, and how long did this con- 
 tinue? What Was the final vote? (Consider same points in the other 
 house.) (Current topics in Current History or some other magazine.) 
 
 iii. On what important bills were there conferences at the last ses- 
 sion? Choose some one measure. Learn, if possible, who were mem- 
 bers of the conference committee, and notice whether they were 
 prominent congressmen and especially interested in the bill. Was the 
 Conference Bill more like that of the House or of the Senate? What 
 was the difference between the original votes and the final ones? 
 (Reference same as ii.) 
 
 Membership and Organization of the Senate (§§ 264-271) 
 
 1. Are there any features of composition, organization, or powers 
 of the European upper houses that could profitably be used by the 
 Senate ? 
 
 2. Is the Senate inferior in dignity and in capacity to those of fifty 
 or seventy-five years ago? Would its personnel be improved by a 
 change in the mode of election ? Give your reasons in full. Are there 
 any other advantages or disadvantages of such a change? Do you 
 favor keeping the present method of election? 
 
 3. Would it be better to abolish the Vice-presidency, to enlarge its 
 powers, or keep it as it is? Have the objections of our history come 
 from the faults inherent in the office or the character of the men 
 selected? 
 
The Senate 243 
 
 i. How many senators were there April 30, 1789? Are you sure? 
 What is the number now? Are there any vacancies at present? To 
 what are they due ? How are the pohtical parties represented in the 
 present Senate? (Cong. Dir.) 
 
 ii. Who are your senators? When do their terms close? How 
 long have they been in the Senate? WTiat other oflBcial positions had 
 they held before election to the Senate? To what party or parties 
 do they belong? Does either come from your part of the state? In 
 which of the classes given in § 266 would you place them? (Cong. 
 Dir.) 
 
 iii. What is the number of standing committees in the Senate now? 
 of special committees? of joint committees? In which ones are your 
 senators? How many chairmen belong to the minority? Notice how 
 long the five most prominent chairmen have been senators. Are any 
 serving their first term? (Cong. Dir.) 
 
 iv. What Vice-presidents have become Presidents? What ones 
 have been elevated to the office by the death of the President? How 
 long did they serve altogether as chief executives? (Pol. Als.; John- 
 ston, American Politics ; Amer. Fed. State, Appendix C.) 
 
 Special Powers (§§ 272-276) 
 
 a. Story, in his Commentaries^ §§ 742-813, gives a discussion of 
 the tribunal for and methods of impeachment; Harrison, This Country 
 of Ours, 148-158, and Johnston, in Lalor, treat of the subject his- 
 torically as well. 
 
 1. What are the advantages of having the Senate participate in 
 appointments? in the making of treaties? Give the disadvantages 
 in each case. 
 
 2. Can you suggest a satisfactory substitute for impeachment? Is 
 it wise to give a set of persons control over officials through removal? 
 Should the official be removed by the person or persons who ap- 
 pointed him or not? Give your reasons. 
 
 3. Is it ever possible now to have a President of one party and a 
 Vice-president of another ? If so, under what conditions ? 
 
 i. What officials have been appointed by the President in your 
 county? Were any of the appointments made in opposition to the 
 wishes of your senator or representative ? Does your state senate 
 confirm the appointments of the governor? 
 
 ii. Recall four or five treaties in our history that the Senate has 
 refused to ratify. Would our influence abroad have been greater with 
 
244 ^'^^ American Federal State 
 
 the treaties than without? Was the treaty of peace (i 898-1899) rati- 
 fied by a party vote? Have we any treaties of alliance now? Are 
 there any important nations with which we have no commercial 
 treaties? 
 
 iii. Name, if possible, bills for raising customs or internal revenue 
 over which the Senate has exerted more influence than the House. 
 
 iv. What is the smallest number of senators who at the present 
 time can pass an ordinary bill? ratify a treaty? elect a Vice-president? 
 
CHAPTER XII 
 
 THE HOUSE OF REPRESENTATIVES 
 General References 
 
 Hamilton (Madison), The Federalist, Nos. LII-LVI. 
 
 Meigs, Growth of the Constitution, 35-68. 
 
 Bryce, Atnerican Commonwealth (abd. ed.), 94-154. Shows how the 
 House actually works, and criticises methods. 
 
 Story, Commentaries, chap. IX. 
 
 Wilson, Congressional Governmenty 58-192. Especially full on finan- 
 cial procedure. 
 
 McConachie, Congressional Committees, 37-258. Development and 
 present powers of committees. Shows advantages of committee 
 system. 
 
 Burgess, Political Science and Comparative Constitutional Law, II, 
 41-130. Compares legislative departments of United States, 
 England, France, and Germany. 
 
 Follett, Speaker of the House of Representatives. An excellent his- 
 torical and descriptive study. 
 
 Digest and Manual of the Rules and Practice of the House of Repre- 
 sentatives. (Revised for each session.) 
 
 277. Theory of Membership in the House. — The mem- Number in 
 
 bers of the House of Representatives are chosen, every sec- proportion to 
 
 ^ n J population, 
 
 ond year, by those persons in the states who are allowed to 
 
 vote for members of the lower house of the state legisla- ^^^' ^^"^ 
 
 ture, the election always being held on the Tuesday after 
 
 the first Monday in November of the even years. The 
 
 number of representatives which any state shall have de- - 
 
 pends upon its population, and reapportionment occurs every 
 
 ten years after each census; but no state, however few its 
 
 inhabitants may be, is left without one representative. In 
 
 245 
 
246 
 
 The American Federal State 
 
 Rules for 
 
 determining 
 
 number. 
 
 addition to the members from the states, each territory 
 has a delegate who may speak on any bill affecting his 
 territory, though he may not vote. 
 
 It was suggested in the constitutional convention that 
 the members of the lower chamber should be in proportion 
 to the contributions made by each state for the support 
 of the central government; but it met with little favor. 
 Instead, the basis of representation in the House (the free 
 population and three-fifths of all others, excluding Indians, 
 not taxed) was also made the basis for the assessment of 
 direct taxes. By the thirteenth amendment the three- 
 fifths rule disappeared, as there were no longer slaves; and 
 by the second section of the fourteenth amendment not only 
 was this fact specifically mentioned, but if a state denied 
 to any male inhabitant of that state who was twenty-one 
 years of age and a citizen of the United States the right to 
 vote, the state should have its membership in the House 
 cut down in the same proportion. This does not cover 
 exclusion of criminals from the suffrage, nor does it pre- 
 vent the states from prescribing an educational test for 
 voters. 
 
 Method used 
 since 1790. 
 
 Hinsdale, 
 
 hh 270-273, 
 276-288. 
 
 Story, Com- 
 mentaries, 
 \\ 676-683 
 with notes. 
 
 278. Method of Apportionment One problem over which 
 
 the House has had many struggles deals with the apportionment of 
 representatives to the states. At the first, two methods were suggested : 
 (i) that the whole population of the country should be divided by the 
 number agreed upon for the ratio; (2) that they should divide the 
 population of each state by the number. It is well known that a bill 
 embodying the principles of the first method was the subject of the 
 first presidential veto in our history. Soon after, the second method 
 was adopted, and has been used ever since. Until 1843, however, it 
 was customary to pay no attention to fractions, i.e. if the ratio was one 
 to forty thousand, and forty thousand went into the population of a 
 state six times with a remainder of thirty-seven thousand, the state 
 had only six representatives. Since 1843 those states that have had 
 a fraction over one-half have usually been given an extra member. 
 Reapportionments demand a great deal of mathematical skill and 
 practical knowledge to give the best results. 
 
 The following table shows the number of members, and the rate, 
 for each census : — 
 
The House of Representatives 
 
 247 
 
 Census of 
 
 Ratio 
 
 Membership 
 
 (1789) 
 
 
 65 
 
 1790 
 
 33,000 
 
 105 
 
 1800 
 
 33.000 
 
 141 
 
 1810 
 
 35.000 
 
 181 
 
 1820 
 
 40,000 
 
 212 
 
 1830 
 
 47,700 
 
 240 
 
 1840 
 
 70,680 
 
 223 
 
 1850 
 
 93,420 
 
 233 
 
 i860 
 
 127,381 
 
 241 
 
 1870 
 
 131.425 
 
 293 
 
 1880 
 
 151.911 
 
 325 
 
 1890 
 
 173.901 
 
 356 
 
 1900 
 
 
 386 
 
 States admitted between the censuses have always added to the 
 membership. 
 
 279. Term and Qualification of Representatives. — Rep- 
 resentatives are chosen, on the Tuesday after the first Mon- 
 day of November, for a term of two years, beginning the 
 fourth of the following March. By special permission of 
 Congress three states are allowed to hold their elections 
 earlier in the fall. 
 
 Odd as it appears to us, there was scarcely any other 
 clause of the Constitution which encountered more vigorous 
 opposition in New England than the one making the term 
 two years. So accustomed had the people of that section 
 become to annual elections, and so much did they fear 
 that longer terms meant loss of liberty, that it required very 
 ^reat persuasive power to overcome the objections. ' No 
 -ne believes now that the term is too long. 
 
 Members of the House must be at least twenty-five years 
 of age, have been citizens of the United States for the seven 
 years preceding their election, and shall be inhabitants of 
 the states from which they were chosen. Custom requires 
 that they shall be inhabitants of their congressional dis- 
 
 Date of con- 
 gressional 
 elections. 
 
 Objection 
 to biennial 
 elections 
 (1788). 
 
 Qualifica- 
 tions of 
 representa- 
 tives. 
 
248 
 
 The American Federal State 
 
 Story, Com- 
 mentaries, 
 §§ 617-627. 
 
 The Ameri- 
 can idea of 
 local repre- 
 sentation. 
 
 Cf. Bryce, 
 143-146. 
 
 Election 
 by general 
 ticket. 
 
 Hinsdale, 
 hh 295-299. 
 
 tricts as well. This precludes the method often used in 
 England and France of selecting some prominent politician 
 who may be a resident of any part of the country. The 
 American usage is a natural outgrowth of our ancestors' 
 idea that there was no representation at all unless each dis- 
 trict had one of its inhabitants to represent it. That idea 
 was maintained against the English custom of virtual rep- 
 resentation in pre-revolutionary times, and still possesses 
 great vitality. It would often be possible to secure better 
 talent by the English method; and restriction to the resi- 
 dents of the district may seriously injure a party in the 
 House by excluding some prominent leader whose district 
 has been altered with the intention and result of causing 
 his defeat. The American custom has another disadvan- 
 tage in that the representatives are apt to consider them- 
 selves the special guardians of their districts, and they 
 may, consequently, favor a measure which would benefit 
 their district at the expense of the country at large. On 
 the other hand, our practice leads to the protection of local 
 interests where no national ones are involved, it makes the 
 participation of the people in the national government 
 more real, and it fixes responsibility by making each repre- 
 sentative directly accountable to this constituency. But 
 even if the disadvantages were greater, the desire for direct 
 representation is so interwoven with the evolution of de- 
 mocracy in this country that a change can come only with 
 a considerable modification of political conditions. 
 
 280. Congressional Districts. — The states have been 
 compelled to elect representatives from districts only since 
 1842. Before that year many of them voted, by general 
 ticket of the whole state, for the number to which the state 
 was entitled. At the present time permission must be 
 obtained to elect " representatives-at- large, " as they are 
 called. But this is often given when a state, by a new 
 apportionment, has one more member than formerly, in 
 order that redistricting may be avoided. A state may even 
 elect all of its representatives on the general ticket, when 
 
The House of Representatives 249 
 
 its representation has been reduced and there has been no 
 time to rearrange the districts. 
 
 Congress prescribes that the districts shall be as nearly Gerryman- 
 equal in population as possible, and that the territory shall ^^""S- 
 be compact and contiguous. But it has not been found 
 possible to avoid, in practice, the abuse popularly known 
 as "gerrymandering." This consists in an attempt, on the 
 part of a legislature in a state, to divide up the state in such 
 a way that the dominant party controls far more than its 
 proportion of the districts, being assured fair pluralities in 
 each; while the party out of power is left to carry a very 
 few districts by very large majorities, if it is fortunate 
 enough to elect any of its candidates. 
 
 281. Proportional Representation. — We hear quite a Unfair repre- 
 little nowadays about proportional representation, and a mentation. 
 great many plans have been suggested by which minorities Commons, 
 shall be represented. It certainly seems unfair, e.g. that mentation 
 
 in California the Republicans, with 139,382 votes, should 59-62. 
 have six representatives, and the Fusionists, with 128,106, cf. §§ 526- 
 should have but one; or, as in Missouri, the Democrats, 527- 
 with 286,019 votes, should get twelve out of the fifteen 
 congressmen, while the Republicans, with 255,795, have 
 only three. 
 
 One of the proposed solutions of these inequalities has The Illinois 
 been tried in Illinois for over a quarter of a century in the ^ ^"' 
 election of members of the lower house of the legislature. Commons, 
 Each senatorial district is given the right to elect three 
 assemblymen. Every elector in the district has the right 
 to cast three votes, for three different persons, or all for 
 one, or any way he may choose. By this method an average 
 minority can, by concentrating its vote on one candidate, 
 be sure of one representative. 
 
 282. Contested Elections. — The Constitution makes the Method 
 House the judge of the elections, returns, and qualifica- ^-g^^Jg^i 
 tions of its own members. At times these rights have been elections. 
 exercised with more zeal than fairness in excluding or Hinsdale, 
 unseating members of the minority. But, on the whole, kk 312-313- 
 
250 
 
 The American Federal State 
 
 Spofford, A. 
 R., in Lalor, 
 III, 82-83. 
 
 Grounds for 
 exclusion. 
 
 Vacancies. 
 
 Organization 
 at beginning 
 of a Con- 
 gress. 
 
 Necessity for 
 an efficient 
 organization. 
 
 Reinsch (ed.), 
 Readings on 
 Am. Fed. 
 Gov't, 
 223-257. 
 
 the powers have been used in a judicial spirit In a con- 
 test the person who holds the certificate of election from 
 the governor of the state is entitled to the seat while the 
 case is being tried. The contestant brings forward his evi- 
 dence of irregularities, and all documents relating to the 
 subject are submitted to a Committee on Elections. On 
 report of the committee the House decides who is entitled 
 to the seat. 
 
 Persons may be excluded because they fail of the con- 
 stitutional requirements. Or they may be prevented from 
 taking part in the organization of the House on other 
 grounds. This happened frequently during the reconstruc- 
 tion period, when men were excluded for political reasons. 
 The dangers of abusing a power of this kind, where the 
 qualifications of members are not predetermined, have 
 been so serious that the House has always hesitated to use 
 its power except under very great provocation. 
 
 Whenever a vacancy occurs for any reason, the state 
 executive is empowered by the Constitution to call a special 
 election for the purpose of filling it. 
 
 283. Organization and Work of the House. — When a 
 Congress meets for the first time, the House proceeds as 
 soon as possible to adopt a new set of rules, following, of 
 course, to a large extent, those formerly in use. The 
 House begins at once to organize the machinery by which 
 business is done. The two most prominent parts of this 
 organization are the speaker and the committees. The 
 speaker is the party leader of the majority, and is selected 
 by the caucus before Congress meets. He appoints the 
 committees at an early date. 
 
 The need of a very complete organization for doing 
 business must be evident from the amount of work brought 
 before each house. So long as it is expected that the 386 
 members come together to make laws, and not merely to 
 revise and approve laws submitted to them, they will ac- 
 complish nothing unless the machinery is well adapted to 
 its task. As discussion by the whole House of the thousands 
 
The House of Representatives 251 
 
 of bills introduced at each session is impossible, investiga- 
 tion must take place in committees, to which particular 
 duties are assigned. If a committee does not separate 
 the important from the unimportant, its investigation will 
 be of no value, because the House cannot then attend 
 to all the bills reported to it. After a committee has 
 brought up an important measure, as there are a good many 
 of these altogether, it is necessary that the bill be given 
 prompt consideration, so that it shall not delay something 
 else. The House plans to give the speaker power enough 
 so that unnecessary obstruction shall not occur, and pro- 
 vides that debate shall cease, any time the majority wish 
 it, by moving the "previous question." One thing more 
 is necessary. The House must discriminate between the 
 bills reported to it, just as the committees must discrimi- 
 nate between those referred to them. This may seem com- 
 paratively simple, but it is the exact opposite. Over ten 
 years ago the House gave up the attempt to settle the matter 
 for itself, and gave to the Committee on Rules the right to 
 arrange the order of business, subject to the approval of 
 the chamber. 
 
 The growth of the business of the House shows why early Congresses Growth of 
 could spare more time in debate, and why the present House of Rep- business 
 resentatives uses such different methods. In Washington's first admin- ^mce 1790. 
 istration but 196 bills were passed in two Congresses. As late as the Reed, in N. 
 thirty-seventh Congress only a little over a thousand bills and resolu- A. R., 164, 
 tions were introduced in the House and Senate. In a single session (^°97)i o4i~ 
 of the fifty-first Congress the house introduced 12,402 bills and joint 
 resolutions, the Senate, 4570, a total of 16,972. Of course, most of 
 these failed. Out of 14,584 proposed to the fifty-fourth Congress, only 
 948 were passed by both houses, though the proportion was unusually 
 small. 
 
 284. The Committee on Rules. — This committee is now Composition 
 
 composed of ten leaders of the House, the majority of and power. 
 
 whom are from the party that controls that body. In one Follett, 
 
 sense the committee is a kind of directive body which ^^'^^^ 'i^r^ 
 
 •' the H. o/R., 
 
 selects the subjects that the House shall consider not by 274-280 
 
252 
 
 The American Federal State 
 
 McCona- 
 chie, Cong. 
 Committees, 
 191-207. 
 
 Ways in 
 which the 
 Committee 
 on Rules 
 may use its 
 power. 
 
 preparing and introducing bills, as is done by the English 
 cabinet, but by dictating what bills reported by regular 
 committees shall receive consideration. As we have seen, 
 its power grew out of the need of having a head for the 
 House, to do the planning and arranging for it. If this 
 task had not been given to the Committee on Rules, it 
 would have been assigned to some other body, which might 
 have absorbed the power now exercised by the rules, as 
 well as those which at present belong to the speaker, which 
 will be enumerated presently. 
 
 McConachie, in his instructive book on Congressional Committees^ 
 shows clearly the process by which the Committee on Rules came to be 
 what it is. On its composition and powers he says (pp. 200-205) : 
 "The Committee on Rules consists of five wise and experienced lead- 
 ers. They represent in the House a solution of vexed problems similar 
 to that which some of our great cities have been adopting; that is, the 
 concentration of power in a few hands, so that clear responsibility may 
 be fixed, and energetic, able administration secured." 
 
 " The Committee on Rules is in a position to exercise the lion's share 
 of the veto power which decides what legislative proposal shall be re- 
 jected. Therein lies the chief element of its strength. If it determines 
 to pigeon-hole a bill upon the calendar, it needs only to maintain silence, 
 or engage or cajole the House with other measures. If a proposition to 
 which it is hostile is on the eve of being brought upon the floor by an- 
 other committee, it may exercise its superior privilege to claim attention 
 for different business. If the filibuster is abroad, and it is in sympathy 
 with him, it may, as the only authority which can check his career by 
 a special order, simply neglect to exercise its functions." 
 
 " But to observe, on the other hand, the positive side of its power : 
 The pettiest claim on the private calendar might find, through its favor, 
 precedence over the greatest appropriation bill; with its aid a despised 
 Committee on Expenditures could push aside the venerable [Committee 
 on] Ways and Means. * It can prepare a bill in the Speaker's room,' de- 
 clares a Representative, ' and say to the committee which would ordi- 
 narily have charge of the subject : " take this or nothing." ' Among the 
 more powerful committees of coordinate privilege, that one prevails which 
 gets the alliance of the [Committee on] Rules. While the ability of the 
 other committees to effect changes in the [Committee on] Rules is small, 
 its opportunities for stripping away their powers and otherwise weak- 
 ening them is large, as for example by increasing their size until they 
 are unwieldy. If the minority begins old-time filibustering tactics 
 
The House of Representatives 253 
 
 against a bill, three men of the [Committee on] Rules may at once 
 write out a brief resolution which claims the floor even against a con- 
 ference report or the reading of the journal, which demands a vote 
 without one delaying word or motion, which fixes for the opposed 
 measure a time of debate, however brief, and an opportunity of amend- 
 ment, however limited, before it is put upon its final passage. It is 
 not, therefore, a matter of surprise that the House, in the earlier days 
 of the Fifty-fourth Congress, passed two important measures, the tariff 
 bill and the bond bill, with a rapidity unparalleled, probably, in all its 
 previous history." 
 
 285. The Power of the Speaker. — The Speaker of Three 
 the House of Representatives is probably more powerful ^°^^^^' 
 
 ^ . power. 
 
 than any other person connected with our system of 
 governments, with the sole exception of the President of ^' ' 
 the United States. Even his present powers give him a 
 
 Follett, 
 
 position almost of dictator. The sources of this power are speaker of 
 chiefly three : (i) He appoints all of the committees and *^^ ^- f/^-- 
 selects the chairmen.^ (2) He assigns to the committees 
 the bills that the House wishes to commit. (3) The speaker 
 recognizes whom he pleases. The House does not use the 
 custom that the first person to address the speaker shall 
 have the floor. There may be a dozen asking for the privi- 
 lege of speaking or of making a motion, but only the one 
 whom the speaker recognizes has the right to address the 
 House. The speaker can in this way favor certain legislation 
 and obstruct bills to which he is opposed without the help 
 of the Committee on Rules. It is now a rule of the House 
 that persons who are present and not voting may be 
 counted to make a quorum. Before this rule was adopted 
 it was possible for a minority simply by refraining firom 
 voting to interfere with the conduct of business very 
 effectually. 
 
 Before 19 10 the speaker was also chairman and most The Speaker 
 important member of the Committee on Rules, but this ^^ ^^ Rules' 
 position was taken from him by members who feared the 
 further concentration of the speaker's power. 
 
 1 In the sixty-second Congress the power to select committees was 
 granted to the committee on Ways and Means. 
 
254 
 
 The American Federal State 
 
 Growth 
 necessary 
 and will 
 continue. 
 
 Hart, Essays 
 on Gov't, I. 
 
 Follett, 
 Speaker of 
 the H. of R. 
 chap. III. 
 
 Develop- 
 ment. 
 
 McCona- 
 chie, Cong. 
 Committees, 
 
 349-358 
 (table). 
 
 286. Growth of the Speaker's Power. — The speaker was orig- 
 inally, like his English prototype, a mere moderator, whose duty was 
 to preside impartially over the deliberations of the House. But before 
 the first Congress finally adjourned he had been given the right to ap- 
 point committees. By degrees he became more and more closely iden- 
 tified with his party, and less effort was made to give the minority an 
 equal share in the work of even minor committees. The increase of 
 business made necessary the exercise of greater power by the speaker 
 on the floor of the House. At length it was found advisable, in the 
 eighties, to give him and his colleagues on the Committee on Rules 
 the right to arrange the order of business beforehand. As the speaker 
 dominates this committee, and as the committee controls most of the 
 business of the House not in the hands of the speaker, we have an 
 illustration of one man power seemingly at variance with our whole 
 theory of popular government. This concentration of power shows 
 that political bodies need effective organization, even when they are as 
 small as the House of Representatives; and that if no suitable organiza- 
 tion is provided, one* will be developed such as the situation demands. 
 The lower branch of Congress is not a permanent body in any sense, 
 for usually the majority of its members are serving their first term. 
 Consequently, leaders are more necessary, and must be given more 
 power than would be the case were the term of representatives longer 
 or reelection more common. We cannot expect soon to see this con- 
 centration of power cease. It will probably increase, yet there is no 
 real danger to good government in these changes, for it is better to 
 give a few persons a great deal of power, making them correspondingly 
 responsible, than to have that power so distributed among many that 
 little is accomplished, and yet we cannot tell whom to blame for what 
 goes wrong, or whom to reward for faithful service. So long as the 
 speaker's term is short, and he is directly responsible to the House and 
 indirectly to the people, we need have little fear that his power will 
 prove a menace to liberty, 
 
 287. The Committees. — The first standing committees 
 were selected by lot in 178^. In all of the colonies and 
 early state legislatures, and in the continental Congress, 
 committees had been used for the transaction of business; 
 and they were found indispensable in the House. In 1790 
 their appointment was given to the speaker. By 18 16, the 
 year in which the Senate began using standing committees, 
 there were twenty in the House; by 1865 there were forty; 
 and in 19 10 the standing committees numbered sixty-one. 
 
The House of Represe^itatives 
 
 255 
 
 The majority in each case belong to the same political party 
 as the speaker, so that the minority have nothing to say in 
 committee work relative to partisan questions. The com- 
 mittees are composed of an odd number of persons, vary- 
 ing from three members on the Committee on Printing to 
 seventeen on several others. The favorite number is thir- 
 teen. The more important ones have rooms assigned them, 
 and hold meetings at certain hours on specified mornings. 
 It is in these busy committee meetings that most of the 
 real business of the House is transacted. During these 
 sessions of the committees they are in conference with 
 officials belonging to some department of the administra- 
 tion, whose work deals with the same subject as the com- 
 mittee. Here the committee listens to persons who are 
 interested in the bill under discussion, examines witnesses, 
 and makes a complete investigation, accompanied by full 
 expression of opinion by the leaders of the committee. 
 The meetings are often secret, but frequently open to those 
 who have business relations with the committee. 
 
 288. Criticisms of the Committee System. — Our com- 
 mittee system of government has called forth unfavorable 
 comment from able and fair-minded writers, who have 
 devoted a great deal of time to the study of American 
 political methods. The most prominent of these is Mr. 
 Bryce, who mentions several objections to the committee 
 system, as follows : " It destroys the unity of the House as 
 a legislative body." "It prevents the capacity of the best 
 members from being brought to bear upon any one piece 
 of legislation, however important." "It cramps debate." 
 "It lessens the cohesion and harmony of legislation." "It 
 gives facilities for the exercise of underhand, and even 
 corrupt influence." "It reduces responsibility." "It 
 lowers the interest of the nation in the proceedings of Con- 
 gress," and "the country of course suffers from the want of 
 the light and leading on public affairs which debates in 
 Congress ought to supply." Each of these criticisms is 
 briefly discussed in his American Commonwealth to which 
 
 Composi- 
 tion and 
 methods. 
 
 Bn'ce, 115- 
 119. 
 
 Spofford, A, 
 R., in Lalor, 
 III, 78-79. 
 
 Statement of 
 criticisms. 
 
 Br>'ce, 119- 
 122, 126-129. 
 
 Wilson, 
 Cong. Gov't. 
 70-72, 79-85, 
 gi. et seq. 
 
256 
 
 The American Federal State 
 
 Why the 
 defects are 
 not danger 
 ous. 
 
 the student is referred for further information concerning 
 them. 
 
 The justice of the criticisms cannot well be questioned, 
 severe as they appear; but the defects are not so serious 
 as they might seem, for two reasons, (i) The committee 
 system is an absolute necessity for a legislative body which 
 does not restrict the right of initiation of its individual 
 members, and confer upon some set of persons sole power 
 to bring in important bills. The committees have been 
 evolved as the best means of reconciling legislative free- 
 dom of congressmen with increase of business. If we were 
 willing to concentrate most of the powers of initiation in 
 one committee, we could undoubtedly make it more re- 
 sponsible than any of ours now are ; but we should run a 
 greater risk of developing class rule, which we have sought 
 above all else to avoid, during the nineteenth century at 
 least. (2) Most of the faults enumerated above will be 
 avoided, if certain changes are made by which some cen- 
 tral directive committee is given control over the others 
 for the purpose of harmonizing legislation. The most im- 
 portant objections to our system are the lack of unity and 
 the impossibility of fixing responsibility. Such a com- 
 mittee would be able to prevent conflicting and contradic- 
 tory legislation without altering greatly present methods 
 and processes. It could of course be responsible only to 
 the House or to the people through the representatives, as 
 it would have no power outside of the House. 
 
 289. The Course of a Bill. — How is this machinery of 
 the House used in doing business? In the first place it 
 has nothing to do with introducing bills, for every bill is 
 Cong. Govt., presented by some representative acting, it may be, for 
 some committee. Members are not allowed to bring in 
 bills whenever , they please, but are restricted to particular 
 days. The bill is taken to the clerk beforehand, and when 
 the roll by states is called, at the proper time, the clerk 
 reads not the bill, but the title. It is then sent to the 
 proper committee, without delay if but one committee asks 
 
 The routine 
 for bills. 
 
 Wilson, 
 
The House of Representatives 257 
 
 for it. When the bill is of such a nature that it might be 
 referred to either of two committees, and of such impor- 
 tance that both committees want it, delay may be occa- 
 sioned by the strife of the chairmen for the bill. Most of 
 the measures thus committed are never heard of again, are 
 " killed in committee"; but many of them are reported, 
 favorably or unfavorably, to the House. They must then 
 go through second readings, unless they have already done 
 so, and a few, after debate and possibly amendment, are 
 brought to a vote. 
 
 290. The Transaction of Business. — The House has its Allotment of 
 time well divided up by rule and custom. The first and ^^^^ ^^ *^® 
 
 House. 
 
 third Mondays are set aside for the introduction of bills. 
 The other Mondays are devoted to bills relating to the ^^^'^ j5 
 District of Columbia. Friday afternoons are given to pri- (1897), 646. 
 vate bills, aside from pensions, which are taken up Friday 
 evenings. The other days are devoted to public business. 
 
 The House meets at noon, and after prayer and the read- The order 
 ing of the Journal, the speaker recognizes the chairman of of business. 
 the committee who, according to the calendar, has the right Reed, in N. 
 to the floor. The latter has selected some bill or bills ^1807) 646- 
 whose passage he deems essential to the proper perform- 650. 
 ance of his committee's work. He has an hour to present 
 the measure, though he does not often take as much time 
 as that himself. He may have all of that day and of the 
 next, provided he is not interrupted by a report from some 
 other committee whose chairman has the right to demand 
 immediate consideration for the bill reported. At any rate, 
 the first chairman has the claim to parts of two days, and 
 before his time is up he usually moves the previous question, 
 which stops debate and makes it necessary for the House to 
 decide whether the original motion shall be put to a vote. 
 
 291. The Committees of the Whole. — Some of the business Work and 
 of the House is done in what are known as the Committees of the regulations. 
 "Whole. There are two of these : one caring for private bills, and 
 
 the other for public bills relating to finance. The latter is of course 
 much the most important. 
 
258 
 
 The American Federal State 
 
 McCona- 
 chie, Cong. 
 Committees^ 
 99 et seq. 
 
 Exclusive 
 power of the 
 House. 
 
 Hinsdale, 
 §§ 331-334. 
 
 Relation of 
 revenue and 
 appropria- 
 tion com- 
 mittees. 
 
 Bryce, 131- 
 135- 
 
 Wilson, 
 Cong. Gov't, 
 136, 146-163. 
 
 Different 
 forms of 
 taxes used. 
 
 The regulations for these committees are not the same as the rules 
 of the House. The speaker always calls some one else to the chair, as 
 he sometimes does in the House proper. But the presiding officer 
 cannot make any one attend the committee, neither does he have the 
 right to maintain order by force. The quorum, instead of being one- 
 half the members, is only one hundred. Speech is not subject to just 
 the same limitations as in the House, and consequently more opportu- 
 nity is given for discussion. When the committee has finished the 
 business in hand it rises and reports to the House, which is in no way 
 bound by the action of the committee. 
 
 292. The Raising of Revenue. — Among the special 
 powers conferred upon the lower branch of Congress by the 
 Constitution is the right to originate all bills for the raising 
 of revenue. These bills may be amended by the Senate. 
 In practice, measures for the raising or appropriation of 
 money originate in the House, and the Senate alters them 
 to suit its own plans, so that the House may fail to recog- 
 nize the bill sent in by the upper house as the one passed 
 some time before. 
 
 The determination of the amount of revenue needed to 
 run the government, and the methods by which the money 
 shall be raised, is the delicate task assigned the Committee 
 on Ways and Means. It is the custom in this country to 
 have the money raised by one committee and spent by a 
 dozen others. Such a system does not guarantee that the 
 sums received and expended will be the same, nor does it 
 assure a surplus in case of a great difference between the 
 two amounts. The best that the Committee of Ways and 
 Means can do is to raise as much as the government seems 
 to need. It cannot tell how extravagant the different 
 appropriation committees may be, singly or together, as 
 they make no attempt to work in harmony with the Ways 
 and Means. If a deficit occurs, money must be borrowed, 
 and perhaps the new Ways and Means will devise other ways 
 of drawing money from the people's pockets. 
 
 293. The Sources of Revenue. — It will be noticed that 
 in national finance the committee for raising revenue must 
 wait upon the committees who expend it. A nation is not 
 
The House of Representatives 259 
 
 like an individual, whose expenditures must depend upon Cf. \\ 578- 
 his revenue. It has certain governmental duties to per- 584- 
 form, and in performing them it thinks first of carrying on 
 its work, and second of raising the money to do it. In 
 other words, expenditure determines the income. If the 
 expense is unavoidable, and the revenue is not forthcoming, 
 the government sooner or later goes to pieces; but in 
 modern States the question is not whether the money can 
 be obtained, but by what means. In the United States we 
 have derived the greatest part of our revenue from duties 
 on imports. Under Federalist rule, and since 1861, inter- 
 nal revenue has been very important. The public lands 
 have yielded some, while temporary income and direct 
 taxes have been used. Practically every cent brought into 
 the treasury has been by indirect taxes, levied almost as 
 much in the interest of industrial development as for the 
 sake of revenue. 
 
 294. Difficulties encountered by the Committee on Ways Defects in 
 and Means. — All of these indirect sources are liable to ^^'^^^'^^ 
 
 methods. 
 
 great fluctuations, accordins; to the extent of the business 
 in the goods upon which the tax is levied. So the Com- science of 
 mittee on Ways and Means is beset by difficulties, or would Finance, 
 be if it considered these objections worthy of that name. ^29-132- 
 (i) It must raise an amount of money for the government 
 when it does not know how much is needed. (2) Its well- 
 planned calculations may be ruined by some unforeseen 
 business change. (3) In the raising of its revenue from 
 at least one source, the revenue feature is less important 
 than the protection feature. This is true even of the bills 
 designed during late years as free trade measures. (4) If 
 it attempts a nice adjustment of income to appropriations, 
 the changes introduced by the Senate, which even a con- 
 ference committee cannot induce them to drop, spoil the 
 whole scheme. So the committee does not attempt to 
 equalize the two sides of the balance — a problem it can- 
 not solve — but is content if it gets bills passed to meet 
 general needs. 
 
26o 
 
 The American Federal State 
 
 Surpluses in 
 the United 
 States. 
 
 Its distribu- 
 tion among 
 many com- 
 mittees. 
 
 McCona- 
 chie, Cong. 
 Corn's, i8i- 
 i86. 
 
 Wilson, 
 Cong. Gov't, 
 163-169. 
 
 Fortunately for us, the United States government has always had 
 all the money it needed in times of peace, and the Committee on 
 Ways and Means has not had so great a burden as might at first be 
 thought. In fact, our Congresses have had as much trouble in expend- 
 ing the surplus as in raising enough money. It can readily be seen 
 that this command of a full purse has given the national government 
 the opportunity of using its power to better advantage, and has greatly 
 aided in the development of nationality. Had the states been able to 
 levy their taxes as indirectly as Congress has done, they might have 
 insisted upon a stricter construction of the Constitution. Certainly 
 the national sphere of governmental powers would not have been the 
 same if we had used the plan of the new Australasian constitution, 
 which gives the federal government the exclusive right to levy indi- 
 rect taxes upon imports, but compels it to distribute four-fifths of the 
 revenue among the states of the federation. 
 
 295. Regulation of Expenditure. — Before 1865 the 
 Committee on Ways and Means looked after the appropria- 
 tion of funds as well as its present duties. During that 
 year a separate appropriation committee was created. For 
 a time it had sole charge of appropriations, but the Com- 
 mittee on Rivers and Harbors made good its claim to the 
 bill granting money for rivers and harbors. Little by little 
 the Committee on Appropriations has been deprived of its 
 duties, till now it has thirteen associates which take charge 
 of the appropriation of funds for particular purposes. 
 
 Process of 
 
 determining 
 the amount 
 of appropria- 
 tions. 
 
 Adams, 
 Science of 
 Finance, 
 123-129. 
 
 It is customary for the Secretary of the Treasury to have the chief 
 officials in the Treasury and other departments make up in the fall of 
 each year estimates of the amount of money needed for the year begin- 
 ning the first of the following July. These estimates are bound to- 
 gether, and sent with the Secretary's report to Congress when it meets. 
 These estimates are assigned to the proper committees, and are usu- 
 ally the bases of the committees' report, but the committees are not 
 bound by the estimates of the executive department. When a bill 
 making appropriations is reported to the House, that body considers it 
 in Committee of the Whole on the state of the Union. In times past 
 this consideration has been careful and thorough, but with the multi- 
 plication of appropriation bills the House has given less attention to the 
 subject. It might be stated that the committees usually recommend a 
 much smaller amount than that asked in the estimate. In the Senate 
 the appropriation is likely to be increased, and finally, when the con- 
 
The House of Representatives 
 
 261 
 
 ference committee reports, it is probably the close of the session, and 
 the conference bill is passed without much debate on its merits. 
 
 The amount and the sources of our revenue at different periods is 
 shown in the following table (last three figures omitted except in 
 totals) : — 
 
 Year 
 
 Customs 
 
 Internal 
 Revenue 
 
 Public 
 Lands 
 
 Miscel- 
 laneous 
 
 Total 
 
 1795 
 
 ;^5»588 
 
 ^475 
 
 
 ^28 
 
 1 5»954,534 
 
 1820 
 
 15,006 
 
 106 
 
 % 1,636 
 
 93 
 
 16,840,670 
 
 1850 
 
 39,669 
 
 
 1,860 
 
 2,064 
 
 43,592,889 
 
 1865 
 
 83,928 
 
 209,464 
 
 997 
 
 26,642 
 
 322,031,158 
 
 1887 
 
 217,287 
 
 118,823 
 
 9»254 
 
 26,034 
 
 371,403,288 
 
 1899 
 
 206,141 
 
 272,487 
 
 
 37.025 
 
 515,652,666 
 
 The expenditures in the same years have been as follows — 
 
 Year 
 
 Civil and 
 Miscel. 
 Indians 
 
 War 
 
 Deft. 
 
 Navy 
 Dept. 
 
 Pensions 
 
 Int. on 
 Public 
 Debt 
 
 Total 
 
 1795 
 
 $ 1,401 
 
 t, 2,481 
 
 $411 
 
 ^69 
 
 $ 2,947 
 
 $ 7,309,601 
 
 1820 
 
 2,908 
 
 2,630 
 
 4,388 
 
 3,208 
 
 5,151 
 
 18,285,535 
 
 1850 
 
 17,707 
 
 9,687 
 
 7,905 
 
 1,867 
 
 3,782 
 
 40,948,383 
 
 1865 
 
 48,049 
 
 1,030,690 
 
 122,617 
 
 16,348 
 
 77,395 
 
 1,295,099,289 
 
 1887 
 
 91,459 
 
 38,561 
 
 15,141 
 
 75,029 
 
 47,742 
 
 267,932,180 
 
 1899 
 
 132,619 
 
 228,834 
 
 64,814 
 
 139,387 
 
 39,896 
 
 605,551,323 
 
 No account is taken of the receipts from the post-office or of expen- 
 ditures for the same except for the excess above receipts. 
 
 296. Reform of the Financial Methods. — The financial meth- criticisms 
 ods used by Congress have been subjected to very severe criticism. 
 The entire lack of cooperation between the Revenue and Appropria- 
 tions Committees, the inability of the Treasury department to influence 
 either chamber except by suggestions, which are seldom heeded, and 
 the opportunities given at every stage in the preparation of the bud- 
 get, as it is called, to make changes for which the responsibility can- 
 not be fixed, have been attacked unmercifully. Many writers have 
 made a comparison between the British and the American systems, 
 showing the advantages of the former. In Parliament a single com- 
 
 Bryce, 135^ 
 137- 
 
 Wilson, 
 Cong. Gov'ts 
 III. 
 
262 
 
 The American Federal State 
 
 Suggestions 
 for reform. 
 
 Adams, 
 
 Science of 
 
 Finance, 
 
 168-177. 
 
 The House 
 as an elec- 
 toral college. 
 
 Election of 
 1800. 
 
 Channing, 
 ^ 211. 
 
 mittee, the Ministry, prepares the bills for raising and for expending 
 money. The members of the House of Commons may offer amend- 
 ments to either, but in case they are adopted the Ministry aim to 
 alter the second bill so that the two will practically balance. 
 
 Dr. Henry C. Adams, who is recognized as second to no othel 
 authority on financial questions in the United States, offers these sug- 
 gestions for improving our system : — 
 
 " First. The first step in this programme . . . consists in the estab- 
 lishment of a budgetary committee, which shall have full and exclusive 
 jurisdiction over the form of the budget when presented to the legisla- 
 tive body for discussion and vote." 
 
 He proceeds to show how this committee may be made responsible, 
 and why the task is not too great for one committee. 
 
 " Second. It further lies in this plan that the right of individual in- 
 itiative of money bills, as also the right of indiscriminate amendment, 
 should be taken away from the individual members of the House of 
 Representatives, whether the House is organized as a committee of the 
 whole or in legislative session. In this regard the practice in England 
 would seem to meet the requirements of appropriate organization." 
 
 "Third. Better cooperation between the financial committee of Con- 
 gress and the Treasury department, all communications taking place 
 through the Secretary of the Treasury." (Adams's Science of Finance^ 
 pp. 172-176.) 
 
 297. Election of a President. — Besides the special power 
 of the popular chamber concerning matters of finance, and 
 the sole right of impeachment, — discussed in the previous 
 chapter, — the House of Representatives may be called 
 upon to elect a President. This it has done twice. When 
 the electoral college fails to give any one candidate a 
 majority, the House proceeds to select one from the three 
 who stood highest on the list of the electors. The vote is 
 then taken by states, each state having one vote. 
 
 In the election of 1800 the electors did not designate 
 whether the candidates voted for were nominees for the 
 presidency or vice-presidency, they merely cast two votes. 
 As Jefferson and Burr each had seventy-three votes, the 
 House was obliged to select one of the two, because it was 
 a tie. The choice fell upon Jefferson only after thirty-six 
 ballots. The twelfth amendment was adopted in 1804, 
 which changed the method in certain particulars, and made 
 
The House of Representatives 
 
 263 
 
 it necessary for the electors to designate the office of each 
 candidate. 
 
 In the election of 1824 there were four men who received 
 votes in the college. Jackson had ninety-nine, Adams 
 eighty-four, Crawford forty-one, and Clay thirty-seven. 
 The choice was limited to the first three, and as Clay held 
 views similar to those of Adams, by combining the votes 
 of their followers Adams was elected by the House without 
 difficulty. It will be easily perceived that the failure of 
 the college to elect cannot recur under the present Consti- 
 tution, unless there are more than two great parties or 
 during the reorganization of parties. 
 
 298. Characteristics of the House. — The meetings of 
 the lower house are held in a large hall in the south wing 
 of the Capitol. The desks of the members are arranged in 
 semicircular form about that of the speaker, the Republi- 
 cans on his left and the Democrats on his right. When a 
 congressman gains the floor, he may speak from his seat or 
 from the space before the speaker's desk. In either case 
 he is likely to receive scant attention, as the hall is almost 
 always so noisy that difficulty is found in hearing any but 
 the best speakers. Unless the subject is one of consider- 
 able importance, the members are quite often in adjoining 
 rooms, or if present are devoting their time to something 
 else. For these reasons speaking and debate is much less 
 prominent in the House than in the Senate, where the 
 smaller room, and the more orderly deportment, give oppor- 
 tunities for speakers to present their views to advantage. 
 
 According to the Constitution each house is to keep a journal of its 
 proceedings. At present each has a journal published fortnightly, 
 which gives a summary of measures introduced and all votes taken. 
 The government also issues a daily report called the Congressional 
 Record. This contains in full all speeches delivered in either cham- 
 ber, as well as speeches for which there was not time or which were 
 intended to be printed only for the use of constituents. 
 
 299. The House and the Senate. — On account of the 
 more popular character of the House, we should naturally 
 
 Election of 
 1824. 
 
 Channing, 
 \ 264. 
 
 The House 
 at work. 
 
 Ford, Amer. 
 Politics, 252- 
 254- 
 
 Bryce, io8- 
 114- 
 
 Wilson, 
 Cong. Gov't, 
 II. 
 
 Publications 
 of Congress. 
 
264 
 
 The Affterican Federal State 
 
 Sources of 
 strength and 
 weakness in 
 the House. 
 
 Ford, ibid., 
 243-248. 
 
 Bryce, 138- 
 142. 
 
 A still more 
 centralized 
 organization 
 probable. 
 
 expect to find it more powerful than the Senate; but, as 
 already stated, this is not the case. Several causes have 
 contributed to this, but none is more potent than the dif- 
 ference in tenure. The chief element of the Senate's 
 strength lies in its permanence. The retiring of but one- 
 third of the members at one time, and the conservatism of 
 the upper branch, have developed an organization appar- 
 ently less perfect than that of the House, in reality much 
 more efficient. The House has sought to hold its own by 
 great centralization of power in the hands of its leaders; 
 but this concentration hardly offsets the disadvantages pro- 
 duced by short terms and a constantly changing membership. 
 
 300. The Future Organization of the House. — it may be 
 
 that in time the organization of the House will be still further centralized 
 so that it can then dominate the Senate. If it were the custom to reelect 
 representatives in most cases, this would probably be done in the near 
 future, but such a change is not probable. It seems more likely to 
 come through the Committee on Rules. That committee has at pres- 
 ent a great deal of power, much of it of a most arbitrary character, but 
 its control is purely negative. No person and no committee is respon- 
 sible to it. In turn, it is not directly responsible to the House. The 
 suggestion has been made that something similar to the British Minis- 
 try might be used in the House. If the speaker and the Committee on 
 Rules were chosen not for a fixed period of two years, but were to con- 
 tinue in office only so long as they had the confidence of the House, 
 responsibility would be much more definitely fixed. If the committees 
 were appointed as at present, and subject to the oversight and control of 
 the Committee on Rules so that they worked in harmony with the latter, 
 most of the advantages of the committee system would be retained with- 
 out the great defect of a headless organization. The individual member 
 would of course be obliged to give up some privileges for the sake of the 
 whole body. But the House would be less like an army in which each 
 corps works, to a large degree, independent of every other; and each 
 regiment has, as far as possible, a plan of its own which it seeks to 
 execute. 
 
 QUESTIONS AND REFERENCES 
 
 Composition (§§ 277-282) 
 
 a. Early apportionments of representatives are considered by Will- 
 iams, in Lalor, I, 102-111; Story, in his Commentaries^ §§ 676-683, 
 especially notes; James, E. J., in A.A.A.^ IX (1897), i-4i' 
 
The House of Representatives 265 
 
 1. Give the advantages and disadvantages of increasing the term of 
 office for representatives. Would it be better on the whole for us to 
 adopt the English custom of paying no attention to residence of repre- 
 sentatives? Explain your answer. 
 
 2. Can the abuse of gerrymandering be avoided by proportional 
 representation? What would be the effect of proportional representa- 
 tion on the district system? 
 
 3. Would it be advisable to confer upon the courts the right to de- 
 cide disputed elections? Give arguments on both sides. Should the 
 committees have more power in collecting evidence? 
 
 i. How many congressional districts are there in your state ? In 
 which one do you live? What counties (if more than one) are com- 
 prised in it? How does it compare in area and population vdth 
 the others of the state ? (Cong. Dir., some Pol. Als,, State Blue 
 Book.) 
 
 ii. Who is your representative at present ? How many terms has 
 he been in Congress? On what committees does he serve? For what 
 bills has he been directly responsible ? Compare the vote at the last 
 election with those of previous ones. (Last Cong. Dir. and Pol. Als.) 
 
 iii. When do disputed elections become especially important? How 
 many seats were contested at the beginning of the last session? Were 
 the members of the dominant party seated in every case ? 
 
 Organization and "Work (§§ 283-291) 
 
 a. Make a study of the lower houses in France, Germany, and Eng- 
 land based upon Wilson's The State, §§ 402-405 (Fr.), §§ 516-529 
 (Ger.), §§ 890-909 (Eng.); and Burgess's Comparative Constitutional 
 Law, Vol. II, Div. II, chap. II (Eng.), chap. Ill (Ger.), chap. IV 
 (Fr.), chap. V (comparative study of all). 
 
 1. Can you suggest any system that can be or could have been sub- 
 stituted for that of the committees? Are the defects of our system 
 inherent in it ? are they unavoidable because of our poHtical ideals and 
 methods, or may they be remedied? (Read references above, if possi- 
 ble, before answering.) 
 
 2. What means have the House and the people of making the Com- 
 mittee on Rules and the speaker responsible? Is or is not an increase 
 of their authority dangerous, and why? Would it be best to give the 
 Committee on Rules the same right as the EngHsh ministry to intro- 
 duce measures ? How can we best remedy the two serious defects of 
 our system, viz., lack of unity and lack of power to fix and enforce re- 
 sponsibility, with or without changing the committee system? 
 
266 The American Federal State 
 
 3. Give reasons why private bills should be left as much as possible, 
 to the committees. Does the House devote too great a proportion of 
 its time to these bills? 
 
 i. Name in order the six committees you consider most important. 
 Who is chairman of each? What members from your state are on any 
 of them, and which ones ? Do any of the committees appear to be sec- 
 tional in their composition? 
 
 ii. Who is the speaker of the House? From what state does he 
 come? Who were his rivals for the speakership? Has any section 
 had more than its share of speakers since i860? (See Appendix C.) 
 
 iii. Mention at least three instances of public bills passed by the last 
 Congress. Give four classes of private bills. Mention recent cases of 
 filibustering in Senate or House. 
 
 iv. To what committees would the following bills naturally be as- 
 signed (in case it might be appropriately given to more than one, 
 name all) : Nicaragua Canal bill ; bill appropriating $50,000 for a 
 public building ; a pension bill ; bill enlarging powers of the Inter- 
 state Commerce Commission; amendment to the Constitution; bank- 
 ruptcy bill ; tariff bill for Philippine Islands ; bill providing for 
 resurvey of public lands, for deepening the channel of the Missis- 
 sippi, granting land to a transcontinental railroad, arranging for the 
 purchase of armor plate, and revising the law of copyright. 
 
 Special Powers (§§ 292-300) 
 
 1. Can we ever make any person or set of persons absolutely re- 
 sponsible for money bills under our present system and with present 
 conditions? Explain. Do we have sufficient guarantee that the 
 money will be well spent? 
 
 2. What would be the advantages of giving the executive depart- 
 ments more influence over the financial operations of Congress? the 
 disadvantages? 
 
 3. Why was the election of a President, in case the college failed to 
 select some one, left to the House of Representatives ? Why was the 
 vote to be taken as it is? Have the persons chosen commanded any 
 less confidence on account of the method of choice? 
 
 i. Consult the tables in § 295. What is the principal source of 
 revenue at the present time ? Which one can be increased most 
 easily? To what extent has direct taxation been used ? 
 
 ii. What item of expenditures has been greatest, taking our history 
 as a whole ? Which items are increasing ? which ones decreasing ? 
 Should any be curtailed, and if so, which? 
 
The House of Representatives 267 
 
 iii. "What is the amount of the public debt ? Of what parts is it 
 composed ? What was the size of the debt in 1835 ? '^^ iSGy ? in 
 1890? Is it increasing or diminishing now? "Why is it thought that a 
 public debt is a good thing and continued surpluses are injurious to 
 a government? (Pol. Als.) 
 
 iv. In what year were the representatives chosen who elected 
 Jefferson? "Who voted for Adams? Look up in Johnston's American 
 Politics the composition of the houses in session in February, 1 801, and 
 February, 1825, and compare each with that of the houses elected in 
 November, 1800, and in November, 1824. Is any principle of demo- 
 cratic government violated? 
 
CHAPTER XIII 
 
 THE POWERS OF CONGRESS 
 General References 
 
 Hinsdale, The American Government, 194-235. 
 
 Townsend, Civil Government, 157-207. 
 
 Schouler, Constitutional Studies, 1 15-147. 
 
 Cooley, Constitutional Law, 53-102. 
 
 Burgess, Political Science and Comparative Constitutional Law, ll, 
 133-167. Discusses general principles. Authoritative. 
 
 Meigs, Evolution of the Constitution, 122-159, 261-272. 
 
 Boutwell, The Constitution at the End of a Century. Summary of 
 some important decisions. 
 
 The Federalist, Nos. XXIII-XLIII. 
 
 Story, Commentaries, chaps. XIV-XXXI. The most complete exposi- 
 tion of the law of the subject. 
 
 Aim of the 
 chapter. 
 
 Extent of 
 the power 
 conferred. 
 
 Hinsdale, 
 h\ 341-347- 
 
 Cooley, 
 Const' I Law, 
 53-63- 
 
 301. General Powers. — All the legislative power granted 
 in the Constitution to the United States government is 
 vested in Congress. The different classes of these powers 
 have been mentioned in two places, but they deserve a fuller 
 treatment. It is the aim of this chapter to discuss some 
 features of the most important powers which are not con- 
 sidered at some length under other heads, and to note 
 some of the means used by Congress in performing its 
 constitutional duties. 
 
 302. Taxation. — Article I, Section 8, of the Constitu- 
 tion opens in this way : " The Congress shall have power 
 to lay and collect taxes, duties, imposts, and excises, to 
 pay the debts and provide for the common defence and 
 general welfare of the United States; but all duties, im- 
 posts, and excises shall be uniform throughout the United 
 States." As is well known, the Confederation failed par- 
 
 268 
 
The Powei's of Congress 
 
 269 
 
 United States 
 bonds. 
 
 tially because of lack of funds, its sources for revenue 
 being (i) requisitions upon the states, (2) borrowing 
 money, or (3) creation of paper money. There was no 
 one thing upon which the convention was more unanimous 
 than that the central government should have independent 
 power of taxation. The right to levy "taxes, duties, im- 
 posts, and excises "was therefore granted, subject to the 
 restrictions that all direct taxes should be in proportion to 
 population, and that the others should be uniform through- 
 out the country. But it was thought best to state the 
 objects to which this revenue was to be devoted. Fortu- 
 nately, the term general welfare was inserted, which has 
 made it possible for Congress to expend this money for any 
 object over which the national government has constitu- 
 tional control. The extent to which these different kinds of 
 taxes have been used is taken up in the chapter on Taxation. 
 303. Borrowing Money. — The Constitution directly con- 
 fers the power to borrow money on the credit of the United 
 States. This is done in several ways. Usually the national Hinsdale. 
 government issues bonds, which it sells upon the market to ^^^ 348-350- 
 the highest bidders. The rate of interest that is offered, 
 and the premium or discount at which the bonds are taken, 
 depend upon the credit of the government at the time 
 rather than upon the amount of the existing debt. During 
 all of our wars, and occasionally in times of peace, the gov- 
 ernment has found it necessary to sell bonds. The largest 
 amount ever issued at one time was in 1862, when the par 
 value of the bonds was 1^500,000,000, although the next 
 year Congress authorized $900,000,000; but this second 
 law was soon after altered. Most of the bonds of the Civil 
 War were for six per cent, and sold at or near par. Dur- 
 ing the Spanish- American War, when the government offered 
 ^200,000,000 worth of three per cent bonds for sale, more 
 than six times as much was subscribed, most of it at a pre- 
 mium. In view of these facts comment on the improved 
 credit of the United States is unnecessary. At the present 
 time the Secretary of the Treasury may sell three per cent 
 
2/0 
 
 The American Federal State 
 
 United States 
 notes. 
 
 Boutwell, 
 Const, at End 
 of Century, 
 182-190. 
 
 Power of 
 Congress in 
 regard to 
 money. 
 
 Legislature 
 V. the execu- 
 tive. 
 
 Cf. Meigs, 
 Growth of 
 Const., 146- 
 150. 
 
 Hinsdale, 
 \\ 400-408. 
 
 Cooley, 
 Cojisfl Law, 
 88-92. 
 
 Advantage 
 of a small 
 army. 
 
 bonds without special action of Congress. This enables 
 him to meet any special crisis, even if Congress is not in 
 session. 
 
 The United States may also borrow money by means of 
 what is called notes. These are issued either for a short 
 time or else for an indefinite period, and may or may not 
 bear interest. In some cases, as with the "greenbacks," 
 they have been made legal tender in the payment of debts. 
 
 The national government has full charge of all matters 
 relating to coins, coinage, and the prevention of counter- 
 feiting; and the states are not permitted to issue bills of 
 credit nor make anything but gold and silver coin a tender 
 in payment of debts. 
 
 304. Military Power : the Army. — The constitutional 
 history of the English-speaking race is, to a large extent, 
 a record of the struggle between the monarch and the rep- 
 resentatives of the people to see which should have charge 
 of all financial and military affairs. In this country at 
 the present time the executive has nothing to say about 
 the purse except in a negative way. But he still retains the 
 monarch's position as military leader, though Congress has 
 a great many checks upon him. It alone can declare war, 
 raise and support an army, and create a navy, and make 
 rules for the regulation of the land and naval forces, which 
 the President is to execute; but even if it wishes, it cannot 
 vote money for an army for a longer time than two years. 
 Congress also provides for organizing and calling forth the 
 militia " to execute the laws of the Union, suppress insur- 
 rections, and repel invasions." The American people have 
 always shown so great a distrust of a standing army that 
 Congress has never authorized a force larger than was 
 necessary to keep the Indians in order. This freedom 
 from the militarism which binds Europe has been of ines- 
 timable advantage, because it has left half a million of our 
 ablest-bodied citizens at liberty to enter the ranks of pro- 
 ducers instead of living upon the income of others. Before 
 1898 the maximum of enlisted men permitted by law was 
 
The Powers of Congress 271 
 
 25,000, but the law of 1901 placed the maximum at 100,000, 
 with a minimum of 5 7,000. 
 
 oo«; The Militia. —A great many believe that proper Rules for 
 preparation for possible wars can be obtained without serious ^^^ .^ 
 loss to our industrial life through a well-trained militia. At service, 
 the present time, there are only a little over a hundred 
 thousand men enrolled in this branch of the service, 
 although theoretically the militia includes all able-bodied 
 citizens between the ages of eighteen and forty-five who are 
 not exempt by national or state law. Each militiaman 
 enrolled for service is pledged for three years, during 
 which he receives arms and accoutrements free. He may 
 be called out by the state executive or by the President, 
 for any time not exceeding nine months, to repel invasions 
 or put down insurrection. He is not compelled to fight 
 on foreign soil, but is otherwise under the same regulations 
 as the regular soldier when called upon to perform duty by 
 the national government. 
 
 The general rules for the militia are passed by Congress, and pro- Contrast 
 vide for the method of organization, number of officers, method of ^^^^^f^"^^°^' 
 election, and other details. Such matters as are not considered by ^^^^.^ 
 Congress are cared for by each state as it sees fit. The difference reserves, 
 between the national guard and the Landwehr or other reserves in 
 foreign countries should be carefully noted. Our militia is not a 
 trained body in the same sense as these others, for it is not composed 
 of members of the standing army who have given the required num- 
 ber of years to their country, and are kept organized so as to be called 
 on in case of need. Such a force is necessarily more efficient than a 
 miUtia is likely to become. 
 
 306. The Navy. —Most of those who have given the Value of a 
 subject special study advocate a large navy as the best "^^• 
 means of protecting ourselves from foreign enemies in 
 time of war, and as a means of preventing war altogether. 
 Since 1883 the United States government has done a great 
 deal toward building up a navy, but in 1910 we ranked 
 third among the nations in the number of formidable ves- 
 sels. Need of defending our colonies, as well as the 
 
272 
 
 The American Federal State 
 
 Different 
 means for 
 defence. 
 
 Ayres, J. C. 
 Forum, 
 XXIV 
 (1898), 416- 
 421. 
 
 Views 
 
 regarding 
 
 the extent of 
 
 Congress's 
 
 territorial 
 
 powers. 
 
 Judson, H. 
 P., in R. ofR. 
 XIX (1899), 
 67-75- 
 
 Partial self- 
 government 
 and prepara- 
 tion for 
 statehood. 
 
 Hinsdale, 
 
 hh 589-597. 
 
 Cooley, 
 Const' I Law, 
 
 VJO-VJ2,. 
 
 Panama canal and our own extensive coast line has induced 
 Congress to make large appropriations, but Great Britain 
 and Germany have been even more interested in securing 
 a fleet of Dreadnaughts. 
 
 307. Coast Defence. — Congress has made every effort to 
 adequately protect our seaports by coast defences of different 
 kinds. The most important of these are the coast-defence 
 vessels, usually heavy-armored monitors or floating batteries; 
 and the land batteries, composed of large mortars and very 
 powerful guns, often mounted on disappearing carriages. 
 The channels are well guarded by torpedoes or submarine 
 mines controlled by electricity from the nearest fort or 
 battery. Only upon the Great Lakes is the defence quite 
 incomplete. By treaty with Great Britain we have agreed 
 not to keep more than one war vessel, and not to fortify 
 any harbors. 
 
 308. Territorial Powers. — The national government has 
 power to acquire, cede, and control territory. The Consti- 
 tution does not directly delegate the first of these, but no 
 right is now more firmly established than that of annex- 
 ing territory. For this public domain Congress may make 
 "all needful rules and regulations." Over it the power of 
 Congress is very great, the Supreme Court having decided, 
 in the "Insular cases" of 1901 and 1904, that Congress 
 may levy special tariffs on the colonies, since they are not 
 integral parts of the " United States," and that Congress 
 shall decide when the Constitution shall apply to territory 
 that we acquire. 
 
 309. Principles of Territorial Control. — The develop- 
 ment of national power has gone hand in hand with our 
 territorial growth. Attention has already been called to 
 the causes which influenced the states that had Western land 
 claims under the Confederation to yield control of this 
 Western domain to the United States in Congress assem- 
 bled. These cessions began as early as 1780, and were not 
 completed till 1802. In the famous Ordinance of 1787 for 
 the territory northwest of the Ohio River, Congress pro- 
 
The Powers of Congress 
 
 273 
 
 ceeded to lay down two principles that have been pretty 
 faithfully adhered to in all later acquisitions : (i) The 
 territory is governed by Congress, but as the population 
 increases the people are given a larger share in the gov- 
 ernment; (2) preparation is made for the admission of 
 states as soon as the population is sufficient and upon an 
 apparent equality with the other states. 
 
 310. Acquisition of Territory. — Since 1787 we have 
 rarely failed to embrace any opportunity to enlarge our 
 boundaries. The first addition was made in 1803, and 
 consisted of nearly a million square miles called Louisiana, 
 covering all of the western Mississippi basin and the isle of 
 Orleans. In 18 19 Florida was purchased from Spain, and 
 we gained a natural boundary on the southeast. In 1845 
 we annexed, by joint resolution of Congress, the inde- 
 pendent state of Texas, with extensive but indefinite 
 boundaries on the west. The next year a treaty with Great 
 Britain recognized our right to the Oregon country west of 
 the Rockies and south of the forty-ninth parallel. At the 
 close of the war with Mexico (1848) a large section of terri- 
 tory south of Oregon and west of Texas was annexed, and 
 (1853) a disputed strip in what is now the southern part of 
 Arizona was added, the sum of ^25,000,000 being given 
 Mexico as compensation for this immense region. In 
 1867 Alaska was purchased from Russia for $7,200,000. 
 Not until 1898 were any further changes made. In July 
 of that year Hawaii was annexed by joint resolution, and 
 later, by the treaty with Spain, Porto Rico and other 
 islands were ceded, and the Philippines were transferred, 
 $20,000,000 being paid for Spanish property. 
 
 311. The Government of a Territory. — This domain has 
 usually been divided into districts of a convenient size 
 called territories. These territories are governed accord- 
 ing to the law that may be prescribed by Congress, and are 
 of two classes, organized and unorganized, the former always 
 having a large degree of self-government, the latter being 
 governed from Washington. 
 
 Territorial 
 
 growth 
 
 (1803-1 
 
 Hinsdale, 
 
 hh 584-582 
 
 Organized 
 and unorgan- 
 ized terri- 
 tories. 
 
 Cf. § 628. 
 
274 
 
 The American Federal State 
 
 Degree of 
 self-govern- 
 ment in the 
 organized 
 territories. 
 
 Bryce, 389- 
 400. 
 
 Cooley, 
 Const' I Law, 
 172, 173. 
 
 Degree of 
 
 national 
 
 control. 
 
 Government 
 of Washing- 
 ton, past and 
 present. 
 
 Meriweather, 
 C, in P. S. Q. 
 XII (1897), 
 409-419. 
 
 Process of 
 admission. 
 
 Cooley, 
 Const' I Law, 
 175-183. 
 
 In what we may call the territorial, as distinguished from 
 the colonial government, we have a combination of self- 
 government with control by the United States. The legis- 
 lature of two houses is chosen by the people for a term of 
 two years, and its sessions are biennial. The legislature 
 has almost as full power as the legislatures of the states, 
 subject of course to the negative of Congress. Each ter- 
 ritory chooses a delegate, who sits in the House of Rep- 
 resentatives and may speak on bills affecting the territory, 
 though he has no vote. The people also elect all judges, 
 except the very highest, and all local officials. 
 
 Yet national control is quite prominent even in a " self- 
 governing " territory. The President appoints, by and with 
 the advice of the Senate, the governor, the secretary, the 
 three judges of the highest court, the district attorney, and 
 the marshal, all of whom hold office for four years. The 
 number of members of the legislature and the qualifica- 
 tions of voters are determined, not by territorial, but by 
 congressional law. The governor has general executive 
 power, is head of the militia, and has power to pardon 
 offences against territorial law. He has, in addition, a 
 two-thirds veto over the legislature. Congress may at any 
 time change the government of a territory, and it at all 
 times reserves the right to annul a law of the legislature. 
 
 312. The District of Columbia is governed by Congress 
 as it sees fit. Until 1870 the city of Washington was 
 allowed a regular municipal government. Then for some 
 years it was governed more directly by Congress j but 
 since 1878 control has been exercised through three com- 
 missioners appointed by the United States legislature, with 
 pretty complete power to appoint, and to make ordinances. 
 
 313. Admission of New States. — These territories may 
 be admitted to full statehood by Congress at its discretion. 
 It often happens that the territory which desires admission 
 calls a constitutional convention so as to adopt and ratify 
 a constitution before applying. If its request meets with 
 favor, it is then admitted at once. More frequently Con- 
 
The Powers of Congress 275 
 
 gress passes an "enabling act," which designates the boun- 
 daries of the new state, names the qualifications of voters 
 who shall elect a convention for the purpose of framing a 
 constitution. It may go further and specify certain condi- 
 tions that must first be fulfilled, such as provisions for pub- 
 lic schools and renunciation of all claims to public lands. 
 If the constitution accepted by the people is satisfactory 
 to Congress, and if that body believes the conditions have 
 been met, the territory is declared to be a state of the 
 
 Union. 
 
 314. Limitations on Admission of New States. — In the Constitu- 
 admission of new states the Constitution prescribes certain ^^^^^^J^""' 
 limits beyond which Congress shall not go. When the 
 
 ^ , 11 Storv, Com- 
 
 Constitution was formed there was very great dread among ^,„^^^^j. 
 the states that Congress might interfere with them, so the 
 express provision was inserted that "no state shall be formed 
 or erected within the jurisdiction of any other state, nor 
 any state be formed by the junction of tvvo or more states, 
 or parts of states, without the consent of the legislatures 
 of the states concerned as well as of the Congress." The 
 only time that these clauses have been in any way violated 
 was in the admission of West Virginia, in 1863. The state 
 of Virginia was in rebellion, but the western counties re- 
 mained loyal. A new constitution was adopted ostensibly 
 by the whole state, really by this one section. Its senators 
 and representatives were recognized by Congress, and the 
 name West Virginia given to the state. After the war the 
 Virginia legislature gave its consent to the change. 
 
 315. Congress in the States. —It has always been the Conditions 
 aim of our federal system to prevent Congress from inter- [^'J^f^J^^^^ 
 fering in the states except with those matters under its ^^^^^^ 
 immediate charge. Yet one power given by the Constitu- const' i Law, 
 tion has furnished the excuse for territorial control of the 202-206. 
 states by the national legislature. It is contained in Sec- Hinsdale, 
 tion 4, Article IV, and reads as follows: "The United §§598-603. 
 States shall guarantee to every state in this Union a repub- 
 lican form of government, and shall protect each of them 
 
2/6 
 
 The American Federal State 
 
 Use of the 
 power. 
 
 Johnston, in 
 Lalor, II, 
 543-545- 
 
 Commercial 
 powers in 
 the conven- 
 tion. 
 
 Meigs, 
 Growth of 
 Const., 135- 
 138. 
 
 against invasion, and, on application of the legislature or 
 of the executive (when the legislature cannot be convened), 
 against domestic violence." 
 
 It must be perfectly evident that the Union cannot exist 
 as a Federal State if the states differ greatly in their political 
 or social institutions, and, consequently, it was necessary 
 to give Congress power to prevent the establishment oi 
 monarchical or other anti-republican forms of government. 
 In reconstruction times this clause was given as a reason 
 for the constitutional interference of Congress in the South- 
 ern states. It was asserted that a republican form of gov- 
 ernment did not exist, and that Congress should care for 
 state affairs until it was evident that a republican form of 
 government would be maintained. 
 
 The other clauses of this section will be considered under 
 the military power of the executive (§§ 339, 340). 
 
 316. Commerce with Foreign Nations. ■ — The lack of 
 power to regulate commerce was one of the principal causes 
 which produced the federal union of 1787. The naviga- 
 tion laws made by Parliament had been so odious that the 
 states were careful not to intrust the Congress of the Con- 
 federation with the charge of commercial matters, except 
 so far as they may have been affected by treaties with other 
 countries. But if the history of the Confederation showed 
 anything, it proved that the states were incompetent to deal 
 with a subject in which uniformity was so much needed. 
 There was, accordingly, little difference of opinion among 
 the members of the convention as to the need of central 
 control of commerce, but there nevertheless appeared con- 
 siderable opposition to giving Congress full power over it. 
 An unsuccessful attempt was made by the anti-commercial 
 element of the South to require all navigation laws to be 
 passed by a two-thirds vote; but by making concessions by 
 which the slave trade was permitted for twenty years, the 
 New England states succeeded in removing the two-thirds 
 clause, so that commercial laws were made in the same way 
 as all others. The agricultural sections of the country were, 
 
The Powers of Congress 277 
 
 however, able to insert in the Constitution a provision that 
 no duty should be laid on goods exported from any state. 
 Duties on imports were permitted as well as other com- 
 mercial regulations by treaty or by law; but all duties were 
 to be "uniform throughout the United States," and "no 
 preference shall be given by any regulation of commerce or 
 revenue to the ports of one state over those of another." 
 
 317. Means of promoting Foreign Commerce. — All mod- Through 
 ern nations have taken pains, directly or indirectly, to pro- commercial 
 mote the commercial interests of their citizens. Almost all 
 
 seek to protect industry within their borders by protective 2nierican 
 tariffs; and they are in the habit of bidding for the favor Diplomacy, 
 of other nations, by modifying these tariffs, if a similar 421-424' 
 reduction can be obtained from the country with whom they 
 are dealing. This general principle is called " reciprocity," 
 and has been used by our Department of State under laws 
 of Congress. Another method somewhat similar is to in- 
 crease trade by treaty through what are known as the " most- 
 favored nation " clauses. That is, if we make a commercial 
 treaty with Italy, in which both parties agree that the other 
 shall have all the advantages of the most-favored nation, 
 then any special privilege Italy may later extend to a third 
 country will, by virtue of the treaty, be granted to us. 
 
 The Panama canal is the greatest undertaking of the Canal and 
 United States government for the development of foreign ^^^^°Jj^"^' 
 commerce. This ship canal, costing several hundred million 
 dollars, will stimulate greatly the trade between points on ^^^^^ ^'r ^' 
 the two oceans. Foreign commerce is also aided by the 442. 
 improvement of harbors, by coast surveyors and patrol, and 
 in numerous other ways. 
 
 Still another way of fostering foreign commerce or in- Subsidies, 
 creasing our carrying trade is by the granting of bounties or Hadley, A. 
 subsidies to persons who build and equip American vessels. T., in Lalor, 
 Foreign states have used this artificial means ; but the 
 United States has used subsidies very little. 
 
 318. Interstate Commerce. — Commerce between the Power of 
 states is necessarily a subject for which the states cannot o"g^"^ss. 
 
2/8 
 
 The American Federal State 
 
 Cooley, 
 Const' I Law, 
 6S. 67-77- 
 Story, Com- 
 mentaries, 
 §§ 1066-1075. 
 
 Boutwell, 
 Const, at End 
 of Century, 
 190-204. 
 
 Aid given by 
 the govern- 
 ment. 
 
 Johnston, in 
 Lalor, II, 
 568-573. 
 
 Historical. 
 
 Hotchkiss, 
 W. H., in 
 N. A. R., 167 
 (1898), 580- 
 591. 
 
 Law of 1898. 
 
 Dunscomb, 
 S. W., Jr., in 
 P. S. Q. 
 XIII (1898), 
 606-613. 
 
 properly legislate. During most of our history the action 
 of Congress has been largely negative, confined to keeping 
 the states from interfering with the navigation and control 
 of rivers that flow through more than one state or between 
 states. With the increase of railway traffic, congressional 
 law became inevitable, and led to the creation of the Inter- 
 state Commerce Commission, and to the anti-trust legis- 
 lation already mentioned (§ 218) and to be discussed later 
 (§613,618). 
 
 The development of inland, as well as foreign commerce, 
 has been assisted by the appropriations made by Congress 
 for the improvement of rivers and harbors. An immense 
 amount of work has been done in widening and deepening 
 channels, in building breakwaters, in erecting lighthouses, 
 and in other ways. The magnitude of these improvements 
 may be indicated by the statement that a single appropria- 
 tion bill, that of 1897, authorized contracts for the improve- 
 ment of rivers and harbors aggregating over ^60,000,000. 
 
 319. Bankruptcy Laws. — Even in 1787 the leaders of 
 political thought realized that bankruptcy laws should not 
 be subject to the differences and uncertainties of state law, 
 but should be the same in New Hampshire as they were 
 in Georgia. In point of fact. Congress has acted tardily 
 and hesitatingly on this important subject, and the states 
 have passed many laws for insolvents which the national 
 courts have recognized as constitutional during the times 
 Congress has done nothing, which cover the great part of 
 the last century. In 1800 a law was passed which was in 
 force three years. In 1841 another bankruptcy law lasted 
 an even shorter time. 1867 saw the third attempt, but this 
 law was repealed in 1878. Finally, in 1898, the present 
 law was passed. A distinction is made between the volun- 
 tary and involuntary bankrupt; the former being given the 
 opportunity to pay off his debts with what assets he pos- 
 sesses, while the creditors of the latter are guaranteed pro- 
 tection against fraud and, consequently, against unnecessary 
 loss. 
 
The Powers of Congress 279 
 
 320. Coins. — In order that the business of a country National 
 may not be unnecessarily embarrassed, the central govern- power 
 ment must be given power to make uniform laws regarding limitations 
 the standards of value and measurement. The Constitu- regarding 
 tion gives Congress the right to determine what metals shall ^°^"^se- 
 be used for coins, which one or ones shall be the standard, Hmsdaie, 
 what amount of each metal is to be used in the different 388-390. 
 pieces of money, and what value foreign coins shall legally 
 have when used in the United States. The Congress of 
 the Confederation adopted the decimal system, suggested 
 by Morris and simplified by Jefferson. This convenient 
 scheme has been continued and is still in use; although 
 until 1900 we had, theoretically, two standards, gold and 
 silver, whereas now we have but one, gold. The states are 
 forbidden to coin money or to issue paper money, but they 
 may create banks, which have the right to issue bank notes 
 — which are never legal tender. At the present time a tax 
 of ten per cent by Congress upon such state bank notes 
 is of course prohibitory. Congress has also full power to 
 punish counterfeiters of national currency, so as to protect 
 the individual in the use of coin of the realm. 
 
 321. Weights and Measures. — The English system of The English 
 weights and measures was in universal use and was, ^y^*^"^ "s^^- 
 naturally, the one selected by Congress. Several attempts Hinsdale, 
 have been made to have the metric system adopted ; but h 3^7- 
 although Congress has declared the use of the metric stand- 
 ards to be legal, they have not been widely accepted by 
 
 the business people of the country. 
 
 322. Naturalization. — We have already considered the History of 
 process of naturalization (§ 252), and can readily appreciate Jl^^^J^^'^^- 
 that to leave such a subject to the separate states would be 
 
 the height of folly. Even when the great majority of the 
 population believed there was no United States citizenship, 
 very few desired to deprive Congress of the power to regu- 
 late this subject. The laws passed have not been very dif- 
 ferent from the one in operation now. Except from 1790 
 to 1795, when the period of residence required was two 
 
28o 
 
 The American Federal State 
 
 Individual 
 and collec- 
 tive natural- 
 ization. 
 
 Punishment 
 of each. 
 
 Hinsdale, 
 
 hh 559-568. 
 
 Burgess, Pol. 
 Scieiice, II, 
 147-150. 
 
 Hinsdale, 
 §§ 391-398. 
 
 years, and from 1798 to 1802, when it was increased to 
 fourteen years, the time has always been five years. The 
 most ambitious attempt to keep foreigners from citizenship 
 was that of the " Know-nothing " party during the fifties, a 
 very great extension of time being favored. 
 
 Naturalization has been accomplished in one of two 
 ways : individually, where a single person makes out his 
 papers as described; and collectively, where by law or 
 treaty a number of aliens are declared to be citizens, as in 
 the treaty by which Louisiana was purchased, the treaty 
 of Queretaro (1848), or the fourteenth amendment. At 
 present the laws restrict individual naturalization to persons 
 of the white or black race. 
 
 323. Treason and Piracy. — The most important crimes 
 that come under the control of the United States govern- 
 ment relate to piracy and treason. It is left for Congress to 
 decide what constitutes the former, but the latter is defined 
 in the Constitution. Yet Congress may regulate the punish- 
 ment of treason as well as of piracy. In reality the laws 
 relating to treason have been marked by leniency. If we are 
 in any doubt concerning this, we have only to compare the 
 wholesale confiscation acts passed by the state legislatures 
 for the Tories at the close of the Revolutionary War with 
 the treatment of the Southerners after the War of Secession. 
 
 324. Other Powers. — Among the other powers expressly 
 conferred upon Congress are the right to create post-offices 
 and post roads (§ 358) ; to vest the appointment of officials 
 in the higher executive officers; to make uniform laws on 
 patents and copyrights for the encouragement of inventive 
 and literary ability (§364); to create national tribunals 
 inferior to the Supreme Court (§§385-388); to make laws 
 regulating the election of senators, representatives, and 
 presidential electors; to determine the compensation of 
 all national officials; and to provide for amendments to the 
 Constitution by a two-thirds vote of both Houses. 
 
 325. The Elastic Clause. — As I have already stated in 
 other connections, the power that has infused life into 
 
The Powers of Congress 
 
 281 
 
 these powers of Congress is contained in what is known as 
 the "elastic clause," that "Congress shall have power to 
 make all laws which shall be necessary and proper for carry- 
 ing 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." 
 It is probable that the different departments of the central 
 government would have sooner or later accepted the doc- 
 trine of implied powers without this clause, but the con- 
 stitutional difficulties would have been very much greater 
 without it. Of late years there has been a tendency to go 
 further than even implied powers would naturally permit, by 
 claiming that powers can be exercised by the United States 
 government because of its inherent sovereignty, without 
 regard to the powers delegated either express or implied. 
 Even supreme court justices, considered the most conserva- 
 tive of our officials, have indirectly given an indorsement 
 of this view in the Legal Te7ider Cases and in later deci- 
 sions. Such a method of interpreting the powers of Con- 
 gress will of course insure its ability to legislate for all 
 subjects that may come up, and which even we at this time 
 cannot foresee; but it must have a very great influence on 
 the character of our federal system in the future. 
 
 Influence of 
 "implied 
 powers " on 
 position of 
 Congress. 
 
 Boutvvell, 
 Const, at End 
 of Century , 
 231-233- 
 
 QUESTIONS AND REFERENCES 
 Financial Powers (§§ 301-303) 
 
 1. Was too mucli power of taxation given to Congress by the Con- 
 stitution? Would it have been beneficial to the country at large to 
 have part of the revenue from imports distributed among the states? 
 
 2. What objections are there to having direct taxes levied by the 
 central government? Is the rule that all direct taxes must be levied in 
 proportion to population a wise one at present? Explain your answer 
 ftiUy. 
 
 Military Powers (§§ 304-307) 
 
 I. Are the dangers that come from lack of military and naval prepa- 
 ration greater or less than those which may result from having a strong 
 army and navy, and what are they in each case? 
 
282 The American Federal State 
 
 2. Assuming thorough iand careful preparation for war as a neces* 
 sity, would it be best to devote most attention to the army, the militia, 
 the navy, or coast defence, and why? 
 
 3. Have any changes of military policy been caused by the 
 new international relations of the United States? by the acquisi- 
 tion of distant colonies? by the construction of the Nicaragua 
 Canal? 
 
 i. How large is our army? Are there any volunteers? Who is the 
 commanding general ? What departments are there ? How are the 
 forces organized? 
 
 ii. Look up the number of each class of vessels in our navy. How 
 does it compare with the number in 1890? With those of the same 
 classes of Great Britain? France? Germany? (Pol. Als.) What is the 
 difference between a battleship and a cruiser? between an armored and 
 protected and an ordinary cruiser? 
 
 Territorial Powers (§§ 308-315) 
 
 /2. "Territorial Growth of the United States," Hinsdale, How to 
 Study History y 253-276; Johnston, in Lalor, I, 93-99 ; Donaldson, 
 Public Domain, 89-145 ; Bicknell, Territorial Acquisitions of tke 
 United States. 
 
 1. At the time, what has been the feeling in regard to the annexa- 
 tion of the territories mentioned in § 310? Has the nation been unani- 
 mous about any one ? In what instances was there decided protest 
 from particular sections, and from which ones? Is there general regret 
 over any annexation we have made? 
 
 2. What constitutional right have the territories to self-government? 
 How are the territorial " constitutions " framed ? how amended ? Is 
 there government with the consent of the governed ? 
 
 i. What territories are organized at the present time ? What differ- 
 ence is there between the government of Arizona and that of Hawaii ? 
 What territories are still " unorganized " ? How is each governed ? 
 (Revised Statutes and Statutes at Large.) 
 
 ii. Make a careful study and a comparison of the governments of 
 Porto Rico and Hawaii. What differences, if any, do you notice in the 
 executive, legislative, and judicial departments in suffrage, in represen- 
 tation in Congress, etc.? (Current History, 1900.) 
 
 iii. What was the last state admitted, and when? Were any special 
 restrictions placed upon it or upon those which came in just before it ? 
 Can these restrictions be altered by state law? 
 
The Powers of Congress 283 
 
 Commercial and Other Powers (§§ 316-325) 
 
 1. Is modern government more or less "paternal" in its treatment 
 of industry and commerce than of other subjects ? Make a list of all 
 the things done by the United States government to promote its com- 
 mercial interests. Are any of them in your opinion unwise ? 
 
 2. What constitutional rights has the United States to fix rates for 
 interstate commerce? to improve New York harbor? to build the Nica- 
 ragua Canal? to give Frenchmen lower rates on imported goods than 
 Brazilians ? 
 
 3. Are there any other powers besides those exercised by Congress 
 that could with advantage to the United States be given that body? 
 If so, what are they, and why should they be used by the central 
 government ? 
 
 i. Which of our tariffs have been most distinctively protective, and 
 in what particulars? With what nations have we commercial treaties? 
 Which ones of these permit reciprocity? 
 
 ii. How many aliens came to this country last year? Of these, how 
 many cannot be naturalized under the present laws? How many were 
 there from England ? Canada ? Germany ? Italy ? Hungary ? What 
 nations have sent the largest number of persons since 1820 ? (Pol. 
 Als.) 
 
CHAPTER XIV 
 
 THE PRESIDENT 
 General References 
 
 Hinsdale, The American Government, 248-283. 
 
 Bryce, The American Commonwealth (abd. ed.), 22-63. 
 
 Harrison, This Country of Ours, 62t-i?>o. 
 
 Burgess, Political Science and Comparative Constitutional Law, II, 
 216-263. 
 
 Wilson, Congressional Government, 242-273. 
 
 The Federalist, Nos. LXVII-LXXVII. 
 
 Meigs, Growth of the Constitution, 192-234. 
 
 Stanvvood, History of the Presidency. Candidates, issues, platforms, 
 and political conditions of each campaign. 
 
 Mason, The Veto Power. 
 
 Baldwin, Modern Political Institutions, 80-I16. Discusses the abso- 
 lutism of the presidency. 
 
 Lalor's Cyclopedia. 
 
 Head of the 
 
 executive 
 
 hierarchy. 
 
 Goodnow, 
 Com.p. 
 
 Admin. Law, 
 I, 62-70. 
 
 326. The President's Position. — The most conspicuous 
 personage connected with our system of governments is the 
 President of the United States. This is due not only to 
 the method of election, which serves to centre popular 
 interest in the presidency once in four years, but to the 
 prominence of the duties assigned our executive and the 
 centralization of executive power in his hands. He repre- 
 sents most nearly the sovereignty and dignity of the nation 
 in all international relations, in the control of military 
 matters, and in affairs of peace. He controls absolutely 
 the executive department, not so much because the Consti- 
 tution vests him with executive powers, as for the reason 
 that all executive officials are directly or indirectly ap- 
 pointed by him, can be removed at any time, and are 
 
 284 
 
The President 285 
 
 responsible to him in the performance of their duties. 
 That is, the executive department is the most completely 
 organized part of the United States government, every 
 inferior civil officer being directly subordinate to the Presi- 
 dent, in whom is centred all power. In this respect he 
 presents great contrast to the English King, whose func- 
 tions are exercised by a body no longer responsible to him, 
 and to the state governor, who has no control whatever 
 over the majority of the executive officials in his state. 
 
 327. Qualifications. — In the election at the present time, Constitu- 
 the constitutional qualifications are the same as those ex- '^^°"^! ^^^ 
 
 practical re- 
 
 isting one hundred years ago; but there are certain other quirements. 
 
 requirements that usually have to be met. The Constitu- ^^ Mei^s 
 
 tion prescribes that the President must be at least thirty- Growth of 
 
 five years of age, a native-born citizen, and a resident of ^'^^^^■^ ^09- 
 
 211, 312-314. 
 
 the United States for fourteen years. It is hardly necessary 
 to add that at the present time he must be identified with 
 one of the political parties, and run as the candidate of 
 that party. 
 
 328. Term and Compensation. — It was only after a great The third 
 deal of discussion and many chansres that the convention ^^'^"^ ^^^' 
 
 ° dition. 
 
 of 1787 finally selected four years as the term of office. 
 As nothing was said about reeligibility, it remained for ^nwHtten' 
 custom to place a fixed limit upon the term possible for c^wj-^f., 51-53. 
 any one man. It would have been easy for either Wash- McMaster, 
 ington or Jefferson to have been chosen a third time, but WV//z the 
 each preferred the seclusion of private life. Later Presi- J^ ' 
 dents did not wish to alter the rule; and since the futile 
 attempt made by Grant's adherents to nominate him a third 
 time (1880), it has been more difficult but not impossible for 
 any one to break the ''third term tradition." 
 
 There has recently been quite a little discussion about Agitation for 
 altering the term of office, going back to the six or seven ^ six-year 
 years preferred by the convention at first, and not allowing 
 the President to be reelected. The reasons for this sug- ^^^^' ^^"^ 
 gestion are found in the objections to the exciting cam- 
 paign every four years, and to the bad effect which a desire 
 
286 
 
 The American Federal State 
 
 Salary. 
 
 to remain in office has upon a President's policy during 
 the last two years of the first term. There can be no doubt 
 that these objections are well grounded. Yet there is much 
 to be said on the other side. Four years have been all too 
 long for some of the Presidents we have had. Six years 
 would mean no reeligibility, so that a satisfactory Presi- 
 dent could not be retained. Or if he might be elected 
 again, he would have a stronger hold upon the patronage, 
 which always plays a part in elections, and would pander 
 still more to popular prejudice, as reelection would be 
 more difficult if the term were six years. 
 
 The salary of the President was at first ;^25,ooo a year. 
 In 1909 it was raised to ^75,000. In addition, the execu- 
 tive mansion is placed at the disposal of the President, and 
 the government pays most of the expenses incurred in the 
 performance of diplomatic and social duties, aggregating 
 about ^200,000 a year. 
 
 Method from 
 1788 to 1804. 
 
 Johnston, in 
 Lalor, II, 
 60-69, 
 
 Hinsdale, 
 
 hh 451-460. 
 
 Harrison, 
 This Country 
 of Ours, 
 73-84- 
 
 329. First Method of Election. — As we have already seen, the 
 constitutional convention, after considering many ways of choosing the 
 President, finally decided to leave the choice with electors chosen by 
 the states in the way prescribed by each. These electors were equal in 
 number to the representatives and senators from that state, and were, 
 at the first, usually themselves elected by the state legislatures. It was 
 the intention to name the best men possible, and permit them to use 
 their own judgment in the selection of the executive, the only limita- 
 tions upon the freedom of choice aside from the qualifications named 
 above being that the candidates for President and Vice-president should 
 not both be from the same state. At the first elections the electors did 
 not vote for separate candidates for the two offices of President and 
 Vice-president, but cast two ballots (Constitution, II, § i, cl. 2) for Presi- 
 dent. The person receiving the highest number was then declared 
 President, and the second on the list was declared Vice-president. 
 Owing to the difficulty that arose from the Jefferson-Burr contest of 
 1 80 1, this method was superseded in the twelfth amendment by that 
 in use at the present. Even before that time the electors had become 
 a mere cog in the machine, registering the popular will. 
 
 The nomi- 
 nating con- 
 vention. 
 
 330. Nomination of a President. — The method of choos- 
 ing a President now in use involves the nomination, the 
 
The President 287 
 
 choosing of electors, and the meeting of the electoral col- Bryce, Amer, 
 lege. The nomination at the beerinnine was by general Common- 
 
 , , , . , ^ f . wealth (3d 
 
 consent, later through congressional caucuses, and since reg. ed.), 11, 
 1832 by national party conventions. The convention ordi- 185-202. 
 narily consists of twice as many delegates as there are 
 members of Congress, and is held in May, June, or July of 
 the presidential year. Candidates have been suggested in 
 different parts of the Union, and each has had his agents 
 busy for the purpose of securing delegates favorable to 
 himself. It may sometimes be known before the conven- 
 tion meets who will be nominated, but such cases are not 
 common. It usually requires quite a number of ballots to 
 decide what person shall be the nominee. He is soon after 
 informed of his nomination, and sends in his letter of 
 acceptance, which may amount to a second platform. 
 
 (Cf. §§ 546, 547.) 
 
 In the selection of candidates it often happens that the Conditions 
 ablest leaders of the party are set aside for a comparatively effecting 
 
 . nomination. 
 
 unknown man. This is especially apt to be the case where 
 
 several ballots have been taken without result, so choice ^Tc^- 58-63. 
 
 falls upon a "dark horse." But it is due still more to the Cf. Wilson, 
 
 lack of availability often found in a man of parts. During ^ ^V . °'" ' 
 
 his long public career he has probably made many enemies, 
 
 and excellent though his record may be, he will poll fewer 
 
 votes than a new man. He may not be from one of the 
 
 large states, or one of the close states, which the party 
 
 feels must be carried. 
 
 331. The Campaign. — The campaign begins early in the Methods 
 autumn, or it may date even from the latest convention. ^^^^■ 
 Each party seeks to perfect its organization, to collect large Bryce, Amir 
 campaign funds from prominent members, and persons J'J^J^^T^^ 
 especially benefited by the policy of the party, and to reg. ed.),ii, 
 whip into line the malcontents who may be dissatisfied with 203-212. 
 the candidate or the platform. Less attention is now paid 
 to those features which attract and excite, and the cam- 
 paigns are more likely to be "educational." Through the 
 platform and the press, party orators and writers aim to 
 
288 
 
 The AmeHcan Federal State 
 
 Objections 
 to the cam- 
 paign. 
 
 Bryce, 214, 
 215. 
 
 Organization 
 and election. 
 
 Burgess, Pol. 
 Science, II, 
 216-221. 
 
 explain the principles they indorse, and by argument and 
 illustration to convince those who come within the sphere 
 of their influence. This difference in method is accom- 
 panied by a less blind adherence to parties for their own 
 sake than was common fifty or even twenty years ago, though 
 we cannot yet boast that the educational standard of the 
 campaigns is high. 
 
 It can readily be appreciated that the business of the 
 country is greatly disturbed by this excitement and the 
 uncertainty of the policy to be pursued by the new gov- 
 ernment. The campaign really lasts for six months, and 
 during this time there is a marked business depression, as 
 no one is willing to buy or sell more than is necessary until 
 he knows what is going to be done. Another objection to 
 this quadrennial upheaval is the danger that arises from 
 disputed elections. The excitement in 1801 and 1877 was 
 so intense that nothing but the good sense of the persons 
 most interested, and the self-control of the people prevented 
 disorder. In a South American State nothing could have 
 averted a revolution. There is danger, also, that if the 
 issues are at all sectional, the people will become more 
 conscious of their antagonism to each other, and that, con- 
 sequently, sectionalism will be increased. Yet with all its 
 disadvantages there is no one thing that has brought the 
 people so close to the national government, or has made 
 them so familiar with its plans and needs, as the presiden- 
 tial campaign. With our democratic institutions it seems 
 worth all it costs. 
 
 332. The Electoral College. — The vote is polled the 
 Tuesday after the first Monday of November in leap years 
 and 1900. Two things should be noticed: first, the can- 
 didates for President and Vice-president are not the ones 
 voted for, though their names may appear upon the ballot; 
 but in place of them are the party electors, equal in number 
 to the representatives and senators in that state. If the 
 vote of the state is close, it may be found that some of the 
 electors of one party have been chosen while the rest are 
 
The President 289 
 
 from another party. Second, the suffrage depends upon 
 state law, with certain limitations (United States Constitu- 
 tion, Amendments XIV, XV). For this reason we find 
 women voting in Wyoming, while in Louisiana many of 
 the adult males are shut out by the alternative educational 
 or property qualification. 
 
 As soon as it is known how the vote of the state stands, Selection of 
 there is no longer any doubt about who will be next Presi- President. 
 dent. To be sure, the obligation on the part of an elector Burgess, II, 
 to vote for his candidate is a purely moral one, but is not ^^^"^^S- 
 likely ever to be broken. The actual election of the Presi- 
 dent occurs on the second Monday of January, when the 
 electors meet at their state capitals and cast their ballots. 
 These are forwarded by mail and by messenger to the presi- 
 dent of the Senate, who opens and counts them in the 
 presence of both houses of Congress on the second 
 Wednesday of February. 
 
 333. Counting the Electoral Votes. _ a good deal of difficulty The electoral 
 
 has been caused by contests over what electors should be recognized count bill, 
 in case of dispute. The election of 1876 is the one whose result turned Burgess II 
 upon the decision of this question. Two lists of electors were sent in 224-238. 
 from Louisiana and other states. In the House the Democrats had 
 a majority, and in the Senate the Republicans, so that no settlement 
 could be made by regular vote. It was finally decided to have a com- 
 mission of fifteen members, five from each house and five from the 
 Supreme Court, who should have power to count the votes. This 
 was done, and a decision rendered two days before the date set for 
 inauguration. In 1887 Congress passed the Electoral Count Bill, ac- 
 cording to which all future difficulties are to be solved. The states 
 have full charge of elections, and decide what electors have been 
 chosen. If only one set of electors is returned by a state, they are 
 accepted without question. If there are two sets, but one has been 
 declared legal by a court, or one has the state executive signature 
 while the other has not, that one shall be received. 
 
 The method of choosing the electors is now uniform throughout the Historical 
 country, but has varied greatly in times past. At first the system of "methods of 
 election by legislature was quite common, and was in use in South , ^ 
 
 Carolina until i860. Rhode Island was the first state to regularly 
 adopt the election by general ticket in 1800. The district system 
 
290 
 
 The American Federal State 
 
 Proposed 
 
 election by 
 popular vote. 
 
 Carlisle, J. 
 G. Forum, 
 XXIV 
 (1898), 651- 
 659. 
 
 The Vice- 
 president. 
 
 Burgess, Pol. 
 
 Science, 
 
 238-240. 
 
 Johnston, in 
 Lalor, III, 
 134. 135. 
 
 The Cabinet. 
 
 was extensively used from 1792 to 1832, but since that date Michigan 
 has been the only state that has tried it. (For details the student is 
 referred to Hinsdale's American Government, p. 259.) 
 
 334. Other Plans of choosing the President. — During the 
 last few years there has been a strong movement to change 
 the Constitution so as to have the President chosen by 
 popular vote of the whole country. This would do away 
 with the possibility of electing as President the candidate 
 who polled fewer votes than his opponent. It would make 
 it unnecessary to select men just because they could carry 
 close states, it would reduce the chances of electing a can- 
 didate by bribery in a close state, and it would seem to be 
 more in accordance with present-day methods. On the 
 other hand, it would require a constitutional amendment 
 which would be difficult to get. Uniform suffrage laws 
 would be a practical necessity ; and, in view of the close- 
 ness of the popular vote in recent elections, election by 
 fraud would be even more dangerous than under the present 
 system. It is possible that some plan of minority repre- 
 sentation may be devised that will permit us to choose our 
 electors as at present, and yet gain all of the advantages of 
 election by popular vote. 
 
 335. Presidential Succession. — In case of death or resig- 
 nation of the President he is succeeded by the Vice-presi- 
 dent. This official must have the same qualifications, and 
 is chosen in the same way as the President. It has been 
 the custom to give the second place on the ticket to a sec- 
 ond-rate man, who will be likely to bring the party votes 
 at the November election. The danger of selecting a fac- 
 tional leader not in harmony with the party is clearly shown 
 in the administrations of Tyler and Johnson. 
 
 If both the President and Vice-president should die, the 
 succession lies with the members of the Cabinet, beginning 
 with the Secretaries of State, Treasury, and War, and con- 
 tinuing in the order in which Jthe portfolios were created. 
 Before 1886, by the law of succession (which may be altered 
 by Congress at any time), the presiding officer of the Sen- 
 
The President 291 
 
 ate, and then of the House, was to become President in 
 case of vacancy. This was open to two serious objections. 
 These officials might belong to a party different from that 
 of the President, and by the death of President and Vice- 
 president, when there was no president pro tempore of the 
 Senate or speaker of the House, the presidency might lapse 
 altogether. 
 
 336. The Inauguration. —The inauguration of a Presi- The cere- 
 dent occurs on the 4th of March following his election. "^°"yand 
 It is one of the most prominent social events connected ^^^ ^'^'^'^''* 
 with the life of the nation. The ceremony is quite im- ?l^"c°Lr 
 pressive, and always draws large numbers of strangers to 0/0^^^"^^ 
 Washington. After taking the oath of office, which is ^^^^• 
 administered by the chief justice, the President delivers 
 his inaugural address. This may outline his general policy 
 and be a document of considerable weight, as in 1800 and 
 in i860, but it ordinarily has little influence on the course 
 of events. 
 
 Immediately after the inauguration the President calls First months 
 the Senate together, unless it is his second term. To it ^^ °^*^^- 
 he sends his nominations for cabinet and other prominent 
 officers, who have, in all probability, been selected several 
 weeks before. He is apt to devote most of his time 
 during the first summer to the selection of the persons 
 whom he shall appoint to various offices under the gov- 
 ernment. 
 
 337. Powers : Historical. — When the Convention met in Executive 
 
 1787 the feeling of distrust of "one-man power " was quite P°^'^^ ^^ *^^ 
 
 prevalent. The abuses by colonial governors had been so ceSuTy?'^ 
 
 numerous, and the actions of George III so objectionable, ^ ^ 
 
 ,1 , , , r: ^ ^ ^ . . Goodnow, 
 
 that the hrst state constitutions either did not recognize an Comp. Ad- 
 executive at all, or placed the executive powers in the ^^'^^^'^'^^^'^^ 
 
 1 /■ . . Law, I, iC'5— 
 
 Charge of a committee; or if the executive was single, 61. 
 reduced his powers to a minimum. A slight reaction 
 against this extreme position occurred during the next ten 
 years, and was undoubtedly strengthened by the executive 
 inefficiency of the committees of Congress, In all proba- 
 
292 
 
 The Amencan Federal State 
 
 Execution by 
 peaceful 
 means and 
 through the 
 army. 
 
 Harrison, 
 113-118. 
 
 Ordinance- 
 making 
 power. 
 
 Extent of 
 the power. 
 
 Schouler, J. 
 B., in Forum, 
 XXIII 
 
 (1897), 
 70-74. 
 
 bility, however, the extensive powers given the national 
 executive by the Constitution was due to the expectation 
 that Washington would be the first President, and popular 
 confidence in him made the national and state conventions 
 less unwilling to grant these powers. Yet it must be 
 admitted that our early executives exercised control less 
 through their constitutional powers than through their 
 personal influence. 
 
 338. The Execution of Law. — The oath which the Presi- 
 dent takes upon entering office lays upon him the duty of 
 seeing that the laws are faithfully executed. This may be 
 done in one of two ways : by the regular machinery of the 
 executive department, or by the use of arms, i.e. coercion. 
 As the laws generally operate upon individuals, it is seldom 
 necessary to call upon the military forces unless the oppo- 
 sition to the law is widespread and takes the form of dis- 
 order and insurrection. At such times the execution of 
 the law has never been long delayed, except in the case of 
 the seceded states. 
 
 Frequently the laws passed by Congress are general in 
 their character, and in administering them it is necessary 
 for the President or his assistants to arrange the details. 
 They are thus permitted to use their discretion in the 
 methods chosen and the officials through whom the law is 
 administered. These details are regulated by ordinances 
 which give the executive much greater power than he would 
 otherwise have, though they are much less common in this 
 country than in England and France. 
 
 339. Military Powers. — By the Constitution the Presi- 
 dent is made commander-in-chief of the army and the 
 navy, and of the militia when in active service of the 
 United States. In ordinary times these powers are of com- 
 parative insignificance; but in great crises their use makes 
 the President a dictator. This was plainly the case with 
 Lincoln during the War of Secession. According to Bryce, 
 "Abraham Lincoln wielded more authority than any single 
 Englishman has done since Oliver Cromwell." It was by 
 
The President 
 
 293 
 
 virtue of his position as military commander that he sus- 
 pended the privilege of the writ of habeas corpus^ and that 
 he issued the Emancipation Proclamation. 
 
 As a President may enforce his proclamations by mili- 
 tary power, they rather than the statutes become the law 
 de facto. The extent to which this power might be abused 
 by a strong-headed yet incompetent President can readily 
 be seen; but in our country such an abuse is likely to be 
 checked, without great difficulty, through public sentiment 
 and action by Congress. 
 
 340. Use of the Army in Internal Affairs. — The Presi- 
 dent is also authorized to keep the peace of the United 
 States and use the army when called upon by the state 
 legislatures, or the governor when the legislature is not in 
 session. This power has been used most frequently in 
 connection with strikes covering a considerable area. 
 When such a strike leads to rioting, which in turn inter- 
 feres with interstate commerce or the United States mails, 
 there can be no question that the President may use the 
 army with or without the application of the state executive. 
 This was done in 1894, in spite of the protest of the 
 governor most concerned. 
 
 341. The Power of Appointment in History. — The proper 
 
 control of this power is a subject to which great consideration has 
 been given in Anglo-Saxon countries for the last two centuries. The 
 extent to which patronage and bribery were used by Walpole, and 
 afterward by George III, in order to maintain a majority in Parlia- 
 ment, is well known. During the Revolutionary War and the years 
 immediately following, both England and America sought a solution 
 of the problem : the one by giving the legislature more power over 
 the executive; the other by placing the power of appointment in the 
 hands of the legislature. In the Convention of 17S7 it was at first 
 proposed to leave all appointments to the Senate. Later, the Presi- 
 dent was given the right to choose persons for all important places 
 with ratification by the Senate, and the others could be vested by 
 Congress in whomever it pleased. But no member of Congress was to 
 hold any civil office under the United States or to be appointed to one 
 which had been created or of which the salary had been increased 
 during the term. 
 
 Instances of 
 
 its use. 
 
 Harrison, 
 118-125. 
 
 Cf. Story, 
 Commenta- 
 ries, \\ 1209- 
 1215. 
 
 Patronage in 
 the eigh- 
 teenth cen- 
 tury. 
 
 Eaton, D. B., 
 in Lalor, III, 
 139-145- 
 
294 
 
 The American Federal State 
 
 Number and 
 importance 
 of appointive 
 positions. 
 
 Hinsdale, 
 kh 491-496. 
 
 Bryce, 44-48. 
 
 Harrison, 
 ibid., 100- 
 104, 107-112. 
 
 Defects of 
 the present 
 methods. 
 
 Eaton, in 
 Lalor, I, 
 580-582. 
 
 342. Appointment at Present. — As there are nearly four 
 hundred thousand positions besides those of the army and 
 navy to which persons must be appointed, the vastness of 
 this power is evident, especially as it is the custom for a 
 new President to replace incumbents with his own friends 
 or politicians to whom he or the party leaders are indebted, 
 even when his predecessor was of the same political faith. 
 It would of course be absurd for the President to try to fill 
 all of those personally, and most of the minor appointm.ents 
 have been left with officials belonging to different depart- 
 ments. Nevertheless, the President possesses the great 
 nominal power of appointing to all important places, num- 
 bering eight thousand. These include the members of the 
 Cabinet and their immediate subordinates, the federal 
 judges, ambassadors, ministers and consuls and the highest 
 classes of postmasters. All of these appointments must be 
 confirmed by the Senate, and this makes a great deal of 
 difference with the practical working of the system. The 
 Senate now seldom refuses to confirm those whose duties 
 bring them into close relations with the President, e.g. 
 heads of departments; but in the appointment to positions 
 throughout the country, the President seldom refuses to 
 appoint those favored by the senator from that state. This 
 system of "senatorial courtesy" has been in use more or 
 less since the government was first organized, but has been 
 developed because rotation in office became the rule when 
 the presidency became democratic, and because of the 
 executive subordination to Congress which grew out of 
 reconstruction disputes. 
 
 343. Observations on the Power of Appointment. — This 
 duty of appointment is one of the greatest burdens of the 
 presidency, even if one of the greatest sources of influence. 
 To be sure, it enables the incumbent to pay political debts, 
 and secure aid during elections, which could not be obtained 
 without the promise of a reward. But most of the offices 
 must be given to the friends or assistants of others, espe- 
 cially the senators. For this reason few of the appointees 
 
The President 
 
 295 
 
 represent his own personal preference; the great majority 
 are* selected for him, or are picked from candidates named 
 by political leaders, to whom he is practically restricted. 
 With responsibility so scattered, there is no one who can 
 be blamed or praised as the case demands. The President 
 is bound hand and foot nine times out of ten, and the only 
 wonder is that the vicious system has done so little damage 
 as it has. 
 
 344. Removals. — It is now admitted in law and in prac- 
 tice that the President has the right to remove any official 
 he may appoint. But interesting conflicts have occurred 
 over this very power. The Constitution neglects to state in 
 whom the right of removal is vested, and during the first 
 year of Washington's administration there were various 
 opinions regarding it. In 1789 a resolution was passed by 
 Congress which declared that it belonged to the President 
 alone. This practice was changed by the famous Tenure 
 of Ofifice Act that was passed by the reconstruction Con- 
 gress (1867), and for twenty years removals required the 
 indorsement of the Senate. In time this became so objec- 
 tionable that the law of 1867 was repealed in 1886, so that 
 since that time the President's power of removal has been 
 plenary. The successor is at once appointed, and may 
 hold office without confirmation till the close of the next 
 meeting of Congress. 
 
 345. The Civil Service. — As almost all of the persons 
 connected with the United States government belong to 
 the administrative service, it is absolutely necessary, if 
 good results are to be obtained, that the ones appointed 
 should be competent, and that their tenure should be 
 secure. Our custom, most of the time under the Consti- 
 ^f^Sn^has been in violation of these unquestioned princi- 
 ples. The beginnings of the spoils system are usually 
 traced to the Crawford Act of 1820, which made the tenure 
 in the treasury department four years. With the develop- 
 ment of ultra-democratic ideas later, every branch was 
 invaded, and not even a four-year term guaranteed. An 
 
 Practice 
 since 1789. 
 
 Cf. Federal- 
 ist, No. 'j'j. 
 
 Hinsdale, 
 
 kh 497-502. 
 
 Eaton, in 
 Lalor, III, 
 565-569. 
 
 Cleveland, 
 in At. Mo., 
 LXXXV 
 (1900), 726- 
 732. 
 
 The spoils 
 system and 
 competitive 
 examina- 
 tions. 
 
 Eaton, in 
 Lalor, I, 
 478-485. 
 
 Lodge, Hist 
 and Pol. 
 Essays, 114- 
 
 137. 
 
296 
 
 The American Federal State 
 
 Larned (ed.), 
 Hist, for 
 Ready Ref., 
 
 VI, 145-148, 
 
 VII, 104-108. 
 
 Reinsch (ed.), 
 Readings on 
 Am. Federal 
 Gov't, 683- 
 702. 
 
 Executive 
 and legisla- 
 ture never 
 entirely 
 separate. 
 
 Johnston, in 
 Lalor, III, 
 1064-1067. 
 
 Character of 
 the annual 
 message. 
 
 attempt at reform was made in the early seventies under 
 Grant, but failed. In 1883 the Pendleton bill was pass'ed, 
 a civil service commission was created, and competitive 
 examinations were required for certain positions, whose 
 number may be increased or diminished by executive 
 order. Since that time progress has been steady, till, in 
 1909, about sixty per cent of three hundred fifty thousand 
 administrative positions connected with the national govern- 
 ment were filled by the civil service commission, the great- 
 est number of changes having been made by Presidents 
 Cleveland and Roosevelt. While the civil service laws 
 may have been far from perfect, and the system is as yet 
 crude, it marks a vast advance over that in use before; and 
 it will in time be improved, as needs make themselves 
 felt. If certain other positions, especially those con- 
 nected with the diplomatic and consular service, could 
 be added, the gain would be much greater. The friends 
 of reform, however, feel grateful that every attempt of 
 Congress to return to the old system has been baffled by 
 public opinion. 
 
 346. Legislative Powers ; Historical. — That the complete 
 separation of the three great departments is theoretical 
 rather than practical, is shown by the fact that even in 
 1787 no attempt was made to leave the executive without 
 legislative duties. We have already seen the great part 
 played by the King in the business of legislation, and we 
 find a survival of these legislative powers in those assigned 
 the President. The Crown's initiative in legislation appears 
 in the President's message, while the Crown as a third 
 house has been changed into a modified veto upon all 
 legislation. A century's development has shown the wis- 
 dom of these constitutional provisions, and has led to other 
 relations between the two departments not contemplated by 
 the constitutional Convention. This important subject will 
 be considered in another chapter (XVII). 
 
 347. The Message. — The President's annual message ia 
 always sent to Congress the first week of each session. It 
 
The President 297 
 
 is usually little more than a summary of the work of each 
 of the executive departments, with some suggestions on 
 that work. Occasionally a large part of the message is 
 taken up with the formation and statement of some policy; 
 but this is not common, as the message nowadays exerts 
 but little influence on the course of legislation. A notable 
 exception was the tariff message of Cleveland, in 1887. 
 When the Presidents were in closer touch with Congress, 
 the message had an importance that it now lacks, and the 
 houses often spent considerable time in "Committee of 
 the Whole on the State of the Union " considering the 
 policy of the President. 
 
 Special messages are often sent. If these relate to some Special mes. 
 subject of great popular interest, their influence upon leg- ^^^^• 
 islation is marked and immediate, e.g. when McKinley 
 asked for money to render the army and the navy more 
 efficient, in the spring of 1898, before war had been de- 
 clared, both houses passed the bill by almost unanimous 
 votes, and the House within a space of two hours. But 
 even with special messages, it is the pressure of public 
 opinion, rather than the power of the President, that leads 
 to favorable action. 
 
 348. The Veto. — During the early part of the century importance 
 the veto was seldom used, and when employed was effec- ° * ^ ^^^°' 
 tive, as but one bill was passed over it before the adminis- Bryce, 41-44, 
 tration of Johnson. Since then it has been employed more 
 often, but usually upon bills of minor importance. That ^^^^' 
 it gives the President a real power must be evident if we 134.' 
 consider that legislative bodies seldom possess a two-thirds Q^^i^y 
 majority in favor of any measure likely to be disapproved Cmst'i Law, 
 by the executive, and that this disapproval will probably ^ ^^* 
 influence the action of some of the members. The " pocket 
 veto " really gives the President undue power, owing to the 
 unfortunate custom of passing many bills during the last 
 three or four days of each session; but as most of these are 
 ill-considered, their failure is less of an injury to the 
 country than their success would have been. 
 
298 
 
 The American Federal State 
 
 Veto and 
 appropria- 
 tion bills. 
 
 Johnston, in 
 Lalor, III, 
 642-645. 
 
 Treaties and 
 statutes. 
 
 The making 
 of treaties. 
 
 Hinsdale, 
 \\ 485-490- 
 
 Story, Com- 
 mentaries, 
 \k 1504-1523. 
 
 Harrison, 
 134-141. 
 
 Cooley, 
 Const' I Law, 
 30, 106. 
 
 Boutwell, 
 Const, at End 
 of Century, 
 293-296. 
 
 Changes that 
 may be nec- 
 essary. 
 
 The President does not possess the right conferred upon 
 some state governors of selecting particular provisions of 
 appropriation bills which he may disapprove and, there- 
 fore, wish to veto. As the appropriation is absolutely 
 necessary. Congress has often found occasion to attach 
 other bills, called "riders," to the appropriation bills in 
 order to keep one house or the President from preventing 
 their passage. 
 
 349. Treaties. — While the making of treaties is diplo- 
 matic, and not legislative, it ranks as but little less impor- 
 tant than the power to make laws. With the Constitution 
 and the United States statutes, the treaties constitute a part 
 of the supreme law of the land; a treaty legally supersed- 
 ing a previously existing statute with which it is in conflict, 
 although it in turn may be abrogated by a later law and 
 may, in fact, be practically nullified by the failure of Con- 
 gress to make appropriations or pass laws necessary to carry 
 it out. The part played by Congress in the making of 
 treaties is undoubtedly responsible for this somewhat 
 anomalous condition. While the treaty must be ratified 
 by two-thirds of the Senate, the character of the work of 
 negotiation requires that it shall be done as secretly as 
 possible, and through the proper executive department. 
 But as a good treaty that will be rejected is less valuable 
 than one with more imperfections, but acceptable to the 
 Senate, the members of the Committee of Foreign Affairs 
 are usually consulted before the negotiations are closed. 
 Even then it may be impossible to obtain the consent of 
 the necessary two-thirds. 
 
 Were we surrounded by powerful neighbors, our foreign 
 relations would be vastly more complicated than they are, 
 and our present methods would present grave dangers in 
 two ways. First, we should find that our cumbersome 
 method of making a treaty would have to be replaced by 
 one simpler, but more effective, withal less democratic. 
 Second, we could hardly avoid international complications 
 due to the fact that the administration of many matters 
 
The President 299 
 
 with which our treaties deal has been left to the state 
 
 governments. 
 
 350. Other Foreign Affairs. — Closely connected with the Acquisition 
 
 treaty-making power are two others of great practical of territory. 
 
 importance. One of these grows directly out of the power Johnston, in 
 
 to make treaties — it is the one that deals with the acqui- ^^^°^' ^' 
 
 93-99. 
 
 sition of territory. As we have seen (§§ 156, 157), the 
 Louisiana difficulty was solved in that way, and since that 
 time there has been little or no question that the President 
 possesses the initiative in extending our limits. When we 
 consider how our history might have been different with 
 the Mississippi as our western boundary, and how it is 
 likely to be changed through the control of our new colo- 
 nies, we certainly cannot doubt that the executive possesses 
 a very great power. 
 
 The second of these powers comes from the President's Recognition 
 right to receive and dismiss the representatives of other of foreign 
 
 , . governments. 
 
 nations, and deals with the recognition of a foreign govern- 
 ment when two parties each claim to possess control of it, 
 or when the independence of some colony that has thrown 
 off the provincial yoke is involved. Notwithstanding the 
 claim that Congress could settle all such questions by its 
 independent action, an unbroken line of precedents leaves 
 the decision entirely with the President. 
 
 351. Judicial Power. — The King's position as the foun- Reprieves 
 tain of justice survives in the power of pardoning and ^'^^ pardons, 
 reprieving. This extends to all offences except that of Harrison, 
 impeachment. An effort was made immediately after the ^^^t"' ^'^^~ 
 War of Secession to make an exception of treason as well, 
 but it was unsuccessful. In time of peace this power does 
 not possess the significance that attaches to the pardon of 
 the state governors, because of the difference in conditions. 
 The number of offences against national law are compara- 
 tively few, and the chance that the President will seek to 
 make political capital by a free exercise of the right to 
 pardon is much less to be feared. 
 
300 The American Federal State 
 
 QUESTIONS AND REFERENCES 
 Election (§§ 326-336) 
 
 a. Tables showing votes in presidential elections are given in John- 
 ston, American Politics, Appendix; in some Political Almanacs; in 
 Stan wood's History of the Presidency, under each campaign; and by 
 Johnston, in Lalor, II, 53-60 (to 1880). 
 
 b. On the election of 1876, consult Johnston, in Lalor, II, 50-53; 
 Stanwood, History of the Presidency, 356-393; Cox, Three Decades 
 of Federal Legislation, 651-668. 
 
 1. What advantage would be derived from making the heads of the 
 departments more independent of the President ? what disadvantage 
 would there be ? 
 
 2. Summarize the benefits of a four-year term; one of six years. 
 If we had civil service reform for almost all of the positions in the 
 executive department, would reelection be less objectionable ? 
 
 3. Was the first method of electing the President better in any way 
 than that now in use ? Do we need a change in the present method ? 
 How ? 
 
 4- Show whether fraud and intimidation would have more influence 
 over the result if there were election by popular vote or by states. 
 
 i. During the last presidential campaign, what candidates were 
 before the conventions ? How many ballots were cast at each ? Was 
 there any dispute over any plank of the platform ? If so, what one ? 
 What was the vote on it ? Compare the last nomination with those 
 since 1876. (Some Pol. Als. for votes on candidates.) 
 
 ii. How many members of the " electoral college " are there? How 
 many are necessary to a choice ? Study the electoral and popular 
 votes in recent elections. Have we had any minority Presidents 
 since the Civil War ? If so, when ? How many electors has your 
 state ? How have they voted in recent elections ? 
 
 iii. Who were the delegates-at-large from your state and the dele- 
 gates from your district to the last Republican and Democratic con- 
 ventions ? Who were the electors in your state ? Did the convention 
 or the college get the better and the more prominent men ? Can you 
 account for this state of things ? 
 
 iv. What Presidents have been chosen west of the Mississippi ? 
 What states have had the greatest number ? Do you notice any ten- 
 dency to select Presidents from particular sections during special 
 periods ? Can you give any reasons for this ? 
 
The President 301 
 
 Executive and Administrative Powers (§§ 337-345) 
 
 a. Compare the executive in England, France, Germany, and the 
 United States. "Wilson, The State, §§ 415-418 (Fr.), 498, 530-542 
 (Ger.); Burgess, Comparative Constitutional Law, II, 185-215 (Eng)., 
 216-263 (U. S.), 264-287 (Ger,), 288-306 (Fr.), 306-319 (comparison 
 of all). 
 
 1. Is it wise to have great civil and military power centred in a 
 single individual ? Have our war Presidents been elected on military 
 records ? Would it have been more satisfactory to have had them 
 exercise no war powers ? Have our generals made better Presidents 
 than the average non-military President ? 
 
 2. What objections may be urged against the use of the United 
 States army in internal affairs ? Are they well grounded ? 
 
 3. Can you suggest any way of securing greater responsibility for 
 the appointments under the executive department ? 
 
 4. Of what does civil service reform consist ? What are the dan- 
 gers of too permanent tenure ? Are examinations a satisfactory test 
 of fitness ? 
 
 i. Name a recent instance of the use of military force by the United 
 States in suppressing riot. What reason was there for national inter- 
 ference ? Were there any protests from any quarter ? 
 
 ii. Consider to what extent the President considered his ovm. wishes 
 in these appointments: the Secretary of War; the governor of New 
 Mexico ; the ambassador to France , the consul at Hamburg ; the 
 postmaster of your own town; the United States marshal of your dis- 
 trict; the collector of the nearest port. 
 
 iii. What persons connected with the postal service are appointed 
 under competitive examinations ? 
 
 Legislative Povorer (§§ 346-351) 
 
 1. Does the veto give the President too much power over Congress ? 
 Has it been abused ? Select instances where it has been productive 
 of good results. 
 
 2. Should the President be granted exclusive power to make 
 treaties ? What check is there upon executive action regarding the 
 acquisition of foreign territory and the recognition of foreign gov- 
 ernments ? 
 
 3. Would it be desirable to discontinue the President's message or 
 any feature of it ? Should it be obligatory upon Congress to consider, 
 under the form of a bill, suggestions of the President ? 
 
302 The American Federal State 
 
 i. What were some of the bills vetoed by Johnson ? What was the 
 character of most of those vetoed by Cleveland ? What was the occa- 
 sion of the last veto ? Its effect ? 
 
 ii. Look up the last presidential message. Is it full of " glittering 
 generalities " ? What portion of it is devoted to foreign affairs ? 
 finance ? colonies ? What policy is suggested ? (American monthly 
 R. of R. for last January, etc.) 
 
 iii. What important treaties were ratified by the last Senate? 
 Where, and by whom, were they made ? 
 
CHAPTER XV 
 
 THE EXECUTIVE DEPARTMENTS 
 General References 
 
 Willoughby, Rights and Duties of American Citizenship, 215-241. 
 Excellent. 
 
 Clark, Outlines of Civics, 61-71. Brief, but detailed. 
 
 Congressional Directory. The best summary of the work of each 
 bureau and division. 
 
 Dawes, How We are Governed. 
 
 Harrison, This Country of Ours. By far the best general description 
 and popular account. 
 
 Lamphere, The United States Government. 
 
 Elmes, Executive Departments. Quite full, but not recent. 
 
 Guggenheimer, Development of the Executive Departme^its (under the 
 Confederation) ; in Jameson, Essays in the Constitutional His- 
 tory of the United States. 
 
 Lalor's Cyclopedia, under the different departments. 
 
 352. Introduction. — While the power of our national 
 executive belongs almost exclusively to the President, the 
 administration of its business rests with the executive 
 departments. At present there are nine of these, the de- 
 partments of State, the Treasury, War, Navy, Post-office, 
 Interior, Justice, Agriculture, and of Commerce and Labor. 
 At the head of each department is a secretary, appointed 
 by the President and personally responsible to him. While 
 the heads of the departments, collectively, form the Cab- 
 inet, they influence the action of the President more as 
 the heads of departments than as members of the Cabinet. 
 The Cabinet as such has no policy of its own, and even if 
 it had one the President would be in no way bound to 
 follow it; but he is quite likely to leave the administration 
 
 303 
 
 The heads ol 
 departments 
 as a Cabinet. 
 
 Bryce, 68-70. 
 
 Harrison. 
 This Country 
 of Ours, 
 104-107. 
 
 Wilson, 
 Cong. Gov't, 
 257-266, 269. 
 
304 
 
 The American Federal State 
 
 Clerical and 
 
 diplomatic 
 
 duties. 
 
 Harrison, 
 187-193. 
 
 Schuyler, 
 Amer. Diplo- 
 macy, chap. 
 I., esp. pp. 
 6-14. 
 
 of the affairs in the departments to their respective chiefs. 
 These officials are usually aided by quite a number of assist- 
 ants and by many heads of bureaus and divisions, in whom 
 is often vested considerable power of appointment and 
 some discretion as to management. 
 
 353. Duties of the Secretary of State. — Because the 
 department of State attends to all affairs concerning our 
 relations with other countries, it is placed first in the list of 
 departments. Its principal duties are of two kinds : first, 
 those of a clerical nature, such as the enrolment of the 
 laws, the care of the archives, and the keeping of the Great 
 Seal. Second, those that deal with foreign nations. The 
 latter may be subdivided into those that are really diplo- 
 matic and those that affect the consular service. The 
 diplomatic duties are the most important as they have the 
 greatest bearing upon affairs of state. As the secretary is 
 usually a man skilled in international law, and is assisted 
 by men who are experts, the negotiation of treaties, under 
 certain limitations laid down by the President, is ordi- 
 narily left in his hands. In this foreign intercourse it 
 would be awkward for our secretary to communicate directly 
 with the foreign secretary of the nation interested, so nego- 
 tiations are conducted at the capital of one country, the 
 other being represented by its ambassador or by envoys 
 appointed for the occasion. In cases of peace treaties 
 after hostilities have ceased, some neutral capital is selected 
 and special commissioners are employed. 
 
 For a list of the bureaus and divisions into which the departments 
 are divided, and for a summary of the duties assigned to each secre- 
 tary, assistant, commissioner of bureaus or heads of divisions, the stu- 
 dent is referred to the Congressional Directory. As these books are 
 easily obtained, no details of that character need be given in this 
 chapter. 
 
 Classes of 
 diplomatic 
 representa- 
 tives. 
 
 354. The Diplomatic Service. — Our business of a diplo- 
 matic nature is intrusted to ministers and assistants at the 
 capitals of all important foreign countries. Our ministers 
 
The Executive Departments 305 
 
 to the great nations are called ambassadors, to other nations Woolsey, 
 
 ministers plenipotentiary or ministers ordinary. We may l^t^'^'national 
 
 be represented merely by a charge d^ affaires, a secretary of 
 
 a legation, or may conduct our business through the min- ^^^^^^°'^' 
 ° ' ° 194-196. 
 
 ister of some other power. These officials are party men, 
 
 whose tenure is therefore insecure. They are chosen not a^YForeign 
 
 necessarily on account of their fitness for these positions. Powers, 
 
 but for many other reasons. Neither they nor their chief ^^^^' ^' 
 
 assistants are trained for their work; but in spite of this 
 
 defect our diplomatic service compares very favorably with 
 
 that of most other countries. 
 
 355. Consuls. — The work of our consular service is Consular 
 almost purely of a business nature. The consuls are agents ^^^ti^s. 
 living in all the important cities of the globe. Their duties Wooisey, 
 are many. They attend to the business of our government ^'^ ^^' ■^°°" 
 at that place, keep us posted as to the business conducted Curtis, chap. 
 there, especially the character of its exports, and look after 
 American merchants, seamen, or tourists who may need Schuyler, 
 
 ^ •' Amer. Di- 
 
 assistance of any kind. Among certain semi-barbarous piomacy,\\. 
 peoples, cases affecting Americans are brought up for trial 
 before the consul rather than in the courts of the country. 
 It was formerly our custom to change consuls with a change 
 of administrations at Washington, although certain posts 
 where the remuneration is small were left in the hands of 
 resident merchants. This custom was most unfortunate. 
 The best of men cannot do satisfactory work for the 
 first year or two in a position where the language and the 
 conditions are entirely unknown ; and where a consulship 
 is given solely as a reward for party service, and the tenure 
 is brief, the result cannot be in doubt. 
 
 356. Reform of the System. — That our diplomatic and Changes 
 consular service has not been more of a failure has been 
 
 due undoubtedly to the great adaptability of the American Parker, G. P., 
 
 V. , , , 1 • • in ^/. Mo., 
 
 temperament. But because of that very characteristic, our lxxxv 
 
 system should have been the best in existence; and it can (1900), 669- 
 
 be made so. The prime necessity is a corp of competent ^' 
 and trained men, fully equipped for the special work 
 
3o6 
 
 The American Federal State 
 
 New con- 
 sular law 
 (1906). 
 
 Williams, 
 C. A., in 
 World 
 To-day, 
 10 (1096), 
 393-397- 
 
 Reinsch(ed.), 
 Readings on 
 Am. Fed. 
 Govt, 
 651-682. 
 
 Purpose. 
 
 History. 
 
 Harrison, 
 233-240. 
 
 Four classes 
 of post- 
 ofifices. 
 
 Fairlie, 
 National Ad- 
 ministration, 
 179-185. 
 
 assigned them and held to their best efforts by reasonable 
 permanence of tenure and promotion on merit. A great 
 advance has been made, by securing for the consular ser- 
 vice, in the law of 1906, a more scientific classification of 
 positions, and by applying to the service the principles of 
 appointment on merit and promotion from lower to higher 
 positions for proved efficiency. Recent Presidents have 
 followed to some extent the practice of promoting ministers 
 from minor positions to those of greater importance, but it 
 sometimes happens that men of the best qualifications for 
 ambassadors could not be induced to enter a service in 
 which experience is required for the best places. 
 
 357. The Post-office; History and Purpose. — The post- 
 office is the only important example of a business actually 
 conducted by the national government. The object is not 
 to make money, but to give the people the best service 
 possible at practically cost. The department has, in fact, 
 been run at a loss for many years. 
 
 The postal system was under the control of the government even in 
 colonial times, but the rates were exorbitant and methods in use were 
 very different from those of the present. Letters were often the only 
 things carried, stamps were not used, and postage was not paid in ad- 
 vance. After Sir Rowland Hill had demonstrated in England the 
 advantages of stamps and a reasonable rate, not dependent on the 
 distance, we adopted, in 1847, ^ modification of this plan. Rates have 
 been lowered as rapidly as possible and routes extended to all parts of 
 the country. Free delivery has been given to cities, to some towns, 
 and in a large number of rural districts. 
 
 538. Organization and Work of the Post-office. — Post- 
 offices are divided into four classes, according to the amount 
 of business transacted. Postmasters are appointed by the 
 President for the first three classes, but they number only 
 seventy-five hundred. About one-half of the other fifty 
 thousand are appointed nominally by the Postmaster-gen- 
 eral, really by congressmen or members of the dominant 
 party in the district in which the office is located. About 
 one-half of the fourth-class postmasters are subject to the 
 
449-464. 
 
 The Executive Departments 307 
 
 civil service rules, and all mail clerks and carriers are 
 obliged to pass examinations. 
 
 As postal savings banks have proved successful in other Postal sav- 
 countries, and as more than 98 per cent of the savings de- ^'^s^ ^^^^• 
 posits in the United States were in fourteen states, there was Meyer, 
 adopted in 1910 a postal savings bank system. The Post- G. v. L., in 
 master-general, Secretary of the Treasury, and Attorney-gen- 39 (1909), 
 eral, as trustees, may designate post-offices at which deposits 47-48. 
 shall be received in sums not less than one dollar, with a N. A. R., 
 maximum deposit of ^500 for any person. These deposits ^91(1910), 
 are to be placed in near-by accredited banks which guarantee 
 these deposits, or invested in government bonds under certain 
 conditions. The depositors receive two per cent interest. 
 
 Mail matter belongs to one of four classes. The first includes Four classes 
 letters ; the second, periodicals ; the third, books ; and the fourth, o^^inail 
 merchandise. In addition, the department issues money orders payable ^ ^^' 
 at any post-office or at certain points abroad. For the carrying of the 
 mail contracts are made by the Postmaster-general with steamship and 
 railway lines, and with individuals. 
 
 359. Defects of the Postal System. — It cannot be said Defects in 
 that our post-office is a well-conducted business. Even organization 
 
 and methods. 
 
 though there is no desire on the part of the government to 
 make profit out of the department, there does not seem 
 sufficient reason for many unfortunate customs. The se- 
 
 ^ Bhss (ed.), 
 
 lection of postmasters, without special regard to preparation jsjew Encyc. 
 
 for their duties, and the frequent changes necessary, are in of Social 
 
 themselves costly. The expenditures for the transportation 930-933'. 
 
 and delivery of second-class mail matter is several times as _ 
 
 ^ Cunniff, 
 
 much as the revenue obtained from this source, this enor- m. g., in 
 
 mous loss being justified on the grounds that periodical ad- ^'^r/d's 
 
 Wofk 
 
 vertising brings the post-office much of its business and that ^ (1903-4), 
 
 the periodicals thus carried educate the people. Another 4074-4085, 
 
 practice liable to abuse arises from the privilege given con- tes^tS? 
 gressmen and others of sending out government publications 
 
 ? r ■,, *, .jr. J, Joint Postal 
 
 tree of postal charges. Another serious defect is caused by commission, 
 the frequent payment to different organizations of sums larger P^^^- Report, 
 than those required of express companies for similar ser- ^^ * 
 
 Harrison, 
 242-250. 
 
3o8 
 
 The American Federal State 
 
 Many impor- 
 tant duties. 
 
 Harrison, 
 268-270. 
 
 Gauss, 
 Am. Gov't, 
 153-158. 
 
 Educational 
 grants and 
 homestead 
 acts. 
 
 Harrison, 
 269-279. 
 
 Willoughby, 
 
 Citizenship, 
 
 225-229. 
 
 Ashley, 
 Am. Govt, 
 revised ed., 
 k\ 275-279. 
 
 Bullock (ed.). 
 Readings in 
 Pub. Finance, 
 64-72. 
 
 vices. Large losses are entailed in the delivery of mail in 
 rural districts. Many believe that by the adoption of simple 
 economies, and the introduction of a parcels post, the post- 
 office can be placed on a paying basis, without greatly modi- 
 fying present rates. Whether a parcels post would reduce 
 the postal deficit or not, the government cannot postpone 
 much longer this much-needed reform, which is used by all 
 other postal systems, including even those of the second and 
 third class. 
 
 360. The Secretary of the Interior. — The duties of the 
 Secretary of the Interior are of the most varied character. 
 His department is broken up into bureaus that have duties in 
 no way related to each other, but of the greatest importance 
 in themselves. They deal with public lands, irrigation, pen- 
 sions, Indian affairs, patents, education, railways, and other 
 domestic affairs. As ex-President Harrison says, "The 
 Secretary must pass finally in the department upon questions 
 of patent law, pension law, land law, mining law, the con- 
 struction of Indian treaties, and many other questions call- 
 ing for legal knowledge, if the judgment of the Secretary 
 is to be of any value." He has been called upon to decide 
 questions involving millions of dollars, and to assist him in 
 this legal work has special assistant attorneys-general. 
 
 361. Our Land Policy. — The pubhc lands of the United 
 States were intended at first to be a profitable investment. 
 Extensive surveys were made, the land being laid out in 
 townships six miles square, each of which was composed of 
 thirty-six sections. Sales were made, except of the two sec- 
 tions in each township reserved for schools or other purposes. 
 During the sixties general grants of our lands for the aid of 
 state agricultural schools were made. Since 1862 agricul- 
 tural lands have been acquired by settlers under the Home- 
 stead Act (§ 637). Mineral lands are sold at low rates in 
 small lots (§ 646), and all coal lands are now graded ac- 
 cording to value (§ 654), but in the past mineral, agricultural, 
 and timber lands have been offered at ridiculously low rates, 
 and some were acquired fraudulently in addition. Reclaimed 
 
The ±Lxecutive Departments 
 
 309 
 
 lands, now watered from great government irrigating dams, 
 are sold in small blocks to actual settlers (§ d^^). The 
 best timber lands are now in government reserves (§ 640). 
 Lands controlling water power sites are no longer offered 
 for sale at low rates, as was formerly the case (§ 642). 
 
 362. Pensions. — While this Pension Bureau does noth- 
 ing more than apply the laws of Congress, the subject itself 
 deserves notice. It is only during recent years that our pen- 
 sion list has grown very large. The policy for twenty-five 
 years after the War for the Union was to grant pensions to 
 those alone who were injured in actual service. The law of 
 1890 makes it practically possible for any one who was in 
 the Union army, for even a brief period during the war, to 
 secure a pension, provided he is now disabled, while the law 
 of 1907 added to the pension list all soldiers or sailors over 
 sixty-two years of age. There can be no doubt of the duty 
 which our government owes to those whose sacrifices brought 
 great suffering upon themselves or their relatives ; but the 
 wisdom of our present liberal legislation has been seriously 
 questioned by some men whose patriotism is above reproach. 
 
 363. Indian Affairs. — The care and development of the 
 Indian is one of the duties we owe civilization. Our own 
 growth demanded that we should occupy the lands that were 
 his, but the act of dispossession laid upon us a duty to pro- 
 tect and educate him. At first it was our custom to make 
 with the tribes treaties that were systematically broken. 
 Since 18 71 the treaty system has been abandoned, the In- 
 dians have been treated as wards of the nation, more careful 
 attention being given to Indian affairs. The problems of 
 education and civilization have been dealt with in an honest 
 spirit, and an attempt is being made to solve them by 
 breaking up the reservations, making the Indian a citizen, 
 giving him land of his own, and training him to some suitable 
 line of work.^ 
 
 Nelson, K., 
 in A. A. A., 
 
 33 (1909). 
 611-619. 
 
 Liberal pen- 
 sion policy. 
 Harrison, 
 285-286. 
 Casselman, 
 A. B., in 
 Century, 
 XXIV 
 fi893), 
 135-140. 
 Glasson, 
 W. D., in 
 A. A. A., 
 
 19 (1902), 
 2.04-226. 
 
 Hale, W. B., 
 in World's 
 Work, Vols. 
 
 20 and 21 
 (1910-1911). 
 
 Policy before 
 and since 
 1871, 
 
 Harrison, 
 280-284. 
 
 Fairlie, 
 National Ad- 
 ministration, 
 197-204. 
 
 Leupp, 
 Indian and 
 his Problem^ 
 33-114- 
 
 1 On the Dawes Act, in force from 1887 to 1906, and the Burke Act, the 
 1906 amended Indian law, consult Leupp, The Indian and his Problem, 
 34-41, 61-78. 
 
310 
 
 The American Federal State 
 
 Patents. 
 
 Gauss, 
 Am. Gov't, 
 718-725. 
 
 Copyrights. 
 
 Gauss, 
 122-127. 
 
 Reclamation 
 service and 
 others. 
 
 Gauss, 
 Am. Gov't, 
 
 713-733- 
 
 Davis, A. P., 
 in A. A. A., 
 31 (1908), 
 203-218. 
 
 Bureaus of 
 the Treasury 
 Department. 
 
 Harrison, 
 202-220. 
 
 Adams, 
 Science of 
 Finance, 
 194-201. 
 
 Congres- 
 sional Direc- 
 tory, under 
 Treasury 
 Department. 
 
 364. Patents and Copyrights. — The great material prog- 
 ress we have made during this century is no doubt partially 
 due to the patent rights given by the government. Any per- 
 son may obtain for the period of seventeen years the exclusive 
 right to make articles similar to his invention, provided the 
 device is not already protected by patent. 
 
 Copyrights were formerly issued by the department of 
 the interior, but are now given by the librarian of Congress. 
 Sole right to publication is given for twenty- eight years, with 
 liberty of extension for twenty- eight years longer. 
 
 365. Other Bureaus of the Interior Department. — As all 
 matters pertaining to education are left with the states, the 
 Commissioner of Education confines his labors to the gath- 
 ering of statistical information, the making of reports and 
 suggestions. The Geological Survey investigates and reports 
 upon our natural resources, especially the valuable coal de- 
 posits on public lands. A Bureau of Mines has supervision 
 of all matters relative to mining that come under the national 
 government, giving especial attention to the study of means 
 for securing greater safety in mines. The Reclamation Ser- 
 vice has charge of the construction of immense reservoirs 
 which are used in irrigating great valleys of the West. The 
 Commissioner of Railroads looks after all the interests of 
 the government connected with railways, especially those 
 of the Pacific railways. 
 
 366. The Treasury Department. — No one of the depart- 
 ments has exerted a more potent influence upon our history 
 than the Treasury. The means by which it affects the polit- 
 ical and business world are indicated in the chapter on 
 Money, so that an outline will suffice here. The Secretary 
 of the Treasury is instructed to make plans for the manage- 
 ment of the revenue, to look after its collection, and super- 
 vise all fiscal operations of the government. He is assisted 
 by three Assistant Secretaries, several Auditors for the dif- 
 ferent executive departments, the Treasurer, who has charge 
 of .the receipt and disbursement of money, a Controller of 
 the Treasury, who supervises all accounts that are in dispute, 
 
The Executive Departments 311 
 
 a Controller of the Currency, who oversees all national banks (For influ- 
 (§ 602), the Director of the Mint, who has charge of all p^rtmtm.^see 
 coinage (§ 604), the Superintendent of the Bureau of En- ^§ 146-149, 
 graving and Printing, the Commissioner of Internal Revenue, l^^' )^^^" 
 who oversees the collection of revenue from that source 
 (§§ 581-585)5 besides several others, some of whom have 
 little to do with jfinance. 
 
 367. The War Department. — Although not often an army The Secre- 
 officer, the Secretary of War is the real commander of the ^l^islt^]'^ 
 army, supervising its organization, equipment, and move- 
 ments. His action is, of course, subject to the approval ot 221-230. 
 the President as commander-in-chief. He is assisted by the ^^^^^ 
 General Staff, which oversees the administration of military w. H.' in 
 affairs, and seeks to obtain cooperation between the army Scribner\ 
 and different bureaus of the department. There is a Quar- 661-673. 
 termaster- general, who buys most of the army supplies, 
 except the food, which is under the charge of the Commis- 
 sary-general, and the ordnance, which is left to the Chief of 
 Ordnance. The two principal cares of the department are 
 the army and the coast defence, for both of which appro- 
 priations have been largely increased since the war with 
 Spain. Among recent achievements of the department have 
 been the sanitary work accompHshed in Havana and in the 
 Canal Zone, and, most important of all, the greatest engineer- 
 ing feat of modern times, the construction of the Panama 
 canal. The training of officers for the army is conducted 
 at West Point Military Academy, the appointment of cadets 
 being, in practice, made by the different senators and repre- 
 sentatives, and by the President. 
 
 q68. The Navy Department. — During the last twenty Present 
 
 . 1 . 1 rr • T-u 1 importance 
 
 years interest has greatly revived m naval atlairs. i ne les- ^^ ^^^ 
 
 sons of the war with Spain show to all thoughtful persons the Department. 
 
 supreme necessity for a country situated as ours is of a large ^^""J^J"' 
 
 and well-managed navy. The Secretary has several aides Mahan, 
 
 who seek to secure, for the Navy Department, the efficient ^^^-^^^,^ 
 
 cooperation of the different bureaus which the General Staff ^^ (1903),' 
 
 has secured for the War Department, leaving more power, 567-577- 
 
312 
 
 The American Federal State 
 
 The Attor- 
 ney-general 
 and his 
 assistants. 
 
 Harrison. 
 230-232. 
 
 Fairlie, 
 National Ad- 
 ministration, 
 165-175. 
 
 General. 
 
 Ashley, 
 A7n. Gov't 
 (revised), 
 §§ 284-289. 
 
 Forest ser- 
 vice and the 
 weather 
 bureau. 
 
 Gauss, Am, 
 Govt, 751, 
 757-764. 
 
 however, in the hands of the Secretary. The Secretary of 
 the Navy bears practically the same relation to the President 
 and to his subordinates as does the Secretary of War. 
 
 369. The Department of Justice. — The United States 
 has always had an Attorney-general to advise the President 
 and members of the Cabinet, and to conduct suits in the 
 higher courts ; but it was not till 1871 that the Department 
 of Justice was organized. It consists of a Solicitor-general, 
 four Assistant Attorney-generals, and several Attorneys, who 
 reHeve the Secretary of the great bulk of legal investigation 
 and pleading. Had the Supreme Court been willing to 
 advise Washington, when he asked their opinion on several 
 questions of foreign and domestic policy (1793), the Attor- 
 ney-general's duties would undoubtedly have been less 
 important. As prosecuting officers the assistants of the 
 Secretary and District Attorneys assigned to the District 
 Courts have an important work in bringing offenders to 
 justice. 
 
 370. The Department of Agriculture. — The Secretary of 
 Agriculture did not become a member of the Cabinet until 
 1889, and the marvellous development of the work in this 
 department has taken place since the close of the nineteenth 
 century. The Department maintains different bureaus to 
 study the farmer's needs and aid him in his work. It 
 cooperates with state universities, to each of which the 
 national government grants ^50,000 per year, in addition 
 to ^30,000 for each experiment station operated by a 
 university. 
 
 Not only are our forests being preserved by the reserva- 
 tion of nearly 200,000,000 acres of forest lands (§ 643), but 
 the Forest Service has interested people in the protection, 
 growth, and value of forests, not only for the sake of the 
 trees, but for their inestimable value on watersheds in pre- 
 venting alternating floods and droughts (§ 645). The Weather 
 Bureau^ by sending out reports from its two hundred sta- 
 tions, warns of frosts or storms, thereby saving large sums to 
 growers or shippers. 
 
The Executive Departments 313 
 
 371. Other Bureaus in the Department of Agriculture. — Different 
 The Bureau of Soils investigates the character, value, and ^^^^^ ^^^ 
 
 ° ' animal 
 
 usabiUty of different soils in the United States, suggesting bureaus, 
 
 the best methods of securing good results and the most q^uss 
 
 profitable crops (§ 651). That of Plant Industry experi- Am. Gov't, 
 
 ments with seeds and varieties of plants, sending seeds and 745-757- 
 
 information to the farmers. The breeding or importation Po^- C. H., 
 
 , . . . . r 1 ii^ World's 
 
 by government experts of better varieties of corn, wheat, \york, 
 
 and other staple cereals will mean a gain of several billion 9 (1905) 
 
 dollars a year, without additional cost of cultivation, as the ^955-59 4- 
 government helps the farmers to select the types that are 
 best suited to their needs. Immense sums have been saved 
 by officials of the bureaus of Entomology and Animal Indus- 
 try in preventing the importation or spread of virulent dis- 
 eases of plants or animals. American markets are extended 
 by the careful examination of all meat products intended for 
 export. American consumers are protected by the super- 
 vision of the National Pure Food Law of 1906. 
 
 372. The Department of Commerce is composed of a large Bureaus of 
 number of bureaus formerly connected with other depart- Labor, Cor- 
 
 , porations, 
 
 ments, especially the Treasury.^ The Bureau of Z^^^r gathers ^^^ Manu- 
 
 information from all parts of the country on the hours of factures. 
 
 labor, the wages paid in different lines of employment, and Fairlie, 
 
 the general labor conditions in various sections. Corpora- National Ad- 
 
 " ••JIT. ministratton, 
 
 tions which do interstate business are investigated by the 230-247. 
 
 Bureau of Corporations, which has the right to publish any j^^j^^^^j^ 
 
 information obtained. The aim of the Bureau of Manu- {ed.),J^ead- 
 
 factures is to aid American manufacturing industries, espe- ^^ °q^^' 
 
 cially through the development of foreign and domestic 529-538. 
 markets, by gathering and pubhshing information, and " by 
 such other methods and means as may be prescribed by the 
 Secretary, or provided by law." 
 
 The chief tasks of the Census Bureau consists in gather- Census and 
 
 1 Among other duties, the heads of these bureaus have charge of the 
 lighthouses and life-saving stations, the survey and inspection of the coasts, 
 the development of a supply offish (§ 651) and the publication of statistics, 
 in the form of consular reports and statistical abstracts. 
 
 innumerable 
 bureaus. 
 
314 
 
 The American Federal State 
 
 Merriam, 
 W. R., in 
 No. Am. 
 Rev., 170 
 (1900), 
 99-108. 
 
 Gauss, 
 Am. Gov't, 
 
 Non-depart- 
 mental 
 bureaus. 
 
 Gauss, 
 Am. Gov't, 
 813-827. 
 
 ing, compiling, and publishing every ten years, and, in some 
 instances every five years, statistics upon population, agri- 
 culture, vital statistics, and manufactures. This work must 
 be completed within two years. The remaining eight years 
 are devoted to collecting information on special classes, 
 taxation, transportation, and other subjects. By the Immi- 
 gration Bureau are enforced the laws for the exclusion of 
 Chinese laborers, idiots, paupers, and persons with conta- 
 gious diseases or under contract to work in competition with 
 American labor. 
 
 373. Other Commissions. — In addition to these nine 
 departments, there are commissions which are not connected 
 with any department. These are the Interstate Commerce 
 Commission (^ 613), the non-partisan Civil Service Commis- 
 sion of three members (§ 345), the Smithsonian Institution 
 for scientific investigations, the International Bureau of 
 American Republics to promote commerce and friendship 
 throughout the western hemisphere, the Congressional Li- 
 brary, the largest collection in the new world, and the Pub- 
 lic Printing Office, perhaps, with its five thousand employees, 
 the most extensive publishing plant in existence. 
 
 QUESTIONS AND REFERENCES 
 The Department of State (§§ 352-356) 
 
 i. When was each department created? Who is now in charge of 
 each? Give some account of the public services of the present 
 secretaries. 
 
 ii. Name the ambassadors of the United States to the chief powers, 
 and of those powers to the United States. Which of these men have 
 won distinction, and for what? How does their compensation com- 
 pare? 
 
 iii. What does it signify when passports are given to a minister? 
 When they are demanded? How would you get a passport if you 
 wished to travel in Europe? Of what value would it be? 
 
 Post-office and Interior Departments (§§ 357-365) 
 I. ^Vhy should not the telegraph, interstate telephone lines, and 
 
The Executive Departments 315 
 
 the railways be managed by the government? Give ' advantages and 
 disadvantages of government control of the telegraph. 
 
 2. State in detail what is being done for the civilization of the 
 Indian. 
 
 3. Give an account of the relations of the United States government 
 to the Pacific railways from i860 to the present. 
 
 i. Do you live on land surveyed according to the " rectangular " 
 system ? If so, where are the nearest base line and prime meridian? 
 
 ii. What is the smallest monthly sum given to any veteran by the 
 government in the form of a pension? How many pensioners are on 
 the list at present? "What sum was appropriated for them last year? 
 
 iii. Look up the steps in obtaining a patent or copyright. 
 
 Other Departments (§§ 366-373) 
 
 a. Consult, on the naval needs of the United States, Melville, G. W., 
 and others in ^.^.y^., 26 (1905), 123-245, 163-169; Roosevelt, T., 
 in Strenuous Life, 167-185; and Mahan, Interest of America in Sea 
 Power, 
 
 b. Compare our departments as departments and heads as a Cabinet 
 with those of Europe. Wilson, The State, 419-430, 436-439 (Fr.), 
 543-556 (Ger.), 858-889 (Eng.); and Goodnow, Comparative Ad- 
 ministrative Law, I, 102-161 (all). 
 
 c. On the cooperation between the Department of Agriculture and 
 the agricultural colleges and experiment stations, read Harwood, W. S,, 
 in Scribner^s, 31 (1902), 643-660; Corbin, Which College for Boy, 
 211-241; Czxletow, Industrial Evolution, 206-222; U.S. Agricultural 
 Dep't, Yearbook, (1902) 589-606, (1905) 167-182, 407-422; Nat. 
 Educational Assn., Report (1908), 297-312; Powell, E. P., in In- 
 dependent, 66 (1909), 797-802. 
 
 I. Which executive departments and commissions enforce or ad- 
 minister the laws? Which are restricted to making reports and 
 recommendations on subjects over which Congress has no jurisdiction? 
 
CHAPTER XVI 
 
 THE JUDICIAL DEPARTMENT 
 
 General References 
 
 Hinsdale, American Govern?nent, 292-322. 
 Bryce, A?nerican Commonwealth (abd. ed. ), 167-200. 
 Harrison, This Country of Ours, 300-330. 
 Burgess, Political Science, II, 320-337. 
 Cooley, Principles of Constitutional Law, III-148. 
 Story, Commentaries, chaps. IV, V, XXXVIII. 
 Cooley et al., Constitutional History as seen in Constitutional Law. 
 Willoughby, The Supreme Court. 
 
 Coxe, Judicial Powers and Unconstitutional Legislation. 
 The Federalist, Nos. LXXVIII-LXXXIH. 
 Meigs, Growth of the Constitution, 234-254. 
 Lalor's Cyclopedia, article, "Judiciary." 
 
 British and American Encyclopedia of Law, article, " United States 
 Courts." 
 
 Final inter- 
 preter of a 
 written 
 constitution 
 in a federal 
 state. 
 
 Bryce, 260- 
 262. 
 
 Story, Com- 
 mentaries, 
 
 hh 373-396. 
 
 Cooley, 
 Const' I Hist., 
 30-43- 
 
 374. The Position of the National Courts in our Consti- 
 tutional System. — Our national judiciary has enjoyed an 
 experience unique in the history of judicial institutions. 
 This has been in no wise due to a peculiar organization or 
 unusual methods, but solely to the character of the Federal 
 State in which we live and to the limitations of a written 
 constitution. In organizing our present system of govern- 
 ment, a line was drawn between the sphere of the nation 
 and the sphere of the states, and the powers to be exer- 
 cised by the United States were delegated in general terms 
 and enumerated in the Constitution. Because the exact 
 character of these powers was not specified, it became a 
 matter of the first importance to decide who should be the 
 final interpreter of what powers had been given and what 
 
 316 
 
The Jtidicial Department 317 
 
 ones withheld. The convention of 1787 was unwilling to 
 have the United States government dependent upon the 
 states for the exercise of any of its powers, because of the 
 experience which Congress had had under the Confedera- 
 tion. Much less were they willing to give the states the 
 right to decide what the provisions of the Constitution 
 meant, as that would enable the states to restrict the powers 
 of the central government at will, and thus place Congress 
 again at their mercy. Accordingly, the convention felt it 
 necessary to make the United States government the inter- 
 preter of its own powers, and to the Supreme Court was 
 given the right to decide what the Constitution meant. 
 The anti-Federalists protested vigorously against such a 
 usurpation of authority by the central government, as it 
 left no sufficient guarantee that the states would be allowed 
 to use all the powers reserved to them. These protests 
 found embodiment in the tenth amendment, which declared 
 that all powers not delegated to the United States or 
 denied the states were reserved to the states or the people 
 thereof. But this did not affect the position of the 
 Supreme Court as the final interpreter of the Constitution. 
 
 375. Declaring Laws Unconstitutional. — In The Fedej-alist when and 
 CNo. LXXXI) Hamilton has shown that where a less impor- ^^^ ^^ 
 
 ^ ^ ^ power IS 
 
 tant law conflicts with a more important one, the former used, 
 is set aside as invalid. As the Constitution is the funda- g g_ 
 
 mental law of the land, and as laws of Congress have less 181, 183-187. 
 authority in case of supposed conflict, the courts must Hinsdale, 
 decide whether the two are incompatible, and, if so, declare §§ 570-577- 
 the law of Congress null and void. In the same way, since 
 the Constitution, the laws of Congress and treaties are the 
 supreme law of the land, when a state law is in opposi- 
 tion to a national law, the court must first decide whether 
 Congress had a right to pass its law, and if it had, the state 
 law is declared unconstitutional. But the courts wield this 
 immense power purely and simply as courts, i.e. they do 
 not pass judgment on any laws at the time those are enacted, 
 but wait till some one is aggrieved in the execution of the 
 
3i8 
 
 The American Federal State 
 
 Before 1790. 
 
 Bundy, Sepa- 
 ration of 
 Gov't 
 Powers, 
 52-62. 
 
 Since 1790. 
 
 Johnston, in 
 Lalor, II, 
 647-652. 
 
 Elliott, C. B., 
 in P. S. Q., 
 V (1890). 
 224-258. 
 
 Cf. §§ 14s. 
 168, 221, 404. 
 
 law and brings suit in order to protect alleged rights. The 
 courts do no more than decide whether the law does con- 
 travene the Constitution, and if, in their opinion, it does, 
 they bring in a verdict for the plaintiff. But as they have 
 declared the law unconstitutional in this one case, it has 
 become the custom for the other departments of govern- 
 ment and for the people to consider the law of no effect, 
 as though it had never existed. Then, if the decision of the 
 court is unfavorable to the highest tribunal of the land. 
 I.e. the people, in time the ruling of the court will be set 
 aside and a law similar to the first one will be considered 
 constitutional. 
 
 376. Historical Use of the Power to set aside Laws. — In 
 no other country has the judiciary ever been allowed to 
 override the wishes of the legislative body by declaring a 
 law null and void. Consequently, no other national courts 
 can compare with ours in prestige or power. But the idea 
 of setting aside a law did not originate with our Supreme 
 Court. In colonial times we have the germ of the idea in 
 the right exercised by the " Lords of Trade " to declare 
 null and void a law of a colony which they thought was 
 contrary either to the charter of the colony or to the laws 
 of England. No less than three times between 1776 and 
 1787 did the state courts assert their right to decide whether 
 a law was in opposition to the state constitution; and in 
 the well-known case of Trevett v. Weeden (1786) the Rhode 
 Island judges not only declared a law unconstitutional, but 
 sought, though unsuccessfully, to enforce their decision. 
 
 The Supreme Court did not hesitate to exercise this 
 power early in its career; but as most of the cases were of 
 minor importance, comparatively little attention was paid 
 to them, even though the strict constructionists were of one 
 mind that the courts were exceeding their powers. The 
 Virginia and Kentucky resolutions of 1798 and 1799, claim- 
 ing the right of three-fourths of the states to declare a law 
 of Congress unconstitutional, stirred up popular interest in 
 the question, and made it necessary for the courts to prove 
 
The Judicial Department 319 
 
 beyond all question that they had this right to set aside laws. 
 In this consists the significance of Chief Justice Marshall's 
 reasoning in Marbury v. Madison (1803), (§ 145). From 
 that time no large proportion of the people has denied to 
 the Supreme Court the position of final interpreter of the 
 Constitution. But it yet remained to assert the supremacy 
 of national over state laws through judicial decisions, and 
 this was done repeatedly between 1810 and 1830. There 
 have been, of course, objectors in the states and in the 
 other national departments; but it is now universally ad- 
 mitted that the Supreme Court decisions bind all other 
 government officials and all citizens so far as they apply 
 to civil rights and legal remedies, and not to political 
 policies ; unless they are overruled by the people. 
 
 377. Some Rules of Judicial Interpretation. — In deciding Cooiey, 
 whether a law is adverse to the Constitution, the courts are ^^^^_!^^^'''^' 
 accustomed to observe certain rules and customs. Among 
 
 ^ N -vT • , , • 1 • Story, Com- 
 
 these may be mentioned: (i) No important case involving ^.^taries, 
 the Constitution is considered except by a full court. §§399-456. 
 (2) No law is declared unconstitutional unless it is clearly 
 in opposition to the Constitution. (3) To find the mean- 
 ing of a particular clause, the meaning of the Constitution 
 as a whole is usually taken into consideration. (4) Laws 
 which violate general principles of liberty are not on that 
 account declared null and void. (5) Statutes may be held 
 to be unconstitutional in part, the validity of the remainder 
 
 being affirmed. 
 
 378. The System of Courts. — The Constitution provides judiciary 
 that there shall be a Supreme Court and such inferior courts ^^^l^^^"^ 
 as Congress may think it best to establish. In the Judiciary ^.^^^^^^ 
 Act of 1789 arrangements were made for districts corre- §^526-529. 
 sponding to a state or a portion of a state, and circuits 538-546. 
 composed of several districts. Judges were appointed for 
 
 the Supreme Court and the district courts, but no special 
 circuit judgeships were created. The jurisdiction of each 
 set of courts was defined, and the cases that could be ap- 
 pealed from the lower courts, or state courts, were enumer- 
 
320 
 
 The American Federal State 
 
 Life tenure. 
 
 Hinsdale, 
 hk S30. 531. 
 
 Classes of 
 cases. 
 
 Burgess, Pol. 
 Science, II, 
 325-328. 
 
 ated. This system, with necessary changes, lasted for one 
 hundred years, till the Act of 1891 created the Circuit Court 
 of Appeals, in order to relieve the Supreme Court of a large 
 number of the cases formerly appealed to it. We have now 
 (1910) the lowest courts for seventy-nine state and five 
 territorial districts, twenty-nine judges for the nine circuit 
 courts, nine Circuit Courts of Appeals, and finally the Su- 
 preme Court. Outside of this system there are a national 
 Court of Claims, a Customs Court of Appeals, and a Court 
 of Commerce, besides the courts of the territories. 
 
 379. Term and Appointment of Judges. — The term of 
 all United States judges is for good behavior. They are 
 appointed by the President, and must be confirmed by the 
 Senate before taking office. They hold, practically, life 
 positions, as impeachment is the only method of removal, 
 and this is too cumbersome for ordinary use. They may 
 retire at the age of seventy, provided they have served at 
 least ten years, and continue to draw full pay. The sala- 
 ries at the present time are ^6000 a year for district 
 judges, ^7000 for circuit and appeal judges, and ^12,500 
 for Supreme Court justices, with ;^ 13,000 for the chief 
 justice. These salaries may be increased, but cannot be 
 diminished during the term of office. Life tenure of the 
 judges violates one of the fundamental principles of de- 
 mocracy, but it has undoubtedly given us courts of higher 
 character than would otherwise have been possible. The 
 judges have been men that have ranked high in the legal 
 profession, and the permanency of tenure has led to fewer 
 shiftings of position than would have been the case with 
 short terms. Even when men who are pronounced poli- 
 ticians have been selected for the bench, they have, almost 
 without exception, subordinated partisanship to a love of 
 justice. 
 
 380. Jurisdiction of the National Courts. — The Constitu- 
 tion provides for the different kinds of cases that may be 
 tried in United States courts. These include all cases that 
 could not be properly decided by state tribunals. They 
 
The Judicial Department 321 
 
 may be arranged in two great classes : (i) Those depend- Cooiey, 
 
 Const' I Law, 
 112-127 . 
 
 ing on the nature of the suit itself; (2) those depending on 
 the character of the parties to the suit. Under class one 
 come "all cases in law and equity arising under this Con- 
 stitution, the laws of the United States, and treaties made 
 or which shall be made under their authority," and "all 
 cases of admiralty or maritime jurisdiction." Under the 
 second class are : (i) " all cases affecting ambassadors, other 
 public ministers and consuls;" (2) "to controversies to 
 which the United States shall be a party; [3] to contro- 
 versies between two or more states, between a state and citi- 
 zens of another state," but no state shall be sued without 
 its own consent; (4) "between citizens of different states, 
 between citizens of the same state claiming land under 
 grants of different states; and [5] between a state or the 
 citizens thereof and foreign states, citizens, or subjects." 
 
 381. Methods and Jurisdiction; Historical. — The plan Aiinon-judi- 
 proposed by Virginia to the constitutional convention ^^^"^ duties 
 
 y o avoided by 
 
 made the highest national court an advisory body for the the courts. 
 executive; but, before the sessions closed, the courts were ^ 
 
 ■' ' ' Harrison, 
 
 limited to judicial matters tried according to judicial This Country 
 
 methods. Nevertheless, the judges were given several ^^f^urs, 
 
 . 303-313' 
 
 opportunities to perform many non-judicial duties. In 
 
 1 79 1 the judges of the circuit court were asked to investi- 
 gate and decide the claims of certain persons for pensions. 
 All of the judges agreed that they had no judicial power to 
 do this, and while some were willing to undertake the task 
 as commissioners, so strong was the feeling of the judiciary 
 against such a course that other provisions were made for 
 the consideration of the claims. Not long after (1793) 
 Washington sent to the Supreme Court a list of subjects 
 upon which he asked the court to express opinions. They 
 were at once returned as being outside the jurisdiction of 
 that body. But the court has been just as conservative in 
 deciding cases brought before it as in thus delimiting its 
 field of activity. When the case has involved points deal- 
 ing with the policies of either the executive or legislative 
 
322 
 
 The American Federal State 
 
 Concurrent 
 jurisdiction. 
 Cases that 
 may be ap- 
 pealed. 
 
 Cooley, 
 Const' I Law, 
 127-133. 
 
 Cooley, 
 Const' I Limi- 
 tations, 
 18-23. 
 
 departments, the courts have always refused to consider 
 it or to interfere in any way with political questions. 
 E.g. Congress and not the court decide when insurrections 
 exist. Congress uses its own discretion in performing its 
 duties, provided it does not exceed its constitutional powers. 
 The judiciary has therefore confined itself to legal matters 
 and cases involving individual rights. In addition, it has 
 refused to allow Congress to enlarge the original jurisdic- 
 tion of the Supreme Court or the jurisdiction of the national 
 judiciary as a whole; it has permitted state courts to exer- 
 cise extensive concurrent jurisdiction with the United States 
 courts, and has in every way acted with discretion and 
 judgment. 
 
 382. Relation to State Courts. — In general the United 
 States or the state courts have exclusive jurisdiction over 
 certain classes of cases, but there may be instances of con- 
 current jurisdiction. For example, a case coming under 
 the postal laws or under a state law supposed to involve the 
 United States Constitution may be tried in either a state 
 or a United States court, as the plaintiff prefers. In such 
 cases the final decision rests with the national court. When, 
 in a case arising under a state law, the state court decides 
 that the law is repugnant to the United States Constitution, 
 it is not appealed to the United States courts; but if the 
 state court decides that it is not repugnant to the national 
 Constitution, the case must be carried to the Supreme 
 Court of the United States. Again, when a state court 
 decides in favor of any "right, title, authority, privilege, 
 protection, or exemption " granted by the United States 
 government, the decision is final, but the case may be 
 appealed to the Supreme Court if the decision is adverse. 
 In cases tried by the national courts which involve points 
 of state or of the common law, the attempt has been made 
 to follow the rulings of the highest state tribunals; but this 
 has been only partially successful, as the national courts 
 have felt it more necessary to be consistent with each other 
 than with state courts. 
 
The Judicial Department 
 
 323 
 
 383. The Supreme Court; Organization. —The Supreme Composi- 
 Court consists of one chief justice and eight associate jus- ^J°^^^' ^^^^ 
 tices, appointed by the President for life. The court holds decisions, 
 its regular session in Washington, beginning in October, and Harrison, 
 the presence of six justices is necessary before a decision ibid., 
 is rendered. These decisions are written by the different 314-320- 
 judges to whom particular cases are assigned by the chief 
 justice after discussion by the different members of the court. 
 The opinion is then read in the presence of the others, a 
 vote is taken, and, if accepted by the majority, it becomes 
 the decision of the court. Dissenting opinions are often 
 given by the minority in suits involving important principles. 
 
 Each justice of the Supreme Court is also assigned to a Circuit Court 
 particular circuit, in which he is obliged by law to hold 
 court at least once in two years. He is likely to be called 
 upon for service in the Circuit Court of Appeals in his 
 circuit, so his position is no sinecure. 
 
 Until 1807 the court had but five associate justices. From 1807 to 
 1837 the number was six; after 1837, eight. In 1863 it was increased 
 to nine ; but in 1866, in order to prevent President Johnson from mak- 
 ing appointments, it was practically reduced to six. Since 1869 there 
 have been eight associates of the chief justice. 
 
 In 191 1 the court was composed as follows: — 
 
 Number 
 (1789-1900) . 
 
 Chief Justice Edward D. White (La.) .... 
 Associate Justice John M. Harlan (Ky.) . . . 
 Associate Justice Joseph McKenna (Cal.) . . 
 Associate Justice Oliver W. Holmes (Mass.) . 
 Associate Justice William R. Day (Ohio) . . 
 Associate Justice Horace H. Lurton (Tenn.) 
 Associate Justice Charles E. Hughes (N. Y.) 
 Associate Justice Willis Van Devanter (Wyo.) 
 Associate Justice Joseph R. Lamar (Ga.) . . 
 
 Circuit 
 
 Fourth 
 
 Sixth 
 
 Ninth 
 
 First 
 
 Seventh 
 
 Third 
 
 Second 
 
 Eighth 
 
 Fifth 
 
 Appointed 
 
 I910 
 1877 
 1898 
 1902 
 1903 
 1910 
 1910 
 1910 
 1910 
 
 . , . . r 1 o Original and 
 
 384. Jurisdiction. — The jurisdiction of the Supreme appellate 
 Court is of two kinds, — original and appellate. Those jurisdiction. 
 
324 
 
 The American Federal State 
 
 Brit, and 
 Amer. 
 
 Encyc. of 
 
 Law,XXVU, 
 
 638-644. 
 
 Organization 
 and jurisdic- 
 tion. 
 
 B. and A. 
 Encyc. of 
 Law, XXVII, 
 645-649. 
 
 kinds of cases that shall be tried first in this court are 
 specified in the Constitution; but the court itself has de- 
 cided that as this jurisdiction is not exclusive, Congress 
 may permit other courts to exercise it. The cases are those 
 " affecting ambassadors, other public ministers, and consuls, 
 and those in which a state shall be a party." The appellate 
 jurisdiction of the court may extend to all other cases, but 
 to do this would lead to a needless increase of its business. 
 Cases which are now appealed may be divided into three 
 classes, according to the courts from which appealed: 
 (i) Cases from either the district or circuit courts are those 
 in which the jurisdiction of the court is in question, final 
 sentences or decrees in prize causes, cases of conviction 
 for capital crimes, those involving the Constitution of the 
 United States or constitutionality of any law, and cases 
 where a state law is said to be in contravention of the 
 United States Constitution. (2) The decisions of the Cir- 
 cuit Court of Appeals may be reviewed where the case in- 
 volves ^1000 — except cases between citizens of different 
 states or a citizen and an alien, cases under patent revenue 
 and criminal laws, and cases in admiralty. (3) All cases 
 tried in state courts which may be appealed, as we have just 
 seen (§ 382), are carried directly to the Supreme Court. 
 
 385. Circuit Court of Appeals. — The Act of 1891 created 
 this court for the purpose of relieving the Supreme Court 
 of most of its appellate business. There are as many courts 
 as there are circuits, that is, nine, and each is composed 
 of three persons, the Supreme Court justice of that circuit 
 and two of the regular circuit judges, or possibly district 
 judges. Any two of these may hold court at any time, but 
 the places are designated by law. All cases appealed from 
 the district or circuit courts, and not taken directly to the 
 Supreme Court, are reviewed in this court. The decision 
 of the court is final in some of these cases, as in those in- 
 volving criminal, admiralty, revenue, and patent law, but 
 in all others the case may be carried to the Supreme Court, 
 either by appeal or on writ of error. 
 
The Judicial Departfnent 325 
 
 There has already been some complaint that different A defect. 
 suits involving similar principles, which cannot be carried 
 higher, may be decided in one way by one Circuit Court 
 of Appeals and in another way by another, so that what is 
 legal in one circuit is illegal in a second. To remedy this 
 difficulty a single court has been suggested to which appeal 
 may be taken in such cases. 
 
 386. Circuit Courts. — For each of the nine circuits Composi- 
 either two, three, or four circuit judges are appointed who ^'°"' O^s^^^l 
 
 jurisdiction. 
 
 may hold court separately or together. Before 1891 the 
 
 court possessed both original and appellate jurisdiction, but, ^^^^ ^' 
 
 by the judiciary law of that year, when the whole system was z.aw,xxvii, 
 
 reorganized, only original jurisdiction was left. It may be ^49-6s9- 
 
 said that all cases involving $ 2000 or more, coming under 
 
 any one of the classes specified in Article III, Section 2, 
 
 cl. I, of the Constitution are tried in this court, but may 
 
 be appealed to one or the other of the higher courts. 
 
 387. District Courts. — There are now eighty- four dis- District 
 
 tricts in the United States, five of which are in the terri- J^^s^^ and 
 
 officers. 
 tories ; and there are for the state districts eighty-nine 
 
 district judges, as several districts have more than one ^^^^ ^jr 
 
 judge. To each district is also assigned a district attorney, z,aw,xxvil, 
 
 who represents the United States in all suits arising in the 59-664. 
 
 United States courts held in his district, and a marshal, who 
 
 executes the decision of the court and who may call out a 
 
 posse or ask aid from the President in the performance of 
 
 his duties. The jurisdiction of the court is original, and 
 
 covers a multitude of cases from those of minor importance 
 
 to the final decision of prize causes. 
 
 388. Other National Courts. — The Court of Claims, com- Courts of 
 posed of five judges, decides the amount due any person Claims, 
 who has a money claim against the national government. Commerce. 
 The Customs Court of Appeals, with five judges, created in ^ ^^^ ^ 
 1909, has final jurisdiction of controversies involving customs Encyc. of 
 
 duties. The Court of Commerce, consisting of five circuit ff"'' J^^^^' 
 
 ' ° . 664-681. 
 
 judges assigned for a term of five years, has jurisdiction of 
 appeals from the Interstate Commerce Commission. 
 
326 The American Federal State 
 
 QUESTIONS AND REFERENCES 
 
 The Position of the Courts (§§ 374-377) 
 
 a. On courts, consult Burgess, Comparative Constitutional Law^ II, 
 320-337 (U. S.), 338-346 (Eng.), 347-351 (Ger.), 352-355 (Fi^O 35^- 
 366 (all). 
 
 1. How do our courts compare with those of England, France, and 
 Germany in organization, methods, and jurisdiction ? 
 
 2. If the Supreme Court can set aside a law of Congress, is not the 
 court above Congress ? Which has the greater positive power ? the 
 greater negative power ? 
 
 i. Look up in Thayer's Cases in Constitutional Law the decisions 
 on some of the important laws declared unconstitutional. Were any of 
 the decisions unanimous? Which ones were decided by a bare majority? 
 
 ii. Name a recent case in which a law of Congress was held invalid. 
 On what grounds ? By what members of the court ? 
 
 Th© Courts as a Whole (§§ 378-382) 
 
 1. In what respects may our system of courts be altered without a 
 constitutional amendment ? Is the number of Supreme Court justices 
 dependent on statute or constitutional law ? 
 
 2. Why would a ten or fifteen year term be undesirable ? 
 
 3. Why does not the eleventh amendment prohibit citizens from 
 suing their own state ? 
 
 The Supreme and Inferior Courts (§§ 383-388) 
 
 a. See Congressional Directory for biographies of Supreme Court 
 justices and some other facts. For fuller lists of judges, attorneys, 
 marshals, etc., consult Political Almanacs. 
 
 i. Name the most important chief justices we have had. Who is 
 Supreme Court justice for your circuit ? Who are the other judges 
 holding court in that circuit ? 
 
 ii. What are the limits of your district ? Where is the court held ? 
 Give the names of the district judge, the district attorney, the marshal. 
 How do the judges (U. S.) of your locality compare in ability with the 
 state judges ? 
 
 iii. What Supreme Court justices are Democrats ? which ones arc 
 Republicans ? By whom was each appointed ? What experience did 
 each have in the territory over which he now holds circuit court ? 
 
CHAPTER XVII 
 
 THE RELATIONS OF THE DEPARTMENTS 
 General References 
 
 Bryce, The American Commonwealth (abd. ed.), 155-167, 192-200. 
 
 Wilson, Congressional Government. 
 
 McConachie, Congressional Committees, 211-258. Shows how the 
 committees form bonds between the departments. 
 
 Cooley, Constitutional Law. 
 
 Bundy, The Separation of Governmental Powers. The most complete 
 study of the subject; includes the state governments, 
 
 Bagehot, The English Constitution. A brilliant and forceful presenta- 
 tion of its actual workings, chap. II especially valuable. 
 
 Davis, H., on "General Relations," in/. H. U. S., Ill, 482-523. 
 
 Mason, The Veto Power. Vetoes treating relations of the depart- 
 ments. 
 
 Goodnow, "The Executive and the Courts" {P. S. Q.,l, 533-559). 
 Judicial remedies for administrative actions which restrict indi- 
 vidual libert)'. 
 
 Elliot, "The Legislature and the Courts" (P. S. Q., V). 
 
 "Willoughby, The Supreme Court, Relations to Congress and the 
 executive and influence on politics considered. 
 
 Coxe, Judicial Powers and Unconstitutional Legislation. 
 
 Lalor's Cyclopedia, article by Johnston on " Relation of President to 
 Congress and Judiciary," and on " Veto." 
 
 389. The Two Demands upon a Governmental Organization. Separate 
 — For the proper performance of its duties, every modern departments 
 government must fulfil at least two requirements. First, 
 there must be a sufficiently complex organization to accom- 
 plish the many and varied tasks of governing. That is, 
 there should be enough parts to the machinery of govern- 
 ment so that but few duties are required of each part, these 
 few duties being alike in character. However numerous 
 
 327 
 
328 
 
 The American Federal State 
 
 Union of 
 departments. 
 
 Types based 
 on relation of 
 executive to 
 legislature. 
 
 Character of 
 the cabinet 
 system. 
 
 Dicey, Law 
 of the Const,, 
 413-416. 
 
 Medley, 
 Eng. Const' I 
 Hist., no, 
 III. 
 
 these parts may be, they may then be classified as belong- 
 ing to the legislative, the executive, or the judicial branch 
 of the government, so that at least certain of the parts, 
 i.e. those belonging to the same branch, will work together. 
 Second, these branches, or departments, must be more or 
 less united in their action, or we have three central gov- 
 ernments instead of one, and that is little better than no 
 government at all. 
 
 390. Two Types of Government. — It is the relation of 
 the departments to each other which is of special interest 
 in this chapter. We notice upon observation that there 
 are in existence two types of government, which represent 
 respectively close union of the departments and a fair 
 degree of independence among them. Great Britain and 
 the United States are usually selected as the best examples 
 of these types. In the former the fusion of the legislative 
 and executive departments is remarkably complete, for, 
 though they are separate in form, they work almost as a 
 single body, the judiciary being subordinated to them. In 
 the United States, on the contrary, every effort has been 
 made to prevent the coalescence of the departments, and, 
 so far as possible, not only are the departments kept inde- 
 pendent, but coordinate as well. As many political sci- 
 entists of experience have preferred the English system to 
 our own, and have, in some cases, gone so far as to favor an 
 adoption of a modification of the cabinet or parliamentary 
 form in this country, the character of each system with the 
 advantages most apparent will be briefly considered. 
 
 391. Cabinet Government. — In England almost all real 
 power is centred in the hands of a committee of Parlia- 
 ment, which has extraordinary control over legislation and 
 complete charge of executing the laws. This committee 
 is called the Cabinet. Its omnipotence is apparent rather 
 than real, because it can use its power only so long as it 
 reflects the wishes of the House of Commons. We have 
 presented a curious paradox — the Cabinet is master so 
 long as it is servant. Just as soon as it gets out of sym- 
 
Dicey, 416. 
 
 The Relations of the Departments 329 
 
 pathy with the lower house, custom compels it to resign, 
 unless, by calling an election for a new house, the Cabinet 
 can obtain a majority of the Commons. 
 
 392. Advantages of the Cabinet System. — Three princi- Concentra. 
 pal advantages are claimed for parliamentary government, tion of power 
 
 /NT mi , andresponsi- 
 
 (i) It concentrates power. The government has but one biiity. 
 policy: that of its leaders. No time is lost in friction 
 between the different departments or the separate houses. 
 Every part of the government works in perfect harmony Eng. Const. 
 with every other, showing the existence of a single source 
 of authority. In a word, the government is efficient. 
 (2) The Cabinet is responsible for the success or failure 
 of the government's policy. To irresponsible power have 
 been due many of the evils about which history has only 
 too many tales to tell. For this reason men have feared 
 the concentration of authority. But the experience of Eng- 
 land for a century seems to show that under proper re- 
 straint, centralization of power may be an unmixed benefit. 
 This responsibility is enforced by compelling a Cabinet to 
 resign when the House lacks confidence in its leaders. If 
 the Cabinet thinks it, and not the House, is supported by 
 the people, an election is called, and the Cabinet stays or 
 withdraws according to the verdict. By this means (3) the 
 government responds quickly to public opinion, because 
 individual members are constantly being chosen, so that 
 the complexion of the House is quickly modified if the 
 government becomes unpopular. There is nothing rigid 
 about the system, so that it is not necessary to change 
 governments any of tener than the people demand ; and they 
 must be changed if the governing class wishes, though not 
 at once. 
 
 393. Cabinet Government under English and American Con- Reasons for 
 ditions. — Efficiency and adaptability to new needs are 
 not equally desirable in the governments of all countries. 
 England seems to have developed the forms of government 
 which gives the best results for her, but this is due quite 
 as much to certain political conditions as to her cabinet 
 
 success m 
 England. 
 
330 The American Federal State 
 
 system. The English are preeminently conservative, and 
 the control of affairs of state is, and has been, in the hands 
 of her most conservative men. There never has been in 
 the British Isles anything like the practical application of 
 government by the people that has taken place in America. 
 An almost universal suffrage has not meant anything like a 
 real democracy. All political matters are still under the 
 control of a select set of men — men of education, cul- 
 ture, wealth, and ability — who have given England good 
 government while maintaining class rule. 
 Dangers in We know perfectly well, from the experience of France 
 
 the system in ^^^ other nations, that cabinet government demands for 
 merica. ,^^ ^^^^ successful operation conditions similar to those 
 existing in England. Even Bagehot, among the ablest of 
 the critics and admirers of the British Constitution, is 
 perfectly frank in admitting that the efficiency of the Cabi- 
 net would be a serious defect under true government by the 
 people, simply because under parliamentary government of 
 the English types public opinion may be brought to bear, 
 with tremendous force, upon the Parliament and the Min- 
 istry. Two dangers arise from this, apparently contra- 
 dictory, really twin evils: (i) Governments that are too 
 representative of the masses would wield a force uncon- 
 trolled so long as it exists, and would tend to degenerate 
 into mob rule. (2) Change from one dictatorial govern- 
 ment to another is rendered easy. 
 
 With conditions as they are on this side of the Atlantic, 
 it seems best to accept the conclusion of Sir Edward Free- 
 man that both England and the United States have the 
 government best adapted to their requirements. 
 Historical 394- Presidential Government. — The reason for the 
 
 and practical marked separation of the departments in the United States, 
 itTexistence however, is historical rather than practical. That is, it is 
 in United the outgrowth of the conditions of the i8th century more 
 States. ^^^ ^j^g experience of this. The desire which existed in 
 
 the infancy of our republic to keep the government from 
 injuring the people caused statesmen to dread all concen- 
 
The Relations of the Departments 551 
 
 tration of power and to prefer division of it, even though cf. Bryce, 
 cooperation between the departments was less perfect and ^^^~^i^ 
 responsibility less easily fixed. They did not approve of tages). 
 uncertainty of tenure, even if that uncertainty meant that 
 the administration kept in closer touch with the best feel- 
 ings of the nation. They wished fixed terms of office, 
 largely because reelection gave opportunities to keep a 
 check on public servants. This preference for a safe 
 government therefore resulted in two things: (i) Partial 
 independence of the legislative, executive, and judicial 
 departments; and (2) terms of office for a fixed period, 
 which could be diminished only by impeachment or 
 expulsion, and increased by nothing except reelection. 
 
 395. Advantages of Checks and Balances in America. — On increase in 
 account of the rigidity of the Constitution of 1787, due to g^^e^'^^ent. 
 the difficulties surrounding its amendment, the indepen- 
 
 , Federahst, 
 
 dence of the departments became one of the permanent no.xlviii. 
 principles of our government. Nor has the history of the 
 nineteenth century produced a feeling that the separateness 
 of the departments is a disadvantage. No system of gov- 
 ernment is without its defects, and the American people 
 believe that a safe government is better than an efficient 
 one. The checks and balances adopted to protect the 
 people from the government have helped to protect the 
 people from themselves. The greatest danger of a repub- 
 lic, "the tyranny of the majority," has been, to a large 
 extent, avoided by these very means. Fixity of tenure and 
 division of power have given us less government than we 
 should have had with political institutions like England's, 
 and have, no doubt, often resulted in delay and discord; 
 but, on the whole, they have made it possible for democracy 
 to work out its own salvation. 
 
 Some of the means by which the departments have been Means by 
 able to maintain their independence, and the ways in which p^^^^^J^^^'^ 
 they have influenced each other, are indicated in the fol- departments 
 iowing paragraphs. It is the intention to emphasize the has been 
 actual working relations of the departments, rather than the 
 
332 
 
 The American Federal State 
 
 Very great 
 power ex- 
 ercised by 
 laws or 
 through 
 committees. 
 
 Bryce, 
 156-159- 
 
 Wilson, 
 Cong. Gov't, 
 
 277-279. 
 
 theoretical and constitutional checks and balances, and 
 care should be taken to distinguish between powers ordi- 
 narily or actually used, and those which one department 
 has over another, but which, for some reason, have lain 
 dormant, and have therefore partially disappeared through 
 disuse. 
 
 396. Congressional Control over the Executive Departments. 
 — There has never been very great danger that Congress 
 would become subservient to either the President or the 
 courts, for it has constantly tended to encroach upon the 
 sphere of these branches. The American practice of allow- 
 ing the legislature to specify with great exactness the way 
 a law shall be executed, has left to the executive little dis- 
 cretion, and has given Congress constant supervision over 
 the execution and the administration of the laws. To 
 oversee the work of the executive departments each house 
 has created standing committees, that have charge of all 
 matters arising in Congress which relate to the departments 
 of State, the Treasury, etc. Among the duties belonging 
 to these committees is that of organizing the departments, 
 i.e. deciding how many and what bureaus and divisions they 
 have, what work is assigned to each, the force required for 
 the performance of the work, and many other details. Each 
 year the departments ask for what money they need or 
 desire, but obtain what the committees are willing, unless 
 Congress overrules the committees and indorses the esti- 
 mate of the departments. If a secretary wishes some 
 reform in methods employed in his department, or believes 
 he should be given enlarged power, there is no pressure he 
 can bring to bear upon the committee except suggestions 
 through the President's message, and personal appeal or 
 silent and secret influences. In short, the secretary can 
 do very little with Congress, and Congress may, in theory, 
 do almost anything with him, may, in fact, abolish the 
 department or any part of it. Drastic measures are of 
 course quite uncommon; but if, as is usually the case, the 
 secretary is better posted on the requirements of the depart- 
 
The Relations of the Departmerits 333 
 
 ments, even the possibility of executive subordination is 
 not desirable. 
 
 As often happens, the real power does not lie where we 
 naturally expect. The departments are, it is true, greatly 
 dependent upon the good will of Congress; but they, never- 
 theless, have a great deal of liberty in managing their own 
 affairs, so that frequently Congress has less control than 
 seems necessary. For example, take the Treasury during 
 the last twenty-five years of the nineteenth century. Who 
 gave it authority to lay aside $100,000,000 for a gold 
 reserve? Who conferred upon it the right to discriminate 
 between gold and silver in conducting the business of the 
 government? Notice the ease with which a Secretary of 
 the Treasur}' made use of an old law to issue bonds Con- 
 gress begrudged, and we can but admit, after observing 
 these facts and others like them, that at least one depart- 
 ment has exercised its discretion in matters of moment. 
 397. Congress and the President. — Much of the Presi- 
 dent' s power is derived directly from the Constitution and 
 is, therefore, to quite an extent, beyond the reach of the 
 most avaricious Congress. His right of participating in 
 legislation through the veto can be overridden only by a two- 
 thirds majority of each house and constant opposition to 
 the administration. Congress is more likely to resort to 
 subtle means. One of these that has played, and may 
 again play, a by no means minor role is the rider. This 
 consisted of attaching to an appropriation bill some meas- 
 ure distasteful to the President. As the President could 
 not distinguish between the totally different portions of the 
 new bill, he was obliged to veto all or let it pass. Since 
 the appropriations were indispensable and might often affect 
 his own work, the President usually signed his name to 
 a bill containing a rider he disapproved, but the practice 
 became so objectionable that it is now forbidden by the 
 rules of the House. 
 
 If Congress succeeds in making a law against the wishes 
 of our chief executive and he ignores it. Congress is forced 
 
 Discretion- 
 ary power of 
 the depart- 
 ments. 
 
 Means of 
 avoiding a 
 veto. 
 
 Bryce, 
 
 158-160. 
 
 Johnston, in 
 Lalor, III, 
 642-645. 
 
 Means of 
 
 coercing 
 
 President 
 
334 
 
 The American Federal State 
 
 Ford, Amer. 
 
 Politics, 
 
 287-291. 
 
 Treaties and 
 appoint- 
 ments. 
 
 Bryce, 78-81. 
 
 Harrison, 
 This Country 
 of Ours, 100- 
 104, 107-110, 
 134-141. 
 
 Influence 
 and power 
 of President 
 over Con- 
 gress. 
 
 to resort to other methods. It may gain its ends by new 
 legislation. It may coerce the President by refusing to 
 consider the bills he has most at heart, by blocking in 
 every way anything he may attempt, or by withholding sup- 
 plies or money for executive officials, or even the Presi- 
 dent. When Congress is really in earnest, none but the 
 strongest or most obstinate executives have dared to thwart 
 it, and, in consequence, more than one President has 
 become the tool of Congress. If, however, the legislature 
 fails, even by the use of such methods, it has still the right 
 of impeachment, intrusted to its care by the constitutional 
 convention in order to make a dictatorship impossible. 
 But its practical value is almost nil; for the failure of the 
 reconstruction Congress to win a victory in its warfare with 
 President Johnson by the use of impeachment seems to 
 have consigned that check to oblivion and make it little 
 more than an historic memory. 
 
 398. The Senate and the President. — A more real menace 
 to the independence and efficiency of the President exists 
 in the negative which the Senate has upon his power of 
 making treaties and appointments. That the Senate does 
 not hesitate, even when on the best of terms with the Presi- 
 dent, to interfere with his actions for the purpose of pre- 
 serving its own dignity is plainly shown in numerous cases, 
 recent and remote. But where ill feeling exists between 
 the upper house and the executive, the latter has been 
 able to make no headway in his negotiations with other 
 nations unless willing to do as the Senate wishes, and his 
 appointees have been ignored or rejected with systematic 
 regularity. As a matter of fact, the power of appointment 
 belongs rather to the Senate, no matter how cordial may 
 be its relations with the President, while its feelings on 
 treaties must always be taken into account. 
 
 399. Executive Domination of Congress. — Nevertheless, 
 the working relations of the two departments are not one- 
 sided. The periods of presidential weakness have been 
 numerous and prolonged, but they have been due more to 
 
The Relations of the Departments 335 
 
 the character of our chief magistrates than to any defect in Johnston, in 
 the presidency itself. The way in which Jefferson, Jackson, ^^3°^' ^^' 
 and later Presidents have brought Congress to their own 
 way of thinking in time of peace, is conclusive proof that pouucs"^^^ 
 a strong executive is not likely to submit to the domina- 289. 
 tion of Congress. The veto is one of the most powerful Burgess, Pol. 
 means used to bring executive pressure to bear, and the Science, 11, 
 few instances where the veto has been interposed in vam 
 point a significant moral. The message means less than it 
 once did, for in our early history it was carefully consid- 
 ered and discussed, often being the chief basis for proposed 
 legislation. Yet both the annual and the special message 
 may give a new turn to the work of the law-making body. 
 This is especially true of the messages sent to special ses- 
 sions convened at the wish of the President. Congress has 
 been forced to consent to laws which were objectionable 
 to the larger part of at least one chamber. The repeal of 
 the Sherman Silver Act, in 1893, is a case in point. So 
 long as the President alone can call Congress together in 
 extraordinary session, he has an advantage over that body, 
 positive and negative in its character : positive in that he 
 can summon it to do what he wishes, though he cannot 
 compel it to do what he asks; negative, because no matter 
 how much Congress feels the need of a meeting, it can hold 
 one if he is unwilling only by making concessions of some 
 magnitude. 
 
 400. The Independence of the Executive. — Besides this Almost un- 
 direct influence over the action of the national legislature, f^'J^^p^^'^f'' 
 the President possesses certain powers whose exercise is 
 not easily Umited by Congress, but which, nevertheless, g^_ \n Forum, 
 affects Congress greatly. The two which are most potent xxill, 
 for good or evil deal with the control of the army and the ^^^^' 
 
 acquisition of territory. The army is created and organ- ^^ ^ ^^ . 
 ^ . , J . Cf. Baldwin, 
 
 ized by Congress for a period not exceeding two years. Modem Poi. 
 
 War can be declared by that body alone. Yet the Presi- institutiom, 
 
 dent can do almost as he pleases with the military forces ^" " 
 of the United States, and he may compel the Congress to 
 
336 
 
 The Awerican Federal State 
 
 Power in 
 annexations. 
 
 Evidences 
 and results of 
 separateness. 
 
 McConachie, 
 Cong. Com- 
 mittees. 
 
 Bryce, 
 201-213. 
 
 admit that war exists, as he did in 1846. In other words, 
 the President may use the army in such a way that he really 
 begins war, and Congress has no alternative but to indorse 
 his action, or to risk loss of national prestige by an un- 
 seemly withdrawal from hostilities. We found ourselves 
 in that predicament at least twice during the nineteenth 
 century. 
 
 In acquiring and, to a certain extent, in controlling ter- 
 ritory, the President is even less subject to the check of 
 Congress. Enlargement of our domain has never been 
 unpopular with our people, and even when two-thirds of 
 the Senate have not personally favored the treaty by which 
 purchase was made, they have not dared to reject it. Had 
 the President possessed no initiative of this character, it is 
 reasonably certain that our boundaries would be less exten- 
 sive than they now are. Almost without exception this 
 territory was at first under the absolute control of the Presi- 
 dent, and, in some cases. Congress has found it difficult 
 or unwise to supplant the provisional government for a 
 period of years. 
 
 401. Cooperation between Congress and the Executive. — • 
 Evidently, then, the independence of the executive is in 
 no immediate danger. But what about the bonds of union 
 between the legislature and the President? Are these 
 bonds of such a character that each department may work 
 to advantage with the other, or are the departments con- 
 stantly clashing in the performance of their ordinary duties? 
 Their separateness might lead us to think that they hinder 
 more than they help each other, but such is not the case. 
 Although the work of each relates to the same laws, it deals 
 with different phases of those laws, and neither one is in 
 any real sense dependent on the other in performing the 
 majority of the tasks assigned to it. There can be no 
 doubt that in many cases much needed legislation has been 
 prevented because the House, the Senate, or the President 
 has objected, and no means could be found to whip the 
 refractory member into line. It is also probable that 
 
The Relations of the Departments 337 
 
 many of our laws are less perfect in form and content than 
 they would be if each had been imposed by some one set 
 of leaders, and had not been subjected to changes at every 
 stage of its career as a bill. The great objection to the 
 separation of the departments is, that there is no one body 
 of men to whom the executive and the legislature are both 
 responsible, and whose direction they follow; but, even if 
 each of our departments places the emphasis upon different 
 laws, they cannot greatly hinder one another, and their 
 joint responsibility to the same constituency — the people 
 of the United States — and their dependence upon public 
 sentiment, insures a reasonable cooperation where that is 
 indispensable. 
 
 402. The Effect of Political Parties upon the Departments. Cooperation 
 — The working relations of the departments, particularly *^^°^^^ 
 Congress and the executive, have been affected less by their parties, 
 theoretical independence of each other than by the fact ^oxd. Amer. 
 that a single party controls all of them, or one party has a Politics, 
 majority of one or both Houses of the legislature, while xxviii 
 the other has chosen the President. There have grown up 
 between the Congress and the executive branch numerous 
 customs and methods which have enabled the government 
 to bridge the chasm between these departments; but these 
 customs can be used to the best advantage only when the 
 two departments represent the same policy and believe in 
 similar principles. If the President and the majority of 
 the Senate and House are of the same political faith, the 
 effect is immediately noticeable in the amount of impor- 
 tant business transacted. But when one party dominates 
 one-half of Congress and the opposition controls the other 
 half, or when the President and Congress are at swords' 
 points, not only does legislation suffer, but the adminis- 
 tration of the law may be hampered by lack of proper 
 understanding between the secretaries of the executive 
 departments and the leaders of Congress. So vitally do 
 the parties affect the success of our national government 
 that many students of our institutions have sought to per- 
 
338 The American Federal State 
 
 feet the union of the departments through the agency of 
 
 the political party. 
 Heads of 403. Closer Union of the Departments. — Some of these 
 
 departments ^^^ others believe that we shall get better results in law- 
 (proposed^ making and administration by allowing the members of our 
 
 Cabinet to appear in either house of Congress, to address 
 
 C^i, reierences 
 
 at end of them on subjects relating to their departments, and even 
 
 chapter. ^q introduce bills. Certainly some confusion may be 
 
 avoided in this way, and the secretaries might have con- 
 siderable influence in securing new and valuable laws. So 
 far as the secretaries are concerned, there would be a gain 
 in dignity, and possibly in power, over the present rather 
 unsatisfactory method of appearing before committees. 
 Yet we must remember that the real business of Congress 
 is done in committee, and that, especially in the House, 
 oratory carries little weight. The suggestions are well 
 worth careful study, and if their adoption would raise the 
 standard of legislation, as well as render administration 
 more effective, the proposed plan would be doubly welcome. 
 Advantage of 404. Influence of the Judiciary over Congress. — Since our 
 judicial inde- courts are the guardians of the Constitution and of indi- 
 vidual rights, it is necessary that they should be as free as 
 possible from political control and legislative interference. 
 As they have expressly refused to consider cases that were 
 political rather than legal (§ 381), the fear that they may 
 constitute an unreasonable check on Congress is ground- 
 less; consequently the advantages of judicial independence 
 are many, the disadvantages few. 
 Decisions in- So far as the courts can affect the other departments, their 
 voiving laws, powers are negative rather than positive. Their decrees 
 Cooiey, are, in effect, "Thou shalt nots" restraining from action 
 
 fT-iL^"*^' l^g^^^y o^ constitutionally wrong, yet at the same time 
 producing a higher degree of public morality among the 
 Supreme ^' departments of government as well as among citizens, and 
 Court. often leading to increased activity of the central govern- 
 
 ment. The wholesomeness of the influence exerted over 
 Congress is observable in that list, but two hundred in all. 
 
The Relations of the Departments 339 
 
 of cases involving laws that have been declared unconsti- 
 tutional. The magnitude of the power wielded over the 
 same body may be suggested by calling to mind but two; 
 Marbury v. Madison (§145) and the Slaughter House Cases 
 (§§ 213, 248, 249); while the way Congress has been aided 
 and strengthened is apparent from the effect of the deci- 
 sions in McCulloch v. Maryland (§ 168) and Texas v. 
 White {%2\i). 
 
 405. Judicial Dependence on Congress. — The indepen- Dangers ot 
 dence of our courts is maintained quite as much by the j^fg^g^j'g^^,^^ 
 operation of public sentiment as by any constitutional 
 guarantees. So long as the existence of the lower national j^^f^_ 
 courts, the number of the Supreme Court justices, and, to 
 
 some extent, the jurisdiction of the different courts is 
 dependent upon statute, so long does the legislative depart- 
 ment hold the judicial department at its mercy. The just 
 pride taken by the people in the integrity and ability of 
 the Supreme Court especially has restrained Congress 
 from attempting to use its power except in certain rare 
 instances, and the need of executive cooperation in a radi- 
 cal change of the judiciary tends to lessen any danger that 
 might exist. In the period of reconstruction. Congress did 
 more than once prevent the court from interfering with its 
 work in the South; but, under such extraordinary condi- 
 tions, when principles of long standing were not carefully 
 observed, and more important infringements of constitu- 
 tional rights took place, these acts were of comparatively 
 minor importance. The spirit with which the nation 
 accepted the federal judiciary act of 1801, by which extra 
 circuit judgeships were created for partisan reasons, and 
 ol the law of 1869, which placed two more justices on the 
 Supreme Court bench, partially for the purpose of revers- 
 ing a decision of that court, are evidences that political 
 parties cannot afford to do serious injury to the judiciary. 
 
 406. The President and the Courts. — The right of the Executive 
 President to appoint justices, with the advice of the Sen- ^gj^gfo^s.^ 
 ate, is liable to abuse only when death or resignation occurs 
 
340 
 
 The American Federal State 
 
 Willoughby, 
 
 Supreme 
 
 Court. 
 
 Bundy, 
 Separation of 
 Gov'tal 
 Powers, 
 62-68. 
 
 Separation 
 without inde- 
 pendence. 
 
 Cf. Bundy, 
 
 Separation 
 of Gov'tal 
 Powers, 
 39-46. 
 
 at an abnormal rate during a particular administration. 
 But as the inclination to select personal friends or political 
 allies is not less marked during recent years than in our 
 earlier history, constant watchfulness is necessary to main- 
 tain the high standard of the past. The President is, how- 
 ever, quite as likely to do the court harm by refusing to 
 respect its decisions. The three most conspicuous exam- 
 ples of this contempt were Jefferson's neglect to answer 
 subpoena of the trial of Aaron Burr (1807), Jackson's 
 treatment of Marshall in Worcester v. Georgia (1831), 
 (§ 176), and Lincoln's refusal to allow Taney to issue writs 
 of habeas corpus (1862), (§ 204). Cases of this character 
 are rare, as the courts never seek to dictate what policy the 
 executive shall adopt, and in two of those enumerated the 
 action seemed justified by the circumstances. Yet it can- 
 not be truthfully said that each department is the final inter- 
 preter of its own powers except within that limited field 
 left it by the judiciary. In regard to most of the duties of 
 Congress and the President, the decision of the court is 
 final, alterable only through the votes of the people. 
 
 407. The Departments of the States. — The separation of 
 the departments in the states does not seem to have given 
 as great satisfaction as in the national government, and its 
 comparative failure may be interpreted to mean that separa- 
 tion without independence is not desirable. In the states 
 the executive department is much more taken up with 
 details of administration, and less concerned with duties 
 of importance, than the national executive. In addition, 
 these administrative tasks are assigned to many officials 
 only nominally connected with each other. Naturally, 
 then, the state executive is in a position much inferior to 
 that of the legislature. The judiciary suffers in somewhat 
 the same way; for though it has the right to declare laws 
 null and void, it has much less influence than the national 
 courts in defining the sphere of legislative action. On the 
 other hand, the legislature enjoys an unusual degree of 
 power because its powers are not specific and enumerated. 
 
The Relations of the Departments 341 
 
 but general and residuary. That is, all of the limitations 
 placed upon it are negative in character, it being excluded 
 from certain things by the United States and the state con- 
 stitutions, all else being left to its charge. Not content 
 with these extensive legislative powers, it spends much of 
 its time arranging the details of administrative action, thus 
 further subordinating the executive officials to itself. It 
 is, therefore, more like the English Parliament than the 
 American Congress, although not an omnipotent body like 
 the former. For all of these reasons, the legislative de- 
 partments of the states may be said to control the other 
 departments, though the latter are, in theory, separate and 
 independent. 
 
 QUESTIONS AND REFERENCES 
 General Relations of Executive and Legislature 
 
 (§§ 389-395) 
 
 a. For the superiority of parliamentary over presidential govern- 
 ment, consult Fiske, Critical Period, 289-300; Bryce, American Com- 
 monwealth, chap. XXIV; Bagehot, English Constitution, chap. II; 
 Wilson, Congressional Government, chap. V ; Bradford, Lessons of 
 Popular Government, II, 320-415; also White, " Parliamentary Gov- 
 ernment in America," in Fortnightly Review, Vol. XXXII (1879), 505- 
 
 517- 
 
 b. On the advantages of presidential government in the United 
 
 States, see Snow, "Cabinet Government in the United States," in 
 A. A. A., Ill (1892), i-ii, and in A. H. A., IV (1890); McConachie, 
 Congressional Committees, 211-258; Lowell, " Cabinet Responsibility," 
 in his Essays on Government; and Freeman, "Presidential Govern- 
 ment," in National Review, XIX (1864), i et seq. 
 
 1. What has been the degree of success of parliamentary govern- 
 ment in other countries than England ? What conditions in France 
 affect its operation there ? 
 
 2. Make a list of the actual powers exercised by the English Cabinet 
 from some manual of the English Constitution, and show what kinds of 
 powers their executive has that ours has not. 
 
 3. Why is concentration of power not an evil necessarily ? How is 
 responsibility enforced in the English system ? How for our Presi- 
 
34^ *rhe American Federal State 
 
 dent ? for our Congress ? Can an undesirable law be repealed most 
 easily in England or in America ? Explain how. 
 
 i. Classify modern governments as parliamentary or presidential, as 
 far as possible. 
 
 ii. Name the great checks and balances of the American system. 
 Enumerate the means or minor checks by which the great balances 
 are maintained. 
 
 Congress and the Executive (§§ 396-403) 
 
 a. Plans for perfecting the fusion of the departments will be found 
 in some of the references under a, above; also in Report of Senate 
 Committee (1883), given in appendix of Ford's Rise and Growth of 
 American Politics. See also Ford, ibid., 365 eiseq., and Brown " Cabinet 
 Officers in Congress," At. Mon., Vol. L, 95 et seq. 
 
 1. Is the independence of the three departments in our central 
 government so pronounced that we have three governments instead of 
 one ? If not, is there any danger that they may become so separated? 
 Is better cooperation desirable ? How can it be best obtained ? 
 
 2. Show how the executive and the executive departments affected 
 our financial policy under Jackson. 
 
 3. What is the purpose of a committee of investigation ? How does 
 it collect evidence ? What is the usual result of its work ? 
 
 4. Trace the loss of presidential power after the War of Secession, 
 and show what influences led to his regaining a position of prominence. 
 
 5. Find what Congresses since 1875 i^^ve been controlled by the 
 party which had elected the President. What bills of importance 
 were passed by them ? How did the nation approve their work as 
 shown in the next elections ? What Congresses have done the best 
 work since 1875 ? Look up the composition of Senate and House, 
 and ascertain the reason why the legislation was so successful. 
 
 6. What is the difference between the fusion of the departments 
 suggested in § 403 and that actually existing in the British govern- 
 ment ? Is it possible to devise a compromise between presidential 
 and parliamentary government that avoids the most glaring defects 
 of each ? 
 
 The Courts and the Other Departments (§§ 404-407) 
 
 I. What are the duties of the judiciary committees of the Senate 
 and House ? Do they command some of the best men of Congress ? 
 Does the composition vary from Congress to Congress ? Are they a 
 hinderancc or a help to the courts ? (Cf. McConachie.) 
 
The Relations of the Departments 343 
 
 2. WTiat legal right had Lincoln to refuse to deliver Merriman for 
 trial on request of the chief justice ? WTiat moral right ? In cases 
 of insurrection, may the military courts entirely supersede the regular 
 ones ? If so, under what conditions ? (Cf. § 204.) 
 
 3. If a United States revenue of&cial imposes upon you an exces- 
 sive and you believe illegal tax, what remedy have you ? 
 
 4. Would the separation of the departments be an advantage with- 
 out their independence of each other ? Consider fully the bearing of 
 § 407 upon this question. 
 
CHAPTER XVIII 
 
 THE STATES : CONSTITUTIONS AND GOVERNMENTS 
 
 General References 
 
 Wilson, The State, 469-506. 
 
 Hinsdale, The American Government, 369-391. 
 
 Bryce, The American Commonwealth (abd. ed.), 287-396. The best 
 
 brief account. 
 Clark, Outlines of Civics, 109-143. Outlines and questions. 
 Cleveland, Growth of Democracy, 109-127, 312-351. An excellent 
 
 summary of details. 
 Oberholtzer, The Referendum in America, 99-172 (the second book 
 
 of that name). On constitutions and their amendment. 
 Hitchcock, American State Constitutions. Chiefly historical. 
 Jameson, Constitutional Conventions, especially chaps. IV, VI, VII, 
 
 VIII. The highest authority on the legal aspects of conventions 
 
 and their work. 
 Cooley, Constitutional Limitations, especially chap. XVI. The great 
 
 authority on interpretation of state constitutions and state law, 
 Shaw, "American State Legislatures," in Contemporary Review, LVI, 
 
 555-573. An excellent article on methods and powers. 
 Roosevelt, " Phases of State Legislation," in his American Ideals, 
 Stimson, American Statute Law, 1-114. Comparative statistics of the 
 
 provisions of state constitutions (1887). 
 Poore, Charters and Constitutions. 2 volumes. The texts of most of 
 
 the charters and constitutions since 1600 (to 1878). 
 New York Constitutional Convention Manual. 2 volumes. Texts 
 
 of all constitutions in force in 1894. 
 
 Not subordi- 
 nate to the 
 United 
 States. 
 
 Bryce, 
 291-296. 
 
 408. Position of the States. — The states of the American 
 Union are self-governing constituent parts of the United 
 States. They do not exist primarily or incidentally for the 
 purpose of helping the national government carry on its 
 work ; they are essentially uncontrolled by that government, 
 
 344 
 
The States: Constitutions and Governments 345 
 
 but over it they have no power. The people of the state 
 are, then, independent of all outsiders within their own 
 sphere of action. They may make their own state consti- 
 tution in their own way, framing such a government as they 
 desire (provided it is republican in form), and granting 
 suffrage and civil rights to whom they deem it wise, within 
 the limitations of the United States Constitution. 
 
 409. Uniformities and Diversities among the States. — Diversities 
 But as a matter of fact the forty-six states exhibit com- P'^^^J^P^^^^' '"^ 
 paratively few differences in the general character of their 
 constitutions, governments, and laws. In details these ^^°j^_jn' 
 diversities are both numerous and conspicuous. The great- Laior, ill. 
 est dissimilarities are especially observable when we con- 800-812. 
 trast newer states with those first settled or compare different 
 sections, that is, they are principally due to historical or 
 geographical causes, e.g. Michigan and Iowa will be more 
 alike than Michigan and Arkansas. This is partly because 
 Michigan and Iowa were largely settled by people from 
 the same states and countries, and partly to climatic and 
 other influences. 
 
 It is not the purpose of this and the succeeding chapter 
 to take up the details of the state governments and consti- 
 tutions, except to illustrate the more important principles, 
 but the attempt will be made to show the general nature 
 of the political system in the commonwealths, which is 
 practically alike in all. 
 
 F, J. Stimson, who has made an exhaustive study of the constitutions Groups of 
 and laws of the states, calls attention to the groups of states among the states, 
 members of which there is considerable identity even in details. He 
 enumerates three groups ; the largest comprising all of the " Northern, 
 Eastern and Northwestern states, more often divided into two main 
 bodies, the one following in its legislation the general model of the 
 state of New York, the other that of the New England states." A 
 second group contains the Southwestern states under the lead of 
 Maryland and Virginia, and a third includes the Gulf states, except 
 Louisiana, which is ver>' different from the others in many respects. 
 California, Dakota, New Mexico, and Georgia present many irregu- 
 larities and in a measure cannot be classified with the others. 
 
346 
 
 The Ainerican Federal State 
 
 From 
 colonial 
 times to the 
 present. 
 
 Bryce, 317- 
 320. 
 
 Constitutions 
 first made by 
 the legisla- 
 ture. 
 
 Borgeaud, 
 Adoption and 
 Amend, of 
 Consts., 
 137-19 1. 
 
 Appendix E, 
 Table I. 
 
 Later by con- 
 ventions 
 without 
 ratification. 
 
 Cleveland, 
 
 Democracy, 
 
 109-113. 
 
 410. The Development of the Written Constitution. — The 
 
 constitutions of the states naturally grew out of the colonial 
 charters (§ 66). All of our ancestors were accustomed to 
 the idea of a fundamental law superior to the acts of the 
 colonial legislature, and in most cases this law was written. 
 It was not strange, therefore, that when the old colonial 
 governments failed to prove satisfactory, they were replaced 
 by others which were more popular, and that the people 
 created new charters or constitutions prescribing the form 
 and powers of government and enumerating civil rights. 
 How the constitutions developed, and how new methods and 
 subjects were introduced, we have considered in Part I. 
 At this point we might notice the three stages in the 
 historical process of constitution-making. 
 
 411. The Three Stages in Constitution-making. — (i) The 
 first constitutions were made by legislatures. Sometimes 
 the constitutions were created by legislative act, passed like 
 any other bill. More frequently the legislature practically 
 transformed itself into a constituent assembly, which framed 
 such a constitution as it desired; but the constitution 
 adopted in this way could be changed by the legislature 
 without calling a constitutional convention. 
 
 (2) Much more common, even during revolutionary 
 times, was the constitutional convention. This was chosen 
 by the regular voters solely for the purpose of making a 
 constitution. But so little had the idea of popular coopera- 
 tion in government spread that public sentiment did not 
 compel the convention to submit the completed constitu- 
 tion to the people for ratification. Before 18 10 twenty of 
 the twenty-five constitutions had been declared in force by 
 the convention that framed them, two of the others being 
 made by the legislatures, leaving but three ratified by the 
 voters. Since 1838 this method has been used but four 
 times, excluding secession constitutions and those adopted 
 in 1865 : by Mississippi in 1890, by South Carohna 
 in 1895, by Delaware in 1897, and by Louisiana in 
 1898. 
 
The States: Constitutions and Governments 347 
 
 (3) The third stage was reached when we find constitu- Still later by 
 tional conventions with ratification. It must not be sup- conventions 
 
 ^ followed by 
 
 posed that this mode of making constitutions was adopted popular 
 by all the states at the same time. Massachusetts was the ratification. 
 first to use it, in 1778, when the constitution proposed was Bryce, 324- 
 rejected at the polls. It is now used in practically all of ^^S- 
 the states, though not always required by the constitutions Oberhoitzer, 
 now in force. The people are thus enabled to determine 103-115. "^' 
 negatively, and to a certain degree positively, what shall 
 be the character and powers of the state government under 
 which they live, and what the most prominent features of 
 the statute law shall be like. In other words, by the ratifi- 
 cation of the constitutions the people have taken from the 
 state legislature the power to make not alone those laws 
 that are constitutional, but even many that are purely statu- 
 tory, and have reserved to themselves the right of approv- 
 ing or rejecting these. Truly a specific application of the 
 principle that the people should rule. 
 
 412. Process of forming a Constitution at the Present. — Method used 
 The method that is all but universally used when a state ^^ ™°^* 
 wishes a new constitution is substantially as follows. The 
 legislature takes the initiative by passing a resolution call- Oberhoitzer, 
 ing a constitutional convention. In many of the states, 128-133. 
 especially the newer ones, two-thirds of the members elected Appendix E 
 to each house are necessary, others require only a majority. Table ii. 
 and in twelve states there is no constitutional provision for 
 general revision. At the next election the voters signify 
 whether they favor a revision, and, provided they do, the 
 legislature passes a new resolution, in which the number of 
 members of the convention is specified, the districts pre- 
 scribed, and the mode of choice designated. To this con- 
 vention are usually sent some of the best men of the state, 
 who make an earnest effort to improve the constitution. 
 The new draft may be declared in force by the convention, 
 except in one-third of the states; but is ordinarily sub- 
 mitted to the voters for acceptance or rejection as a whole, 
 though occasionally with extra clauses on such subjects as 
 
348 
 
 The American Federal State 
 
 By one or two 
 legislatures 
 with ratifica- 
 tion. 
 
 Wilson. The 
 
 State, 
 
 §§ 1101-1107. 
 
 Oberholtzer, 
 Referendum, 
 150-154. 
 
 Cleveland, 
 
 Democracy, 
 
 114.-127. 
 
 Why fre- 
 quent 
 
 changes are 
 necessary. 
 
 Oberholtzer, 
 Referendum, 
 94-96. Cf. 
 also ibid., 
 133-136. 
 
 suffrage, prohibition, or the referendum, upon which the 
 vote is taken separately. If the constitution is approved 
 by a majority of the persons voting, it supplants the one in 
 use. Some states are unwilling to leave to their govern- 
 ments discretionary power in calling these conventions, and 
 require revision at certain stated intervals, e.g. New Hamp- 
 shire has a new convention every seven years, Iowa every 
 ten, Michigan every sixteen, New York, Ohio, Maryland, 
 and Virginia every twenty. 
 
 413. Amendment of the Constitution. — A great many of 
 the changes in the fundamental law occur through amend- 
 ment. Here we find less uniformity in the methods of the 
 various commonwealths. In every case the amendment is 
 proposed by the legislatures, and separately ratified by the 
 people, before going into effect, except in Delaware. 
 Three of the states ask only a majority of those elected to 
 each House before submission to the voters; five require a 
 three-fifths vote; nineteen states provide that two-thirds of 
 each House shall give their consent; while sixteen, most 
 of them older states, demand the consent of two successive 
 legislatures by votes varying from a majority to three-fourths 
 of the members elected. When we realize that very few of 
 the states permit annual sessions of the legislature, we see 
 that ample opportunity is given to thoroughly discuss the 
 proposed changes in most cases, — an opportunity by no 
 means well utilized, for constitutional amendments usually 
 receive at the hands of the public a lack of consideration 
 and attention that is unfortunate. 
 
 414. Are Constitutional Changes too frequent ? — Notwith- 
 standing the restrictions placed upon alteration in the con- 
 stitutions, there is a widespread belief that changes are too 
 frequent and too radical. Is that feeling justified by the 
 facts? If our standard of comparison is the United States 
 Constitution, the difference is of course very great. No 
 one of the original thirteen states now has its first constitu- 
 tion except Massachusetts, which still retains its constitu- 
 tion of 1780, amended however in thirty-six particulars. 
 
The States: Constitutions and Governments 349 
 
 Fourteen out of a possible twenty-three of the states have 
 constitutions framed before the Civil War, only six adopted 
 new ones between 1890 and 1900, while fifteen have had 
 but one each. In view of the mass of material included 
 within the present-day constitution, revisions seem no more 
 frequent than is necessary. The defect is less in the con- 
 tinued changes than in the excessive bulkiness of these 
 instruments, which are by no means the outline of gov- 
 ernm.ent that the United States Constitution is. 
 
 415. The Contents of the State Constitutions. — The earlier Frame of 
 constitutions were brief. They included, as a rule, a bill government 
 of rights, a frame of government, and provisions for suffrage, st"tutionai°^' 
 and perhaps amendment and education. Those adopted provisions. 
 later not only cover more subjects, but treat each one at wiison, The 
 greater length, e.g. the new constitution of Louisiana (1898) ^^^^^^ 
 devotes some three thousand words to "Suffrage and Elec- °^ ^°^ ' 
 
 tions," giving minute directions about even minor matters. ^^^^' 306, 
 
 . 311-313- 
 But the most notable characteristic of the newer constitu- 
 tions is the addition of articles relating to corporations, ^^^J^ g° ^g^g^' 
 
 local government, public institutions, water rights and im- 
 
 1 1 • 1 T • J 1 Cooley, 
 
 provement, public lands, taxation, and many others. As const' iLimi- 
 stated above, the reason for this is the popular desire to ^^^ions, 
 have all important laws directly and personally approved '^^~^°' 
 by the voters. 
 
 416. The Bills of Rights. — It might seem as though, with Historical 
 such constant surveillance of our governments by the people, ^^"^ practical 
 
 ,.,,-. 1 ^ T J J reasons for 
 
 bills of rights are unnecessary. Indeed, many persons the bills 
 believe that they are retained in the constitutions simplv ^ , 
 
 ^ •' Cooley, totd., 
 
 because their value was apparent m colonial times, and 47, 48. 
 that now they are of little use. Many others feel that they g 
 still assure needed protection from the encroachments of 307-311. 
 the government, and that they act as a restraint upon the 
 majority for the protection of individual liberty. We must 
 not forget that the bill of rights incorporated in the first 
 nine amendments of the national Constitution binds the 
 United States government only, and does not affect the 
 states in any way ; and it may be well to remember that. 
 
350 
 
 The American Federal State 
 
 The central 
 government. 
 
 The local 
 govern- 
 ments. 
 
 Similarity of 
 the two 
 houses. 
 
 Numbers 
 and terms. 
 
 Bryce, 331, 
 332, 336. 
 
 according to the best interpretation of state law, the legis- 
 latures of the commonwealths are held to have unlimited 
 legislative power unless prohibited by the national or state 
 constitution. In consideration of f.hese facts, the useless- 
 ness of the bills of rights must certainly be clearly proved 
 before we should accept the statement as true. 
 
 Some idea of the character of the provisions in most of the states 
 will be given in chapter XXIV, Part III. 
 
 417. The State Government. — All of the states have 
 central governments and local governments. The state 
 government always consists of the three departments — the 
 executive, legislative, and judicial. The executive depart- 
 ment is made up of the governor and of other administra- 
 tive officials. The legislatures are invariably of two houses. 
 There is always at least one state court besides the minor 
 ones. 
 
 Most commonwealths have the two units of local govern- 
 ment — the county and the township — ■ in addition to the 
 municipalities. None of these are true self-governing 
 bodies, but are convenient territorial subdivisions of the 
 state for the administration of state law supplemented by 
 such by-laws and ordinances as each locality requires. 
 
 418. The Legislature ; Composition of the Senate. — Both 
 houses of the legislatures are chosen by the qualified voters 
 at regular elections. The upper house is different from 
 the lower principally in its greater length of tenure, its 
 smaller number of members, and its special duties. 
 
 The senates, as all of the upper houses are called, vary 
 in number of members from fifteen in Nevada to sixty- 
 three in Minnesota, the average being about thirty. The 
 term of office in about two-thirds of the states is four years, 
 in New Jersey it is three, in Massachusetts and Rhode Island 
 one, and in the others two years. Sixteen states have the 
 same term for senators that they have for representatives. 
 In most of the states all the senators are not elected at the 
 same time, so that the Senate is a continuous body. As a 
 
The States: Co7istitutions and Governme^its 351 
 
 rule, there are qualifications covering age, residence, and 
 United States citizenship, and until 1897 there were prop- 
 erty qualifications as well in little Delaware. 
 
 419. The Lower House; Composition. — The lower houses 
 have about three times as many members as the senates. 
 At present Nevada has the smallest house of representa- 
 tives, 30, New Hampshire the largest, 398. The terms 
 vary from one year in four of the original thirteen states 
 to four years in Louisiana and Mississippi, all of the others 
 electing for two years. The qualifications for members are 
 much the same as those of senators, except that the age 
 limits are lower and the periods of residence shorter. 
 
 In practically all of the states, senators and representatives 
 are elected from districts equal in number to the members 
 of the respective houses. Illinois not only permits three 
 representatives to be elected in each district, but provides 
 for minority representation. In many of the constitutions 
 we find the requirement that the members shall be residents 
 of the districts for which they are chosen, and custom does 
 not allow a non-resident anyrvhere in the United States to 
 run as a candidate for the legislatures. 
 
 420. Legislative Sessions. — At the time the national Con- 
 stitution was adopted (1787), long terms for members and 
 short sessions for the legislatures were the exception. It is 
 exactly the reverse now. Those states that hold annual 
 election for representatives almost of necessity have annual 
 sessions of the legislatures; but they are the only ones 
 except South Carolina and Georgia. All the others think 
 that ii legislators come together regularly every two years, 
 it is often enough. But most go farther by limiting the 
 length of the session to sixty days, usually, or in three cases 
 to forty days. Extra sessions may be called by the governor 
 at his own wish or when requested to do so by a certain 
 proportion of the members. He may even adjourn the 
 legislature if they cannot agree upon a day. 
 
 421. Legislative Regulations. — Many of the regulations 
 for the state legislatures remind us of those covering 
 
 Numbers 
 and terms. 
 
 Hinsdale, 
 \\ 670-676 
 
 Election by 
 districts. 
 
 Bryce, 332- 
 334. 
 
 Biennial ses- 
 sions with 
 time limits 
 the rule. 
 
 Oberholtzer, 
 Referendum, 
 79-82, 85. 
 
352 
 
 The American Federal State 
 
 Constitu- 
 tional rules 
 for the 
 houses. 
 
 Cooley, 
 Const I 
 Limitations, 
 158-163. 
 
 Cleveland, 
 
 Democracy, 
 
 312-320. 
 
 Stimson, 
 Amer. 
 
 Statute Law, 
 \\ 270-278. 
 
 The course 
 of a bill 
 
 Contained in 
 constitution 
 of the state. 
 
 Bryce, 
 339-341. 
 
 Three classes 
 of restric- 
 tions. 
 
 Laws made 
 by constitu- 
 tional con- 
 ventions. 
 
 Wilson, The 
 
 State, 
 
 \\ 1096-1098. 
 
 Oberholtzer, 
 Referendum, 
 83-86. 
 
 similar subjects in national affairs (§ 258). Among these 
 are the quorum, which is a majority of the members of each 
 house in all but a few states, freedom of speech in the 
 legislatures, the exemption from arrest during the session, 
 the expulsion of members by a two-thirds vote, adjourn- 
 ment, the keeping of journals, the reading of bills, the judg- 
 ing of elections of members, rules regarding compensation 
 and restricting the holding of other offices by legislators. 
 
 The course of legislation is almost identical with that of 
 Congress (§§ 260-263). The committee system is univer- 
 sal, and in some states no bill can be brought to its third 
 reading without having first been committed; while in a 
 majority of the states at least one-half of the whole number 
 elected to each house must vote for a measure before it is 
 sent to the governor. 
 
 422. Limitations and Prohibitions on Legislation. — The 
 state sphere of action has been defined in chapter IX. It 
 is said to include all of the powers of government not given 
 to the United States government exclusively or denied to 
 the states by the national Constitution. Yet no state allows 
 its legislature to exercise all of these powers. Every state 
 constitution contains prohibitions and limitations which 
 restrict the legislatures; but unless a legislature is thus 
 restrained by either the United States or the state constitu- 
 tion, it has full power to pass any law it pleases. 
 
 The restrictions upon the legislatures may be placed in 
 one of three classes. I. Powers legislative in character 
 denied to the legislature because assumed by the constitu- 
 tional convention, subject to the veto of the people at the 
 polls. There are embodied in every constitution a mul- 
 titude of articles which are not properly constitutional, 
 i.e. are not essential to the organization of the government, 
 but are purely statutory, and are placed in the constitutions 
 simply because the people consider them of such impor- 
 tance that they should not be left for each legislature to 
 alter as it pleases. Because they are in the constitutions 
 they can of course be changed only in the ways provided 
 
The States: Constitutions and Governments 353 
 
 for constitutional amendment or general revision. As 
 stated above, some of these subjects covered more or less 
 fully in the constitution are suffrage and taxation, debt 
 limitations, municipal, county, banking, insurance, rail- 
 way, and other corporations, public lands, education, 
 militia and homestead exemption. 
 
 423. Powers not exercised by the Legislature or the Con- Prohibitions 
 
 vention. — II. The second class of limitations includes 1" constitu- 
 tions, 
 those powers prohibited to the legislature, but whose exer- 
 cise is not assumed by the convention. Among the most 
 common of these are the prohibitions of lotteries, denial 
 of the right to give aid to religious bodies or schools, to 
 hold stock in railroad and other corporations, or appro- 
 priate money for the same. Many constitutions repeat the 
 prohibitions placed by the United States Constitution upon 
 the states, as, e.g, those relating to bills of attainder, ex post 
 facto laws, titles of nobility, slavery, suffrage, etc. Most 
 of the states in their bills of rights place limitations upon 
 the commonwealth governments similar to those contained 
 in the first nine amendments to the Constitution for the 
 national government. 
 
 424. Limitations upon Local and Special Legislation. — Long list of 
 III. There are, in addition, numerous limitations upon the subjects for 
 
 - . , . , . . . / N mi which laws 
 
 legislature in the exercise of its powers, (i) The most must be 
 
 important of these deals with the passing of local or special general. 
 
 laws. Every modern constitution enumerates a large num- Cleveland, 
 
 ber of subjects for which the legislature can make only ^'f»*<'^''«0'. 
 
 348-35 1 • 
 general laws. These general laws may then be applied by 
 
 the courts or the administrative officials to particular cases, 
 
 if they are capable of application at all. No special laws 
 
 shall be made in most of the states relating to the granting 
 
 of divorces, changing the names of persons, for creating 
 
 private corporations, changing the law of descent, giving 
 
 special privileges to corporations, and many others. Local 
 
 laws are prohibited which would permit incorporation of 
 
 some particular town and no others, laying out of certain 
 
 roads or bridges, altering county or township lines, etc. — 
 
 2 A 
 
354 
 
 The American Federal State 
 
 Sessions and 
 biUs. 
 
 Cooley, 
 Const' I Limi- 
 tations, 
 164-168. 
 
 Bills relating 
 to revenue, 
 appropria- 
 tions and 
 indebted- 
 ness. 
 
 Cleveland, 
 Democracy, 
 321-324, 343- 
 345- 
 
 Vast extent 
 of legislative 
 field. 
 
 Bryce, 371- 
 373. 
 
 all these matters being cared for under laws that apply 
 equally to all parts of the state. 
 
 425. Legislative Procedure. — (2) A second set of limita- 
 tions deals with legislative procedure. Not only are the 
 sessions of a definite duration, except in a few of the older 
 states, but often no bill may be introduced within a certain 
 number of days of final adjournment. Usually no laws can 
 be passed except by bill, whose contents are expressed in 
 the title and cover but one subject. The bill must be read 
 three times, on different days, except for extraordinary 
 occasions, and on the final vote must, in most of the states, 
 be approved by a majority of those elected to each house. 
 In all but one state bills are subject to the veto of the 
 governor, and when not approved by that official must 
 receive in each house votes varying from an ordinary 
 majority in five states to two-thirds of the members elected 
 in fourteen. 
 
 426. Financial Regulations. — (3) A third set of limita- 
 tions lies in the domain of finance. Several commonwealths 
 still retain the once universal and necessary provision that 
 all bills relating to revenue should originate in the lower 
 house, but nearly half now give the senates equal rights 
 with its fellow-chamber. The taxes levied by law must be 
 uniform, and no person is to be exempt from taxation unless 
 made so by the constitution. Appropriation bills, except 
 the general one, are to be confined to a single subject, and 
 in the general bills the governor may often veto particular 
 items. Frequently the legislature cannot incur any debt 
 nor permit a public corporation to incur any. Some states, 
 however, permit debts not exceeding a certain amount, if 
 provision is made for the payment of these within definite 
 periods. 
 
 427. Powers of the State Legislatures. — Although this 
 enumeration of some of the powers that the legislature 
 cannot use, or can use only in certain ways, may mislead 
 us into thinking that the legislatures do very little after all, 
 we shall be convinced that this is not the case if we do 
 
The States: Constitutions and Governments 355 
 
 ao more than examine the laws passed at a single brief ses- Cooiey, 
 5ion. The number of the laws and the variety of the topics Const iLtmt- 
 
 '' tattons, 
 
 treated are alike surprising, and for most of these the 103-106. 
 legislature does just as it pleases. As we have already seen, 
 almost the whole domain of private and of criminal law 
 is under its control, so that the individual is continually 
 affected by the action or inaction of the legislatures. 
 
 428. Special Powers of the Two Houses. — The special Similarity to 
 powers in the states correspond, to some extent, to those ^^°^^ ofCon- 
 of the two chambers of Congress, though less extensive. 
 
 The impeachment of public officials is made by the lower ' l^^ 
 house, and the trial occurs before the state senates, con- 
 viction following usually a two-thirds vote. The senates 
 also have more power in appointing and in confirming 
 appointments than the other branch of the legislature. 
 The lower house, however, still retains the right to intro- 
 duce bills to raise revenue in a majority of the common- 
 wealths. In one state (Vermont) only the upper house 
 can propose amendments to the state constitution, and in 
 another (Connecticut) the house of representatives has 
 that right. 
 
 429. Defects of the State Legislatures. — The law-making it is claimed 
 bodies of our commonwealths impress many critics as one *^^* 
 
 of the least successful parts of our political system. 
 
 (i) It is claimed, often without just cause, that they are legislators 
 composed of inefficient men, and, consequently, fail to ^^^ mcom- 
 command respect. Many reasons are given for this state 
 
 of affairs, no one of which satisfactorily explains it. The JJ^^''^'^^ 
 mode of electing residents by districts has been assigned as 
 the chief cause. The absolute control of states by political 379-386. 
 machines is often held responsible for it. Popular indiffer- ^^ Roose- 
 ence to state government, due to ignorance of the impor- veit, Amer. 
 tance of state duties, also plays some part. But hidden [^jf^'- "^ 
 though the sources of the evil may be, the results of popu- 
 lar distrust in the legislatures are made plain in the general 
 tendency to consider the law-making bodies a necessary 
 3vil. Many im.portant duties have been given to the con- 
 
 12 
 
356 
 
 The American Federal State 
 
 and corrupt. 
 
 Roosevelt, 
 ibid., 125- 
 142. 
 
 Senatorial 
 elections and 
 legislation. 
 
 Ill-advised 
 and ill-di- 
 gested laws. 
 
 Decentraliza- 
 tion of the 
 administra- 
 tion. 
 
 Bryce, 367- 
 370 (disad- 
 vantages). 
 
 stitutional conventions, the sessions have been made less 
 frequent and are required to be short, and a constantly in- 
 creasing field of legislation is being denied them. 
 
 (2) Charges of corruption are by no means unknown; the 
 influence of lobbyists, especially through the use of money 
 being considered more potent than public opinion in so 
 many cases. On account of the necessity of making laws 
 affecting corporations, the legislatures are exposed to great 
 temptations, which they may not be able to resist. 
 
 (3) Though they have such important duties to perform 
 for the state, the members are often chosen on account of 
 personal preferences for senatorial candidates. 
 
 (4) Changes in the laws are made more frequently than 
 the conditions demand, i.e. there is too much legislation. 
 The whole sphere of state activity is of such a character 
 that any change in the law interferes with many business or 
 other operations. But instead of being sure that every 
 change means improvement, the legislatures are constantly 
 amending the statutes when the alteration does more harm 
 than good. 
 
 Fortunately, all of these criticisms do not apply to any 
 one of our state legislatures. Of some legislatures no one 
 of them is true. Certain it is that they are due quite as 
 much to popular apathy as to any defect inherent in the 
 state government. 
 
 430. The Executive. — The execution of commonwealth 
 law is left to officials, central and local, very few of whom 
 are under the charge of a single individual or responsible 
 to one person. In other words, the administration of state 
 law is very much decentralized. The chief executive 
 official is the governor, who is aided by colleagues, either 
 elected by the people or by the legislature, and in either 
 case not responsible to the governor. There are often state 
 boards of education, health, police, railroads, equaliza- 
 tion, etc., sometimes under the control of the governor, 
 but more often responsible to the legislature. Most of the 
 actual execution and administration of law is done by the 
 
The States: Constitutions a7td Governme^its 357 
 
 county, town, and municipal officers, who are chosen in 
 these local districts and, as a rule, are not even subject to 
 supervision by the state executive. 
 
 431. The Powers of the Governor. — It will readily be Comparison 
 appreciated that the governor of the commonwealth is of governor 
 a very different person from the President of the United ^jg^^ 
 States. As shown in chapter XIV, the latter is very power- 
 ful and is the real executive head of the United States 
 government, because the officials who administer the na- 
 tional laws are directly responsible to him; whereas the 
 governor is only nominally the chief executive of his state, 
 since he is obliged to share his powers with so many state 
 and local officials, some of whom may, however, in the not 
 distant future be brought under the control of the governor 
 for the sake of executive efficiency. 
 
 Yet the governor is by no means an insignificant person- Supervisory, 
 
 age. He has general oversight, if not control, of the state appointive, 
 
 executive officials and boards. He has some power of legislative 
 
 appointment and some, though less, of removal. He has powers. 
 
 pretty full power to grant reprieves and pardons. He is Wilson, The 
 
 commander-in-chief of the state military forces — the ff^^'^' 
 
 . y? 1103-1194. 
 
 militia — except when they are called out by the Presi- 
 dent, and may put down riots, insurrections, and disorder 
 of all kinds. If the state is actually invaded, he may raise 
 an army. Like the President, he sends a message to the const' i Limi- 
 legislature at the beginning of each session. If the houses iatio»^, 
 fail to agree, he may adjourn them, in most states, and 
 call special sessions when necessary, either with or ^°°^^^. 
 without requests from legislators. By far the most im- ministrative 
 portant power is that of vetoing bills. Only one state, ^'^^^ ^• 
 North Carohna, now withholds this power from its gov- 
 ernor ; although Vermont, Connecticut, New Jersey, and 
 Indiana require no greater vote to pass a bill the second 
 than the first time. The governor usually has ten days, 
 excluding Sundays and holidays, in which to sign a meas- 
 ure, and in many states has the pocket veto. In nearly 
 one-half of the states he may veto particular items in appro- 
 
35^ 
 
 The American Federal State 
 
 Executive 
 councils. 
 
 The gov- 
 ernor's col- 
 leagues. 
 
 Wilson, The 
 
 State, 
 
 \\ I 195-1 208. 
 
 priation bills. His legislative powers a!re, therefore, of no 
 inconsiderable value. 
 
 In Maine, New Hampshire, and Massachusetts the governor 
 shares his powers with the executive council, though the two 
 together usually have some duties given in other states to 
 separate boards and heads of departments. 
 
 432. Central Executive Officials. — In all of the com- 
 monwealths there are secretaries of state who look after the 
 state seal, the records of the legislature and of other de- 
 partments, take charge of election returns, and, in general, 
 act as state clerks. All also have treasurers^ who have the 
 keeping of the funds raised by the legislature, paying them 
 out on demands made out by the auditor or controller, and 
 reporting to the legislature. They are of course under 
 heavy bond to faithfully perform these duties. The con- 
 trollers have a general supervision of the finances of the 
 state, and recommend to the legislatures the amount of 
 money needed for various objects, to which the legisla- 
 tures, on the whole, pay less attention than Congress to 
 similar estimates of the national Secretary of the Treasury 
 (§ 295). They may have some power to audit the accounts 
 of the local officials who use a portion of the state's money, 
 and can possibly have some influence over the tax system 
 in use. The attorney-generals are the legal advisors of the 
 legislature and other state officials, and in that capacity may 
 be aided by the state supreme court. Whenever the state 
 has business in the courts, the attorney-general or his as- 
 sistants represent it, or act as public prosecutors. Other 
 officials, at times elected, but usually appointed, are the 
 superintendent of schools, the state engineer and surveyor, 
 and the superintendent of public works. The first of these 
 is the head of the public schools of the state and has gen- 
 eral supervision, usually under a state board of education. 
 Where, as in a few states, he has power to hear com- 
 plaints and remove unsatisfactory local superintendents, 
 he wields an immense influence. The importance of 
 the other positions depends largely upon the extent to 
 
The States: Constitutions and Governments 359 
 
 which canals, irrigating systems, and public buildings are 
 necessary. 
 
 In charge of various departments are superintendents, 
 boards, or both, chosen by legislatures or by the governors 
 with or without the consent of the senate. Most of these 
 have done little because not clothed with sufficient power, 
 but there is every indication that in a few decades they 
 will be able to supervise or control or actually administer 
 many matters now entirely attended to by local officials. 
 Among these are the departments of agriculture, chiefly 
 taken up with stock inspection j of health; of education 
 (§§ 445-450); of labor, concerned with gathering statistics 
 and recommending reforms; and of railroads (§§ 612, 614). 
 The state boards of charities and correction have duties 
 of the first importance (§§ 458-462, 483-486), though many 
 things that would naturally fall to them are still assigned to 
 separate boards. 
 
 433. Terms and Qualifications of Executive Officials. — 
 The governors, secretaries of state, controllers, and other 
 elected officials are chosen by the electors of the whole 
 state for terms usually of two or four years, occasionally 
 for one or three years. Almost all the states prescribe cer- 
 tain minimum qualifications, the most severe of which 
 apply to the governor and the lieutenant-governor. They 
 cover citizenship, age, and residence in the state, always 
 for these two and ordinarily for the treasurer, attorney- 
 general, and the others. In a few of the commonwealths 
 these and all other state or local officials are debarred from 
 holding office if they ever fought a duel; and once in a 
 while we run across a provision like that of North Carolina, 
 where persons denying "the being of Almighty God" are 
 also disqualified. All of these central executive officials 
 are removable either by a two-thirds vote of the legislature 
 or by impeachment by the lower house and trial in the 
 senate. 
 
 434. The State Judiciary. — Very few of the cases that 
 come up for trial or adjudication within the United States 
 
 State admin- 
 istrative 
 boards. 
 
 Elections 
 and require- 
 ments. 
 
 Stimson, 
 Amer. Stat- 
 ute Law, I, 
 §§ 202, 203, 
 207, 208. 
 
 Jurisdiction 
 of state 
 courts. 
 
36o 
 
 The American Federal State 
 
 Cooley, 
 Const' I Limi- 
 tations, 206, 
 209, and 
 chap. IV. 
 
 System com- 
 monly used. 
 
 Wilson, TAe 
 
 State, 
 
 §§ 1147-1167. 
 
 Stimson, 
 Amer. Stat- 
 ute Law, I, 
 p. 114 
 (table). 
 
 Special 
 courts. 
 
 are decided by national courts. The vast majority are not 
 only begun in state courts, but are decided by them with- 
 out appeal to the United States tribunal. Unless a case 
 involves national law, or for other reasons comes within the 
 jurisdiction of the national courts, the final decision 
 always rests with the proper court in the state, and is 
 never carried beyond the highest state court. The impor- 
 tance of the work performed by the commonwealth judi- 
 ciary is therefore evident, and the need of capable and 
 enlightened judges fully informed concerning the inter- 
 pretation of law in all the states is readily seen. 
 
 435. State Courts. — It is impossible to describe a sys- 
 tem of courts which would apply to all of the states, but the 
 systems tend to approach a certain type. There is always 
 a highest state court, usually called supreme, the judges of 
 which represent the whole state, i.e. there is but one court. 
 It always has appellate jurisdiction from the court next 
 lower, and sometimes has original jurisdiction in a very 
 few cases. Its decision is final on all points connected 
 with state law. Below this court are those usually called 
 circuit, district, or superior, which are equal in number 
 to districts into which the state is divided. These districts 
 may be as small as the counties, or each may comprise 
 many counties. The courts have both original and appel- 
 late jurisdiction. If the district is large, there are county 
 courts in addition. The lowest courts for the rural sec- 
 tions are those usually held by the justices of the peace, 
 and for the cities are the municipal courts. They have of 
 course only original jurisdiction covering, however, minor 
 civil and criminal cases. 
 
 Besides these courts there may be special ones for the 
 consideration of equity cases, although in most states cases 
 in equity are decided by some of the regular courts, and in 
 several states any court may have jurisdiction over equity 
 the same as law cases. Some states have additional courts 
 which look after wills and similar matters, and are called 
 probate courts. 
 
The States: Constitutions and Governments 361 
 
 436. Judges. — Appointment of judges, once universal, Selection 
 has been replaced in all except a few of the Eastern and ^^^ ^^^™- 
 Southern states by election. In Delaware all judges are Baldwin, 
 appointed by the governor, and in three New England states yj^}^,-^^^ 
 by the governor and council. Some of the highest judges 311-343- 
 are appointed by the legislature. The terms of judges vary 
 
 from two to twenty-one years, usually being longer for the 
 higher judges and in the older states. There are often 
 requirements in the form of minimum age limits and legal 
 fitness. 
 
 437. The Administration of Justice. — Our judiciary en- Importance 
 joys a unique and important position, not only as the ofo^^i. coiLts. 
 
 guardian of individual rights and the interpreter of the state 
 
 .. , ii.ir.i- ^u Baldwin, 
 
 constitutions, but as that branch of the government whose ^^ 
 
 action is final. From the decisions of the courts there is Judiciary, 
 
 appeal only to the people, who may change the constitution 72-121. 
 or may elect judges with different views. In most cases, 
 however, the decisions of the highest state courts must really 
 be final. 
 
 The dangers inherent in the exercise of such great Defects, criti- 
 
 authority, the fear that routine methods or technical deci- ^^^^^^^j^^"^ 
 
 sions may delay or defeat true justice, the possibiHty that ^^^_ ^^ ^^ 
 
 unwise jury verdicts (§ 573) may be upheld, and the proba- inN.A.R., 
 
 bility that advantage may be given to parties with abundant f^J^^^^' 
 
 means or extensive influence have awakened great popular Roosevelt, T., 
 
 interest in our judiciary. Some critics cite the apparently in Outlook, 
 
 unnecessary delay in the trial and appeal of cases. Others '\^gl^^^^ ' 
 
 call attention to the frequent failures to punish those who scovilie, S.. 
 
 are guilty of murder or other crimes against society. Still Jr., in 
 
 . • , 1 , -1- J 4.U Outlook, 92 
 
 others maintain that the courts have at times been made the (^1^09), 
 instruments of class tyranny. Unfortunate as criticism may 359-366. 
 be of a branch of the government which should be above white, w. A., 
 
 . . r ' -LT ji i. m American, 
 
 criticism, there can be no gam m refusing blindly to see ^^ (1910), 
 
 faults that do exist. The remedy must come rather from 499-505- 
 
 just and wise discussion of defects and proposed changes. It ^'"^^^^^;f " 
 
 must include higher ideals and standards for our courts, as ^4 (1910), ' 
 
 well as greater popular respect for law and more complete 677-686. 
 
362 The American Federal State 
 
 Untermyer, subordination of personal or class interests to the common 
 good. It must 
 the sake of the 1 
 good of society. 
 
 S., xv^A.A. good. It must bring administration of real justice, not for 
 145-160. ' ^^ sake of the litigants nor of the courts, but for the best 
 
 QUESTIONS AND REFERENCES 
 
 The Constitutions (§§ 410-416) 
 
 a. For the work of some of the latest constitutional conventions see 
 Thorpe, •' Recent Constitution -making in the United States," in A. A. A., 
 II (1 891), 145 <f/ se^. (North Dakota, South Dakota, Montana, and 
 Washington) ; J?, of R., on " A New Constitution for New York," IX 
 (1894), 290-295. 
 
 1. Does popular cooperation in the making of constitutions or their 
 amendments result in better constitutions ? What are the advantages 
 and disadvantages of popular ratification ? 
 
 2. Will the constitutions, in all probability, become briefer or fuller ? 
 If the present fulness is a defect, how can it be avoided ? Would you 
 advocate making amendment more difBcult, for example, half as much 
 so as that of the United States Constitution ? (Cf. Oberholtzer, Ref- 
 erendum, 94-96.) 
 
 3. Indicate what subjects, if any, you would drop from the present 
 Constitution, or in what way the articles referring to these subjects 
 should be altered. 
 
 (For answers to i-ii consult Appendix E.) 
 
 i. What sections or states adopted popular ratification the earliest ? 
 What section clung to the old method the longest ? Which state has 
 adopted the most constitutions ? Which ones never had but one 
 each ? 
 
 ii. Where does the method of requiring sanction of two successive 
 legislatures to amendments principally prevail ? Is that method older 
 or more modern than the two-thirds vote ? Prove from Appendix E, 
 Table II. How many state constitutions require that a new constitu- 
 tion shall be submitted to popular vote ? Are these states principally 
 in the East, South, or West ? 
 
 iii. What states have apparently the shortest constitutions ? What 
 ones the longest ones ? Does the statement hold good that " the 
 earlier constitutions were brief — those adopted later not only cover 
 more subjects, but treat each one at greater length" ? 
 
The States: Constittitions and Governme?its 363 
 
 (For answers to iv-vi use your state constitution and state history.) 
 
 iv. How many constitutions has your state adopted, and in what 
 years ? Which ones, if any, were declared in force without popular 
 ratification ? What was the popular vote on each ? Have any pro- 
 posed constitutions ever been rejected ? 
 
 V. How is your constitution amended ? Are there any limitations 
 upon the number of amendments proposed at one time or the fre- 
 quency of amendment ? How many amendments have been adopted 
 for the present constitution ? To what do they refer ? Learn, if 
 possible, how many have been proposed during the last ten years, 
 and how many of them failed to be ratified. If you can, get the 
 vote on those last submitted, and find out why they were accepted or 
 rejected. 
 
 \\. Make a list of the important statutes in your constitution. Read 
 over each one carefully. Do you beheve it would be better to remove 
 any or all ? 
 
 The Legislatures (§§ 417-429) 
 
 a. Different views of the state legislatures are presented by Story, 
 "The American Legislature," in Amer. Law R., XXVUI, 683-708; 
 Bridgman, " Legislatures : a Defence and a Criticism," Amer, Jol. 
 Pol., V, 59S et seq.; Roosevelt, " Phases of State Legislation," "The 
 Albany Legislature," in Century (Jan. 18S5); F. C. Lowell, "Legisla- 
 tive Shortcomings," At. Mo., LXXIX (1897), 3^6-377 ; Bradford, 
 "Reform of State Government," in A. A. A., IV (1894), 838 et 
 seq. 
 
 1. WTiat is the diflference in power, influence, and public confidence 
 between the legislature of one hundred years ago and that of to-day ? 
 Account, as satisfactorily as possible, for the change. 
 
 2. \Vhy are better men selected for constitutional conventions than 
 for legislatures ? Is there any way of procuring just as good men for 
 the legislatures ? If not, why not ? If so, how ? 
 
 3. \Vhat is the most satisfactory way of electing state senators ? 
 Do you advocate residence as an absolutely necessary qualification of 
 legislators ? Do you believe better results would be obtained to choose 
 members of the lower house from large districts on a general ticket, 
 with proportional representation ? 
 
 4. Criticise carefully the defects mentioned in § 429. Which one 
 has had most to do with the deterioration of the legislatures ? Does 
 any other besides those mentioned appeal to you as worthy of con- 
 sideration ? 
 
364 The American Federal State 
 
 (On i-ii consult Appendix G, Table II.) 
 
 i. Where are the states that hold annual sessions ? Have any of 
 these limitations upon the length of the sessions ? Do they pay an- 
 nual or per diem salaries ? Are their legislatures large or small ? 
 What is the most recent constitution that provides for yearly sessions ? 
 
 ii. What is the favorite ratio of membership in the two houses ? 
 Do the states with large houses have short terms or vice versa ? How 
 many states do not limit the length of the legislative session ? How 
 many of these are west of the Mississippi River ? 
 
 (On iii-vi consult your state constitution, political code, state official 
 register, etc.) 
 
 iii. For each house of your legislature give membership, term, 
 qualifications, and salary of members, how often and in what ways 
 districts are reapportioned. 
 
 iv. When are the elections held ? When does the legislature 
 meet ? Are there any limitations upon length of sessions or time 
 after which no bills may be introduced ? If so, what ? How many 
 constitute a quorum ? What vote is necessary to pass a bill the first 
 time ? over the governor's veto ? 
 
 v. What are the general powers of each house ? How do they 
 compare with those of the United States Senate and House of Rep- 
 resentatives ? Which of the legislative regulations mentioned in 
 § 421 apply to your state ? What legislative power is the legislature 
 expressly forbidden to exercise by the constitution ? Give the most 
 important limitations upon special legislation ; upon legislative pro- 
 cedure ; upon the use of money. 
 
 vi. In what senatorial and assembly districts do you live ? How 
 do they compare with other districts in your vicinity in population ? 
 in area ? Who are your present representatives in the legislature ? 
 How long have they served in that capacity ? What is the political 
 complexion of the legislature ? 
 
 vii. Learn, if possible, what important laws were made at the last 
 session of the legislature concerning cities, especially the one nearest 
 to you; affecting local rural government; changing the punishment 
 for any crime; other subjects. 
 
 The Executive (§§ 430-433) 
 
 I. Give the chief advantages and disadvantages of executive de- 
 centralization in the states. What officials besides the governor or 
 boards have the most power ? 
 
The States: Constitutions and Governments 365 
 
 2. Account for the greater number of qualifications for governors 
 now than in 17S0. 
 
 3. What is a majority? a plurality? Is it better to require a majority 
 vote for election of governor ? Give reasons in full for your answer. 
 
 i. How many states elect the governors for one year ? for two ? 
 for three ? for four ? In how many is the governor not eligible for 
 the next term? What state has the lowest qualifications? the highest? 
 Are they uniform or not on the whole ? (Appendix G, Table III.) 
 
 ii. Is there a lieutenant-governor in your state ? What are his 
 qualifications ? What other elected officials have you ? What officials 
 mentioned in § 432 are chosen by your legislature ? appointed by the 
 governor ? Name the boards elected by the people ; the chief ones 
 chosen by the legislature or governor. Are their terms long or short 
 as a rule ? (Constitution and Register.) 
 
 iii. Does your governor have power to call or adjourn the legis- 
 lature ? \Miat other legislative powers has he ? Who exercises the 
 right to pardon in your state ? (Constitution.) 
 
 iv. WTien was the last gubernatorial election ? \Mio wxre the 
 principal candidates ? Who was elected ? By what plurality ? What 
 acts of special merit or demerit has he performed since taking office ? 
 Who is your secretary of state ? your controller ? your attorney- 
 general ? 
 
 The Judiciary (§§ 434-437) 
 
 I. Enumerate the chief merits and defects of popular election for 
 Tidges ; of long terms ; of short terms. 
 
 i. Which section of the United States is most favorable to popular 
 
 election of judges ? to election by the legislature? to appointment by 
 the executive? Where are the terms longest? shortest? How many 
 of the courts have over five members each ? (Appendix G, Table III.) 
 
 ii. How many grades of courts in your state? How many judges 
 in the highest court ? How are they selected, and for what term ? 
 WTiat salary do they get? Can they hold court separately? Over what 
 classes of cases have they jurisdiction ? (Constitution or Civil Code.) 
 
 iii. Are there courts between the highest and the county courts ? 
 What are they called ? How many are there ? How many judges in 
 each ? Answer questions in ii for these and all lower courts. 
 
 iv. ^^^lere does the highest court hold its sessions ? At what time 
 or times ? Name at least one judge. Name all the courts held at any 
 time in your city or in the largest city near you. Do all of the judges 
 belong to the same party ? Has any attempt been made to make the 
 bench nonpartisan ? 
 
CHAPTER XIX 
 
 SOME PHASES OF STATE ACTIVITY 
 
 General References 
 
 Disadvan- 
 tages of 
 diversity. 
 
 Ashley, American Government, revised edition, 103-142. A summary 
 with numerous specific references. 
 
 Whitten, Trend of Legislation in the United States. The best sum- 
 mary of the vi^ork actually done during the last quarter century. 
 
 Hart, Actual Government, 535-571. A good general account. 
 
 Wright, Practical Sociology, 177-207, 371-403. Treats education, 
 crime, and temperance. 
 
 Boone, Education in the United States, esp. 79-116. 
 
 "Wines and Koren, The Liquor Proble7n. Considers the different sys- 
 tems of liquor control. Based upon careful observation. 
 
 Sites, The Centralization of Liquor Administration in the United 
 States. 
 
 Wines, Punishment and Reformation. Largely historical. 
 
 Henderson, Dependent, Defective, and Delinquent Classes. An excel- 
 lent discussion of social duties. 
 
 Boies, Science of Penology. Good accounts of methods used in pun- 
 ishing criminals. 
 
 Prison Reform League. Crime and Criminals. Prison abuses. 
 
 Annals of the American Academy, Nov. 1908 (Liquor traffic); July 
 1910 (Administration of Justice). 
 
 Bliss (ed.). New Encyclopedia of Social Reform. Excellent articles. 
 Consult especially those on " Convict labor," " Crime," " Divorce," 
 " Education," " Elmira reformatory," " Housing," " Juvenile 
 courts," " Liquor traffic," " Local option," " Lynching," "Mar- 
 riage," " Prohibition," " Penology," " Temperance," etc. 
 
 Periodical indexes under titles given above or mentioned below. 
 
 438. Uniformity and Diversity of State Laws. — In legis- 
 lation and in administrative activity the states differ more 
 widely than in their governments, although the differences 
 are principally in detail, not in principles. As interstate trade 
 
 366 
 
Some Phases of State Activity 367 
 
 or interstate travel is no longer a thing of rare occasion, Cooiey, 
 
 state boundaries ought not to be division lines between radi- ^°^^*'^ ^^"^^ 
 
 184-190. 
 cally different systems of law. All of the changes of recent 
 
 years show that need of uniformity in all of the great princi- 
 ples of state law is becoming constantly greater. 
 
 In some cases where the national Constitution has left a Conferences 
 
 subject to state direction and concerted action was neces- ^"^ °*^^^ 
 
 means for 
 
 sary, conferences have been called by the governors in securing uni- 
 
 order to agree upon desirable legislation or improved uni- ^o^™ action, 
 form methods of administration. The AnnapoHs conference Outlook, 89 
 (1786) which led to the constitutional convention in Phila- (^9o8), 
 delphia was of this character. Anti-trust conferences, irri- 
 gation conferences, and the annual conferences of the state ^^(^^0-!*' 
 governors, first called to discuss conservation of natural re- 444-447. 
 sources (§ 634), and since continued as the " House of Burdick F. 
 Governors," have caused concerted action on important M., in Amer- 
 subjects. Legislative reference bureaus, which study the ^^^^ rToio) 
 laws of other states, make uniform legislation easier. Most 130-137. 
 important of all is the work of the commissioners of uni- 
 form laws who meet once a year, recommending to their 
 states the adoption of legal forms and methods that 
 should be as nearly uniform as possible in all of the 
 states. 
 
 439. Marriage and Divorce. — Divorce laws are very dis- Divorce 
 
 similar in some of the states. South CaroHna does not per- '^^^• 
 
 mit her courts to grant divorces for any reason whatever, New Encyc. 
 
 and the laws in a few of the other states are very strict. In ^f^^^^'^^ 
 
 •' Reform, 
 
 most sections, on the contrary, divorces are granted upon 397-401. 
 
 shght pretexts. For many years the more conservative states stevens E R 
 
 were unable properly to enforce their divorce laws, because in Outlook, 
 
 their citizens, by temporary residence where the laws were (^907). 
 
 237-243, 
 
 lax, could easily obtain divorces. Bona fide residence is 287-293. 
 now required, and the other party to that action must be 
 notified. 
 
 The diversity and the lenity of the marriage laws consti- Marriage 
 
 tute a serious defect in our state system. Most states now ^^^^' 
 require licenses, some of which are granted only to approved 
 
368 
 
 The American Federal State 
 
 Need of 
 uniform 
 control of 
 " interstate " 
 corporations. 
 
 Smith, in 
 Amer. Jol. 
 Soc. XIX, 
 132 et seq. 
 
 A. A. A., 32 
 (1908), 3-33, 
 235-258. 
 
 Lack of uni- 
 form laws 
 and admin- 
 istration 
 favors crime. 
 
 applicants after an interval permitting examination of the 
 legal fitness of the applicants. The greatest danger comes 
 from the evasion of the law in one state by moving to a 
 neighboring state where the restrictions are few. All but 
 three of the states recognize the legality of such marriages. 
 
 440. Control of Corporations. — A very important disad- 
 vantage of an entirely different kind, which is due to the 
 lack of uniform legislation, affects corporations. No corpora- 
 tion can do business without gaining permission from the 
 authorities of some state and complying with the state corpo- 
 ration law. Having done this, it proceeds to do business in 
 that state and in others. This does not mean that the corpo- 
 ration is necessarily free from control in the other states, but 
 that, as a matter of fact, the one state where it was organized 
 has checks upon it and its management which the others can- 
 not easily obtain. It will readily be seen that corporations 
 will gravitate toward the states that have lenient corporation 
 laws and low corporation taxes, for some states are glad to 
 attract them on almost any terms. Consequently, there is 
 likely to be a loosening of government control all along the 
 line, as no state wishes to lose business. If that happens 
 very frequently, it is ruinous alike to a proper system of 
 state finance and a suitable regulation of corporations. 
 
 441. Criminal Legislation. — Considerable variety in the 
 laws regarding crime is noticeable from state to state. This 
 is true not alone because the definitions of crimes are unlike, 
 but on account of the differences in the punishment meted 
 out. For example, four states have aboHshed the death 
 penalty for murder. In one state an offence may be merely 
 a misdemeanor punishable by imprisonment for a short time ; 
 in an adjoining one it may be considered a felony, convic- 
 tion for which means from ten to twenty years of hard labor. 
 These inequalities are unjust and produce more law-breaking 
 than would naturally result under uniform laws. 
 
 442. Lack of Uniformity an Apparent rather than a Real 
 EviL — The more we study the real differences that exist 
 between the laws in force in various states, the more we are 
 
Some Phases of State Activity 369 
 
 impressed with the belief that the difference is not so much Differences 
 
 in the statutes themselves as in the interpretation. Take !" admin- 
 istration 
 the subject of divorce, in relation to which the need of a would exist 
 
 single law is most generally recognized. The state laws i" diff"erent 
 1 Til ^ ^ r- •■Li J states Under 
 
 are much more alike than would at first seem possible, and the same law. 
 
 those who have given most attention to the question assert 
 that the ease with which the marriage bond is severed in 
 some of the newer states is due far more to the independent 
 position of woman and the lack of disapproval among the 
 majority of the citizens than to the leniency of the law. 
 Since the public sentiment of any community determines, 
 to a very large degree, the way in which state law is inter- 
 preted and applied (except where official action is princi- 
 pally influenced by selfishness or corruption) the evils which 
 have arisen from an increase in the number of divorces 
 ought not to be charged to the variations in state legisla- 
 tion, but to the differing standards of public morality in 
 various sections. So far as the lax methods of some states 
 have permitted husband or wife to evade the law of their 
 own home, or have made the courts in the older states less 
 strict in reference to divorce cases, diverse laws have done 
 great harm; but if a national divorce law would inevitably 
 be followed by the same interpretation in Massachusetts 
 and in California, it might not have so favorable an effect as 
 desired. In other words, our divorce laws do not seem to 
 differ so much as the views held regarding divorce in dif- 
 ferent parts of the nation; and if the laxity of judicial in- 
 terpretation in the West merely reflects, on the whole, the 
 popular feeling, a stricter interpretation of the law would 
 not remedy the evil. 
 
 443. Means of producing Greater Uniformity. — Were interstate 
 there no possible way to reconcile any differences between ^Q^^^- 
 state laws, those that exist would occasion much greater Cooiey, 
 difficulty than they do; but the United States Constitution ^^^^^ °'^' 
 prescribes that, "Full faith and credit shall be given in 
 each state to the public acts, records, and judicial proceed- 
 ings of every other state." Most of the states go much 
 2 B - 
 
ties. 
 
 370 The American Federal State 
 
 further than this, and provide that not only public acts, 
 but individual ones under the law of another state shall be 
 accepted and judged by the law of that commonwealth. 
 E.g. if a man makes a contract in one state and moves to 
 another, even though the laws of the second might release 
 him from performing that after a certain time, he is bound 
 still by the law under which it was made, so that differences 
 in state law never release him from his obligations. Again, 
 if a person dying in Colorado held property also in New 
 York, his will if approved by the Colorado court will also 
 be accepted by that of New York, even though the evidence 
 would have been insufficient to prove it in the Eastern 
 state. On the whole, the acceptance by New York, though 
 perhaps open to objection in some respects, was far less 
 objectionable than the rejection of the will. 
 Vast extent 444- Uniformity in State Law. — Yet we must not under- 
 of uniformi- estimate the degree of uniformity that covers almost every 
 subject. The clearest idea of the extent to which state 
 laws are alike can be given by quoting from Professor 
 Woodrow Wilson, The State (§ 11 14) : — 
 
 "Unquestionably there is vastly more uniformity than 
 diversity. All the states have built up their law upon the 
 ancient and common foundation of the Common Law of 
 England, the new states borrowing their legislation in 
 great part from the old. Nothing could afford clearer evi- 
 dence of this than the freedom with which, in the courts of 
 nearly every state in the Union, the decisions of the courts 
 of the other states, and even the decisions of the English 
 courts, are cited as suggestive or illustrative, sometimes also 
 as authoritative, precedent. Everywhere, for instance, the 
 laws of property rest upon the same bases of legal principle, 
 and everywhere those laws have been similarly freed from 
 the burdens and inequalities of the older system from which 
 they have been derived. Everywhere there is the same 
 facility of transfer, the same virtual abolition of all the 
 feudal characteristics of tenure, the same separation between 
 the property interests of man and wife, the same general 
 
Some Phases of State Activity 371 
 
 rules as to liens and other claims on property, the same 
 principles of tenancy, of disposition by will, of intestate 
 inheritance, and of dower. Everywhere, too, contracts, 
 common carriage, sales, negotiable paper, partnership, rest 
 upon similar principles of practically universal recognition. 
 We feel the conflicts, because we suffer under their vexa- 
 tions; while we fail to realize and appreciate the uniformi- 
 ties because they are normal and have come to seem matters 
 of course. It must be acknowledged, moreover, that even 
 within the area of irritation there are strong corrective 
 forces at work, a growing moral sentiment, and a fashion 
 of imitation, promising the initiation and propagation of 
 reform. As the country grows socially and politically, its 
 tendency is to compact, to get a common thought, and 
 establish common practices. As it compacts, likenesses 
 will be emphasized, diversities pared and worn away." 
 
 445. Evolution of the Public School System. — The sub- Private 
 ject of education has only within the nineteenth century p^^°°J^by^ 
 become of especial interest to our governments, as it was public ones, 
 formerly left almost everywhere to private parties. The 
 transition from private to public control was gradual, occur- 
 ring first in the Northeast in connection with primary and 
 grammar schools, but completed earliest in the Western 
 states, in which private schools were never numerous. 
 Later, and in fact quite recently, secondary education has 
 been undertaken at public expense, the private academies 
 of the past having been largely supplanted by free high 
 schools. During the transition period for both grammar 
 and high schools some characteristics of the private system 
 were retained, the whole expense of the schools not being 
 borne by the public, but each pupil paying nominal "rates " 
 to cover the balance. 
 
 In developing free schools in the West the impetus given 
 by the public land grants of the United States government 
 (§§ 187, 449) was of the first importance. These grants 
 were for the benefit of the common schools and of state 
 universities, which have been established in all of the 
 
372 
 
 The American Federal State 
 
 Education 
 an affair of 
 the state. 
 
 Principles of 
 state school 
 law. 
 
 Methods of 
 state super- 
 vision. 
 
 Boone, 
 Education in 
 U.S., loi- 
 109. 
 
 States formed from the public domain (/.<?. the land once 
 directly controlled by Congress) and in a few others. 
 
 446. State Systems of Education. — Except in a few 
 states, the earliest public schools were organized by sepa- 
 rate localities desiring them, and not by the states as a 
 whole; but as the need of more satisfactory instruction and 
 greater uniformity became apparent the legislatures began 
 to organize regular state school systems. Very few of 
 these provided at the first for any state school officers, or 
 for any real uniformity in school law or administration. 
 But gradually the systems have been elaborated till their 
 details are all regulated by the state, though everywhere 
 administered by local boards and commissioners. The 
 schools are therefore, like so many other things, a phase of 
 state activity largely under the direction of the localities. 
 
 Among other things the state law determines whether the 
 district, the township, or the county shall be the unit for 
 school administration, and what officers it shall select, with 
 the powers of each. It also prescribes a minimum list of 
 subjects which every school must teach, the minimum 
 school year, and the requirements of teachers of the differ- 
 ent grades; but usually suitable means to enforce these 
 regulations are lacking, except where the state contributes 
 a large amount to the localities — which may be withheld 
 for cause — or where the state board or superintendent 
 is vested with considerable power. Since it is for the 
 advantage of every district to have the best schools pos- 
 sible, control by state authorities is less necessary than it 
 would be under different conditions. 
 
 447. The State School Board and Superintendent. — All 
 but one of the states provide for some state school official, 
 while most of them have state boards of education. The 
 boards are almost always chosen by the governor or the leg- 
 islature, but the superintendents are more frequently elected 
 by the people. The duties performed by the boards may 
 include the general oversight of the state system, the care 
 of the state funds, and the examination of teachers, unless 
 
Some Phases of State Activity 373 
 
 that is assigned to county boards under their charge, and Draper, in 
 possibly the selection of the text-books, which in nine ^^^^l^] -^ 
 states are free. The board is expected to do what it can u.s., 17-22. 
 to improve the schools by suggesting new methods and by 
 other means. The actual performance of those duties, 
 besides others, is usually left to the superintendent or state 
 commissioner, who is ordinarily a member of the board. 
 He has, as a rule, very little power, being merely a super- 
 visory official, but he may possess considerable influence. 
 In addition to the subjects just mentioned, he has general 
 charge of the holding of teachers' institutes and the issuance 
 of certificates. In New York, and one or two other states, 
 he is a real executive, with the right to hear and decide com- 
 plaints and to remove teachers or commissioners for cause. 
 
 448. Local School Administration. — The counties almost County 
 always have boards of education, to whom the examining l^^^^l^ ^ 
 of teachers is intrusted under state laws, and commis- taxes. 
 sioners or superintendents, whose chief duty is to visit the Boone, iiid., 
 schools and to distribute the state and county funds to the 113-116. 
 different schools. In parts of the South there are no school 
 taxes raised by any political division smaller than the 
 county, and many of the duties elsewhere assigned to 
 trustees are there performed by the county board. 
 
 In the rural sections, the real administration of school law District and 
 rests with the officials chosen either by districts or by ^y^t^J^s^ 
 townships. In either case there are usually three, but often 
 
 , , . Draper, m 
 
 six or nine, trustees elected by the voters of the locality, Butler's 
 who hold office for three years, and have power to select Schools in 
 teachers, provide for studies in addition to those required " " ^ 
 by the state, raise taxes, usually, and, with the consent of 
 the voters, borrow money for new buildings. The district 
 system is more common than that of the township, but if 
 the districts are small, it is impossible to secure careful 
 supervision by local superintendents, which is one of the 
 greatest aids to successful work. 
 
 In the cities the full control of the schools belongs to a City super- 
 board of education, occasionally of five members, but often 
 
374 
 
 The Ainerican Federal State 
 
 Boone, ibid.^ 
 109-113, 
 
 Draper, ibid., 
 12-17. 
 
 Sources of 
 revenue, 
 
 Boone, ibid., 
 88-93. 
 
 Pedagogical 
 schools. 
 
 Boone, ibid., 
 125-148. 
 
 Appointment 
 of teachers. 
 
 much larger. There is always a city superintendent, and 
 usually directors for special branches. 
 
 449. School Finances. — The public schools of the United States 
 cost in the neighborhood of j$ 3CX),cx)0,C)00 a year, of which about, 
 seventy per cent is raised by local taxes upon property, twenty per 
 cent by state taxes, and the rest in other ways. Among the latter is 
 the interest arising from the state school fund, which in the newer 
 states is made up of the proceeds from the sale of public lands donated 
 by the national government, consisting of one section of each township 
 in the states formed between 1802 and 1848 and of two townships to 
 those admitted later. Some of the older commonwealths have similar 
 funds made up in part of "land script" given them by Congress and 
 of funds set aside by the legislature for the purpose. In no case, how- 
 ever, does the interest from the fund cover more than a small propor- 
 tion of the expense. 
 
 In some of the Middle, Western, and Southern states the amount 
 contributed by the states nearly equals or at times exceeds that collected 
 in the localities. A few of these states have taken advantage of this 
 distribution of money to improve the condition of the schools, particu- 
 larly by withholding a county's appropriation in default of required 
 improvements ; but, the chief benefit of collecting money through the 
 state is the help given to the poorer districts which are thus assisted in 
 their support of the schools. 
 
 450. The Preparation and Selection of Teachers. — The 
 chief essential of a perfect school is not complete laws, 
 careful administration, or vast expenditures, valuable as 
 all of them may be, but a corps of fine teachers. Fifty 
 years ago it was next to impossible to get teachers who were 
 thoroughly informed or well trained, but most of the diffi- 
 culties of that day have been overcome. Beginning with 
 Massachusetts in 1S39, the states have constructed state 
 normal schools, and most of the state universities have 
 established pedagogical departments. Teachers not pre- 
 pared in either of these obtain certificates by examination. 
 
 But the excellence of the teaching corps depends upon 
 several things other than the preparation. Of these the 
 method of selecting teachers demands brief consideration. 
 Almost without exception the choice of teachers is left to 
 boards of trustees or of education, often composed of strong 
 
Some Phases of State Activity 375 
 
 partisans. As teachers are rarely appointed for a longer 
 term than one year, there is ample opportunity for changes; 
 and the new appointee, more often than should be the case, 
 gets the position for personal or political reasons. Such 
 changes can only be condemned, and the remedy lies in 
 taking the schools out of politics and permitting the boards 
 to dismiss only for a cause that satisfies the community. 
 
 451. The Liquor Problem. — The manufacture and sale of Public inter- 
 alcoholic liquors demands the constant control and super- ^^^^ involved, 
 vision of state and local authorities. Intoxicants are gen- 
 erally believed to be responsible for the large part of the 
 poverty, vice, and crime in existence, so that control is 
 primarily for public protection, rather than to develop 
 
 public morality. But another aspect of the liquor inter- 
 ests assures civic importance, and that is the part played 
 by manufacturers and dealers in political affairs. No other 
 business possesses as complete and as powerful an organi- 
 zation, or has as much to do with the election of officials, 
 state and local. Particularly in large cities party nomina- 
 tions, appointments, especially on the police force, and 
 certain classes of ordinances are dictated by those most 
 interested in the liquor traffic. Occasionally we find that 
 most of the primaries are held in the saloons, and at times 
 even the election booths are located in them. The domi- 
 nation of this organization, like that of great railways 
 or trusts which control certain states, is always to be 
 deprecated and, so far as possible, avoided. 
 
 The question of temperance as such is a moral and not a political 
 one, and only indirectly connected with state legislation and local 
 administration. For that reason the following discussion deals exclu- 
 sively with the liquor problem from the standpoint of government. As 
 the courts have almost everywhere upheld the constitutionality of the 
 most severe anti-liquor laws, the relation of regulation to personal free- 
 dom is not touched upon. 
 
 452. Systems of State Control. — The regulation of the Eliot ^^ a/., in 
 liquor business usually devolves upon the cities and coun- f *^"'"* ^^°^' 
 
 ^ ■' ^ , lem, 1-21. 
 
 ties; but the laws thus carried out are invariably made by 
 
3/6 The American Federal State 
 
 Eliot, in At. the State, and may be either in the form of statutes or em- 
 
 Mo., Lxxix ]3Q(jje(j jjj the constitution. There are five main systems in 
 
 (1897), 182- ■' 
 
 187. use, three of which are now in force in all but two states. One 
 
 of the others is the Ohio system of taxing saloons, just as 
 some other kinds of business are taxed. The second excep- 
 tion is the county dispensary system which has replaced in 
 South Carolina the state dispensary. The counties are now 
 allowed to have dispensaries or local prohibition. The three 
 which are much more common are the license system, state 
 prohibition, and local option, which is a form of the license 
 system with local prohibition. 
 
 The difference between a tax and a license is that the latter is issued 
 before a saloon may be opened, and is granted only under specific 
 conditions, e.g. payment of a sum of money to the government, peti- 
 tion from property holders in the vicinity, filing of a bond to observe 
 all saloon regulations, etc. A tax can be levied only upon places ac- 
 tually doing business, but the saloons are of course subject to all laws 
 made for police control. 
 
 Extent of and 453. The License System. — Most of the states permit 
 
 tendencies m jjcgj^ggg ^q ^g granted to Hquor saloons upon certain condi- 
 
 the license ° ^ ^ ^ 
 
 system. tions. Until recently the payment of the license " fee " 
 
 El" * At ^^^ ^^ principal one, the " fee " being moderate in amount, 
 Mo., LXXIX, but there has been a decided tendency to replace low license 
 181-182. ^-^1^ \i\^ license, to prohibit the location of saloons near 
 
 churches and schools, and to be more particular about the 
 parties to whom licenses are given. More stringent laws 
 have also been made relative to the daily hours of opening 
 and closing side entrances and closing on Sundays, election 
 days and holidays, but all of these things have counted for 
 little where public sentiment has not compelled at least a 
 partial enforcement of the law, which happily has occurred 
 in most places. The larger hcense fees have brought more 
 money into the treasuries, but have increased the number of 
 illegal liquor dealers, except where perfect administration 
 of the law was possible. Violation of many of these regula- 
 tions is unfortunately still the rule, particularly where the 
 
Some Phases of State Activity ^y/ 
 
 police force overlooks the law-breaking for a consideration, 
 or to avoid conflict with the liquor organization. 
 
 454. State Prohibition. — Nearly one-half of the states Results of 
 have at some time prohibited the manufacture and sale of "^^^t^ wide" 
 
 ... .... prohibition. 
 
 intoxicatmg hquors withm their limits. At the present 
 
 time, nine have such laws, and in one of these, Maine, the Johnston, m 
 
 1 • -. • • r r ■ r Lalor, III, 
 
 law has existed in various forms for sixty years. So far as 378-380 
 manufacture is concerned, prohibition actually prohibits; (historical). 
 but a different result is noticed in connection with the ques- Bliss (ed.), 
 tion of sale, and the result is easily summarized : where the ^^'^ Encyc. 
 community earnestly favors prohibition, public sale is im- Reform 
 possible, while private sale is difficult and usually punished ; 970-972. 
 where the community is indifferent, illegal traffic is common ; 
 but where prohibition is distasteful, as in all cities of size, 
 there is little attempt to conceal the places where drinks 
 can be obtained. 
 
 455. Local Option. — In most of the states the towns, Local option 
 
 districts, or counties are permitted to decide, by popular ^"^ practice. 
 
 vote, whether they will have license or no license. By this Oberhoitzer, 
 
 method local prohibition exists over one-half the area of ^^/^^^«^«^' 
 
 . . 288-294. 
 
 the United States, but only in those parts where it is favored 
 for social or business reasons. It can readily be seen that Hist, for 
 the enforcement of the law in these localities is likely to be Ready Re/., 
 better than that of prohibition states ; but the difficulties 
 of enforcement are apt to be greater because importations 
 are easy. Although free from the glaring defects that 
 characterize the administration of the anti-saloon law in 
 states that have prohibition, local option, nevertheless, en- 
 counters much the same class of difficulties as those found 
 under prohibition. 
 
 456. General Results of Liquor Legislation and Control. Administra- 
 
 — To whatever system we turn, we find that future problems *^°" ""^'"^ 
 •' ' ^ important 
 
 far outnumber past solutions. But experience teaches some than legis- 
 lessons of considerable value, viz. : that for the proper con- lotion. 
 trol of the traffic, careful and constant administration of 
 suitable poHce regulations is the one thing indispensable ; 
 that laws which remain dead letters are not suitable ; and 
 
3/8 The American Federal State 
 
 Bliss (ed.), that there will never be careful and proper administration in 
 ^fSofiai'^' ^^ midst of popular apathy. With the moral aspects pure 
 Reform, and simple we have nothing here to do ; but, so far as we 
 
 725-727. j^^y judge from experiments, the process of making people 
 
 good by legislation is a long and painful one. 
 
 Indirect Good, although indefinable, results are probably obtained 
 
 legislation^ ^^°^^ ^^ ^^^^ made by most legislatures, that instruction shall 
 
 be given in the public schools showing the injurious effects 
 
 of alcohol upon the human body. The principal methods, 
 
 however, by which temperance workers seek to decrease the 
 
 amount of intemperance by prevention and reform, can be 
 
 little affected by the attitude of the government. 
 
 Barbarous 457. Punishment of Crime in the Past. — The punish- 
 
 practices ment of crime has engaged the attention of States since 
 
 replaced by , ° ° 
 
 reformatory civilization began, but the methods of punishment now in 
 methods. ygg ^^^ distinctively modern. In colonial times imprison- 
 McMaster, ment was almost unknown, death being the penalty for the 
 I ^^i- 02^ ^^' "^°^^ serious offences, and some species of public torture, 
 IV, 532-549, like the stocks or the whipping-post, being used for minor 
 VI, 96-99, crimes. During the early national period there were prisons 
 for the incarceration of criminals ; but these were always of 
 the worst description, the prisoners being herded together 
 irrespective of age, offence, and other conditions, while 
 often the prisons were nothing but cellars or mines. The 
 gradual introduction of state prisons and more enlight- 
 ened public interest did away with the worst of these evils. 
 As the world began to realize that severe and arbitrary 
 methods increased rather than diminished crime, greater 
 attention was paid to reforming the criminal, while schools 
 for the care of neglected children or youthful offenders 
 sprang up on every side. Repeated efforts have been made 
 to raise the standard of the local prisons, or jails, particu- 
 larly through the creation of state commissions and su- 
 perintendents ; but, in spite of the progress made by a few 
 states in some directions, the legacy of the past, with its 
 attendant defects, is noticeable in some measure almost 
 everywhere. 
 
Some Phases of State Activity 379 
 
 458. Reform of Juvenile Offenders. — Society's change of juvenile 
 
 attitude toward criminals is nowhere so conspicuous as in Courts and 
 
 probation. 
 its treatment of youthful citizens who break the laws. Since 
 
 the crimes of even adults are considered to some extent the c°-^^' ^ 
 
 ciCience of 
 
 results of disease, an effort is made to correct in children Penology, 
 physical defects which may cause lawlessness, and to give ^5-263. 
 them incentives to better living. In most of our large cities Survey, 
 youthful offenders are now tried in special juvenile courts, ^ " ^^^°* 
 where justice is tempered with so much mercy that first ^- ^- ^- 3^ 
 offenders are almost invariably placed upon probation for .q_86 ' 
 several years, during which they are kept employed if pos- 
 sible, and required to report regularly to a court officer, child 
 The value of the work of reformation being accomplished P^obier?is, 
 
 221— 2QO 
 
 by the famous "kids' Judge," Ben B. Lindsay of Denver, 
 and other conscientious and able jurists in these courts 
 cannot be estimated. 
 
 459. The State Prisons. — Since almost all of the crime in Need of a 
 the United States consists of the breaking of state laws, we ^^^^^ P° ^^^' 
 should naturally expect that state authorities would control 
 
 its punishment ; but there seems to be nothing more hate- 
 ful to the average American than a state police, so that 
 practically all offenders are arrested by local officials, and 
 most of them are confined in town or county jails. 
 
 The state prisons are reserved for the worst classes of Prison 
 criminals, who are sentenced for the longest terms. Their ^^^ ° ' 
 treatment varies greatly from state to state, but the disci- Ford, A7ne}\ 
 
 ... 11 . 1 M J rx T Cits. Man- 
 
 plme IS usually neither extra severe nor mild, bolitar}'- con- ^^^^ 112-124 
 
 finement is rare, while premiums are placed upon good be- . 
 
 havior, through systems of commutation by which the term science 
 
 of confinement may be reduced greatly. Employment is of Penology, 
 
 provided, ordinarily for the purpose of keeping the pnsoners 246-286. 
 
 W, and incidentally for revenue. In a very few states the „ , 
 ' -^ •' _ Henderson, 
 
 custom still persists of leasing the labor of the convicts to Dependents, 
 contractors, who take entire charge of them, paying the Defectives, 
 
 * ° 1 1 n Delinquents. 
 
 State a net sum for their services. The usual results are all o^e-^oj. 
 that they should not be, and the only attempted justification 
 of the disgraceful system is the annual profit. 
 
38o 
 
 The Ainerican Federal State 
 
 Elmira plan. 
 
 Wines, 
 
 Punishment, 
 
 220-228. 
 
 About ten states have adopted a plan first tried in New York, and 
 usually known as the Elmira plan. It applies only to persons con- 
 victed of a first offence, and not over thirty years of age. The methods 
 are somewhat similar to those of juvenile reformatories, to be described 
 presently, but include also what is known as the indeterminate sen- 
 tence. This leaves to the superintendent the right to grant parole 
 or even release where he believes it will be beneficial. The whole 
 scheme necessarily demands great skill in management. 
 
 Value of re- 
 form schools. 
 
 Wines, State 
 of Prisons, 
 125-132. 
 
 Mangold, 
 Child 
 Problems, 
 260-274. 
 
 Defects of 
 the jails. 
 
 Wines, 
 
 Punishment, 
 
 313-315. 
 
 Conference 
 of Charities 
 and Cor., 
 1900, 
 
 Proceedings, 
 44-64. 
 
 460. The State Reformatories. — For many years state 
 schools for the reform of juvenile offenders or unruly boys 
 and girls have existed everywhere except at the South. 
 As the name implies, they are really schools, whose chief 
 aim is to make the inmates useful members of society by 
 giving them some industrial training, a common school 
 education, and by teaching them self-control and the rights 
 of others. When properly conducted, and most of them 
 may be so classed, they have rendered inestimable service 
 to their respective communities in turning tens of thou- 
 sands from criminal careers. Most of them take an interest 
 in the graduates after they leave, seeking to keep an eye on 
 them, securing good homes and steady occupations when- 
 ever possible. The work of prevention performed by these 
 schools, and by others for homeless children, is among the 
 noblest and most practical of the many functions performed 
 by the states. 
 
 461. The Local Institutions. — When a person is sen- 
 tenced for a short time he is usually sent to the county peni- 
 tentiary, of which there are a great number. If awaiting 
 trial, or held as witness without bail, he is confined in the 
 same or in some local jail. Most of these institutions seem 
 to have taken no share in the great advance movement for 
 better prisons and better methods. Ordinarily they are 
 unhealthful ; often they are worse. No work is provided 
 in most instances, neither is there any classification of 
 prisoners according to age or crime. As all are thrown 
 together and idleness prevails, local prisons cannot be 
 said to be effective agencies in the prevention of crime. 
 
Some Phases of State Activity 381 
 
 462. The Problem of Correction and Reformation. — The Conditions 
 solution of present difficulties is by no means an easy one, ^"f^yorabie 
 
 to crime 
 
 and includes much more than the methods employed by our 
 
 penal and reform institutions, valuable as any improvement ^^^ Eticyc 
 
 in those methods may be. Modern conditions are both of Social 
 
 more or less favorable to crime than those of former times, ^^f'^^^; 
 
 334-330. 
 
 They discourage it because there are fewer sparsely settled 
 sections which afford opportunities for concealment of crimes 
 and the escape of criminals ; because means of transporta- 
 tion are better, and because our cities are better lighted. 
 It is said that the introduction of gas in London a century 
 ago did more to prevent crime on the streets of that city 
 than all the harsh measures of previous years. More than 
 all else, universal education has helped to give people clearer 
 ideas of right and wrong, and has proved a spur which has 
 kept multitudes out of the ranks of criminals. 
 
 In the other direction several tendencies are perceptible. Conditions 
 One of these is the great congestion of population in cities, ^^^-^onng 
 
 - -I crime. 
 
 The slums of our larger centres produce more recruits for 
 the army that preys upon society than all reformatory and g g. in ' 
 philanthropic efforts can reclaim. Another is the publicity McCiure's 
 given to wrong doing by certain classes of newspapers. As (1004)^^6^- 
 there is nothing which a person of criminal instincts so much 171. 
 desires as notoriety, the " education " of these journals is all 
 in the wrong direction. To counteract these and other 
 incentives to crime, the government can do very little. 
 
 Many good people question whether the milder penal Lynch 
 laws and more lenient administration of to-day are effective ^^' 
 in keeping down the number of criminals. They think ?^,^°^^' J'- 
 that the increase in the applications of lynch law, and the isi (1905), 
 accompanying disorder, are the outgrowth of popular dis- 502-509. 
 gust with the failure of the courts to punish with sufficient 
 severity. To whatever cause these lynchings may be due, 
 it is to be hoped that some more regular means will be 
 found of administering justice to the offender. 
 
 463. Other State Activities. — The states through the The public 
 
 health 
 
 central or local governments are doing a great deal for the 
 
382 
 
 The American Federal State 
 
 Ashley, Am. 
 Govt (rev. 
 ed.). kk Ii8- 
 
 121, 132. 
 
 New Encyc. 
 of Social 
 Reform, 
 8-10, 
 867, 899, 
 105 1, 1092- 
 1093. 
 
 Extent of 
 
 state 
 
 activity. 
 
 Some phases 
 not consid- 
 ered. 
 
 Centraliza- 
 tion of ad- 
 ministration. 
 
 preservation of health. These activities include (i) such 
 negative work as the establishment of local or general quar- 
 antine to prevent the spread of contagious diseases ; (2) such 
 indirect action, especially in cities, as the creation of parks 
 and playgrounds, the establishment of sewage systems, or 
 measures to protect the public from defective plumbing, in- 
 sufficient air and light, accumulated dust, rubbish, or filth 
 (see § 503) ; and (3) such positive enactments as supplying 
 pure water or the enforcement of pure food laws. Most 
 cities have had local food laws and inspectors for years to 
 secure the sale of pure milk and untainted meats or fruits, 
 but not until 1906 were there national and state laws on the 
 subject. The aim of these laws is to prevent, in the terri- 
 tory over which the government has jurisdiction, the sale of 
 foods with poisonous, adulterated, or misbranded ingredients. 
 The laws insist upon pure drugs, also. 
 
 From the foregoing paragraphs we can probably obtain a 
 very good idea of the relation of the law of one state to that 
 of the others, and some conception of the methods used in 
 the performance of state duties. The subjects treated cover 
 a very small part of the field of activity of the states, but 
 indicate, in a general way, how the states and the localities 
 work together. Among other topics that are naturally con- 
 sidered phases of state activity are those of charity (§§ 482- 
 486), suffrage and elections (chapter XXII), most of our 
 legal rights and remedies (chapter XXIV), the chief prob- 
 lems of taxation (chapter XXV), and most industrial and 
 labor questions (chapter XXVII). 
 
 Some of those which are not separately treated deal with 
 immigration, irrigation, public works, and many others. 
 When we reaHze that almost nothing has been said about 
 the private and criminal laws made by the state legislature, 
 but that we have confined ourselves to general methods of 
 administration and supervision, the scope of the states' work 
 is seen to be far from limited. 
 
 464. Increase of State Activity. — A marked increase 
 in the number of functions now performed by the govern- 
 
Some Phases of State Activity 383 
 
 ment which were formerly in the hands of individuals, is Fairiie, Cent. 
 seen in every connection with the above subjects. Two ^/^^»^^/^"- 
 
 •' . "^ tratton tn 
 
 features of the increase are particularly prominent : one, n. K, 192- 
 that the state and local governments are doing more, and ^°7- 
 doing it better, than in earHer periods ; second, that the 
 states are beginning to introduce central machinery to 
 supervise or even control local agents, bringing about greater 
 uniformity and more perfect administration. Some states 
 have gone much farther than others, especially in centralizing 
 their administration ; but all have done something in this 
 direction and, from indications, will do much more. 
 
 One of the most important of the newer centralized activ- Public service 
 ities of the states is noticed in the creation of state public commissions, 
 service commissions to supervise all public service corpora- Commons, 
 tions. Massachusetts, New York, and Wisconsin have tried J^ /i^y) ' 
 these commissions with great success, and state commissions 
 
 Marcosson, 
 
 have been created in several other states. The powers i, y., in 
 include supervision of the issuance of stocks and bonds, Munsey, 43 
 regulation of rates, of new franchises, and of service, as ^ ^^ ' 
 well as the right to prescribe means for safeguarding life 
 and limb. 
 
 465. State Finance. — The work of the states does not Receipts and 
 call for the excessive expenditure of money that character- ^^^° \\.vx^^. 
 izes the national government, with its large civil and mili- Bryce, 356- 
 tary list, or the cities, with their costly improvements. The 
 funds needed are raised principally from the general prop- 
 erty tax (§§ 587-590), partially from corporation taxes and 
 miscellaneous sources. More is spent for education than 
 for anything else, about one-third of the whole. The rest 
 is divided among the state government, state charities, ref- 
 ormation, etc. 
 
 QUESTIONS AND REFERENCES 
 Uniformity and Diversity in State Law (§§ 438-444) 
 
 a. On the subject of divorce in general, see Wright, Practical Soci- 
 ologVf 159-176; Woolsey, Divorce o.nd Divorce Legislation, chap. V; 
 
384 The American Federal State 
 
 Wilcox, The Divorce Problem; Stevens, E. R., in Outlook^ 86 (1907), 
 237-243, 287-293; Howard, G. E., in McClure, 34 (1909), 232-242. 
 Arguments for and against a national divorce law are given by Stewart, 
 G. A., in Popular Science Monthly^ XXIII (1883), 224-237, and by 
 Phelps, E. J., in Forum, VIII (1889), 349-364; Larremore, W., in 
 N.A.R., 183 (1906), 70-81., 
 
 1. Is it preferable to bring about necessary uniformities in law by 
 interstate codes or by transferring the subject from the state to the 
 nation ? 
 
 2. Can the difficulties in the regulation of corporations be met by 
 each state for itself by the adoption of suitable laws? Would a 
 national law supplementing those of the states requiring " interstate " 
 corporations to fulfil certain requirements in all of the states be of any 
 value ? 
 
 3. Why might a national divorce law uniformly applied " not have 
 so favorable a result as desired" ? 
 
 4. If the various localities in the state maintain their local " self- 
 government" largely by being able to administer state laws loosely 
 or literally (§ 469), is it not desirable to have as great diversities in 
 state law as at present? Could national laws on these subjects, ad- 
 ministered as national laws are now, be adapted to differing local 
 conditions ? 
 
 The Public Schools (§§ 445-450) 
 
 1. Why should schools be supported by the public and not partially 
 by the public and partially by those benefited? 
 
 2. Name the benefits gained by having teachers examined by the 
 state board of education; by the county board; by the school trustees. 
 Give objections to each. 
 
 i. How is your state superintendent chosen? For what term? 
 What powers has he? Give his name, and tell what school work he 
 did before appointment to the position. 
 
 ii. Have you a state board of education? If so, of how many 
 members? How selected? Does the method of choice guarantee 
 men of the highest capacity? 
 
 iii. Does the county, township, or district system prevail in your 
 state? What county officials have you? Do they give examinations? 
 Have any of them ever visited your school? 
 
 iv. How many members are there on your school board? For how 
 long are they elected? Do all go out of office at the same time? Is 
 it the custom to reelect these officials? 
 
Some Phases of State Activity 385 
 
 V. What proportion of your school fund is collected by the local- 
 ity ? by the county ? by the state ? Is any attempt made to relieve the 
 poorer sections? To raise the standard of the schools in distributing 
 the money? 
 
 The Liquor Proble-m (§§ 451-457) 
 
 a. Different views of the success of prohibition are given by Dow, 
 N., in Forum, III (1887), 39-49; Patten, S. N., in A. A. A., II 
 (1890), 59 et seq.; Koren, in Liquor Problem, on "Maine," 22-95; 
 Wme?,, in Liquor F7-obUm, on "Iowa," 96-140; A. A. A., 32 (1908), 
 
 97-133- 
 
 1. What classes of men are individualists (§ 27) when the control 
 
 of the sale of liquor is being considered? Has the constitutionality 
 of " state-wide " prohibition been upheld by the courts? Is prohibi- 
 tion an infringement of personal liberty? Give reasons for your last 
 answer. 
 
 2. Which system of liquor control do you particularly favor, and on 
 what grounds? Under license, what regulations are most essential in 
 preserving law and order? 
 
 i. Has your state ever tried prohibition? For how long? With 
 what success? What other systems have you tried? 
 
 ii. Have you high or low license now? With or without local 
 option? Judging from the experience of your locality, what provi- 
 sions of law are most essential? With what success is your law 
 administered? 
 
 Fumshment and Reformation (§§ 458-465) 
 
 a. On the treatment of criminals, see Wines, Punishment and 
 Reformation, 325-370; Ellis, The Criminal, 233-282 ; Drahms, The 
 Criminal, 331-389; Ferri, Criminal Sociology; Lombroso and 
 Ferrero, The Female Offender. 
 
 1. Compare the number of capital crimes and methods of punish- 
 ment for others in England (1600), Massachusetts (1650), the United 
 States (1780), the United States (1830), and the United States now. 
 
 2. Trace the history of punishment for debt during the past two 
 centuries, noticing former methods, abolition of imprisonment, and 
 growth of homestead exemptions, and specifying in regard to the 
 latter at the present. 
 
 3. What is the connection between the development of democracy 
 and the substitution of mild for severe forms of punishment, and why 
 should there be any connection? Has democracy had anything to do 
 with the introduction of reformatory instead of repressive methods? 
 
 2C 
 
CHAPTER XX 
 
 Almost all 
 laws are 
 made by the 
 legislature. 
 
 TOWN AND COUNTY GOVERNMENT 
 
 General Refereuces 
 
 Wilson, The State, §§ 1 209-1 259. 
 
 Fiske, Civil Government, 16-98. Deals chiefly with origins. 
 
 Macy, Civil Government, 36-114. The four types. 
 
 Goodnow, Comparative Administrative Law, I, 178-192. 
 
 Ford, W. C., American Citizen^ s Manual, 53-84. 
 
 Bemis, "Local Government in Michigan and the Northwest," in 
 
 /. H. U. S., I, V. 
 Bemis (ed.), " Local Government in the South and Southwest," in 
 
 /. H. U. S., XI, xi, xii. 
 Shaw, Ingle, and others, on particular states, in J. H. U. S. 
 Howard, Local Constitutional History in the United States, especially 
 
 438-470. The highest authority on the subject. 
 International Congress of Charities, Report on The Organization of 
 
 Charities (1893), 43-134- 
 Warner, American Charities. Discusses fully private and public 
 
 methods and the relation of private to public work. 
 
 466. Legislative Centralization of the State. — The posi- 
 tion of the localities in the states is a peculiar one, because, 
 while they are theoretically mere subdivisions of the state 
 for purposes of government, in reality a large part of the 
 states' work is done through their officials. We may 
 express the relation of the states to the localities very 
 briefly by saying that the legislative power of the state 
 is very highly centralized; while the administrative power 
 is just as highly decentralized. Now this statement re- 
 quires a little explanation. How is the legislative power 
 centralized? In this way. Practically all of. the laws 
 (national laws not being considered) under which we 
 
 386 
 
Town and County Government 387 
 
 live are made by the state legislature, most of the remainder 
 being framed by the constitutional convention which, as 
 we noticed (§ 422), has quite a little to do with the laws 
 of most importance. Take the single subject of education. 
 We have just seen that the state prescribes the form and 
 powers of the school organization, i,e, whether the county, 
 district, or town has charge of the schools, how many com- 
 missioners are chosen in each, what the minimum length 
 of the school year is, what rights these localities have to 
 raise money for the support of the schools, and a great 
 many other details. The school trustees or the county 
 board may make some supplementary regulations, but a 
 casual examination of the state school law will show you 
 that the state legislates for the schools. 
 
 467. Administrative Decentralization. — We would natu- There are 
 
 rally suppose that if the state makes the laws, the state will ^^7 ^.^.^^^ 
 J ^ r administra- 
 
 also execute them; but this is not done. Almost all the tive officials 
 laws of the state are carried out, in other words are admin- 
 istered by local officials over whom the state has no control 
 whatever. Even the judges of the lower state courts, who 
 deal with state laws almost exclusively, are elected by the 
 voters of counties or districts, and are responsible not to 
 any central authority, but to the voters of that territory, at 
 the next election. If it is really desired to have the law 
 uniformly interpreted throughout the commonwealth, what 
 guarantee have w^e for those laws involved in suits that are 
 not appealed to a single state court? The same freedom 
 from control marks the sheriffs, local health officers, in 
 fact, all officials for the localities. The bulk of their 
 duties may relate to state law, but they may interpret that 
 law to suit the voters of their district. They administer 
 it or they neglect it in the same way; and so long as their 
 "constituents" do not object, the state authorities cannot 
 force them to do it uniformly throughout the state, as we 
 observed in connection with anti-liquor legislation. Per- 
 haps we can see the effects of administrative decentraliza- 
 tion in a truer light by the use of an illustration. Suppose 
 
388 The American Federal State 
 
 that the tariff acts passed by Congress were administered 
 by local officials not responsible to the President. Let us 
 assume that the tax collectors of the various ports of entry 
 have charge of assessing and collecting the duties upon 
 goods imported. Now, if the President cannot compel a 
 collector to do his duty except by bringing him before a 
 court for some offence recognized by law, we can readily 
 see that one collector will be more lax than another, and 
 confusion will follow; but the greatest loss will be to the 
 national government, which will have been deprived of 
 much of its power, because it could not properly control 
 its administrative agents. To the national government this 
 would be an irreparable injury, because its legislative power 
 is strictly limited, and it would tend to degenerate into a 
 government like that under the Confederation, in fact, 
 would never have been able to lift itself out of its degraded 
 condition during that period if its other laws had been 
 executed in the same way. 
 Local gov- 468. How the Dangers of Administrative Decentralization 
 
 ernment may have been avoided. — Why, then, has the state not suffered 
 
 be modified . . ., -^ -■-. 1 • , •. ,-^-, 
 
 or abolished ^^ ^ Similar manner? For very obvious reasons, (i) The 
 by the state, state (perhaps through the legislature, but usually in the 
 constitution) creates the local political divisions and endows 
 them with certain powers and rights. It may abolish them 
 or change the methods of administration any time it pleases, 
 in fact, its control over the localities is as absolute as that 
 exercised by any political power in existence. If the state, 
 that is, the people of the state, felt that administrative 
 decentralization interfered with its work to such an extent 
 that its power was being nullified, it could substitute another 
 kind of administration for that in use. But the failure of 
 the state to make such a change is evidence that adminis- 
 trative decentralization has not proved especially dangerous, 
 though of course it does not account for the comparative 
 success of a theoretically unsatisfactory system. (2) The 
 reason that a fair degree of uniformity in administering the 
 laws has been preserved is the control which the legislature 
 
Town and County Government 389 
 
 has over the local administration. This was formerly exer- Local offi- 
 cised in several ways; namely, by appointing and removing ^^^^^ are con- 
 local officials, by making special laws, and by going into some ways 
 great detail in each law, telling just how it should be ad- ^y the legis- 
 ministered. Now the chief dependence is placed upon the ^ ^^^' 
 last method, for even county sheriffs are chosen by the coun- 
 ties, while local and special laws are ordinarily forbidden 
 by the state constitution. 
 
 There are, however, disadvantages in the legislative con- 
 trol of local administration, and the tendency during recent 
 years has been toward creating state boards and executive 
 officers, as shown in chapter XIX, in order to get better 
 and more uniform results. 
 
 469. "Home Rule" in Rural Districts. — What may be Nature of 
 spoken of as the "home rule " of the localities consists of ^o^^^^^^^. 
 three principal things: (i) The right of each political 
 division to decide matters of local interest for itself; (2) ex- 
 emption from special legislation; and (3) the privilege of 
 choosing all local administrative officials. 
 
 (i) The rights belonging to the first class do not cover Constitution- 
 even all of the local ordinances that a county would natu- ^^ "^^*^ ^" 
 rally make; but, on the other hand, in a few states county 
 boundaries are not changed, nor new counties erected, nor ^^gV^endum 
 county seats moved except by permission of the county 227-240. 
 board and the voters. The last twenty-five years have 
 brought the counties more rights of this kind at the expense 
 of the legislatures. 
 
 (2) As most of the constitutions prohibit the passage of Freedom 
 laws that apply to but one county or town, the localities are ^^°"^ ^°^^^ 
 thus freed from considerable interference unless the legis- legislation. 
 lature makes "general" laws, which divide the cities and Cleveland 
 counties into so many classes that the laws are really special. Democracy, 
 If the courts uphold these laws as constitutional, as some 348-351- 
 of them have done, the constitutional prohibition is of no 
 
 value. 
 
 (3) By the election of all of the officials charged with the 
 administration of law within the county or town, the locali- 
 
390 
 
 The American Federal State 
 
 Election of 
 all local ad- 
 ministrative 
 officials. 
 
 De Tocque- 
 ville, Democ- 
 racy in 
 Amer., I, 
 107-122. 
 
 Town, 
 
 county, and 
 compromise 
 systems. 
 
 Hinsdale, 
 fj 716-731. 
 
 ties are able to have the law applied as they want it. In 
 practice, that gives them a great deal of "local option," 
 permitting them to say, within certain limits, whether a 
 state law shall be rigidly or leniently enforced; so that it 
 makes less difference to them that the state legislature inter- 
 meddles with their affairs, since they are allowed to be 
 under officers of their own choosing and do somewhat as 
 they please in carrying out state laws. The objections to 
 this method, because the state laws which should be uni- 
 formly administered cannot be, are without any doubt very 
 serious; but the advantages, nevertheless, outweigh the 
 defects. The right to participate in the choice of so many 
 persons quickens an interest in government, and proves an 
 education of the highest value in every community; while 
 the right to ignore the most obnoxious features of laws 
 makes improbable that antagonism to government which 
 so quickly undermines all regard for law and order. De 
 Tocqueville, accustomed to a system where there was more 
 local legislative power than in ours, but constant supervision 
 of local officials, accompanied by arbitrary power to remove 
 them, is unsparing in his praise of the ''^ politic aV^ advan- 
 tages of administrative decentralization. 
 
 470. Types of Local Government in the United States. — 
 The unit of local government in the United States is either 
 the county or the town. Where the town is most impor- 
 tant, it is customary to speak of local government as town 
 government. If the town has few powers, or does not exist 
 at all, we call it county government; and where the coun- 
 ties are subdivided into townships, we speak of the com- 
 promise system of local government. In the third, or 
 compromise type, the township varies in importance from 
 a local district with limited financial and judicial powers 
 to one which holds its town-meeting, elects several town 
 officials, and transacts considerable business; but in no 
 state using the compromise system does the town play a 
 part in local government equal to that of the county in the 
 same states. Speaking of the United States at large, local 
 
Town and County Government 
 
 391 
 
 government means really the government of the county, 
 because outside of New England the smaller local districts 
 are insignificant when compared with the county. 
 
 In the six New England states the town is the unit for local govern- 
 ment. In the former slave states townships are almost unknown, and 
 the local area smaller than the county is the school district, which has 
 more powers the farther west and northwest we go, while the Border 
 states have a local government of the county type with a constant ten- 
 dency to give smaller districts more and more duties. New York and 
 Michigan have townships with town meetings, which possess consider- 
 able vigor ; but in all of the rest of the states, while townships exist, 
 they rarely ever have much to do with the local government, and may 
 not even be public corporations. 
 
 471. Historic Changes in the New England Town. — 
 
 The reasons that led the Puritan colonies to adopt the town form of 
 government have been considered (§ 59), and the nature of that gov- 
 ernment briefly treated (§§ 60-62). In its methods and general char- 
 acter the town meeting is little different from its seventeenth-century 
 prototype, but in some ways it is radically unlike the meetings of two 
 hundred years ago. Then the meetings were small, and every member 
 had a definite interest in them. Now most of the towns are large, sev- 
 eral having ten thousand or more inhabitants, many of the town meet- 
 ings being in consequence of too great a size to permit more than a few 
 leaders to exercise any great influence. A change has also taken place 
 in the character of the population, caused by the immigration of many 
 foreigners, especially French-Canadians, the foreign element increasing 
 at a much more rapid rate than the native population. While it is a 
 well-known fact that the town meetings have lost considerable in value 
 by these changes, nevertheless there is no part of the country where 
 the local government is as vital as it still is in New England. 
 
 472. The Town Meeting. — The town meetings are held 
 ordinarily but once a year, though they may be called more 
 often. Notice is always given by the selectmen, stating 
 when the meeting will be held and what business will come 
 before it. Gathering at the time appointed in the town 
 hall, or some other public building, the voters select a 
 chairman, called a moderator, and proceed to act upon the 
 reports of all town officers for the succeeding year. The 
 chief duties consist in the election of the new officials, who 
 
 The extent of 
 town govern- 
 ment. 
 
 Towns are 
 larger and 
 foreigners 
 more nu- 
 merous. 
 
 Bryce, 406- 
 408. 
 
 Sessions and 
 business. 
 
 Clark, Out- 
 lines of 
 Civics, 178- 
 186. 
 
 Howard, 
 Local Consfl 
 Hist, 225- 
 229. 
 
392 
 
 The American Federal State 
 
 Selectmen, 
 clerk, school 
 trustees, etc. 
 
 Fiske, Civil 
 Gov't, 20-24. 
 
 Government 
 and relation 
 to the county. 
 
 Macy, Civil 
 Gov't, 61-65, 
 70-72. 
 
 are usually quite numerous, and the appropriation of funds 
 for the general work of the town and for special improve- 
 ments. It is interesting to see how carefully all details of 
 town government, particularly in matters of finance, are 
 regulated by the meeting, so that it never surrenders to its 
 public servants the real control of its own affairs. 
 
 473. Town Officials. — The principal officials for execut- 
 ing the wishes of the town meeting are the selectmen, who 
 vary in number from three to nine, and are now usually 
 chosen for a term of three years. They take general charge 
 of town business and represent it in the courts or in deal- 
 ing with the county and the state. The school committee 
 is composed ordinarily of three members, chosen for as 
 many years, with quite full powers over the selection of 
 superintendents, teachers, and text-books. All town records 
 are kept by the clerk, and moneys are deposited with the 
 treasurer, the taxes being levied by the assessor and gath- 
 ered by the tax collector. Very few towns are without over- 
 seers of the poor and health officers, though the duties 
 usually assigned to those officers may be left to the select- 
 men. There are usually several other officials, also, chosen 
 at the town meeting. 
 
 474. The New York Town. — The town in New York and 
 in the states and parts of states that have adopted the New 
 York system is, like that of New England, a public corpora- 
 tion, i,e. the citizens living within its boundaries are recog- 
 nized as constituting a body corporate with the right to 
 hold and dispose of property, to sue, and to levy taxes. It 
 has its town meeting, which is held on a day designated 
 by the county board of supervisors, this one fact illustrating 
 the minor importance of the town in these states. There 
 are no officials corresponding in power to the selectmen, 
 but there is a supervisor, with some financial duties, who 
 represents the town on the county board. He is therefore 
 more of a county than a town official. The town also has 
 a clerk, assessor, constables, besides overseers of the poor 
 and highway commissioners. 
 
Town and County Government 393 
 
 475. The Township in the West. ■ — Except in Michigan, Conditions 
 where the town was directly implanted by the early settlers effecting its 
 
 form and 
 
 from New York, town government in the West has been of powers, 
 slow growth. The conditions which led to its adoption in ^., ™, 
 New England (§§ 59, 62) have been absent, because agri- state, 
 culture was the sole occupation at first and the population ^^ 1222-1233. 
 was scattered. Professor Howard, in his invaluable book Howard, 
 on Local Constitutional History in the United States , shows ^^^ ^ - 
 conclusively that county government was everywhere uni- 156. 
 versal for economic reasons, and that the institutions of the 
 states from which most of the immigrants came had com- 
 paratively little influence. That they did exert some, how- 
 ever, is shown by the experience of Illinois, the northern 
 part of which was settled by people from New England and 
 the Middle states, while the southern half was occupied 
 by Virginians and Kentuckians. County government was 
 the rule until farms became fairly numerous and villages 
 sprang up. Then the northern part of the state began 
 an agitation for a town organization, the Southerners offer- 
 ing serious opposition. The result was a compromise, 
 which allowed any county to adopt the township system 
 when its inhabitants desired it. The northern half im- 
 mediately began to have townships, and now almost every 
 county in the state is thus subdivided. The experience 
 of Nebraska shows that the character of the local govern- 
 ment depends more on the density of the population than 
 on their nativity, because there county government alone 
 existed till 1883 when the more populous counties suc- 
 ceeded in obtaining permission to create townships when 
 desired. 
 
 As already suggested (§ 187), the township in the West School dis- 
 grew up around the schoolhouse, and has been developed ^^^t as unit 
 largely according to the educational needs of the commu- government. 
 nity. Town meetings are rare, the townships are not even g^j^ig -^^ 
 public corporations in many states, while the public officials J. H. u. s., 
 are often limited to those with judicial, police, school, and, ^' ^' ^9"^^* 
 possibly, financial duties. 
 
394 
 
 The American Federal State 
 
 A judicial 
 and financial 
 subdivision 
 of the state. 
 
 Howard, 
 ibid., 458- 
 464. 
 
 The chief 
 local unit of 
 government. 
 
 Hinsdale, 
 §§ 721-723. 
 
 Bemis, in 
 J. H. U. S., 
 XI, 459-463. 
 
 Howard, 
 464-470. 
 
 Subdivisions 
 of the 
 county. 
 
 Howard, 
 230-234. 
 
 General simi- 
 larity of the 
 counties. 
 
 476. The New England County. — Everywhere the county, 
 like the town at its best, is a public corporation clothed 
 with power to sue and to be sued, to erect buildings for 
 public use, to hold other property, and to assess and collect 
 taxes to a certain amount. In New England the county is 
 charged with fewer duties than elsewhere, and in Rhode 
 Island it exists solely for judicial purposes. The chief 
 authority is a board of commissioners, as in over two- 
 thirds of the states; but they are concerned chiefly with the 
 highways and certain questions of finance. Other ofificials 
 are the sheriff, treasurer, and the justices of the peace. 
 
 477. The Southern County. — In the South the county, 
 oddly enough, is but little better developed than in the North- 
 east, having less work to perform than the county of the 
 West and Northwest. Some of the states still retain the 
 justices of the peace as the administrative and judicial 
 board, giving them control of most of the local affairs. 
 More elect from three to five commissioners, who usually 
 have fuller powers than the justices, though they do not 
 form a court. One state (Georgia) centres these functions 
 in one official, called the Ordinary. Other duties are per- 
 formed by a sheriff, a county clerk, a treasurer, assessors, 
 and tax collectors, and school officials. The county always 
 has sole, or almost sole, control of roads, bridges, prisons, 
 schools, and the poor, and raises all the money needed for 
 all of these. 
 
 Subdivisions of the county exist in all of the states, usu- 
 ally in the form of school districts, which are rarely self- 
 taxing or with full power of administration. After the War 
 of Secession, the reconstruction legislature tried to intro- 
 duce into Virginia, and one or two states farther south, a 
 township form of government, but the attempts to use it 
 were soon abandoned. 
 
 In Louisiana the division corresponding to the county is 
 called the parish. 
 
 478. The County in General ; County Board. — It is impos- 
 sible to describe, with any fulness, a county of any stat^ 
 
Town and County Government 395 
 
 and have the description apply to many others; but there 
 is, nevertheless, quite a little similarity the country over. 
 Although the statements made below apply especially to 
 the middle West, about the same officials, with much 
 the same powers, are found in all sections, even in New 
 England. 
 
 The legislative body, if we may so dignify the board that County 
 makes the county ordinances, is composed, in four-fifths board: eiec- 
 of the states, of commissioners, three or five m number, powers. 
 elected for two, three, or four years by the voters of dis- „ , 
 tricts into which the county is divided. Among their 438-450.' 
 duties is that of supervising all the other county officers, 
 particularly those who handle the funds. They usually 
 have charge of laying out townships and school districts, 
 the care of roads, of the poor, and of public buildings in 
 general. They ordinarily determine the amount of money 
 to be raised for expenses within the county, and may act 
 as a board of equalization to hear complaints of persons 
 who believe themselves too heavily assessed. They may 
 also have considerable power of appointment, though rarely 
 of removal. 
 
 479. Chief Officials of the County. — The principal single The sheriff. 
 officer of the county is the sheriff who retains but few of Howard, 
 the duties belonging to his powerful prototype of the 4SO-455- 
 Middle Ages. In a sense, he is the representative of the 
 state in the county; but owing to the impossibility of re- 
 moving him, except in a few instances, he is a county 
 rather than a state executive officer. The maintenance of 
 peace and order are in his hands, while the execution of 
 all decrees and decisions of all but the lowest courts form 
 his chief duty. 
 
 Next in power to the sheriff is the person who audits Clerk and 
 claims against the county. This work may be assigned to ^^^i^to^- 
 a special official, called the auditor, but in many states it 
 is left to the county clerk. The county clerk is also charged 
 with keeping the records of the county board and courts, 
 and he may have duties connected with elections. 
 
396 
 
 The American Federal State 
 
 School super- 
 intendent. 
 
 Assessors. 
 
 Howard, 
 453-458. 
 
 Treasurer, 
 coroner, at- 
 torney, pub- 
 lic adminis- 
 trator, and 
 recorder. 
 
 An undevel- 
 oped munici- 
 pality. 
 
 Goodnow, 
 Cotnp. 
 
 Admin. Law, 
 I, 218-222. 
 
 The head of the schools, called either a commissioner 
 or a superintendent, has general supervision of all but city 
 schools. He usually apportions the money, if any is ex- 
 pended by the state, for schools, visits them at stated peri- 
 ods, and may give teachers' examinations. Occasionally 
 he has some power of selecting teachers and, more fre- 
 quently, that of dismissal. In some, or all, of his duties 
 he may be aided by a county school board, of which he is 
 the executive officer. 
 
 480. Other County Officials. — When there is an assessor, 
 as in a few states, the great opportunities for exercising his 
 discretion in making an assessment high or low permit 
 him to wield considerable power; but the almost universal 
 custom is to accept the estimates of local assessors and have 
 these estimates equalized by some county authority, prefer- 
 ably the county board. The collection of the taxes is often, 
 but less frequently, left to the towns. 
 
 The treasurer has charge of the money of the county, 
 and is obliged to give a very heavy bond, which is forfeited 
 if he appropriates any of the funds to his own use. The 
 coroner investigates the causes, in case of violent death, 
 and, to aid him, summons a jury, usually of twelve men, 
 who hear evidence and render a decision. The attorney 
 acts both as a legal adviser and as a public prosecutor to 
 protect the county when a crime is tried in a county court. 
 There are often public administrators, who take charge of 
 the estates of persons dying without wills; recorders, who 
 keep a record of all mortgages, real estate transfers, etc. ; 
 and land commissioners, who look after surveys. 
 
 481 . Incorporated Villages. — Besides the counties, towns, 
 and cities, there are incorporated villages which are in- 
 cipient municipalities and play quite a part in local gov- 
 ernment. As a rule, incorporation does not take place 
 except at the request of a majority of the voters within the 
 villages. This is done under general statutes, which pre- 
 scribe the method of action, the officials permitted, the 
 date of village elections, and the limit of tax rate. The 
 
Town and County Government 397 
 
 special act of incorporation states also the boundaries, as 
 well as the number, term, pay, and powers of officials, if 
 not already specified in the law. There are usually trustees, 
 who may make certain kinds of by-laws, a clerk, a treasurer, 
 an assessor, a constable, overseers of the poor, and perhaps 
 others. 
 
 482. Functions of Local Government. — Three of the sub- Variety of 
 jects to which the attention of local officials is greatly ^^^ctions. 
 directed have been treated in the previous chapter. From Bryce, 413- 
 what has been said, the freedom left to the localities in ^^^' 
 their administration of the school, liquor, and penal laws 
 
 shows that in connection with these three phases of state 
 activity the work done by the counties and the towns is no 
 insignificant one. Two other functions of the localities 
 deserve consideration, both of which are, in a sense, phases 
 of state activity, but with which the state has less to do than 
 even with education. One of these is the subject of 
 charities, the other that of roads. 
 
 483. Public Charities. — The care of the poor and of the Limits of 
 defective classes, unlike that of criminals, is even yet left, P^^'^<^ 
 
 1 • • • -r^ , 1. , . charity. 
 
 to a large extent, to private organizations. Public charity 
 occupies a much larger place in the work of government . ^™^o • 
 than a hundred years ago, partially because the trend of the ties, chap, 
 nineteenth century was toward the obligation of society to ^^^' 
 her unfortunates; but, although certain kinds of charitable 
 relief are now performed exclusively by our governments, 
 certain others are thought to be better dispensed without 
 the help of officials. 
 
 484. State Boards of Charities. — Over one-third of the Work of the 
 states have created state boards, to have general oversight ^*^*^ boards, 
 of state charitable institutions, if such there are. They Warner, 
 may also do some visiting among the counties, offer sug- ^ ^^' ^^ ' 
 gestions, and make reports. The work is likely to be almost 
 exclusively educative, although the boards may, of course, 
 
 have some powers of supervision, or possibly control. 
 
 The state institutions which are most common are those Care of the 
 for the blind or the deaf and the dumb. State insane asy- "^^^^** 
 
398 
 
 The American Federal State 
 
 Warner, 
 chap. XI. 
 
 Character- 
 istics and 
 defects. 
 
 Warner, 
 chap. VI. 
 
 Dependent 
 children. 
 
 Warner, 
 chap. IX. 
 
 Hospitals 
 and dispen- 
 saries. 
 
 lums, or more correctly insane hospitals, are maintaineo 
 by the more progressive commonwealths for the most vio- 
 lent cases, the milder ones being all but universally left in 
 the charge of the counties. A large sum is expended each 
 year for the care of insane patients and the attempted cure 
 of acute mental disease. 
 
 485. The Almshouse. — The bulk of the burden of public 
 charity falls upon the county or, in New England, the town, 
 though the city never fails to have some share of the ex- 
 pense. The counties maintain an institution generally 
 known as the almshouse, but occasionally called by a less 
 offensive name. This is primarily a home for the aged 
 poor, and for those absolutely incompetent and without 
 friends to support them. The poorest almshouses make no 
 provision for the classification of their inmates or for the 
 separation of the classes; the aged, the young, the blind, 
 the sick, the feeble-minded, the insane, and the lazy being 
 often herded together. In such an institution the practical 
 management is no better than the theoretical arrangement, 
 or lack of it; the person in charge usually being ignorant, 
 if not rough or brutal. Fortunately, almshouses of this type 
 are much rarer than formerly, and most of the localities 
 nowadays provide for separate homes for children and the 
 insane, or at least separate wards for the insane and the sick. 
 
 486. Other Local Charities. — Either public or private 
 enterprise manages to find a means of erecting children's 
 homes, for the purpose of keeping orphaned little ones out 
 of the streets and away from evil influences. This is felt 
 to be the most necessary step in the process of preventing 
 crime, and that, consequently, it should be undertaken by 
 the state for its own safety, if not for the sake of the 
 children themselves. 
 
 Many cities, and some counties and towns, maintain hos- 
 pitals, at public expense, for those unable to buy needed 
 medical care. Some of the larger municipalities also have 
 free dispensaries, at which medical advice and drugs may 
 be obtained without cost. The city physician, usually in 
 
Town and County Government 399 
 
 connection with the board of health, is paid by the city 
 for the care of the sick poor in their homes. 
 
 Provisions, fuel, and other necessaries are in any locali- Outdoor 
 ties granted by the overseers of the poor to families in ^^^^^^• 
 need; but we are coming to leave this form of charity more Wamer, 
 and more to private parties, on the ground that they can ^^^^^ ^^^' 
 more easily ascertain the real need of these things and 
 prevent fraud. Public lodging-houses and employment 
 bureaus, when properly managed, have proved themselves 
 great blessings to the honest workman out of employment, 
 and to the community in ridding itself of tramps. 
 
 In cities, especially, large sums of money are annually public aid to 
 appropriated to private organizations because it is hoped Private chari- 
 they will use it to better advantage. When that is done, 
 the city should always be satisfied that the money is properly ^a^xvil 
 expended. 
 
 ^ Coler. Mun. 
 
 The great danger of all charity is that it is likely to Gov't. 
 
 aggravate the evils it attempts to relieve, through lack of Dangers of 
 
 discrimination. Like most of the other activities of gov- ii^discrimi- 
 
 , ... nate charity, 
 
 ernment, but to a greater extent than most, it requires 
 
 earnest yet disinterested officials, who shall possess some 
 tact and much sense. 
 
 487. Rural Roads. — In spite of the great development Means of 
 of railways in the United States, and of electric and horse- ^P^o^ing 
 car lines between villages, the great dependence is, and 
 always must be, upon our roads. To lay out roads in the 
 right places, and see that they are kept in as good condi- 
 tion as the needs of the people demand, is usually the duty 
 of the county board, though often of a town highway officer. 
 The erection of bridges usually belongs to the same authori- 
 ties. The state does little more than make general rules 
 regarding the duties of local officials, the methods to be 
 used in opening and closing highways, and some regula- 
 tions, possibly, regarding width. A few states have, indeed, 
 encouraged the improvement of roads by appropriating from 
 the state treasury a maximum amount, to be distributed 
 among the localities in proportion to the amount properly 
 
400 The American Federal State 
 
 expended by them for good roads. Agitation by wheelmen, 
 to whom a bad road is practically useless, and the growing 
 appreciation of the fact that in a fairly well settled section 
 a poor road is, in the end, more costly to the farmer than a 
 good one, is doing much toward improving country highways. 
 
 QUESTIONS AND REFERENCES 
 
 The State and the Localities (§§ 466-470) 
 
 a. For a comparison of local government in America with that of 
 France, Germany, and England, respectively, see Wilson, The State^ 
 §§ 440-471, 588-613, 952-985, and Goodnow, Comparative Adminis- 
 trative Law, 266-294, 295-338, 234-265. For fuller discussion or 
 relation of local to central government in England, consult Maltbie, 
 English Local Government of To-day. 
 
 1. What part did the theory that the state is sovereign play in mak- 
 ing the state absolute in its control of the counties and townships ? 
 Would there be any advantage in giving the localities a sphere of du- 
 ties of their own in which they would be as uncontrolled by the state 
 as the nation now is, in other words, could a federal system be estab- 
 lished with profit within a state ? What is the lesson taught by the 
 history of centralization (§§ 232-234) about the probable permanence 
 of such a small federal system ? 
 
 2. Summarize the advantages and disadvantages of decentralized 
 administration. Which is more desirable, greater uniformity in state 
 law or more local government, as we use the term ? How can we best 
 obtain the greatest uniformity with the largest local liberty of action ? 
 
 i. Enumerate the list of subjects for which special laws are prohib- 
 ited to the legislature by your state constitution. Are the prohibitions 
 effective or otherwise, e.g. how many classes of counties in your state 
 and how many classes of cities ? 
 
 ii. How are county seats located in your state ? How are county 
 boundaries determined ? What officers are prescribed for the county 
 in state law ? What ones, if any, by county vote ? By whom is the 
 amount of salaries determined ? 
 
 Town Government (§§ 471-475) 
 
 I. Why is the town system not adopted everywhere as the sections 
 become more densely populated ? Would it not be an advantage to 
 have town government in all of the states ? 
 
Town mid County Government 401 
 
 i. "What is the political division smaller than your county called ? 
 How many are there in the county ? Are they public corporations ? 
 What officers has it ? Does it ever hold a meeting of all of the 
 voters ? If so, when, and for what purpose ? If living where the 
 town is important, answer all of the questions on counties and county 
 officials which would apply to town officials. 
 
 County Government (§§ 476-481) 
 
 i. How many counties in your state ? Are any of them natural sub- 
 divisions ? How do they compare in area and in population ? Do 
 they have equal representation in any part of the state government, or 
 do those with few inhabitants have an undue proportion of representa- 
 tives simply because they are counties ? 
 
 ii. In what county do you live ? Has the name any historic mean- 
 ing ? What is its area ? its population by the last census ? What is 
 the county seat ? Is it centrally located ? Is it the largest city in the 
 county ? 
 
 (Consult Political Code for most of the following.) 
 
 iii. How many members on your county board ? How, when, and 
 for what term are they chosen ? What powers have they ? What 
 are they called ? 
 
 iv. What is the term of the county officials ? Are all elected at 
 the same time and for the same term ? Are any appointed by the 
 state government ? Give the highest and lowest salaries of elected 
 officials. Do the offices command the best men ? 
 
 v. Select the sheriff, clerk, or other officials and answer the fol- 
 lowing : Is he a partisan ? How long has he filled the position ? 
 What was his record before entering office ? Has he given satisfac- 
 tory service since ? 
 
 vi. If living in a village, give population, limits, date of incorporation, 
 officers, salaries, and an estimate of the success of the village government. 
 
 vii. To whom do you go to get a warrant to have some one ar- 
 rested ? Who serves it ? Of whom do your teachers get their pay ? 
 Who issues teachers' certificates ? Are copies of deeds and mortgages 
 kept ? With whom ? Why ? Who takes charge of estates of persons 
 dying without wills ? If a will is made, how is it admitted to probate? 
 What is an executor ? What is meant by a deed ? by the title ? How is 
 each obtained ? What is a mortgage ? How is a mortgage foreclosed ? 
 
 Functions of Local Government (§§ 482-487) 
 
 a. On public charities in this country consult Warner, American 
 Charities, Part II; Whitten, Public Administration in Massacku- 
 
 2D 
 
402 The American Federal State 
 
 setts, chap. Ill; Fairlie, Administration in New York^ 78-II4; Re- 
 port on Organization of Charities (1893), 43"^ 34" 
 
 b. On charity in England, see J. L. Lowell, Public Relief and 
 Private Charity, 9-48; Maltbie, English Local Government, chap. II. 
 On charity in France, Organization of Charities, 148-167. 
 
 1. Is there any good reason why the county officials shall be par- 
 tisans ? What proportion of their duties relate to political policies ? 
 Is administrative ability essential ? 
 
 2. In what ways may charity become indiscriminate ? Why is pub- 
 lic charity more likely to become burdened with abuses than that in 
 private hands ? Should charity become more of a government affair 
 or not ? Why ? 
 
 i. Have you a state board of charities ? If so, what powers has it ? 
 How is it chosen ? What has it done to improve the condition of the 
 institutions of the state ? 1 
 
 ii. Where is your almshouse located ? Is any attempt made to 
 separate the different classes of inmates ? Is there a farm connected 
 with it ? Does it seem to be well managed ? 
 
 iii. Learn whether any or all of the classes of charity enumerated 
 in § 486 are dispensed by your local governments. Are any others ? 
 
 iv. Are your roads laid out and cared for by the town or the county? 
 What was the expenditure last year ? Are the roads of your section 
 well located ? How are they improved ? Are they satisfactory ? 
 
 v. Get the report of the treasurer or auditor for last year. What 
 is the assessed value of property in the county ? the tax rate ? the 
 total receipts ? the expenditures ? Name the chief items of expense 
 in their order. Which ones are increasing most rapidly ? 
 
CHAPTER XXI 
 
 THE MUNICIPALITY 
 General References 
 
 Bryce (and Low), American Commonwealth, 417-444. Gives both 
 English and American views of municipal conditions and success. 
 
 Coler, Municipal Government. Experiences in New York City at the 
 close of the nineteenth century. 
 
 Conkling, Municipal Government in the United States. Furnishes 
 many interesting facts. 
 
 Wilcox, A Study of City Government. An excellent handbook; sub- 
 jects treated under problems of Organization, Function, and Con- 
 trol. 
 
 Goodnow, Municipal Home Rule. Discusses the legal rights of the 
 municipality. 
 
 Goodnow, Municipal Problems. Treats the relation of city to the 
 state and the principles of organization. The best single volume 
 on the city. 
 
 Eaton, The Government of Municipalities. Covers the subject pretty 
 fully; everything considered from standpoint of "civil service 
 reform." 
 
 National Municipal League, Conferences for Good City Government. 
 Reports to 1898 on government of different cities; for 1899 sug- 
 gests a model city charter and discusses it. 
 
 Johns Hopkins University Studies, V (on different cities). 
 
 Parsons, The City for the People, 1 7-254* 387-474- Strongly favors 
 municipal ownership. 
 
 Maltbie, Municipal Functions. A study of the development, scope, and 
 tendency of municipal socialism (Municipal Affairs for December, 
 1898) on American and foreign cities. Invaluable for reference. 
 
 Bemis (ed.) et al, Municipal Monopolies in the United States. Sepa- 
 rate papers upon Water, Gas, Electricity, and other functions; 
 favoring public ownership. 
 
 Periodical indexes under City or Municipal Government, Reform, 
 Functions, Ownership, Debt and Franchises, Public Ownership, 
 Charter, Mayor, Council, Street Management, Water Works, etc. 
 
 403 
 
404 
 
 The American Federal State 
 
 Special dif- 
 ficulties in 
 city govern- 
 ment. 
 
 Low, S., in 
 
 Bryce, 
 428-432. 
 
 Goodnow, 
 Mun. Prob- 
 lems, 282- 
 311- 
 
 488. Some Problems of the City. — The government of 
 municipalities has furnished a large number of problems 
 whose solution is engaging the attention of prominent 
 workers and thinkers. So far in our history our city gov- 
 ernment has been deemed quite unsatisfactory, but as the 
 subject has not received the consideration it deserved until 
 recent years, there are good prospects of decided improve- 
 ment in the near future. A hundred years ago our urban 
 population comprised less than five per cent of our whole 
 number, no city having 100,000 people. In 1850 New 
 York had but 500,000 souls, and nearly ninety per cent of 
 the inhabitants of the United States resided in the country. 
 The census of 1900 shows that nearly one-third of the people 
 of the United States live in cities having a population of at 
 least 8000 each, and that thirty-eight cities have passed the 
 100,000 mark. This rapid growth of cities, often covering 
 great areas, has meant that many new duties have been as- 
 sumed, and that great sums of money have been expended. 
 Meanwhile, the cities have been passing through several 
 experimental stages of government, and have received large 
 accessions of foreign immigrants who have brought with 
 them little or no experience that would be of any value in 
 their new homes. The democratic principles of an almost 
 unrestricted manhood suffrage, popular election, and the 
 "spoils system" have not, on the whole, tended to improve 
 a government whose successful operation demands careful 
 and efficient administration. 
 
 Areas. 
 
 Elements of 
 population. 
 
 The area of one-third of the cities with over 100,000 each is 40 
 square miles or greater, four of them covering over 100 square miles 
 apiece. Smaller cities, especially in the West, are territorially very 
 much larger in proportion to the population. 
 
 The number of aliens in our large cities has been particularly notice- 
 able since i860. The census of that year shows that Nevi^ York, Boston, 
 Brooklyn, Chicago, and Cincinnati had betvi^een forty and fifty per cent 
 of foreigners. By the census of 1890 Nevi^ York City, with a popula- 
 tion of 1,515,301, had 639,943 of foreign birth and 579,275 Americans 
 of foreign parentage, while in San Francisco those whose parents were 
 born abroad numbered seventy-eight per cent of all, and in Milwaukee 
 
The Municipality 405 
 
 those whose parents were native Americans equalled less than fourteen 
 per cent of all. It must be admitted that some of the Americans of 
 foreign parentage took more interest in municipal government than 
 descendants of revolutionary patriots, but a considerable percentage 
 were not truly American. What was true of New York is in some 
 measure true of almost all of our cities, in which at least half of the 
 voters were born abroad, because among immigrants there is a smaller 
 proportion of women and children. 
 
 489. Development of Municipal Government. — We may dis- Colonial 
 tinguish three periods of municipal development : (i) The P^^^i^d- 
 earliest may be termed the colonial period, though it per- Goodnow, 
 sisted till perhaps fifty years after independence was de- ^^^JJ^' ^^°^' 
 clared. The cities were governed under charters granted 
 first by the King or royal representative, and afterward by j^ Mun. ' 
 the state governors. Full powers were given and exercised Program, i- 
 by a single body, composed usually of councillors, mayor, ^^" 
 and treasurer, all of whom had legislative, judicial, and 
 executive duties. As a rule, the councillors were chosen 
 by a select set of voters, the mayor and treasurer being 
 appointed by the state governor. 
 
 (2) The second period was one of reorganization upon a Periodbefore 
 democratic basis. Charters were now granted by the legis- ^^^^^ ^^^' 
 latures and revoked or modified at will. Separation of the Fairiie, n- 
 departments, already begun, was completed. Popular elec- 
 tion was substituted for appointment in the selection of 
 
 most administrative officials, and the council was gradually 
 stripped of its more important duties. 
 
 (3) The third period marks the complete supremacy of City govem- 
 
 the state legislature in city affairs. It is almost needless ^-^^tsmce 
 
 ° ■' i860. 
 
 to say that this stage still exists. The council has been 
 
 still further reduced in strength, its legislative rights being 
 
 largely assumed by the state, in spite of constitutional 
 
 restrictions upon the passing of local and special laws. 
 
 Administrative power is being concentrated more and more 
 
 in the hands of the mayor, with the hope of obtaining 
 
 greater efficiency and responsibility, while recently a 
 
 decided effort has been made to give the municipality, 
 
 as a whole, a larger sphere of action. 
 
4o6 
 
 The American Federal State 
 
 A subdivi- 
 sion of the 
 state and a 
 centre of 
 population. 
 
 Goodnow, 
 Mun. Prob- 
 lems, '2.2r%^. 
 
 An act of the 
 state legis- 
 lature. 
 
 490. Twofold Functions of the City. — Like the county, 
 the city is a public corporation created by act of the state 
 legislature, but, unlike the county, it is more than a con- 
 venient subdivision of the state for the proper administra- 
 tion of state law. It is primarily a thickly populated district 
 endowed with definite powers for the satisfaction of its own 
 local needs. This twofold character may perhaps be best 
 explained by illustrations, (i) There are a great many 
 things, like the laying out of streets, street lighting and 
 grading, protection from fire, the building of sewers, regu- 
 lation of water supply, transportation, and a multitude of 
 others that are vastly more interesting and important to 
 the people of the city than to the people of the state, and 
 which they should be left to control, as far as possible, 
 in their own way. (2) On the other hand, the laws for 
 the protection of life and property, the system of public 
 education, measures for the preservation of health, and 
 the care of the poor originate with the state govern- 
 ment, because it is essential that these things should be 
 fairly uniform throughout the state. It may be necessary 
 for the cities to have more elaborate machinery to carry 
 out these state laws than less populated districts, but 
 they remain matters of state rather than municipal con- 
 cern. 
 
 491. The Charter. — So far as the city has a fundamental 
 law, it is the charter. This document is, however, merely 
 an act of the legislature, except in Missouri, California, 
 Washington, and Minnesota, and is subject to repeal and 
 amendment like any other law. No incorporation occurs 
 ordinarily unless a town requests a city form of govern- 
 ment; but the city is not able to determine for itself the 
 nature of its government nor the character nor extent of its 
 functions, as the legislature has complete control of every- 
 thing, usually even the smallest details. Like the com- 
 monwealth constitutions, the charters are quite full, so that 
 the ordinance-making power of the council is sure to be 
 limited. 
 
The Mtmicipality 407 
 
 492. Reform in Charter-making. — Before 1850 there were Charters 
 
 several instances where charters were framed by city conventions, but i^ade by 
 
 until 1875 ^^ constitution provided for city cooperation in making ^' ^^^' 
 
 charters. Missouri in that year took the first step toward city self- ^""^oiis, Ltty 
 
 for People, 
 
 government. California, Washington, Minnesota, Oklahoma and .1^-427. 
 
 Oregon have since adopted similar plans. Oberholtzer 
 
 It is scarcely possible that such a practice will soon be widely Referendum, 
 
 adopted, but there is reason to hope that in time the states will 343-367" 
 
 permit the cities to decide under very general laws what form of Future of 
 
 government and special requirements are best suited to their own 
 
 needs. 
 
 home-rule 
 methods. 
 
 493. The Council : Organization. — The council is the Number of 
 legislative municipal organ. In about one-fourth of our ^ndelectlon 
 cities it is bicameral, the upper house often being chosen of members, 
 from the city at large or from a few districts, the members ooodnow, 
 of the lower house representing wards. Where there is Comp. Ad- 
 only one chamber, it is ordinarily made up of one repre- ^^^^ ^r^^T 
 sentative from each ward, although some cities have pre- 217. 
 ferred election by general ticket or by districts. The first conkiing, 
 method insures local representation ; the second and third Mun. Gov't, 
 are likely to secure better men. Election by the city at ^ ^^' 
 large has the disadvantage of giving the dominant party an ^^^?°^' ^"^-^ 
 undue majority unless there is some provision for minor- jgg. 
 ity or proportional representation, of which we have no 
 conspicuous examples as yet. 
 
 Since the opening of the twentieth century, there has Citygovem- 
 been a widespread movement to make a small council or ^o^j^^j^ission^ 
 commission the sole governing body of the city. As each ^^^^ ^ 
 member of the commission is also head of some administra- jn Every- 
 tion department of the city, the plan provides for rather com- body's, 22 
 plete cooperation of the municipal legislative and administra- 4^7. ° ' "^ 
 tive branches. Many believe that such a concentration of 
 power in the hands of a few powerful and responsible com- 
 missioners will remedy the evils of city government better 
 than the centralization of the mayor's power, which was 
 the favorite device of reformers in the last decades of the 
 nineteenth century. The commission form will probably be 
 found to be the best in many cities. 
 
4o8 
 
 The American Federal State 
 
 Limited 
 character of 
 powers. 
 
 Goodnow, 
 Admin. Law, 
 I, 213-215. 
 
 Cf. Good- 
 now, Mun. 
 Problems, 
 215-246. 
 
 Wilcox, City 
 Govt, 168- 
 179. 
 
 Two classes 
 of mayors. 
 
 The mayor 
 
 without 
 
 power. 
 
 Conkling, 
 Mun. Gov't, 
 chap. II. 
 
 Wilcox, City 
 Gov't, 181- 
 191. 
 
 The mayor 
 with power. 
 
 494. Powers of the Council. — The powers which are exer- 
 cised by the council are those delegated by the legislature 
 and enumerated in the charter. They are thus subject to 
 restriction or alteration at the will of the legislature. 
 Being enumerated, they apply solely to the subjects men- 
 tioned in the list of powers. These are of two classes, one 
 dealing with the kinds of ordinances, or local laws, that 
 the council may pass, the other referring to finance. Or- 
 dinarily the larger, but not the whole, part of the ordinance- 
 making power is vested in the council, covering everything 
 for which by-laws are necessary, except certain police and 
 health regulations, which are proclaimed by the boards of 
 the respective departments. To the council is given the 
 right to determine how much money shall be raised for 
 city expenses, though in recent charters it is often degraded 
 to a mere revisory body. It arranges for the borrowing of 
 money for permanent improvements, subject usually to a 
 vote of the people on each important loan, and subject also 
 to the limit of indebtedness prescribed by the city charter. 
 The granting of franchises is ordinarily left in its hands, 
 and it has the power to make contracts as well. 
 
 495. The Mayor. — The position of the mayor is very 
 different in different cities. He is always chosen by popu- 
 lar election, usually for two or four years. In most of the 
 cities that have not had their governments remodelled 
 recently, the mayor has a position similar to that of the 
 state governor. His greatest influence comes from the 
 power to veto ordinances. He may have some power of 
 appointment, possibly of removal, but he has no control 
 whatever over the other executive officials, who are also 
 elected by the people; and he may not be able to do any- 
 thing with the executive boards or appointed heads, who 
 are possibly chosen by the council or even by the state 
 legislature. 
 
 The mayor who has been fortunate enough to be given 
 centralized power is rather to be compared with the Presi- 
 dent of the United States, for not only has he the veto, but 
 
The Municipality 409 
 
 almost sole power of appointment and removal of the whole Low, S., in 
 administrative service. His term is apt to be short, but Bryce, 434- 
 
 . 439- 
 
 his pay is large. The right to submit an estimate of the 
 amount of money needed to run the government — an esti- 
 mate which the council cannot increase — may be given 
 him in extreme cases. But with concentration of power 
 comes increased responsibility, as he may ordinarily be 
 removed by a two-thirds or three-fourths majority of the 
 council. He is, in truth, the government, and he is held 
 strictly accountable for his own acts and those of his 
 subordinates. 
 
 The Brooklyn charter of 1882 was the first to introduce this "cen- Spread of the 
 tralized" system. The only officials chosen by the people were the Brooklyn 
 mayor, the controller, and the auditor. All other officials and boards ^^^ ^"^* 
 were appointed by the mayor. The example of Brooklyn has been 
 followed to some extent by most of the large cities that have adopted 
 new governments since 1890. 
 
 496. Other Elected Officials. — As most of our cities are Large num- 
 still the "non-centralized" type of government — the one bar m"non- 
 
 "' ^ ° centrahzed 
 
 first described in the previous section — we usually find cities, 
 that at municipal elections the list of persons chosen includes 
 a clerk, a treasurer, a tax collector, an assessor, an auditor, 
 an attorney, besides the judges. In general, the duties of 
 these oiBcials correspond to those of similar offices of the 
 county government, though they are apt to be a little 
 broader in scope. 
 
 In the "centralized" cities the auditor or controller is Auditor in 
 often the only executive official, besides the mayor, who '.' *^^,'^!'"^h 
 
 izcd cities^ 
 
 is elfected. He is given more power than the auditor in 
 the non-centralized type, forming, with the mayor, the 
 commissioners of public works, public safety, and health, 
 a board of estimate that has the sole right to introduce 
 financial bills which the council can reject, or amend only 
 by reducing the amount authorized. The appointment of 
 the tax collector, attorney, etc., in such a government is 
 given to the mayor, their terms of office being frequently 
 longer than his. 
 
4IO 
 
 The American Federal State 
 
 Recent at- 
 tempts to 
 classify 
 departments 
 more scien- 
 tifically. 
 
 Cf. Wilcox, 
 
 City Gov't, 
 193-214. 
 
 497. Administrative Departments. — Besides the depart- 
 ments, of which the persons just considered are heads, every 
 city has many others for the administration of the law. 
 As administration is so much more important than legisla- 
 tion in cities, the success of the government depends, to a 
 great extent, upon the organization of these departments. 
 Where little attempt has been made to remodel the mu- 
 nicipal system according to scientific principles, they are 
 very numerous and in no way related to each other; but in 
 the "centralized" cities some of the departments have 
 been abolished outright or consolidated, while some of 
 those remaining have been made into bureaus of two or 
 three grand departments. At the head of these grand de- 
 partments stands the department of public works, which 
 includes several bureaus, each of which by itself performs 
 duties of magnitude. Another instance is the department 
 of public safety, which looks after police, fire, and health, 
 and some other functions. If, as is the case in most of 
 these cities, the head of each bureau is fully responsible to 
 the head of his department, while the chiefs of the depart- 
 ments are, in the same way, responsible to the mayor, it is 
 possible to fix the blame for poor service and reward a 
 faithful official as he deserves. 
 
 Considerable discussion has been devoted to the usefulness of indi- 
 viduals or boards as heads of departments. Most cities retain boards 
 where deliberation is essential, or have a board to determine the policy 
 of the department and a chief to execute its wishes. 
 
 Boards aided 
 by chiefs. 
 
 Conkling, 
 Mun. Gov'ts 
 64-83. 
 
 498. Police, Fire, and School Departments. — All of these 
 departments are usually under boards, aided by heads called 
 chiefs or a superintendent. In about ten per cent of our 
 largest cities the police board is appointed and controlled 
 by the state; but the rule is for the council or mayor to 
 select the police and fire boards, but for the people to 
 choose the board of education, usually by wards, though 
 occasionally by a general ticket. The administrative heads 
 are then chosen by the board. 
 
The Municipality 411 
 
 Appointments upon the police, fire, and school forces Reform ofthe 
 are also made by the boards in most of the cities, and it "^^^ service 
 
 ^ in these de- 
 
 is the exception to demand fitness as the sole requirement partments. 
 
 in appointment or unfitness as the only one for removal. 
 
 The creation of better systems of civil service is one of the 
 
 crying needs of city government. 
 
 499. The Civil Service. — So long as administration is Why civil 
 almost the sole duty of cities, political opinions are not a ^^^^^^ ^^" 
 
 ■^ ' ^ ^ form IS in- 
 
 necessary qualification of employees for over ninety-five dispensable 
 
 per cent of the positions. Obviously, skill and experience ^'^^ s°°^ ^^^^ 
 
 government 
 should be desired above all else, and to obtain these we 
 
 must be prepared to give salaries that will attract ability, 
 and a reasonably permanent tenure to retain it. Until 
 recently civil service reform in the United States has been 
 confined to the national government, so that appointment 
 and promotion solely on merit have been rare in our cities, 
 while a change of almost the whole clerical force in a de- 
 partment has quickly followed the selection of a new head. 
 We have now in a few cities, and in three or four states, 
 civil service boards created for the purpose of giving com- 
 petitive examinations to applicants for positions, but 
 progress in this direction seems very slow. 
 
 500. Municipal Courts. — The larger cities invariably Organization 
 have courts whose jurisdiction is restricted to their limits, ^'^^ junsdic- 
 
 •' tion. 
 
 and which form but a part of the judicial system of the 
 state. Some of the older ones may still hold special cor- ™?J^ ^'i ?^ 
 poration courts, which were created long ago in the days 225. 
 when a municipality was a privileged body; but these have 
 practically disappeared. The courts usually have exclusive 
 original jurisdiction of all cases arising under city ordi- 
 nances, with appeal most of the time to a higher court. 
 They also try petit criminal and civil suits involving state 
 law. The judges are elected by the people of the city for 
 terms varying from one to fourteen years. 
 
 501. Two Sets of Functions performed by Cities. — The Administra- 
 work done by cities may be classified under two heads: ^^gj^ess 
 administrative functions and business functions^ It may funcUons. 
 
412 
 
 The American Federal State 
 
 Preparing 
 streets for 
 use. 
 
 Conkling, 
 Mun. Gov't, 
 111-137. 
 
 Maltbie, 
 
 Municipal 
 Functions, 
 I 14-126. 
 
 Abuse of 
 street privi- 
 leges. 
 
 not always be possible to separate those of one set from 
 those of the other, because many functions partake of the 
 nature of both. One characteristic that both classes of 
 functions have in common is the tendency to increase in 
 number and complexity. Half a century ago most of the 
 administrative duties of the present city were performed, 
 if at all, by the individual householders. It is not a great 
 many years since the inhabitants of most cities depended 
 upon outsiders for sprinkling their streets, for care of refuse, 
 for academic education, and for the care of the defective 
 classes. The same thing is true of the business, or, as some 
 term them, the socialistic functions. Where the city un- 
 dertakes to supply water, gas, or electricity, or to furnish 
 transportation, it does it with the hope of giving better 
 service rather than for the purpose of making profit, though 
 an addition to the sources of the city's revenue is never 
 unwelcome. 
 
 502. Care and Protection of the Streets. — Streets are usu- 
 ally laid out under the direction of the council, assisted by 
 the superintendent of streets. The cost is defrayed partly 
 by the people of the adjacent territory and partly by the 
 city. If the owners of the land refuse to sell, it is neces- 
 sary to resort to the right of eminent domain, which is con- 
 ferred by the state legislature for this purpose. The case 
 is tried in the suitable court, and if the contention of the 
 city is sustained the value is usually fixed by commis- 
 sioners appointed by the judge. Once cut through, the 
 street must be graded and, as it comes more into use, 
 paved. The expense of these operations and subsequent 
 care is borne partly or wholly by the adjacent property, 
 except for incidental repairs. 
 
 It is claimed, too often with just cause, that the contracts 
 let by the city are not well performed : that the city always 
 pays for more than it gets. The city is also careless in 
 allowing private parties and corporations to tear up the 
 streets in order to put in pipes that should have been laid 
 before the pavement was completed; but the most unfor- 
 
The Municipality 413 
 
 tunate part of street management is the way that franchises 
 to railways, water companies, and others have been given 
 away, although they conferred rights which should have 
 brought large sums into the city treasury. 
 
 503. Police Regulations. — The police duties of a city Scope of the 
 cover a field embracing such apparently unrelated subjects poii'^e po^er. 
 as the arrest and detention of criminals, the granting of Maltbie, 
 licenses, building of sewage systems, and a multitude of ^^-^^j' ^^-go. 
 other functions for the protection of the life, property, and 
 
 health of the inhabitants. The first of these occupies the 
 police force proper, and its importance increases in geo- 
 metrical ratio with the growth of the city. Licenses are 
 usually granted by the police board upon fulfilment of the 
 legal requirements, but their enforcement is intrusted to 
 the police force. 
 
 The problem of sewage disposal is usually a troublous and The sewage 
 expensive one. It is customary to have trunk sewers with P^° ^™" 
 suitably located outlets, into which many branch sewers Maltbie, 126- 
 empty at different points. The location of such sewer sys- 
 tems calls for the highest engineering skill, great foresight 
 as to future development, and considerable executive ability. 
 
 Every city has a health officer, who has charge of all Prevention 
 cases of infectious diseases and is empowered to use all \ll^l 
 necessary means to prevent the spread of the disease. In 
 
 ^ , . . Wilcox, City 
 
 seaboard cities he may find it necessary to quarantine ves- ^p^^v^ 28-32. 
 
 sels arriving from infected ports. So much more stringent 
 
 have the rules for the treatment of the whole subject become, 
 
 that epidemics are no longer to be dreaded as in former 
 
 times. 
 
 To prevent the sale of unhealthful or forbidden articles Food inspeo 
 of food, inspectors are appointed, who perform a valuable *^°°' 
 work in preventing dealers from selling tainted or diseased 
 meats, impure milk, etc. 
 
 504. Miscellaneous Functions. — Among other duties per- Educative 
 formed by most or all cities are certain ones done for the ative^actfv- 
 education or pleasure of the public. The establishment ities. 
 
 of free high schools, technical schools for manual training, 
 
414 
 
 The American Federal State 
 
 Maltbie, 98- 
 113- 
 
 Municipal 
 ownership of 
 water works. 
 
 Parsons, City 
 for People, 
 203, 204. 
 
 Maltbie, 125- 
 127. 
 
 Success of 
 
 municipal 
 
 ownership. 
 
 Increase of 
 
 electric 
 
 plants. 
 
 Maltbie, 159, 
 z6o. 
 
 free libraries, and art galleries are illustrations. Breathing 
 places, in the form of squares in the centres of dense popu- 
 lations, or large parks in the suburbs, are now thought 
 indispensable for a city of prominence. A very few furnish 
 museums or public baths. 
 
 505. Water Supply. — Among the business functions un- 
 dertaken by American municipalities, that connected with 
 the city's supply of water is the most universal. Less than 
 twenty per cent of large cities are now dependent upon 
 private companies, some of these having the right to pur- 
 chase the whole property at the expiration of the present 
 contract. Public ownership has, almost without excep- 
 tion, been more satisfactory than corporation service, and 
 represents a saving to the cities and the inhabitants. 
 
 One reason for this success is, in all probability, the 
 insignificant expense of operation. The first cost, how- 
 ever, is great, as the water is usually brought from a dis- 
 tance, enormous storage reservoirs are required, and an 
 extensive network of street pipes must be laid. Bonds are 
 issued for the payment of the amount, the interest charges 
 and running expenses being more than met by the income 
 from water used by individuals and business companies. 
 
 506. Gas and Electric Lighting. — Except in small places, 
 very little has been invested by the municipality for gas or 
 electric plants, the latter being much more common than 
 the former. The greater cost of operation, the lesser need 
 of a pure supply, and the state constitutional limitations 
 upon the amount a city may put into public works, all have 
 a deterring effect. Many of the cities that have electric 
 light works furnish both the inhabitants and the streets with 
 light, but most manufacture exclusively for the city's use. 
 Though they have been tried but a short time, municipal 
 ownership seems to have been a success. 
 
 But four cities with a population of over 25,000 each had public 
 gas works in 1900, and only a few small ones ; but of the cities with 
 5000 inhabitants nearly 100 had electric plants and 300 others fur- 
 nished their own electric lights. 
 
The Municipality 
 
 415 
 
 Ownership o 
 docks and 
 wharves, 
 
 507, Miscellaneous Business Enterprises. — Some cities 
 
 have for years owned docks, wharves, and other harbor and river 
 facilities. New York is constantly expending vast sums to improve 
 her water front, to which she has held the title for nearly two centu- 
 ries. Her docks not only pay a good interest on the money expended, 
 but have been of incalculable value in increasing the commerce of the 
 port. 
 
 A few municipalities have built railroads outside of their own bor- of railroads, 
 ders, but lease them to private corporations. Strange as it may seem, 
 none except Boston and New York have yet constructed street rail- 
 ways or subways, though the advantages of municipal ownership with 
 proper business management are pronounced, both because in our 
 cities transportation to the suburbs is indispensable, and because the 
 streets must be kept as far as possible free from the control of private 
 parties. 
 
 A few cities have municipal lodging-houses for unfortunate work- 
 men, and a small number have tried experiments with farms upon 
 which to give employment to those out of work. When properly 
 managed, these serve the double purpose of benefiting worthy per- 
 sons and keeping the city free from tramps and loafers. 
 
 of lodging- 
 houses. 
 
 508. The Granting of Franchises. — As public ownership Serious de- 
 has made so little progress in this country, the granting to ^^'^*^. ^^^ 
 corporations of franchises giving the right to supply water, remedied, 
 gas, electricity, transportation, or other necessaries becomes 
 so much the more important. Franchises are usually granted 
 either by the city council or the state legislature. If by 
 the former, the conditions under which a franchise is pos- 
 sible are described in the charter, and may be enlarged by 
 a separate state law. It has been customary to give fran- 
 chises for long periods without requiring anything in return; 
 then, as population has increased, the privileges conferred 
 by the franchise have become of enormous value. So often 
 has this happened that cities are now endeavoring to pro- 
 tect themselves by restricting the time for which franchises 
 are granted to fifteen or twenty years, requiring sale of 
 franchises to the highest responsible bidder, and prescrib- 
 ing a minimum per cent of the gross receipts obtained from 
 the business permitted, which shall be paid into the city 
 treasury. Where these limitations have not existed, there 
 
4i6 
 
 The American Federal State 
 
 Importance 
 of municipal 
 finance. 
 
 Wilcox, City 
 Gov't, 53-61. 
 
 General 
 
 property tax 
 and other 
 forms of in- 
 come. 
 
 has often been more or less corruption among the council- 
 men who have favored giving the franchise for nothing. 
 On the whole, it must be said that our municipalities have 
 not conducted this part of their business with economy, 
 and that the unfortunate reputation for municipal mis- 
 government that we have abroad is justified by the 
 facts. 
 
 509. Municipal Finance ; Sources of Revenue. — Finan- 
 cial questions are relatively much more important in cities 
 than in the states or the nation. A larger proportion of its 
 duties involves the payment of money than in either of the 
 others, while \\.^ per capita expenditures are six times those 
 of the states, and nearly double those of the nation. 
 
 The chief source of revenue is the general property tax 
 (§§ 5 S 7-5 90) levied upon all real estate and, presumably, 
 all forms of personal property. This furnishes about one- 
 half of the total income. The rest is made up chiefly of 
 licenses issued to liquor saloons and various other kinds of 
 business, fees paid for work done on papers, issued by the 
 city, fines paid by persons violating laws or ordinances, 
 amounts due from corporations for franchises, and water, 
 gas, or electric charges for whatever may be supplied by 
 the city's plant. Large sums are also raised by special 
 assessment upon property owners for improvements made 
 in the immediate neighborhood. 
 
 The city has no inherent right of taxation, that exercised being 
 derived from the state constitution or legislature. In former years the 
 power to levy taxes was frequently given only from year to year; but 
 almost everywhere it is now conferred by general law. 
 
 Expendi- 
 tures for 
 schools, 
 streets, 
 police, etc. 
 
 510. Items of Expense. — More is spent for the public 
 schools than for anything else, averaging about one-sixth 
 of the whole expenditure. The amounts assigned the street, 
 police, fire, and lighting departments are all large. The 
 pay of regular officials and their assistants is usually but 
 little smaller than those just mentioned. As the city always 
 owes a debt, and usually a large one, the interest account 
 
The Municipality 417 
 
 always has to be considered among the principal items. 
 In cases of municipal ownership the expenses of operation 
 must be included, while the wiser cities lay aside a sinking 
 fund to replace the machinery and buildings as repairs are 
 needed. 
 
 511. Municipal Debts. — We think of the national debt indebtedness 
 as being very heavy, but it is much smaller in proportion ^"^ invest- 
 to the wealth of the country than the city debts in proper- ™^^ ^' 
 tion to the value of their property. However, a larsre part ^°"^^"^S> 
 
 . . or' Mun. Govt, 
 
 of the municipal indebtedness is in the form of invest- 168-173. 
 ment, principally for water works; while a still larger part 
 was spent for public buildings, like city halls, schoolhouses, 
 jails, and fire engine houses. Although a great deal of the 
 money borrowed, as well as that raised by taxes, has been 
 wasted, the value of the city's property in most cases is 
 greater than the whole debt, so that the debt may represent 
 a saving to the city of rentals equal to the amount of interest. 
 
 Almost all states prohibit the increase of city debts beyond ten or Constitu- 
 
 in some cases five per cent of the assessed value of the property in the tional limita- 
 
 city. As stated above, vs^ater-works bonds are not counted. Where a ^^°"^ '^'^ ^°" 
 city desires to undertake any municipal enterprise, such as electric ^ ^ °^^^* 
 
 lighting, erection of docks, or construction of a street railw^ay system, Wilcox, City 
 
 such a limitation is an almost insuperable barrier, and one which, if Gov't, 89-91. 
 municipal home rule is desirable, should be so altered as to allovv^ the 
 people to invest in vv^hat they see fit. 
 
 512. Reform through Restrictions of the Suffrage. — inadvisabii- 
 Among the methods suggested for improvement of the city ity of prop- 
 finances, and indirectly for the reform of the city govern- cations!^ 
 ment, is one that suggests a sweeping change in the right ^ 
 
 of suffrage in all matters where money is directly involved. Mun. Prob- 
 It is proposed to have at least all purely financial officials ^^^■^' ^"^5- 
 elected by taxpayers or persons paying a fairly large rental, 
 and to keep the finances in the hands of the representatives 
 of these persons. However reasonable such a proposition 
 may seem, the practical difificulties appear insurmountable. 
 Without a complete reorganization of the city government 
 upon entirely new lines, it would not be possible to sepa- 
 
 2£ 
 
 151- 
 
4i8 
 
 The American Federal State 
 
 Need of per- 
 manently 
 organized re- 
 form move- 
 ments. 
 
 Need of 
 separating 
 state and 
 municipal 
 elections. 
 
 rate financial questions from others, if, indeed, it could be 
 done at all. To introduce a tax-paying or rental qualifica- 
 tion for city voters, while national and state elections are 
 open to all citizens, is scarcely to be thought of at present. 
 It is possible that the referendum, which is now used in 
 certain cities to obtain the consent of the voters before 
 money is borrowed, contracts are made, or franchises are 
 granted, may open the way to a suffrage for persons with 
 money interests only; but immediate reform through 
 restriction of the suffrage seems out of the question. 
 
 513. Municipal Reform through Popular Interest. — The 
 first step toward reform is really much simpler. It con- 
 sists in arousing and organizing the best elements of the 
 cities in order to insure the election of capable and honest 
 men, and to keep in close touch with the work of the city. 
 The municipality has very little to do with political poli- 
 cies, and nothing whatever with those policies that sepa- 
 rate the nation into two great political parties. It is taken 
 up with an immense amount of administrative detail, the 
 proper performance of which constitutes the chief feature of 
 good municipal government, but which is almost wholly 
 lacking in general interest. An extra effort is therefore 
 required to keep posted on how the city departments are 
 doing the work, — but an effort which European experience 
 shows is worth much more than it costs. 
 
 514. City and State Elections. — As the city has so little 
 interest in national and state issues, election of city officials 
 upon party lines is an almost unmixed evil. But as the 
 party organizations are practically the only ones, besides 
 the goverment itself, that exist within the city for politi- 
 cal purposes, it has been found impossible to have a non- 
 partisan municipal election at the same time that state 
 officials and congressmen are chosen. To remedy this 
 defect separate municipal elections are being held, which 
 render independent action easier, though they cannot keep 
 the powerful party machinery from constituting the most 
 important factor in the elections. But non-partisan move- 
 
in Mun. Pro- 
 gram, 157- 
 
 The Municipality 419 
 
 ments have been so strong, both East and West, that party 
 nominations in separate elections have lost much of their 
 offensive character. Whether results are to be permanent 
 depends upon the earnestness and effective organization of 
 the citizens. 
 
 515. Municipal Home Rule. — The reform in the organiza- Nature of the 
 tion of the city government and in the relation of the city ^°™^ '"^^^ 
 to the state is the most fundamental of all. The author °^^ ^ " 
 believes the second should precede the first. There must R°^^^- L. S 
 be a clearer definition of the exact field of municipal duties. 
 We need a better separation of the duties that affect the 173 
 city almost exclusively from those which the city govern- 
 ment performs, because it is a part of the government of 
 the state; more liberty for the city in the first sphere of 
 action, i.e. municipal home rule, and better control by 
 state authorities of the administration of state law within 
 the city. The ultimate form of the governmental organi- 
 zation is as yet too deeply imbedded in the future; yet it 
 seems safe to predict it will include both enlarged powers 
 for the city council and a considerable amount of executive 
 centralization. 
 
 QUESTIONS AND REFERENCES 
 
 General (§§ 488-492) 
 
 a. In Municipal Problems, Goodnow treats the relation of the 
 American city to the state (22-89), the English system of municipal 
 control (111-144), and the administrative control on the continent 
 (90-110). See also Wilcox, City Government, 72-114. 
 
 b. The general character of municipal government in England is 
 given by Shaw, Municipal Government in Great Britain, 30-37; in 
 France, in his Municipal Government in Continental Europe, 165- 
 185 ; of German cities, ibid., 306-322. 
 
 1. Compare the position of the American city with that of the 
 European. In what respects has it more liberty of action ? In what 
 less ? 
 
 2. Is it true that a city is nothing but a business corporation, or is 
 it more of a public corporation existing for purpose of government ? 
 
420 The American Federal State 
 
 3. What are the objections to having charters adopted by the cities 
 without ratification by the legislature ? Why ought both the city and 
 the legislature to have something to do with charter-making ? 
 
 i. What was the population of your city at the last census ? What 
 the per cent of growth during the previous decade ? What per cent 
 were foreign born ? Native born, of foreign parentage ? From what 
 countries have most of these come ? What is the area of your city ? 
 
 ii. What date does your present charter bear ? How was it ob- 
 tained ? Did any prominent citizens have anything to do with it ? 
 Does it give the legislature any right to appoint a police board or 
 other officials or to remove any ? May the legislature alter it at will ? 
 May the legislature grant franchises or directly control expenditures 
 under it ? 
 
 Government (§§ 493-500) 
 
 a. For purposes of comparison the following frames of government 
 maybe considered: in Conferences for Good City Government (1894- 
 1895), on "Minneapolis," 93-104; "Milwaukee," 119-124; "NewOr- 
 leans," 407-417; ibid. (1896), on "Pittsburg," 146-161; A. Shaw, on 
 "St. Louis," in Century, LII (1896), 253 et seq., and on "San Fran- 
 cisco," R. of R., XIX (1899), 569-575; Bugbee, on "Boston," in 
 J. H. U. S.y V, 1 16-126; S. Low, on "Brooklyn," in Bryce, 434-439. 
 
 b. Compare the American mayor with the heads of European cities 
 as given by Shaw, Municipal Government in Great Britain, 58-63; 
 Shaw, Municipal Government in Continental Europe, on "French 
 Mayor," 172-180; on "German Burgomaster," 313-315, 317-320. 
 
 1. Why is concentration of power in the hands of the mayor be- 
 lieved to give better government ? Is there any present instance of 
 real council government in the United States ? in England ? on the 
 continent ? If so, is it successful ? 
 
 2. Summarize carefully the advantages of election by the city at 
 large. To what kinds of bodies may it be applied ? Is it advisable 
 to choose part of a council on a general ticket and part by wards ? 
 
 i. How many members in your council ? When and for what term 
 are they elected ? By what method, — general ticket, or ward ? Are 
 its powers enumerated ? What are the principal ones exercised ? 
 What is the reputation of the council for ability and integrity ? 
 
 ii. Is power centralized in the hands of the mayor ? What is his 
 term ? his salary ? Whom does he appoint ? May he be removed ? 
 If so, how ? Have your mayors been among the best men of the city ? 
 What official positions did the present mayor occupy before election ? 
 
The Municipality 421 
 
 iii. WTiat officials or boards are elected by the voters? Do you 
 have the board or individual system for departments ? How is the 
 responsibility enforced ? How are teachers appointed? removed? 
 Have you any civil service rule ? To what extent is it the custom to 
 change the appointed forces with each administration ? 
 
 Functions and Finance (§§ 501-5 11) 
 
 a. Maltbie, Municipal Functions, summarizes the municipal efforts 
 to furnish gas and electricity, 155-162. For fuller treatment, see Shaw, 
 Great Britain, 199-203; Continental Eiirope, on " Paris," 45-54, and 
 on " German Cities," 346-350. American experience is given in Bemis, 
 Municipal Monopolies, chaps. II, III, VIII. 
 
 1. To whom do the streets belong ? Has any one a right to grant 
 perpetual franchises upon them ? In what kinds of cities is it most 
 necessary that the life of franchises be short ? Do most American 
 cities belong to this class ? 
 
 2. Is not public ownership naturally desirable ? ^^aly has Europe 
 gone farther than we in municipal enterprises ? What characteristics 
 of our city government hinder a great extension of municipal func- 
 tions ? How can these last be remedied ? 
 
 3. How do American compare with European cities in cost of gov- 
 ernment ? sources of revenue ? amount of debt ? and efficiency of ser- 
 vice? 
 
 i. Who has the power to lay out your streets ? What percentage 
 of the cutting through, of grading, of care, is paid by the abutting 
 property ? Do the car companies of your city pay for paving part of 
 the streets on which they run ? What part ? 
 
 ii. How does your water supply compare in quality and price with 
 that of other cities of the same size ? Does the city own the water 
 plant ? If so, when was it bought or completed ? What did it cost ? 
 What is the sum total of the interest or investment, pajnment for sala- 
 ries, cost of replacing worn out materials, and other running ex- 
 penses ? Does it equal or exceed the income from water rates? 
 What was spent last year for new lines of pipes and other forms of 
 investment ? 
 
 iii. By what authority are franchises granted ? Is there a legal 
 maximum time limit on them ? Is there a minimum per cent for 
 railways ? What has been the experience in the past regarding the 
 sale of franchises ? 
 
 iv. WTiat is the assessed valuation of city property ? the rate ? the 
 total tax levy ? the whole amount of revenue from all sources ? Give 
 
422 The American Federal State 
 
 the sums spent for schools, lighting, police, fire department, interest, 
 etc. What is the debt of the city ? What per cent of interest does 
 most of it bear ? What is the value of all city property, and of what 
 does it consist ? (Finance Reports.) 
 
 Municipal Reform (§§ 512-515) 
 
 1. In what ways may universal suffrage be said to be responsible 
 for the evils of city government ? What are the principal objections 
 to a property or rental qualification for voters ? 
 
 2. Show why the influence of political parties upon management of 
 city affairs has not been good. Is independence of the parties possi- 
 ble ? Why are cities rather than counties and states subject to "ring" 
 rule ? 
 
 3. In what does municipal home rule consist ? Give a few facts 
 which show that we do not have home rule now. How can it be 
 obtained ? 
 
PART III 
 POLICIES AND PROBLEMS 
 
 CHAPTER XXII 
 
 SUFFRAGE AND ELECTIONS 
 General References 
 
 Qeveland, Growth of Democracy y 128-156, 285-306, 394-411. His- 
 torical and critical. 
 
 Colby, J. F., in Lalor, under " Suffrage." 
 
 Haynes, "Qualifications for Suffrage" (/*. S. Q.), XIII, 495-512. 
 
 State Constitutions, article on " Suffrage and Elections." 
 
 Political Codes, under Elections. 
 
 Commons, Proportional Representation. The best book on the subject. 
 
 Parsons, The City for the People 255-386, 474-504. Favors initiative 
 and referendum. 
 
 Cree, Direct Legislation. 
 
 Oberholtzer, The Referendum in America (the second book of that 
 name). A judicious and scholarly book. 
 
 Periodical literature, indexes under Suffrage, Franchise, Elections, 
 Ballot Reform, Australian Ballot, Corrupt Practices, Proportional 
 Representation, Initiative, Referendum, Direct Legislation, etc. 
 See also United States. 
 
 516. Historical Changes in the Suffrage. — No other sub- Coiby, j. P., 
 
 ject of state activity has so influenced the history of our ^^ Lalor, III. 
 
 country as the suffrage. Some of the changes have been Thorpe, F. 
 
 mentioned in Part I, but we may distinguish certain steps ^g'f.'^x(^v 
 
 in the evolution of the manhood suffrage of the present day. (1897), 207- 
 
 (i) During the seventeenth century there existed a very ^^5- 
 
 423 
 
teenth cen^ 
 tury, 
 
 424 The American Federal State 
 
 Cf. Appendix decided lack of uniformity in the franchise requirements 
 F, Table I. ^^ ^^ different colonies. In some parts of the country 
 The seven- every white male adult had the right to vote, but the right 
 turv *^^^' ^^^ little used. In other parts property was the basis of 
 the suffrage, and in the North religious qualifications were 
 the only important ones. 
 The eigh- (2) Before the eighteenth century most of these differ- 
 
 ences had disappeared, and in all of the colonies the man 
 with land of a certain value or extent was the only voter. 
 The example of England and the pressure brought to bear 
 by the English government account for the new condition 
 of affairs. 
 From 1775 to (3) The half century subsequent to the Revolutionary War 
 ^ ^^' witnessed the breaking down of these barriers of property, 
 
 and the substitution of citizen suffrage in the newer states 
 and of taxpayers' suffrage in the older. 
 From 182510 (4) Extensions of the elective franchise occurred with 
 1870. gygjj greater rapidity for the next forty years. Residence 
 
 was really the only thing demanded in a large part of the 
 West, and some of the less conservative sections admitted 
 aliens who expected to become naturalized on an equal 
 footing with citizens. At the close of this period the 
 nation, as a whole, by the fifteenth amendment (1870), 
 made it obligatory for all of the states to grant negroes the 
 right to vote on the same terms as the whites. 
 Since 1870. (5) Since 1870 great progress has been made in placing 
 
 suffrage upon a safer basis. Citizenship has become a 
 more universal requirement, with a tendency to demand 
 that no person shall be allowed to vote if naturalized within 
 a certain time before election. The list of persons dis- 
 qualified because intellectually or otherwise incompetent 
 grows longer year by year, an especial effort being made 
 in the South to exclude the least fitted blacks without vio- 
 lating the national Constitution. At the same time dis- 
 criminations regarding sex are less pronounced, the 
 standards for women, when they are allowed to vote, 
 being the same as those for men. 
 
Suffrage and Elections 425 
 
 517. Condition of the Suffrage at Present; Citizenship and Alien voters. 
 
 Residence. — It must be continually borne in mind that the yoxA Amer 
 
 elective franchise is not a right of citizenship, but a politi- Citizen's 
 
 cal privilege conferred upon individuals by the states, ^'^^"^^' 
 
 within limitations that may be prescribed by the nation. 
 
 Just as the states allow aliens to hold and dispose of prop- j/™^^' ^ ** 
 
 erty, to sue and to be sued, to act as jurors, and do many 144 (1887), 
 
 other things that really belong only to citizens, so they have ^98-306. 
 
 in many cases permitted foreigners to help in the selection Haynes, in 
 
 P S O XIII 
 of public servants. As the character of the immigrants to (i898),'49S- 
 
 this country has changed during the last fifteen years, the 512. 
 
 dangers arising from this course have been more evident 
 
 and have aroused the people to exclude aliens from voting, 
 
 so that now in but twelve states can persons who have 
 
 declared their intention to become citizens vote on any 
 
 question. 
 
 Every state makes a certain period of residence a pre- Residence 
 requisite to voting. This is usually one year within the ^^quire- 
 state, but may be as high as two years or as low as six 
 months. Maine, in fact, requires but three months, but 
 demands the same period within the town as for the 
 state at large. Most of the other states have residence 
 qualifications for counties, towns, and precincts, in order 
 that voters may be reasonably familiar with local interests, 
 and that election officials may have opportunity to prevent 
 fraud. 
 
 518. Special Restrictions. — As good government is im- Educational 
 possible without intelligence on the part of the voting popu- °^ property 
 lation, tests of educational fitness have been applied in a 
 constantly increasing number of states. Connecticut led ^fg^^^fum 
 the way, in 1855, by insisting upon ability to read or write. 120-125. 
 Massachusetts followed, two years later, by barring out ^f Appendix 
 those who could not read or write in English. Her exam- F, Table ii. 
 pie has been followed by California, Maine, Wyoming, 
 Delaware, and Connecticut. Mississippi, in 1890, pro- 
 vided that if a man could neither read the constitution nor 
 understand it when read, he could not vote. South Caro- 
 
426 
 
 The American Federal State 
 
 Bruce, 
 Rise of 
 New South, 
 
 447-453- 
 
 Tax qualifi- 
 cations. 
 
 Common 
 
 disqualifi- 
 cations. 
 Cf. Appendix 
 F, Table II. 
 
 Woman suf- 
 frage in state 
 and local 
 elections. 
 
 Sumner, 
 Equal Suf- 
 frage, 1-5, 
 211-213, 
 258-260. 
 
 Bliss (ed.), 
 New Encyc. 
 of Social 
 Reform, 
 1295-1303- 
 
 lina, five years later, adopted the Mississippi method, but 
 did not deprive those who owned property assessed for at 
 least ;^300, even when they were not intellectually quah- 
 fied. Louisiana (1898) and Alabama (1901) embodied 
 in their constitutions provisions similar to those of South 
 Carolina. Georgia (1908) did the same. North Carohna 
 (1900) and Virginia (1902) excluded those who could not 
 read or write in English, but all of those southern states 
 except the first two exempt most native and alien whites 
 from the tests. The educational test, though far from per- 
 fect, is the best one yet devised. 
 
 Many of the states do not allow people to vote who have 
 failed to pay taxes assessed upon them. A few permit only 
 property owners to decide questions involving finance ; but, 
 since Rhode Island abolished her quahfication of ^134, 
 in 1888, property qualifications, as such, have not existed. 
 The attempt to apply satisfactory tax requirements so as to 
 debar citizens who lack interest in affairs of state, has been 
 a little difficult for this reason : political parties have gladly 
 paid the delinquent tax in return for continual allegiance, 
 and the provision has thus often worked for worse, instead 
 of better, government. 
 
 The most common disqualifications are mental incompe- 
 tence and conviction without pardon for an infamous crime. 
 A few states debar inmates of public institutions, especially 
 in local elections. 
 
 519. "Woman Suffrage. — During the last half century a 
 notable work has been done by active and well-organized 
 forces to obtain greater justice for women in the courts and 
 recognition at the polls. There is scarcely a state which 
 has not at some time submitted to the people a constitu- 
 tional amendment giving women the same voting rights as 
 men. These efforts have produced results of two kinds : 
 (i) In twenty-two states a limited suffrage has been granted, 
 covering usually school and library elections, but in Kansas 
 including all those in cities as well. (2) Five states make 
 no distinction whatever between men and women as elec- 
 
Suffrage and Elections 
 
 427 
 
 and direct 
 legislation. 
 
 tors: Wyoming, which has had woman suffrage since 1870, 
 Colorado (1893), Utah (1895), and Idaho (1896). 
 
 520. Improved and Suggested Means of ascertaining the in elections 
 Popular Will. — Not only has there been a decided tendency 
 toward placing the suffrage upon a more substantial basis, 
 but what was equally necessary, laws have been passed for 
 
 the purpose of registering more accurately the wishes of 
 the people. These cover almost the whole field of elec- 
 tions, including the registration of voters, the ballot, quali- 
 fications of candidates, with checks upon them to prevent 
 the use of money for corrupt purposes. They go farther 
 and seek to perfect means of expressing the popular will. 
 Proportional and minority representation have been pro- 
 posed and, to some extent, used to limit the undue power 
 of majorities. The referendum and the initiative have 
 been extended to permit voters to express their preferences 
 directly upon different parts of legislation. A beginning 
 has also been made in the control exercised over political 
 parties, especially in connection with primary elections, 
 but incidentally for the purpose of obtaining better 
 nominations. 
 
 521. Preelection Requirements. — Almost all of the states Registration, 
 now require registration of the voters a definite time before 
 
 each election, at least in the larger cities. The need of 
 having a list of voters, which might serve to prevent double 
 voting, was especially manifest in those cities where popu- 
 lation was particularly dense. As the election officers could 
 not be acquainted with a large proportion of the voters, it 
 was possible for men to vote in more than one precinct 
 without being easily detected. Under a strict registration 
 law proofs of naturalization are always required, and no 
 person can register in more than one place with impunity. 
 Naturally, he can vote only in the precinct where he resides, 
 and there is no difficulty in preventing his voting more 
 than once at the polling booth. 
 
 The reform of elections is interwoven with the control of Primaries, 
 primaries and the subsequent influence upon party nomina- 
 
428 
 
 The American Federal State 
 
 Qualifica- 
 tions for 
 office. 
 
 Stimson, 
 Amer. 
 
 Statute Law, 
 I, §§ 220-223. 
 
 History of 
 the ballot. 
 
 Spofford, A. 
 R., in Lalor, 
 I, 197-199- 
 
 Introduction 
 of the Aus- 
 tralian 
 ballot. 
 
 tions. The discussion of this all-important subject is postv 
 poned because it properly belongs to the control of parties 
 
 (§§549-551)- 
 
 Qualifications of office-holders elected by the people are 
 
 prescribed by many state constitutions, but there is little 
 
 uniformity in the requirements throughout the country, 
 
 except in forbidding any person to hold two positions of 
 
 profit. 
 
 522. The Ballot. — For half a century voting by ballot 
 has been practically universal in the United States. Vir- 
 ginia and Kentucky were the last states to discard the older 
 form of viva voce voting, the latter within a few years. 
 The ballot was first introduced in the Puritan colonies in 
 the seventeenth century, and at the time of the Revolution- 
 ary War was in use in more than one-half of the states. It 
 was gradually adopted by all of the others, but until re- 
 cently was very imperfect in form. Separate ballots were 
 usually printed for each party, there being no special uni- 
 formity and practically no state supervision. The ballots 
 were deposited in boxes which might be kept by the elec- 
 tion officers where they pleased. There were few safe- 
 guards to prohibit a person from voting "early and often," 
 so that " stuffing " the ballot box and altering the returns 
 were common to an extent almost incomprehensible to-day. 
 As party workers were allowed to come into the polling 
 places with voters, they had little difficulty in ascertaining 
 which way the man voted. Intimidation was therefore 
 common, and bribery was considered as a matter of course 
 in all close elections. So great was the need of change 
 that it is surprising that the abuses were endured so long, 
 but the avidity with which the states adopted ballot reform 
 within the closing decade of the nineteenth century shows 
 that everywhere the times were ripe for improvement. 
 
 523. Ballot Reform. — A modification of the ballot used 
 in Australia has been adopted by practically all of the 
 states. It was introduced first in Massachusetts, in 1888, 
 and proved so satisfactory that the popular demand for it 
 
Suffrage a7id Elections 429 
 
 was irresistible. All of the names of candidates appear Wigmore, 
 
 upon a single large sheet, which is printed by proper ^"•^^^'»^^^» 
 
 authorities. Copies of this are usually distributed to the 
 
 voters before election so that they may become familiar 
 
 with all of the persons nominated for ofifice. The names 
 
 are arranged in one of two ways : (i) All of the candidates 
 
 for each office are grouped together, with a blank square 
 
 left after each name. The voter indicates his choice by 
 
 making a cross in the space opposite Jthe name of the one 
 
 for whom he wishes to vote. If he marks two names for 
 
 one office, he loses his vote, as he does if he fails to place 
 
 a cross opposite any name. (2) All of the nominees of 
 
 each party are placed in a column by themselves, a blank 
 
 space being left after each name and at the head of the 
 
 column. If the voter desires to vote a "straight ticket," 
 
 i.e. for members of one party only, he places the cross 
 
 opposite the name of the party, otherwise he must mark 
 
 the individuals of his choice. It is perfectly evident that 
 
 the second method makes it easier to vote a strict party 
 
 ticket. 
 
 524. Polling the Votes. — The polling places are selected How votes 
 by the authorities: and election officials, including usually ^^^^^^t- 
 
 ; . ° ^ counted, and 
 
 clerks to keep records of the persons voting, and judges and canvassed. 
 inspectors to take charge of the polls, are all chosen accord- -p ^ > 
 ing to law. Each party is permitted to have "watchers," Citizen's 
 who are allowed to be present when the votes are cast and ^^<^^^^^^ 
 counted, and who may challenge any voter. Where proper 
 regulations have been adopted, no partisan worker is 
 allowed to remain within a certain distance of the polls, 
 so that it is difficult to control any voter directly. 
 
 The voter gives his name to a clerk, who looks it up in 
 the register while others record the name and address and 
 the number of the ballot given the voter. In a small booth, 
 perfectly secluded, the persons of the voter's choice are 
 indicated, the ballot is folded, and then handed to another 
 official, who first tears off the number and calls it out so 
 that the recording clerks may note that the person has 
 
430 
 
 The American Federal State 
 
 Attempted 
 prevention of 
 bribery and 
 corruption. 
 
 Cf. McCook, 
 J. J., on 
 Venal Voting, 
 in Forum, 
 XIV (1892). 
 
 Justice of 
 proportional 
 representa- 
 tion. 
 
 Commons, 
 Prop. Repre- 
 sentation, 
 86-98. 
 
 voted, then deposits the ballot in the box prepared for it. 
 The polls are usually open from sunrise to sunset or 
 from 6 A.M. to 6 p.m., but never for more than one day. 
 When they are declared closed, the inspectors count the 
 votes and send the announcement of the vote, with the 
 ballots, to the proper authorities. These announcements 
 are called the unofficial vote. The ballots are afterward 
 counted, or canvassed, by designated state or county offi- 
 cials, and then the official vote is given out sometime after 
 the election. 
 
 525. "Corrupt Practices" Acts. — Unless bribery can 
 be prevented, all regulations are useless. One object of 
 changes in the ballot and election laws has been to reduce 
 the opportunities for buying votes, and to make their sale 
 unprofitable. Some states have gone farther, and require 
 all candidates to make, under oath, an itemized account 
 of all moneys expended by them in connection with the 
 campaign. The futility of these provisions to attain the 
 end intended is acknowledged on all sides. So long as 
 practically all of the campaign expenses are borne by the 
 various party committees (§§ 542-545), and these com- 
 mittees are not obliged to show for what the money was 
 expended, the result cannot be satisfactory. If suitable 
 laws can be enforced, it will mean a very great gain for good 
 government; but the control of the financial affairs of the 
 political parties is a task of no little difficulty. 
 
 526. Plans actually used for Minority Representation. — 
 The end in view in the adoption of the election safeguards 
 just mentioned is "a fair ballot and an honest count " ; but 
 a reform more radical in its attempt to give a truer repre- 
 sentation is that embodied in what is known as proportional 
 representation. The injustice of compelling good-sized 
 minorities year after year to be without a fair representa- 
 tion in the government, and perhaps without any, or pos- 
 sibly without the prospect of obtaining any, should appeal 
 to the average American as in opposition to the spirit, if 
 not the form, of our institutions. Nevertheless, little use 
 
Suffrage and Elections 431 
 
 has been made of any plans for representation of different 
 political views in proportion to numbers of those holding 
 them, although many such plans have been suggested. 
 
 To a limited extent the "cumulative" vote and the The limited 
 " limited " vote have been adopted. The limited vote is ^°^^' 
 used in the following way; if there are eight members of 
 a board of education to be elected on a general ticket, 
 i,e. by the city at large, then, by the limited vote method, 
 each voter may cast his ballot for five, but no more. In 
 practice this has led each party to nominate only five 
 candidates, the majority party electing its five and the 
 minority party the three highest on its ticket; but the voter 
 has been able to choose from only ten names for eight posi- 
 tions, unless independent candidates are in the field, so that 
 the character of the nominations has not been improved. 
 
 The cumulative vote also requires a district large enough The cumuia- 
 so that several persons are elected from it. Each voter has 
 as many votes as there are offices to be filled, and he may 
 cast all of these for one person or for different persons, as 
 he likes. This is the Illinois method already described 
 (§ 281). The principal objection to it is that the minority 
 party is often able to choose a majority of the representa- 
 tives, because some candidates are sure to have a good 
 many more votes than they need, and these are wasted. 
 
 527. Improved Proportional Representation. — Other plans. Prof. Com- 
 theoretically more perfect, are so complicated that they are "^^"^ ^ ^^^^' 
 practicallv useless. The one which seems most likely to Commons, 
 
 , , • i_ 1- • Prop. Repre- 
 
 prove satisfactory uses the cumulative vote, but combines ^gntation, 
 other features with it. Each party nominates a ticket of 105-114. 
 candidates equal in number to the offices to be filled or cf. Good- 
 a less number. Independent tickets are also permitted. no^,Mumc- 
 
 • • J tpal Prob- 
 
 The elector has as many votes as there are positions, and ;^^j_ j^^, 
 he may place those where he pleases, cumulating them or 167. 
 not as he prefers. When the ballots are counted, the total 
 vote cast for all the candidates is divided by the number 
 of offices, and the resulting quotient gives the number of 
 voters that will elect one candidate on the average. This 
 
432 The American Federal State 
 
 quotient is divided into the whole vote cast for each ticket, 
 and the number of representatives to which each ticket is 
 entitled is thus obtained. Those standing highest on each 
 ticket which is entitled to representatives are elected, the 
 number of representatives of course depending on the 
 ticket's vote. 
 Use with con- 528. The Referendum. — The referendum, or popular 
 stitutions, ratification of laws, has existed, in some form, within the 
 
 state and . ' ' ' 
 
 local laws. United States smce the period of the Revolution. It was 
 
 Cleveland ^^ ^^^^ restricted to constitutions, with constitutional 
 
 Democracy, amendments added but little later. Before 1840 it had 
 
 177-190. 210- i^een introduced in connection with certain local laws passed 
 241. 
 
 by the state legislature, which became vahd if approved by 
 
 a specified per cent of the voters in the district to which 
 the law applied. For example, the vote of a county may 
 be necessary upon such subjects as the division into two 
 or more counties, location of the county seat, the sale of 
 bonds for various objects, and upon the sale of liquor. In 
 many states cities are never incorporated without popular 
 vote, nor are districts annexed to a city without their con- 
 sent. More and more the city councils are being restricted 
 in the appropriation or borrowing of money, unless they have 
 first called special elections and obtained the consent of the 
 voters. In 1909 twenty per cent of the states permitted 
 the voters to use the referendum for state laws and the num- 
 ber is increasing constantly. 
 
 Rarely, if ever, does the vote on any question affecting 
 state constitutions, charters, or local laws equal that for the 
 choice of officials at the same elections, and usually from 
 one-quarter to three-fourths of the voters fail to record their 
 preferences. 
 Limited use 529. The Initiative and the Recall. — The initiative is 
 of the initia- ^^ j.|g]^|. ^f ^ certain portion of the voting population to pro- 
 pose laws. There are two forms in this country : the one 
 ^forTedph^ Uttle more than a petition by which the legislative body is 
 279-283. compelled to act upon some subject desired by the people; 
 
 the other demanding a vote, not of the legislature, but of the 
 
Suffrage a7id Elections 433 
 
 people, upon the proposed measure. By the second, or Oberhoitzer, 
 Swiss, method, the legislature simply submits the measure to ^^f'^'^dum, 
 popular vote. Like the referendum, the initiative is the ^ ^~^ ^' 
 natural, almost inevitable, product of democracy, and comes i^^^"^^^' ^" 
 nearer to giving government by the people than anything Quar'., 23* 
 outside of the tov/n meeting yet tested. An early instance ^^^oS), 577- 
 of its use is furnished in the method of amending the first 
 constitution of Georgia (1777). This could be done only 
 by a convention called on petition from a majority of the 
 voters in a majority of the counties. But the initiative has 
 not thrived like the referendum, and is in use comparatively 
 little at the present time, although in 1909 seven of the 
 western states permitted their voters to propose state laws. 
 Oregon is the only state that has made a real trial of the 
 process for state legislation, but in that state it has been very 
 satisfactory because of popular interest. Many cities use 
 the initiative for proposing ordinances and charter amend- 
 ments, while the petition initiative has been used for gen- 
 erations in connection with local government. 
 
 A comparatively new method of forcing elected officials The recall. 
 to observe the wishes of their constituents is the "recall." schaffner, 
 When an official has failed to do as his people wished, the M. A., in Pol. 
 recall permits a certain percentage of the voters in his dis- fxc^),l^^x, 
 trict to ask for another election in which the incumbent 
 must compete on equal terms with other candidates if he 
 wishes to retain his position for the remainder of the term 
 for which he was elected originally. The recall has not 
 been adopted extensively, but is an effective although rather 
 dangerous instrument for enforcing responsibility. The 
 problem would be less serious than it is, if more care and 
 interest were taken in selecting officials. 
 
 530. Advantages of Direct Legislation. — The indirect Referendum 
 influence of the referendum can only be imperfectly esti- ^^ ^ ^^^^^ 
 mated, but it has certainly acted as a serious check upon Jl'tiveror^' 
 constitutional conventions and more permanent legislative people. 
 bodies. Moreover, it has educated the people concerning 
 the nature of our poHtical institutions, because they are 
 
 2F 
 
434 
 
 The American Federal State 
 
 Parsons, 
 
 City for 
 People, 2j^~ 
 278, 362-370. 
 
 Referendum 
 in financial 
 matters. 
 
 Good influ- 
 ence of the 
 initiative. 
 
 Law-making 
 requires 
 special train- 
 ing. 
 
 more interested in those things in which they take part. 
 When used for local affairs it guarantees local autonomy 
 under general state laws which assure a certain necessary 
 degree of uniformity. So long as it acts in this way as a 
 conservative force, dealing solely with matters of impor- 
 tance, it possesses a marked value for both the people and 
 the government. 
 
 Where it takes the final decision on matters of finance 
 out of the hands of county boards, city councils, or boards 
 of public works, it effectually prevents the official corrup- 
 tion which has become so common in these days. If the 
 granting of franchises is always subject to popular vote, 
 there is less danger that corporations can influence the 
 government to their own advantage. Until we shall reach 
 that desirable condition where not even a fair proportion 
 of our representatives "have their price," popular partici- 
 pation directly in the affairs of the government, whether for 
 city finance or senatorial elections, will be sought as the 
 great remedy for political ills. 
 
 The initiative gives opportunity to force legislative 
 assemblies to respect public wishes, for it may demand a 
 popular vote on the subject presented. The introduction 
 of measures in all our legislatures is comparatively easy, 
 though after introduction it is difficult to compel considera- 
 tion; but the very existence of a means to pass laws without 
 consulting the legislature makes that body chary of ignor- 
 ing bills that are likely to become laws through the initia- 
 tive and the referendum. To protect its own powers and 
 preserve its dignity, the assembly is therefore likely to 
 itself approve bills that the people desire. For this reason 
 it becomes a more truly representative organization. 
 
 531. Disadvantages of Direct Legislation. — There is a 
 vast difference between the referendum and the initiative 
 as popular checks upon the government and as means of 
 actual legislation. The business of government, like any 
 other business, requires full knowledge, careful training, 
 and wide experience. There are certain features of it that 
 
Suffrage and Elections 435 
 
 every adult citizen ought to understand, but to expect that Lowell, A. u 
 
 in At. Mo. 
 LXXIII 
 
 each one is fitted to properly perform the duties of law- 
 making is more than unreasonable — it is ridiculous. (i894)752o- 
 
 The whole number of electors may be able to pass judg- 526. 
 ment upon some questions, but the rest should be left to 
 trained public servants. If this is not done, the law will 
 lose in unity and in character just in proportion as it 
 becomes popular. 
 
 A second defect is closely connected with the first. Direct legis- 
 When the functions of government are assumed by the ^^*^°^ ^^"^^^ 
 
 . to poorer 
 
 people, and less dependence is placed on the legislatures, legislatures, 
 less and less care is taken to secure suitable persons to make 
 the laws. The truth of this statement is shown in the com- 
 position of our state legislatures and city councils, both of 
 which have been shorn of many powers during the last half 
 century. An extension of direct legislation will aggravate 
 these evils, already serious. 
 
 QUESTIONS AND REFERENCES 
 
 The Suffrage (§§ 516-519) 
 
 a. Follow the changes in the qualifications for voters in England 
 during the nineteenth century by consulting Wilson, The State, §§ 
 894-900, 962, 992 ; Rose, Rise of Democracy, 49, 178-180, 200-210 ; 
 Fielden, Constitutional History, 131-135 ; Taylor, English Constitu- 
 tion, II, 527-538. 
 
 1. Is it a modern political doctrine in the United States that adult 
 men have an inalienable right to vote ? Why are the voters as a whole 
 always opposed to an extension or restriction of the suffrage ? Prove 
 from history whether changes have been brought about principally by 
 agitation from without or feeling within the ranks of the voters ; and 
 if at any time within, why the change was desired. 
 
 2. Compare the advantages of property, religious, educational, or 
 other tests with those of manhood suffrage. 
 
 3. Give arguments for and against woman suffrage. In ascertaining 
 whether women should be given the franchise, should a vote of the 
 women not be taken ? Is it probable that any or many of the adverse 
 majorities of the past would have been reversed by such a proceeding 
 if the women's vote had been binding ? 
 
436 The American Federal State 
 
 i. What amount of property or land was ordinarily required in 
 colonial times ? When did the abolition of property tests begin and 
 in what state ? What ones had adopted manhood suffrage by 1815 ? 
 by i860 ? Appendix F, Table I. 
 
 ii. What state has the most liberal provisions for voters ? What 
 one the most restrictions ? Where are the states located that permit 
 prospective citizens to vote ? How many ask the prepayment of taxes ? 
 
 iii. What was the suffrage provision of your first constitution ? Trace 
 the changes from then to the present. Who may vote in your state 
 now ? Who are expressly disqualified ? (State Constitution.) What 
 percentage of the qualified electors failed to vote on the last presiden- 
 tial election ? the latest local one ? 
 
 Control of Elections (§§ 520-525) 
 
 1. Would there be any advantage of holding national elections on 
 different days for different parts of the country ? Why should they be 
 restricted to a single day ? 
 
 2. Should an election board ever be composed entirely of a single 
 party ? If so, why ? Are there any reasonable objections to compel- 
 ling campaign committees to report their expenses ? to restricting the 
 amount they may spend ? 
 
 i. When was a reform ballot introduced in your state ? What is 
 the form used ? How may nominations be made under it ? Are com- 
 plaints of abuse common ? 
 
 ii. In what precinct do you live ? How large is it ? How many 
 voters does it contain ? Where is the usual polling place ? Have 
 ballot machines ever been tried ? 
 
 Proportional Representation (§§ 526-527) 
 
 1. Can we have proportional representation without election upon 
 a general ticket ? Would election of representatives in the House of 
 Representatives or in either branch of the state legislature be as satis- 
 factory by large districts each of which choose several members as the 
 present method seems to be ? Are the greatest difficulties in intro- 
 ducing proportional representation theoretical or practical, and what 
 are they ? 
 
 2. Would not proportional representation lead to better govern- 
 ment even if the character of the candidates was not greatly improved ? 
 Name at least two reasons why the tendency would be to get better 
 men. 
 
Suffrage and Elections /i^-i^y 
 
 Direct Legislation (§§ 528-531) 
 
 a. On the future of democracy, compare the views given by Macy, J. 
 "Twentieth Century Democracy," KuP. S, Q., XIII (1898), 514 et seq.; 
 Vrooman, C, " Democracy of Twentieth Century," in Arena, XXII 
 (lS99)» 5^4 et seq.; Godkin, Problems of Modern Democracy, 275-310; 
 Giddings, Democracy and Empire, 197-214 ; Hyslop, Democracy. 
 
 1. Will the referendum be more or less used in the future ? Why ? 
 Is it desirable that we should have more democratic government than 
 at present ? 
 
 2. Can direct legislation be applied to national affairs ? If so, to 
 what extent ? Should the referendum be used in amending the national 
 Constitution ? If the referendum and the initiative were used in the 
 cabinet form of government to keep the government in constant touch 
 with the voters, what would be the probable effect in England ? 
 
 i. What forms of the referendum have you in connection with state 
 affairs ? Are the voters consulted in changing county lines ? county 
 seats ? incorporating villages ? What laws regarding finance are first 
 approved by them ? What other laws, county or local ? Is the initi- 
 ative in use for any purpose whatever ? Is it the Swiss initiative with 
 compulsory referendum ? 
 
CHAPTER XXIII 
 
 THE POLITICAL PARTY 
 General References 
 
 "Willoughby, Rights and Duties of American Citizenship, 297-310. An 
 excellent summary. 
 
 Bryce, The American Commonwealth (abd. ed.), 447-477; third regu- 
 lar edition, II, 1-246. The latter a description of its actual work- 
 ings, with keen criticisms. 
 
 Dallinger, Nominations for Elective Offi.ce. Gives the history of nomi-^ 
 nating conventions, methods at present, defects of the system, and 
 proposed remedies, with bibliography. Very valuable. 
 
 Remsen, Primary Elections. A good brief presentation of the whole 
 party system. 
 
 Lawton, The American Caucus System.. 
 The historical side is emphasized in 
 
 Patton, Political Parties in the United States. Discursive. 
 
 Tyler, Parties and Patronage. 
 
 Stanwood, A History of the Presidency. Issues and platforms in each 
 presidential campaign. 
 
 McKee, National Conventions and Party Platforms. Documents only. 
 
 Hopkins, History of Political Parties. 
 
 Johnston, American Politics. The work of the different Congresses. 
 
 McClure, Our Presidents, and How We Make Them. Largely per- 
 sonal reminiscences. 
 
 Ford, H. J., Rise and Growth of American Politics. A brilliant study 
 of causes and effects. 
 
 Johnston, in Lalor, under Names of Parties, 
 
 Periodical literature indexes under Political Party, Caucus, Primary, 
 Convention, Machine Rule, Nominations, etc. There is an im- 
 mense amount of material referred to under title United States 
 History. 
 
 532. The Place of the Political Party in our Political Sys- 
 tem. — It is scarcely too much to say that if government is 
 
 438 
 
The Political Party 439 
 
 the political organization that carries out the wishes of the The party an 
 State, parties are almost as much the organizations that essential part 
 
 . ° of the ma- 
 
 control the government. There is scarcely a law made, an chinery of 
 
 official chosen, or a policy discussed concerning which the government. 
 
 political party does not exercise the predominating influence. 
 
 This country does not have party government in the sense 
 
 that the conduct of all affairs, national, state, and local, are 
 
 intrusted to a single party organization, which carries out 
 
 its plan for the whole system of governments; but it does 
 
 have .party government in the sense that the political party 
 
 stands between the people and the government, and that the 
 
 representatives of the party which has the majority in any 
 
 government, or has been indorsed by the majority of the 
 
 voters, control affairs until they are turned out and the 
 
 representatives of a second party installed. 
 
 It is the intention in this chapter to summarize very 
 briefly the history of parties, give some idea of the parti- 
 san methods in use, to show the legal status and respon- 
 sibility of the party, and means suggested to gain better 
 results from party government. 
 
 533. The Federalists. — The history of our political par- Party history 
 
 ties is, to a considerable extent, identical with the political f?^ P° \*^^^ 
 ' ' ^ history mter- 
 
 history of the United States; but a clearer conception of the woven, 
 work done or policies advocated by the different ones may 
 be given by considering a few points purely from the 
 standpoint of party. 
 
 There was no attempt to organize the adherents of differ- PoUcies of 
 ent theories or opinions during the early years of Washing- Federahsts. 
 ton's administration, and the first parties grew out of the Johnston, in 
 personal differences of Hamilton and Jefferson (§ 151). 16^172.' 
 The Federalist party, which remained in power till 1801, 
 was distinctly English in views and policies. It stood for 
 three things : a strong central government, rule by the aris- 
 tocracy, and alliance with the commercial classes. The 
 last two placed it out of touch with a people devoted to 
 agriculture and favoring democracy; and the Federalist 
 power, once broken, was never regained. 
 
440 
 
 The American Federal State 
 
 Federalist The Federalist strength was derived from the New England and the 
 
 strength. smaller Middle states, upon some of which the party retained its hold 
 
 for two decades after the presidency passed out of its hands. In 
 the Senate it was never able to make a showing after i8oi, but in the 
 House a fair-sized and active minority continued to oppose the gov- 
 ernment until Monroe's second term. 
 
 Democratic- 
 Republican 
 principles. 
 
 Johnston, in 
 Lalor, I, 
 769-774. 
 
 Changes in 
 the Democ- 
 racy. 
 
 Johnston, in 
 Lalor, I, 
 774-779- 
 
 534. The Democratic-Republican Party. — While the party 
 of the opposition, the Democratic-Republicans favored the 
 restriction of national power, rule by the people, the pre- 
 dominance of agricultural interests, and, in foreign affairs, 
 the French. With the election of Jefferson, in 1801, they 
 abandoned in part their adherence to a strict construction 
 of the Constitution, but they never ceased to prefer the 
 agricultural sections to those devoted to commerce. Once 
 in power, they were able to keep the Federalists out by 
 reason of a broader national policy, and because both the 
 admission of new states and the more liberal suffrage in the 
 others increased their strength continuously. In the end 
 they carried every state, as is shown by the result in the 
 presidential election of 1820. 
 
 535. The Democratic Party (i 824-1 852). — In the very 
 nature of things, when there is no pressure upon an organi- 
 zation from without, disruption is sure to follow, and this 
 was what happened in the Democratic-Republican party in 
 the years following 1824. The election of that year, and 
 the subsequent contest in the House of Representatives 
 over the choice of a President (§ 171), produced an alli- 
 ance of the loose construction elements that followed Clay 
 and Adams, giving them control of the government for a 
 time. But when Crawford withdrew from politics, and his 
 adherents went over to Jackson, the personal popularity and 
 magnetism of "Old Hickory" produced a new Democratic 
 party, like the old one, in being truly democratic and anti- 
 commercial, but broader and more national. In a country 
 still largely devoted to agriculture, it was not difficult for 
 the Democrats to keep the government in their hands most 
 of the time from 1826 to 1852. 
 
The Political Party 441 
 
 The parties of this period were not so sectional as those that pre- Successes of 
 ceded and followed them, but in the main the Democratic party held ^^ Demo- 
 most of the South, the extreme West (of that day), and part of the ^^^^^• 
 Middle states. The Supreme Court never contained a large number 
 of anti-Democratic judges, and only for four years did the Democrats 
 lose either Senate or presidency. 
 
 536. The Whigs. — The Whig party grew out of the Political 
 National Republicans or loose construction element of the ^°^^''i"^s of 
 
 _ . 1^ - , . „, , the Whigs. 
 
 Democratic-Republicans. This reorganization took place 
 between the years 1824 and 1832, and was largely due to Laior^ni^^ 
 the influence of Henry Clay. The chief principles empha- 1001-1008. 
 sized by the Whigs were protection to home industries 
 and internal improvements. They generally controlled the 
 New England and small Middle states, besides Kentucky 
 and Tennessee; but the policy which might have given 
 them the West, i.e, internal improvements, was less neces- 
 sary after the advent of the railroad, so that the Northwest 
 usually went to their opponents. Once, and only once, 
 they had the presidency, the Senate, and the House within 
 their grasp; but the death of President Harrison and the 
 inauguration of the radical Democrat Tyler blasted all 
 their hopes. 
 
 537. The Second Reorganization (i 852-1 860). — After The slavery 
 1850 there was only one really live political issue — that question in 
 of slavery — and, in spite of themselves, the parties were 
 
 obliged to adapt their platforms and policies to it, after LdorT' ^" 
 in vain trying to keep it out of politics. The Whigs held 779-782'; iii, 
 antislavery views, on the whole; but, especially after the 597-599- 
 crushing defeat of 1852, could not rally enough Northern Stanwood, 
 members to form an antislavery party. They therefore ^reli^el^^ 
 disappeared and, after 1854, the anti-Nebraska, or, as it 244-297. 
 was a little later called, the Republican party, united the 
 antislavery forces. The Democrats managed for a time to 
 keep all the pro-slavery elements and, in addition, main- 
 tained their organization in the North by favoring popular 
 sovereignty; but in i860 the clash between North and 
 South broke even that party into two wings. 
 
442 
 
 The American Federal State 
 
 American 
 party. 
 
 Johnston, in 
 Lalor, I, 85- 
 87. 
 
 Policies and 
 victories. 
 
 Johnston, in, 
 Lalor, I, 
 782-788; III, 
 599-603. 
 
 Meanwhile, those who were unwilling to take sides on the slavery 
 question organized a widespread secret society, popularly known as 
 the " Know-nothings," from their unwillingness to betray their secrets. 
 Its principal object was to keep foreigners from obtaining citizenship 
 or holding office until after a residence of twenty-one years. Before 
 the slavery question became very acute, this party was able to carry 
 several states, and in 1856 and in i860 it polled a large vote. 
 
 538. The Parties since i860. — Brought into power, in 
 i860, by the dissensions in the Democratic ranks, the 
 Republicans remained in possession of Congress till 1875, 
 and of the presidency till 1885. Since those dates it has 
 shared both legislative and executive departments with the 
 Democratic party, each having the presidency eight years 
 and control of the House for nearly equal periods, 
 though the Senate has been Republican most of the time. 
 Before 1880 the parties were divided principally over 
 issues arising from the War of Secession; from 1880 to 
 1892 the question of the tariff was most prominent; from 
 1892 to 1898 the silver difficulty absorbed popular atten- 
 tion; and since 1898 the problems growing out of the 
 Spanish- American War have been given first place. 
 
 Policies be- 
 fore 1876. 
 
 Stanwood, 
 Presidency , 
 298-356. 
 
 Presidential 
 election of 
 1880. 
 
 Stanwood, 
 394-418. 
 
 In the elections from 1866 to 1876 the important topics dealt vnth 
 home manufactures and paying the debt in coin, these being pro- 
 claimed by the Republicans, and incorporated into the laws. The 
 opposition was not well organized nor united except in opposing the 
 Republican administrations. While the carpet-bag governments con- 
 trolled most of the Southern states, even flagrant abuses of power by 
 the Republicans did not lead to national Democratic majorities; but 
 as the whites gradually regained the ascendency in the reconstructed 
 states, and federal forces which had controlled elections were with- 
 drawn under Hayes, there was welded together a " solid South " that 
 has never yet been broken except on the northern border. 
 
 539. The Tariff Campaigns. — The interest in the campaign 
 of 1880 centres not so much in the struggle between the parties, close 
 as that was, as in the factional contest in the Republican convention 
 between the followers of James G. Blaine and the adherents of Grant, 
 who sought to nominate him for a third term. After many futile bal- 
 lots, the Blaine men rallied to the support of James A. Garfield, a 
 " dark horse," but during the campaign he received only half-hearted 
 
The Political Party 
 
 44S 
 
 support from the Grant, or better, the Conkling wing, and after the 
 inauguration there was an open rupture between the two that had a 
 considerable influence for several years. The question of the tariff 
 was not raised at first, but just before the election the Republicans 
 denounced the " free trade " propositions of the Democrats with tell- 
 ing effect. The result was the election of Garfield and Arthur. 
 
 Four years later, the Republicans came out more pronouncedly for 
 "protection," while the Democrats favored "tariff reform." For the 
 first time in twenty-five years the Republicans were defeated, the elec- 
 tion of Cleveland over Blaine being due principally to the support 
 which the former derived from the independent Republicans and the 
 failure of Conkling to come out for Blaine. 
 
 In 1888, and again in 1892, the election turned more than in any 
 previous years upon the question of " protection " or " tariff for rev- 
 enue only." The platforms were more explicit than in former cam- 
 paigns, and the candidates were the same in both years, Cleveland 
 being nominated by the Democrats and Benjamin Harrison by the 
 Republicans. In 1888 the Republicans secured not only the presi- 
 dency, but small majorities in both houses. This enabled them to 
 carry through several party measures which were not approved by the 
 voters in either 1890 or 1892, Cleveland being elected in the latter 
 year by fairly large pluralities in the states, but a very large majority 
 in the electoral college. 
 
 540. The Campaigns of 1896 and 1900. — Beginning in 
 1890, there had arisen in the West a new party, whose avowed object 
 was to secure from the national government legislation that would 
 directly benefit the agricultural classes. A large vote was polled in 
 1890, and in 1892 twenty-two electoral votes were secured in the 
 electoral college. The hard times after 1893 and the anti-silver 
 actions of the government at Washington united the West in favor 
 of the free coinage of silver as the best means of securing the desired 
 legislative relief. So strong was this movement that in 1896 it con- 
 trolled the convention not only of the People's party, but of the Demo- 
 cratic party as well, both of which nominated William J. Bryan for 
 President, and demanded the free coinage of silver at the former legal 
 ratio of sixteen to one. The Republican convention, held before either 
 of the others, nominated William McKinley, and favored international 
 bimetallism, but sought to subordinate the silver issue to that of pro- 
 tection. In the November election the East supported the Repub- 
 lican ticket and the West the Democratic candidate, without much 
 regard to party. The majorities in the manufacturing states for the 
 one, and the mining states for the other, were unprecedented, but 
 the electoral majority for the Republicans was nearly one hundred. 
 
 Election of 
 1884. 
 
 Stanwood, 
 419-449. 
 
 Elections of 
 1888 and 
 1892. 
 
 Stanwood, 
 450-S18. 
 
 People's 
 party and 
 election of 
 1896. 
 
 Stanwood, 
 5 19-569. 
 
444 
 
 The American Federal State 
 
 The cam- 
 paign of 1900. 
 
 Minor parties 
 since 1870. 
 
 A gloomy 
 view. 
 
 Three tasks 
 performed 
 for the mem- 
 bers of a 
 party. 
 
 The same nominees ran in 1900 as in 1896, but the silver issue was 
 subordinated to that of "imperialism." The Republicans indorsed 
 their acts legally establishing the gold standard, and declared them- 
 selves in favor of holding and governing the possessions acquired in 
 the treaty of Paris (1898). The Democrats again indorsed free silver 
 coinage at the ratio of sixteen to one, but asserted that " imperialism 
 is the paramount issue," and that the United States should merely 
 assure to the inhabitants of the colonies the right of self-government. 
 Bryan was also nominated by the Silver Republican convention and 
 one of those held by the People's party; but, although the state 
 pluralities were almost everywhere more uniform, the Republican 
 majorities were greater than in 1896. 
 
 Since 1870 the Prohibition party has always had nominees, while 
 the Labor party dates from about the same time. The Socialist Labor 
 party and the Social Democrats usually have tickets in the field, and 
 the non-fusion Populists nominate separate candidates. The only 
 minor parties which have polled large votes were the Greenback 
 party in 1878 and the People's party from 1890 to 1894. 
 
 541. The Work of a Party. — A great many pessimists 
 would undoubtedly say that the work of the political parties 
 consists in controlling the governments for the sake of the 
 patronage or "spoils of office." Unfortunately, there is 
 considerable truth in the statement; but it is true because 
 of abuses which have been, and can be, remedied. 
 
 Whatever the motives of the parties may be, the people 
 desire to express their wishes through them; and in order 
 that this may be possible each party must do three things : 
 (i) It expresses the views and formulates the principles of 
 the groups of persons who, because they think alike, form a 
 certain party. This is done presumably in the platform, 
 which is elaborated and explained during the campaign. 
 It is expressed more honestly and exactly by the laws made 
 after the election, if the party has a majority sufficient to 
 permit unaltered partisan measures to be passed. (2) The 
 party furnishes the machinery by which its members may 
 nominate candidates for elective offices, thus insuring to 
 the party voter a set of persons, of his own political views, 
 for whom he may cast his ballot. But as these two pre- 
 liminaries are of no practical value, if the other side wins 
 
The Political Party 445 
 
 at the polls, the party (3) maintains an organization which 
 includes every hamlet, but concentrates power so as to 
 avoid all possible friction. The true work of this huge 
 machine, for such it must be, is to secure the election of 
 its candidates by every method it can devise. 
 
 542. The Permanent Party Committees. — At the present Party organi- 
 
 time the formulation of platforms and the nomination of 2^*^°"= ^°"f^- 
 
 ^ _ , mittees and 
 
 candidates is everywhere performed by conventions, which conventions. 
 meet some time before the elections; while the conduct Rg^gen 
 of the campaign belongs to permanent committees, which Primary 
 affect so vitally the work of the party that they deserve to ^^^^''"'' 
 be considered first. 
 
 Each party has as many sets of these committees as there Complete- 
 are kinds of political divisions in the United States, i.e. Committee 
 there is a national committee for the country at large, a system. 
 committee for each state, one for each county, city, town, 
 ward, and, perhaps, assembly district. All of these have a 
 great deal of power, but the ones for the smaller territorial 
 districts have the most. 
 
 543. The National Committee is composed of one mem- Composition 
 ber from each state chosen for a period of four years. The ^^ sessions, 
 committeemen may be elected by the state conventions 
 
 which invariably meet just before each national conven- 
 tion, or by the delegates from the state to the same national 
 convention. Their important duties relate to the presi- 
 dential campaign. Toward the close of the year preceding 
 a presidential election, they hold sessions for the purpose 
 of deciding where the convention shall be held. At this 
 meeting the claims and attractions of the cities desiring 
 the convention are set forth by some popular resident, 
 after which the committee announce their decision as to 
 when and where the next national convention shall meet. 
 
 For the prosecution of the campaign the committee National 
 
 • • executive 
 
 chooses certain of its members as an executive committee, committee, 
 the chairman of the latter having the real charge of the 
 campaign, though often not a member of the national 
 committee at all. 
 
446 
 
 The American Federal State 
 
 Funds for 
 speakers and 
 literature. 
 
 Composition 
 and tenure. 
 
 Remsen, 
 Primary 
 Elections, 
 37-47- 
 
 Work of the 
 state com- 
 mittees. 
 
 Influence of 
 the local 
 committees. 
 
 The machine 
 and how it 
 maintains its 
 power. 
 
 Two parts of the work stand out in especial prominence : 
 one connected with raising funds, the other with gaining 
 votes. Contributions are ordinarily made by interested 
 members of the party, some of this going to the local com- 
 mittees and some to the national committee. That in the 
 hands of the latter is used to pay the speakers selected to 
 make tours in doubtful states and to pay for the enormous 
 amount of campaign literature and other matter, printed 
 under the direction of the executive committee, that is 
 scattered broadcast over every state in the Union. 
 
 544. State and Local Committees. — These committees are 
 more likely to be on duty constantly than the national com- 
 mittee, for local and state elections occur frequently. 
 They are made up of representatives from each of the next 
 smaller political division; e.g. the state committee is com- 
 posed of partisans from the counties, and the city committee 
 of those from the wards. The tenure is apt to be shorter 
 than four years, but reelection is the rule, except when a 
 revolt takes place within the ranks. 
 
 The state committee designates the time and place for 
 the state convention, and always seeks to control its organ- 
 ization as well as the nominations it makes. The com- 
 mittee also oversees the local committees and takes charge 
 of state and congressional elections. 
 
 The importance of the "lowest" committees grows out 
 of the personal influence which they exert directly upon the 
 voters. They make this felt either at the time the prima- 
 ries are held, in order to have each primary choose the 
 delegates which the committees desire during the cam- 
 paign, by personal work among the electors; or at the 
 polls, by bringing the indifferent ones to vote. 
 
 545. The Boss and the Machine. — The hierarchy of per- 
 manent committees is usually spoken of as the "machine." 
 The term is ordinarily one of disapproval, because most 
 machines have the interests of the party less at heart than 
 their own advancement. More often than not they have 
 become those most undemocratic institutions, "close cor- 
 
The Political Party 447 
 
 porations, " whose real aim is to perpetuate their own power. Bryce, Amer. 
 This they do by controlling all of the elective offices and, ^^^^^"^^3^ 
 through them, the appointive ones; but this, in turn, neces- reg. ed.), ii, 
 sitates the control of the nominations. Yet, in order to ^2-106. 
 get their men nominated, they must have the right dele- 
 gates, and to obtain these the primaries must be favorable 
 to the machine. Accordingly, their chief aim is to control 
 the primaries, for if they fail completely to gain these, their 
 power is gone. As they alone call the primaries and decide 
 who may go, the primary usually elects whom they desire. 
 But when it hesitates, the machine has often resorted to force 
 or fraud to carry out its programme. So absolute has the 
 power of the machine over the primaries become in many 
 large cities that the citizens are unwilling to attend, and 
 the politicians have everything their own way. 
 
 The "boss" is the person who dominates the machine. The boss. 
 or the part of it in his district. He is ordinarily a keen Bryce, Ainer. 
 student of nature and a shrewd, energetic man of affairs. Common- 
 
 . . It 1 '^ i wealth, II, 
 
 Boss rule is objectionable principally because it represents ^^_^^^^ 
 an extreme form of dictatorial power with very little 
 chance of enforcing responsibility. 
 
 546. The National Convention : Composition and Organiza- Election of 
 tion. — The temporary, as distinguished from the per- ^^i^g^*^^- 
 manent, organization of the party is represented by the ^^^^f^^^^^ 
 nominating convention. For the national convention the f^ Elective 
 call, as stated above, is given about six months before Office, ja-^^- 
 the convention meets in the early summer of the presiden- 
 tial year. The number of delegates is twice that of the 
 senators and representatives from each state; and although 
 the whole of a state's delegation may occasionally be chosen 
 by a state convention, summoned for that purpose, the cus- 
 tom is to have the state convention choose four delegates 
 at large (corresponding to the two senators), and have con- 
 ventions in each congressional district appoint two dele- 
 gates, besides the alternates who are to serve in case of need. 
 
 Before the convention is called to order by the chairman Preliminary 
 of the national committee, each state delegation holds a 
 
448 
 
 The American Federal State 
 
 Dallinger, 
 78-84. 
 
 Report of 
 committee 
 on resolu- 
 tions. 
 
 Nomina- 
 tions. 
 
 Dallinger, 
 84-87. 
 
 Different 
 methods. 
 
 meeting and selects a national committeeman to serve for 
 the next four years, and a member for each of the four con- 
 vention committees on organization, credentials, rules, and 
 resolutions. On the first day the vote upon temporary 
 chairman may constitute a test of the strength of the differ- 
 ent candidates or policies, but that cannot be definitely 
 determined till later, after the report of the committee on 
 the credentials of contesting delegations. 
 
 547. The Platform and the Nominees. — About the third 
 day the committee on resolutions reports the platform. 
 There may be little or no opposition to any of the planks, 
 and the motion to adopt be purely perfunctory; or a plank 
 may be changed or modified, if it relates to something im- 
 portant, or accepted only after heated debate and a fairly 
 close vote, as in Chicago in 1896. 
 
 Nominations are then in order and the roll of the states 
 is called. Presentation of names is always accompanied 
 by complimentary speeches, followed by a second or even 
 third laudatory effort. The number of candidates averages 
 from eight to ten, most of them favorite sons, to whom 
 a small vote is given on the first ballot as a token of 
 appreciation. 
 
 In the conventions of the two great parties methods 
 differ little except in two respects: the Republicans per- 
 mit each delegate to vote as he pleases, and require only 
 a majority to nominate; the Democrats have each state 
 delegation cast its vote as a unit, i.e. all for the same 
 person, and demand two-thirds of the votes before any one 
 is chosen. 
 
 Observations 
 on historical 
 nominations. 
 
 Presidential candidates are occasionally nominated by acclamation, 
 as Grant was in 1872 and Cleveland in 1892, or as many as fifty-three 
 ballots may be taken, as in the Whig convention of 1852. Where 
 several ballots have been cast without result, the nomination has gone 
 eventually to some comparatively unknown person who at first re- 
 ceived but a small vote or none at all; but invariably when one can- 
 didate receives a sufficient number, one of his less fortunate opponents 
 moves that the nomination be made unanimous. The work of the 
 convention closes with the selection of a nominee for Vice-president, 
 
The Political Party 449 
 
 the position usually going to the leader of some faction or to a partisan 
 from a different section from that of the President. 
 
 The later work of the party in connection with the campaign and 
 the electoral college has already been considered (§§ 331, 332). 
 
 548. State and Local Conventions. — At the present time Composi- 
 practically all the important nominations for elective office, ^^°°" 
 except those of President and Vice-president, are made by Daiiinger, 
 state and local conventions. These are usually large bodies ^ ^' 
 composed of several hundred delegates, who are chosen in 
 the primaries for city, county, or even congressional dis- 
 trict conventions, but for state conventions are selected by 
 those of the localities. All of these conventions are called 
 by the appropriate permanent committee, the chairman of 
 which presides over the deliberations of the conventions 
 until their officers are chosen. 
 
 The first duty is ordinarily to appoint convention com- State and 
 mittees upon credentials, organization, and resolutions, all jj''^^^ conven- 
 of whom have been selected beforehand by the permanent 
 committee so as to facilitate the conduct of business. The roVz" e^iVa 
 committee on credentials decides which of two contesting 
 
 . . Remsen, 
 
 delegations shall be seated, its task being similar to that primary 
 of the committee on elections in the House of Representa- E.iections, 
 tives (§282). That on organization reports a list of officers, 
 including chairman, secretary, and many honorary vice- 
 presidents, while the one on resolutions reads a platform 
 agreed upon before the convention met. If there is no 
 opposition, all of these things occupy little time, and the 
 convention then devotes itself to the nomination of candi- 
 dates. The machine has always agreed upon a "slate," 
 or list of candidates, but there is no outward evidence of 
 such preconcerted action except the smoothness with which 
 everything is done. Nominations are made for each office 
 separately, the merits of the respective candidates being 
 extolled. If but one person is suggested for the position, 
 no formal ballot is taken, otherwise balloting continues 
 until some one has a majority of all the votes cast. When 
 all the nominations have been made, the convention ad- 
 
 2G 
 
 64-74. 
 
450 
 
 The American Federal State 
 
 The citizen 
 
 and the 
 primary. 
 
 Remsen, 
 
 48-58. 
 
 Dallinger, 
 95-126. 
 
 Need of re- 
 formed pri- 
 maries. 
 
 Remsen, 
 91-98. 
 
 journs, the length of its session having depended, to a large 
 extent, upon how well the machine has it in hand. 
 
 549. The Primary. — A primary is a mass meeting of the 
 party voters, in a definite locality, called by the local com- 
 mittee for the purpose of selecting nominees for office and 
 delegates to party conventions. When once the electors 
 have started, in the primaries, the machinery by which 
 platforms are constructed and nominations for all offices 
 are made, they stand aside until, on election day, they may 
 choose between the candidates of their own party or those 
 of another. As the election may offer but a choice between 
 two unsatisfactory men, the voter may be compelled to exert 
 an influence in the primary or not at all. But, as we have 
 already seen, in the primary he must fight the machine; 
 and to the machine the control of the primary is a matter 
 of life or death, unless it is working for the public good and 
 not for private gain. Yet the strangest thing of all is, that 
 the citizen ordinarily makes no effort to assert his rights at 
 this point, where it might have some effect. Usually he 
 stays away; but when he goes, more often than not he offers 
 no opposition to machine dictation. Perhaps this is due 
 to his belief that protest is futile, possibly to lack of 
 organization in the anti-machine element, but probably to 
 indifference. He may even support the "slate" proposed 
 because it contains two or three good names placed upon it 
 to tempt the waverers, while the others he does not know. 
 Whatever the reasons may be, it is a fact that never, for 
 any length of time, in any of our large cities, has the 
 machine loosened its hold upon the primary, while even 
 in rural districts the organization is complete and the 
 primaries more or less under machine rule. 
 
 550. Reform of the Primary. — The importance of the 
 primary to pure politics is so generally recognized that 
 numberless suggestions have been offered of means for 
 making it serve the purpose it was intended. It must be 
 apparent that improvements in the suffrage, in the ballot, 
 and in the elections themselves must be more or less worth- 
 
The Political Party 45 1 
 
 less if the primaries remain unreformed. These other 
 things touch the surface and perhaps deceive us by the 
 good appearance they make; but the primaries are the 
 heart of the body politic, and, if they are corrupt, it cannot 
 be different. Reform so far has made little progress, as 
 the machine primary, like old Proteus, has a wonderful 
 capacity for changing its form and eluding our grasp. 
 
 551. Public Control of the Primaries. — Effort has been The problem 
 principally directed toward bringing the whole system of ""^^^^^^^ 
 nominations under the control of the state. Laws have j^^j^.^^^^ 
 been passed relative to the times primaries shall be held, dominations, 
 those who shall take part in them, the polling and counting 183-189. 
 of the votes, and the holding of subsequent conventions. 
 The subject is of such vital interest to the welfare of the 
 community and the preservation of its popular government 
 that state control is theoretically indispensable if abuses 
 exist, which we are not blind enough to doubt. But the 
 problem is just as complex after the state endeavors to solve 
 it as before. For example, shall the state lay down a rule 
 to determine who shall vote at the Republican and Demo- 
 cratic primaries, or shall it leave that difficult question to 
 the party? If to the latter, what is to prevent a committee 
 from restricting the right to vote in its own interest? If 
 by the state, what shall the rule be? Several have been 
 tried. One makes it necessary for the voters to register 
 with some party at the previous election, but such public 
 allegiance has more than once endangered business posi- 
 tions. Another gives each voter at a public primary election 
 ballots for all the parties and allows him to cast whichever 
 one he wishes, but it permits followers of one party to vote 
 the other ticket for the express purpose of selecting unfit 
 men as delegates and candidates. A third makes it depend 
 upon whether the elector supported the candidates of the 
 party at the last election or will at the next one, but with a 
 secret ballot the test must be imperfect. All this, however, 
 is by way merely of illustration, giving some sidelights on 
 just one side of one problem. As a matter of fact, few • 
 
452 
 
 The American Federal State 
 
 Vast extent 
 of public 
 patxoTiage 
 
 States have done much in regulating primaries or other 
 party meetings, and most of those leave this particular ques- 
 tion of who may vote in the primaries to the parties them- 
 selves. None of the laws have done more than abolish 
 "snap" primaries, i.e. those called on insufficient notice, 
 and guarantee fair treatment to the rank and file. The 
 primary is still Proteus. 
 
 552. Importance of Nominations. — It is scarcely neces- 
 sary to call attention to the close connection between sat- 
 isfactory nominations and good government, but a brief 
 summary of the number of elective offices, and the appoin- 
 tive ones that belong to them, may give us a clearer idea 
 of the need of the best methods. There are less than 500 
 persons elected by the people who are connected with the 
 national government, yet those 500 have at their disposal 
 over 100,000 appointments, many of them to first-class 
 positions. Less than 100,000 regular paid officials are 
 elected by the voters in our states, counties, cities, towns, 
 and other local districts, but probably between 200,000 and 
 250,000 persons besides those in the schools are appointed 
 in these same governments, very few of whom are selected 
 solely or chiefly because of ability. Thus, at present, 
 patronage running up into hundreds of millions a year is 
 the reward not so much of the persons elected as of the 
 power behind the throne — the machine. The immense 
 influence wielded because of the control over so many 
 places, coupled with the advantages that may be derived 
 from handling ^1,000,000,000 a year for other purposes, 
 has developed and maintained the machine organization. 
 The temptation to turn these party organizations into close 
 corporations has, consequently, been too strong to be re- 
 sisted, except in the rural districts and a few urban ones, 
 and the committees that were meant to serve their party 
 have more often come to dominate it. Their control may 
 be partially loosened by bringing state and local positions 
 under civil service rules, but can be removed by leaving the 
 committees only a just share in the privileges of nomination. 
 
 u 
 
The Political Party 453 
 
 553. Direct Nominations. — Because of objections to Candidates 
 nomination through conventions which might be controlled ^f ^^^^^'^ ^y 
 
 .... ,11 IT . • the voters 
 
 by politicians rather than the people, direct nominations directly. 
 
 have come into use for local offices in a majority of the ^^j^^ p ^ 
 
 states, and for state offices in most of the Southern common- in Outlook, 
 
 wealths, in almost all of the Middle Western states, and in ^^ (^9o6), 
 
 ' ' 120-125. 
 
 those of the extreme West. The names of all those who 
 
 desire or will accept the nomination for any office are placed -^^ ^outiook ' 
 on file with the city or county clerk as soon as they have 90 (1908), 
 obtained the signatures of a certain number of voters. On ^ ^~^ ^' 
 a day set by law a primary election is held, similar in most Merriam, 
 respects to a regular election (§ 524), and the voters are Elections 
 allowed to select their candidates for each office to be filled 68-89. 
 at the coming election, provided that no one is permitted to 
 vote for candidates of more than one party, in order that 
 the members of one party shall not be allowed to influence 
 the nominatioijs of another. 
 
 Many of the states make use of the direct primary to Party control 
 increase public control of the party organizations, forcing by. and party 
 the parties to choose their committees at these primary in, direct 
 elections. This should produce party organizations fairly primaries, 
 representative of the members of the party. There is little 
 doubt that many of the vexed problems of nominations for 
 elective office may be solved by perfecting and reforming 
 the party organization, and, except in city elections, by per- 
 mitting the party leaders to suggest names for most of the 
 candidates to be considered at the primaries. The direct 
 primary can then be used as a check to secure the nomina- 
 tion of the best possible candidates, a work for which it 
 should be particularly fitted. 
 
 QUESTIONS AND REFERENCES 
 
 History of Parties (§§ 532-540) 
 
 I. To what extent were the parties before i860 occupied with con- 
 stitutional questions? Is it true that the one in power was always 
 
454 ^-^^ American Federal State 
 
 loose constructionist in practice ? Why are constitutional issues less 
 prominent to-day ? 
 
 2. Explain as fully as possible the failure of the Federalists to re- 
 gain control of the government. Compare the Whig party in compo- 
 sition and principles with the Federalists. How do you account for 
 the comparative equality of the two great parties since 1872 ? 
 
 3. Trace the history of the Liberty and Free Soil parties to 1856. 
 Were they both in favor of abolition of slavery ? To what degree did 
 the Republican party represent their antislavery principles ? 
 
 4. Make a study of the platforms of the Labor party for 1872 and 
 of the People's party for 1892. What doctrines announced by the 
 former are now accepted by our governments ? What were the most 
 striking propositions of the latter ? 
 
 5. Take some interesting campaign, as 1844, i860, 1876, 1884, or 
 1896, and examine the proceedings of the nominating conventions, 
 the character of the platforms, the conduct of the campaign, the de- 
 cisive influences in the result, and the states or sections carried by the 
 respective candidates. 
 
 i. What is the greatest electoral majority obtained by any presiden- 
 tial candidate since 1828? the greatest popular plurality (in propor- 
 tion to the size of the whole vote) ? Give both electoral majorities 
 and popular pluralities since 1888. (Johnston, American Politics^ 
 Appendix; and Political Almanacs.) 
 
 ii. What is the present composition of the United States Senate 
 and House ? Of your own state legislature ? What Congresses since 
 the Civil War have been overwhelmingly Republican or Democratic ? 
 How has your own state voted in recent elections ? Why does the 
 state favor the party that it does ? Give the political faith of your 
 representatives in all governments, from the highest to the lowest. 
 
 Organization and Work (§§ 541-549) 
 
 1. Should a party be chiefly concerned with serving public opinion 
 or leading and educating it ? Why is a complete and permanent 
 organization so necessary to a party ? Are independent movements 
 failures because they may be temporary ? 
 
 2. Can a party do its work without a class of professional politi- 
 cians ? Is there any good reason why the benefits of success should 
 not go to the men who bear the brunt of the struggle ? What is the 
 best method of obtaining both a powerful organization and the best 
 candidates for office, i.e. of protecting both the public and the 
 party ? 
 
The Political Party 455 
 
 3. Would it not be better in the end for the people to have nomi- 
 nations made directly by the machine than in conventions controlled 
 by the machine ? Give your reasons in full. 
 
 i. Give the names and, when possible, some account of the follow- 
 ing for Republican and Democratic parties : chairman of the national 
 committee; of the national executive committee; member from your 
 state on the national committee; member from your county on state 
 committee; the chief party leaders, if any, in your county and city. 
 
 ii. What conventions were held in the state and localities last year ? 
 Ascertain the dates on which each was held and the approximate size 
 of each. 
 
 iii. What rule for party allegiance prevails in your own precinct ? 
 Are the caucuses and primaries well attended ? 
 
 Reform and Control (§§ 550-553) 
 
 a. On reform of the primary, consult Field, D. D., in Forum, XIV 
 (1892), 189 et seq. ; Pavey, F. D., in Forum, XXV (1898), 99-108; 
 Easley, in Review of Reviews, XVI (1897), 322-324; and Hotchkiss, 
 in Review of Reviews, XVII (1898), 583-589. 
 
 1. Would the primaries be so important if we did not have reformed 
 methods of voting and counting the votes ? Is there any possibility 
 that a reform of the primary may necessitate a reform of what pre- 
 cedes the primary ? Will a reformed primary make popular interest 
 in party affairs more or less necessary if good results are to be obtained? 
 
 2. Why is it more difficult to prescribe rules for party members than 
 to determine who are voters ? Should a rule for membership in a party 
 ever take into account a voter's position in local elections ? 
 
CHAPTER XXIV 
 
 LEGAL AND CONSTITUTIONAL RIGHTS 
 General References 
 
 Bryce, American Commonwealth, 306-311. 
 
 Burgess, Political Science and Cotnparative Constitutional Law, I, 
 184-252. Immunities against the central and state governments 
 guaranteed by national Constitution. 
 
 Cooley, Constitutional Limitations, chaps. IX-XIII. Immunities of 
 citizens of the states. 
 
 Cooley, Principles of Constitutional Law, 214-357. Rights enjoyed 
 under the United States government especially. 
 
 Walker, American Law^ Part VI. 
 
 Parsons, Political, Personal, and Property Rights of Citizens of the 
 United States. 
 
 Dole, Talks on Law. A popular account, giving methods of protect- 
 ing rights. 
 
 State constitutions, bills of rights. 
 
 Guarantees 
 of liberty in 
 the past and 
 the present. 
 
 554. The Bills of Rights in History and Law. — If there 
 is one thing more than any other in which English-speak- 
 ing people have taken the greatest pride, it is the individual 
 liberty which they have enjoyed under their various gov- 
 ernments. There has always existed a hatred of arbitrary 
 control more marked than among other races, although the 
 development of real liberty did not reach a high plane till 
 comparatively modern times. This dislike for undue gov- 
 ernment restraint has nowhere and at no time been given 
 freer expression than during the early part of the great 
 revolution in the American colonies (chapter IV). The 
 change from imperial to American rule could not remove 
 from the minds of the people a dread of interference by 
 the government; and hence led the organizers of the new 
 
 456 
 
 A\ 
 
Legal and Constitutional Rights 457 
 
 state constitutions to insert in those documents bills of 
 rights reiterating the favorite political principles of the day 
 and repeating some of the time-honored provisions of the 
 Petition of Rights (1628) and the Bill of Rights (1691, 
 § 48). How greatly the people felt the need of constitu- 
 tional restriction upon their representatives is seen in the 
 pronounced opposition to the adoption of the present 
 Constitution of the United States without a bill of rights 
 (§ 120). These guarantees of liberty, instead of growing 
 fewer, as we might imagine, have increased in number, in 
 explicitness, and in value. Many of them are unneces- 
 sary now as then, because public sentiment is a unit upon 
 them, and public sentiment is, in many ways, a better safe- 
 guard than a constitution; but it must be taken into con- 
 sideration that when a court decides that a particular act 
 violates an individual right, it can protect the right only 
 because the act violates, at the same time, the law, statu- 
 tory or constitutional, which guarantees that right. So pub- 
 lic sentiment could not supplant the constitution as a 
 protector of the individual; it can only supplement it. 
 
 555. Classification of Civil Rights. — We may roughly immunities 
 classify civil rights according to the source of possible ^^amst 
 restraint from which protection is afforded, as I, rights state govern- 
 against the government or immunities from governmental "^^^*s. 
 action; and II, rights against individuals. Under the 
 first head we have (i) immunities against the national gov- 
 ernment, all of which are contained in the United States 
 Constitution or statutes; and (2) immunities against the 
 state and local governments, which are guaranteed either 
 by {a) the United States Constitution or {b) the constitu- 
 tions of the states. Statutes may still further extend the 
 field of this form of individual liberty; while the practical 
 value of the constitutional provisions depend, to a large 
 extent, upon the interpretation which the courts give them. 
 
 The rights against individuals are, in fact, guarantees. Rights 
 made by the constitutions or the governments, that certain ^f^^^j* 
 rights shall be respected by others. They are of two kinds : 
 
458 
 
 The American Federal State 
 
 Apply al- 
 most exclu- 
 sively to 
 national 
 government. 
 
 Provisions 
 applying to 
 both central 
 and state 
 governments. 
 
 Cooley, 
 Const' I Law, 
 294-301, 
 last ed. 
 
 (i) personal rights and (2) property rights; and the guar- 
 antees made in state statutes are usually in the form either 
 of methods of procedure or of penalties for personal injury 
 (not considered in the light of a crime), and of payments 
 for damages done. 
 
 It will be impossible in a single chapter to treat more than the con- 
 stitutional rights, with slight reference to those which are protected in 
 criminal and in private law. 
 
 556. General Rights in the United States Constitution. — 
 
 As indicated in the last section, the provisions of the 
 United States Constitution which guard individual rights 
 afford protection either from the United States govern- 
 ment, the state government, or both; but it must never be 
 forgotten that they apply exclusively to the government of 
 the nation unless otherwise stated. In other words, prac- 
 tically the whole national "bill of rights " has nothing what- 
 ever to do with the state governments, which, so far as the 
 United States Constitution is concerned, may abridge lib- 
 erty of the press, freedom of speech, or religious freedom, 
 and deny right of trial by jury. Since the national gov- 
 ernment is one of enumerated powers and, therefore, can 
 do only that which has been granted to it; and since prac- 
 tically the whole domain of private and criminal law belongs 
 to the states, there was, and now is, much less need of pro- 
 tecting the individual from the central government than 
 from the state and local governments. But so far as the 
 United States does deal with individuals, the need is far 
 greater, because the national government is less easily 
 subject to popular control. 
 
 557. Immunities from all Government. — Certain per- 
 sonal rights are protected by the national Constitution from 
 both national and state governments. Neither Congress 
 nor the legislatures are allowed to pass any ex post facto law, 
 i.e. to make an act criminal which was not a criminal act 
 at the time it was performed, or to increase the penalty for 
 a crime committed before the Jaw which made the penalty 
 
Legal and ConstiUUional Rights 459 
 
 heavier had been passed. Neither government shall pass 
 any bill of attainder, which deprives an individual of life 
 and his relatives of property by act of a legislature. Neither 
 has the right to establish slavery or any form of servitude 
 " except as a punishment for crime whereof the party shall 
 have been duly convicted." Nor can either government 
 deny to any one the privilege of the writ of habeas corpus^ 
 unless the denial is justified by public danger. To us these 
 statements are platitudes, but they are all, especially the 
 last, aimed to prevent the recurrence of abuses that darken 
 the pages of English and, to some extent, American history. 
 
 558. Freedom of Speech and Religion under United States Regulations 
 Government. — The first amendment to the Constitution ^^egarding 
 denies to Congress the right of either establishing any re- ^^ ^^^°°' 
 ligion or prohibiting the free exercise of a religion by any 
 individual. This does not prevent Congress, however, from 
 making illegal such practices as polygamy within the terri- 
 tories, even when that is one of the fundamental doctrines 
 
 of a religious sect. 
 
 The same amendment prevents Congress from abridging Speech, the 
 
 freedom of speech and of the press, or denying the right P^^^^- P^^^" 
 
 to assemble and petition the government. All of these pro- assembling. 
 
 visions are less important than they seem, because it is ^ , 
 
 • 1 • 1 Cooley, xbid.t 
 
 held that withm the states Congress has no power whatever 278-281, 
 to deal with these subjects; and some go so far as to assert 283-293. 
 that when an official of the United States is defamed by a 
 citizen of a state, he can have recourse only to the legal 
 remedy of that state. For that reason the sedition law of 
 1798 (§ 153), which in substance created a national libel 
 law, has been thought by many to be unconstitutional. 
 
 559. Personal Security under the United States Govern- Protection 
 ment. — The abuse of the privilege claimed by the British ^'"^"^ soldiers 
 
 . and arbitrary 
 
 government m colonial times to quarter its soldiers in pri- arrests. 
 
 vate homes without pay, and to issue general warrants for q^^x^ m^ 
 
 search of houses and arrest of persons, led to the adoption 217-222. 
 
 of the third and fourth amendments. In time of peace no 
 
 soldier of the United States shall be permitted to occupy a 
 
460 
 
 The American Federal State 
 
 Jury trials. 
 
 Cooley, ibid,, 
 
 246-250, 
 
 301-310. 
 
 Amendment 
 V. 
 
 Regarding 
 
 contract 
 
 laws. 
 
 Cooley, 
 Const' I Law, 
 311-327 
 
 house if the owner is unwilling; and, during wars, he can 
 do it only in accordance with regulations laid down by 
 Congress for the whole country, though it must be admitted 
 that an aggrieved person finds it difficult to obtain any 
 redress under the latter conditions. Neither can a United 
 States officer, by means of a general warrant, i.e. one which 
 does not name the person accused or the goods to be seized, 
 ransack the house of suspected persons till incriminating 
 evidence is found, and, upon that evidence, arrest the 
 person. 
 
 560. Immunities against United States Government in 
 Other Respects. — Although so few crimes come under the 
 jurisdiction of United States courts, there are elaborate 
 provisions in the fifth, sixth, and eighth amendments which 
 guarantee right of trial by jury and other rights, which 
 give the accused every possible advantage. As the state 
 bills of rights are quite similar, and vastly more important 
 because used so much more, these rights will be enumerated 
 later. Right of trial by jury in suits at common law in- 
 volving at least ^20 is assured by the national Consti- 
 tution, while the people are permitted to keep and bear 
 arms at all times in order that a military despotism may not 
 be possible. In the punishment of treason the government 
 is restricted to the definition of that crime given in the 
 Constitution; guilt must be proved by testimony of at least 
 two witnesses to the same act or confession in open court, 
 and no conviction shall affect any one but the guilty party. 
 
 In the fifth amendment, security for persons and property 
 is assured in the words, " Nor shall any person ... be 
 deprived of life, liberty, and property without due process 
 of law, nor shall private property be taken for public use 
 without just compensation." 
 
 561. Protection by the United States Constitution against 
 the State Governments. — The rights of individuals against 
 the state governments are protected by two very useful pro- 
 visions of the United States Constitution. One of these is 
 in the Constitution itself, the other in the fourteenth amend- 
 
Legal and Cojistitutional Rights 
 
 461 
 
 ment. The first says that no state shall pass any law im- 
 pairing the obligation of contracts, and has been the source 
 of almost unlimited dispute, due especially to the meaning 
 of the word contract. It is now understood that any law 
 which alters in any way a contract between private parties, 
 or changes in an unreasonable way the means of enforcing 
 it, comes under this prohibition upon the states. Likewise 
 a contract, as e.g. a charter, made between the state and 
 individuals or corporations, cannot be altered by the state 
 government unless the state constitution expressly reserves 
 to the legislature the privilege of changing it, or the con- 
 tract itself provides for amendment or cancellation by the 
 state. 
 
 In the same section of the Constitution that contains the 
 clause considered above, the states are denied the right to 
 " make anything but gold and silver coin a tender in pay- 
 ment of debt," thus protecting creditors on long time 
 payments and all citizens in regular business. 
 
 562. Protection by *'Due Process of Law." — The first 
 section of the fourteenth amendment asserts that no state 
 shall " deprive any person of life, liberty, or property with- 
 out due process of law, nor deny to any person within its 
 jurisdiction the equal protection of the law." If a state 
 shall attempt to do any of these things, the party aggrieved 
 may obtain justice by taking his case before the United 
 States courts. But, of course, no person is guaranteed that 
 his state government will adopt those laws and that method 
 of procedure that will give him the best opportunity to pre- 
 serve his life and liberty and retain his property. In reality 
 this is intended to serve only as a check upon arbitrary 
 action by state governments. If the technical forms of law 
 are observed, no person has any legal redress. 
 
 563. The State Bills of Rights. — From a practical stand- 
 point, the bills or declarations of rights in the state consti- 
 tutions are much more valuable in maintaining individual 
 liberty than similar articles in the Constitution of the 
 nation. There is quite a difference between the older and 
 
 Payment of 
 debts in gold 
 or silver. 
 
 What it in- 
 cludes, 
 
 Cooley, ihid.^ 
 230-235- 
 
 The older 
 and the 
 newer bills of 
 rights. 
 
462 The American Federal State 
 
 the newer bills, the latter being far more definite; but, 
 nevertheless, a general similarity prevails. With scarcely 
 an exception, they open with a repetition of certain state- 
 ments from the second paragraph of the Declaration of 
 Independence, and many of them close with such a gen- 
 erality as " a frequent recurrence to the fundamental princi- 
 ples of civil government is absolutely necessary to preserve 
 the blessings of liberty." Many include a few maxims or 
 principles of government, but, on the whole, they are 
 devoted to an enumeration of specific rights which the 
 older ones say ought to be preserved and the newer ones 
 declare shall be inviolate. Most of them repeat the pro- 
 visions of the national Constitution which restrict the 
 powers of the state, and some of them are little more than 
 a copy of the national bill of rights. 
 
 Michigan is the only one of the states that has no separate bill of 
 rights. A good idea of the difference between the older and newer 
 ones can be obtained by comparing that of New Hampshire or Ver- 
 mont, or even of Massachusetts, with that of any state west of the 
 Mississippi. The new constitution of New York gives an interesting 
 summary of " rights." 
 
 Full religious 564- Religious Liberty. — Nothing is given greater 
 rights. prominence in the state bills of rights than the state- 
 
 Cooiey, ments referring to religious liberty. No state religion is 
 
 Const'iLaw, ^.o be established anywhere, nor is any person to be com- 
 pelled to pay for the support of a particular church, to be 
 denied free expression of religious views, to be disquali- 
 fied from holding office or exercising legal rights because 
 of his opinions. But some add that practices under the 
 cloak of religion that are detrimental to public morals shall 
 be punished as crimes. 
 The law of 565. Freedom of Speech and of the Press. — The states 
 
 have adopted many of the rules and practices of the com- 
 mon law — the original law of England — this having been 
 the chief source of our rights and remedies; but some parts 
 of this law have been modified in order to increase indi' 
 
 214-216. 
 
 libel 
 
Legal and Constitutional Rights 463 
 
 vidual liberty and gain the best results from government by 
 the people. The common law did not give an individual 
 the right to criticise candidates and officials as we do now, 
 neither did it permit one person to say of another what we 
 may legally do to-day. One of the maxims relating to the 
 freedom of speech and of the press shows thisj for as an 
 eminent English chief justice, Mansfield, said, "The 
 greater the truth, the greater the libel." Our own custom 
 is exactly the reverse, for over half of our constitutions 
 expressly state that in a suit for libel the truth may be given 
 as evidence, and all provide for freedom of speech and the 
 press, asserting, however, that all persons shall be liable for 
 abuse of the liberty. 
 
 566. Protection of Property from the Government. — Through just 
 There are two ways besides robbery in which government ^^^^^lon. 
 may take the property of its citizens and subjects without 
 their consent. One through taxation, the other by exercis- 
 ing the right of eminent domain. The state constitutions 
 almost invariably go farther than that of the United States 
 in protecting individuals from arbitrary action; e.g. when 
 a constitution says that all taxation shall be just and uni- 
 form, and that the general property tax shall be levied in 
 proportion to value, while double taxation is forbidden, 
 property owners who believe themselves unfairly treated 
 can have recourse to the courts with every probability of 
 receiving justice. 
 
 The right of eminent domain may be exercised by the Eminent 
 state either for itself, for one of its public corporations, or o"^^^'^- 
 for private corporations, or private parties. The constitu- Cooiey, ibid., 
 tions usually provide that the property shall be taken only ^^ 
 for a public use, and arrange that in case of disagreement 
 between the property owner and those needing the property 
 the courts shall leave the amount of compensation to a jury 
 or other tribunal, whose decision is final. Individuals 
 are therefore fully protected, though their claim to a par- 
 ticular piece of property is subordinate to that of the 
 public. 
 
464 The American Federal State 
 
 Holding 567. Rights of a Person accused of Crime. — Both the 
 
 persons for United States and the state constitutions are very careful 
 in guarding the rights of any one held for trial. Persons 
 suspected of murder can be tried only upon a presentment 
 or indictment of a grand jury, i.e. only after an examination 
 before impartial fellow-citizens followed by a written state- 
 ment that the evidence justifies their being held. In most 
 of the states, persons may be tried for lesser crimes upon 
 a charge called information, made by the public prose- 
 cutor; but even then they may have the benefit of a pre- 
 liminary examination before a grand jury or a justice of a 
 minor court. 
 Trial of The accused is everywhere guaranteed a speedy trial, 
 
 accuse . 2iiA, except for crimes punishable by death, has the oppor- 
 Cf. Cooiey, tunity of offering bail, which is forfeited if he fails to 
 .,301-310- appear on the day appointed. When the trial begins, he 
 has counsel furnished by the court if unable to pay for an 
 attorney himself. Whatever witnesses he or his lawyer 
 desire shall be called, and no witness can testify against 
 him except in open court in his presence, an exception 
 being made when death-bed testimony is introduced. A 
 jury is always used to decide whether the facts show that 
 the person is guilty, a unanimous verdict being necessary 
 to convict. The defendant cannot be compelled to testify 
 against himself, and if acquitted cannot be retried under 
 ordinary circumstances. If the jury is divided in its 
 opinion, however, there has legally been no trial whatever. 
 The whole system presupposes a person innocent till proved 
 otherwise, while everything about it favors the accused. 
 Two forms 568. Protection of Rights under Penal Codes. — The 
 
 criminal laws made by the state legislatures serve at the 
 same time to protect the general public and any individual 
 who is injured, and yet render justice to those tried for 
 crime. We may separate the laws into two parts, — the penal 
 code proper and the code of criminal procedure. The 
 former deals with the definition of crimes, the latter with 
 the methods used by the criminal courts. 
 
 of codes. 
 
Legal and Constitutional Rights 
 
 465 
 
 Most of the crimes are either against property or against Definition 
 
 the person, but the interest of the community at large 
 to prevent the spread of crime is treated as more im- 
 portant than that of the injured party. As no one can 
 be punished for crimes not on the statute books, every 
 effort is made to fully cover the multitude of offences 
 which may be committed, and provide suitable penalties 
 for each. 
 
 569. Protection of Rights by Suits at Law and in Equity. 
 — Individual rights are, however, protected more by the 
 "civil " than by the criminal laws. When a personal griev- 
 ance against some one else amounts to a crime, the state 
 takes charge of the prosecution, the complaining party being 
 merely a witness, who obtains no pecuniary satisfaction if 
 the defendant is found guilty; but in civil suits, the person 
 aggrieved brings suit directly against the one who has 
 injured his person or his property, and, in case his con- 
 tention is sustained by the court, he obtains judgment for 
 such an amount as the court deems reasonable. 
 
 and nature of 
 crime. 
 
 Distinction 
 between 
 civil suit and 
 criminal 
 case. 
 
 Of " civil " suits there are two distinct kinds, commonly known as 
 suits at law and suits in equity. They not only relate to different sub- 
 jects, but employ entirely different methods. In general, the lawsuits 
 deal with the ordinary affairs of life, including land titles, contract 
 rights, debt obligations, and many others. The methods of procedure 
 are rather complicated, and, while the number of rights recognized and 
 guaranteed by this branch of the law are numerous, it would often be 
 impossible to obtain justice through it alone, because it is too rigid 
 and technical. These defects "equity" is intended to remedy. The 
 procedure in equity cases is comparatively simple, and the methods of 
 equity courts enable them to afford deeper, quicker, and more sub- 
 stantial relief than would be possible under the processes of the "law" 
 courts. Equity, however, covers relatively few cases, and those are 
 generally of a complex nature, such as questions of trust, liens, frauds, 
 etc. The chief advantage of equity from the standpoint of rights is 
 that, as Dole says, " equity administers the ounce of prevention ; law, 
 the pound of cure," e.g. by means of injunction an equity court will 
 prevent your neighbor from erecting a nuisance at your dooryard or 
 building a railroad across your lot, whereas a court of law can only 
 give you satisfaction afterward for injury done. 
 
 2H 
 
 Distinction 
 between suits 
 at law and 
 suits in 
 equity. 
 
466 
 
 The American Federal State 
 
 Protection of 
 weaker 
 classes by 
 law. 
 
 Homestead 
 
 exemption 
 
 laws. 
 
 Spofford, in 
 Lalor, II, 
 462-465. 
 
 Cleveland, 
 
 Democracy^ 
 
 380-385. 
 
 Historical 
 importance 
 of jury 
 system. 
 
 Right of trial 
 to-day in 
 criminal 
 cases ; 
 
 in lawsuits. 
 
 570. Homestead Exemption Laws. — Many rights are nov» 
 recognized by the constitutions and the statutes which for- 
 merly had no existence. For example, married women, 
 who in times past had no separate property rights, are now 
 almost everywhere permitted to own and manage separate 
 property, and have claims upon that of their husbands; 
 laborers are given preference over other creditors of their 
 employers; and debtors are permitted to retain their 
 homesteads in case of insolvency. 
 
 At the present writing, homestead exemption laws are 
 to be found in all but four states, all of which belong to 
 the original thirteen. Of the others, the majority place the 
 maximum value of property exempted at ^1000 or ^2000, 
 though several go as high as ^5000. Many of these also 
 allow debtors to keep personal property, either in addition 
 to the homestead or without the latter. Both the letter and 
 the spirit of the law of to-day favor the rights of those who 
 would naturally be least able to protect themselves. 
 
 571. Extent to which the Jury System is used. — The 
 credit for maintaining so satisfactorily the rights of indi- 
 viduals before the law in England and America belongs, 
 to a very great extent, to the jury system. When popular 
 participation in the work of government was much less 
 common than at present, when judges could not possibly 
 be influenced directly by the wishes of the people, and 
 when the principal characteristic of the criminal laws was 
 their harshness, the right of trial by jury was almost the sole 
 source of justice for the common people. With the changed 
 conditions of the present, it is no longer the one thing 
 indispensable to the oppressed, but its extensive use bears 
 witness that its value is not purely historic. 
 
 In criminal cases where the crime amounts to a felony, 
 the guilt of the accused is always determined by jury; but 
 for many kinds of misdemeanors the police justice renders 
 the decision, unless the defendant demands a jury trial. 
 
 In lawsuits there is scarcely a state that does not permit 
 the jury trial to be waived with the consent of both parties; 
 
Legal and Constitutional Rights 467 
 
 but some of the newer ones have gone farther and do not 
 require a unanimous decision. 
 
 Nevada provided in her constitution (1864) that in civil suits three- States that 
 fourths of the jury should be sufficient to decide. California, Wash- have abol- 
 ington, Idaho, and Utah have followed her example ; Minnesota has ^^"^^ unani- 
 given her legislature the right to pass a law that six of the jury are j- ^ 
 enough; while Montana is the most lenient of all, and allows two- 
 thirds of the jury to decide civil suits. So far Idaho is the only state 
 that has broken away from the unanimous vote in criminal cases by 
 giving five-sixths of the jury the right to render a decision in mis- 
 demeanors. 
 
 572. Advantages of Jury Trial. — Juries are an advantage To the jury- 
 both to the accused and the jurymen. To the former, ""^" ^"^ *^® 
 
 •' -' ' accused. 
 
 because the facts connected with his guilt or innocence are 
 viewed from the standpoint of common sense rather than ^^ £^^ g^ 
 of law. The jury disregards technicalities, but places the 83. 
 emphasis upon the right or wrong involved. It takes into 
 account the circumstances, the motive, and the conse- 
 quences, so that if it errs at all, it errs on the side of 
 leniency. If the bench, and not the jury, were to decide 
 the facts as well as the law, the letter of the law would be 
 less violated with impunity; but its spirit would grow frail 
 through disuse : the law would lose in force what it gained 
 in definiteness. As a legal system it would be more per- 
 fect, but as a medium of justice it would be a failure, 
 becoming more and more undemocratic. 
 
 To the citizen the jury gives opportunity for civic edu- 
 cation. It brings him into touch with the work of adminis- 
 tering the law and makes him part of it, and in so doing 
 gives him clearer conceptions of legal rights and methods, 
 and fits him to exercise his duties as a citizen with greater 
 knowledge and to better purpose. 
 
 573. Disadvantages of Jury Trial. — The main question is Abuses and 
 whether these advantages are worth what they cost, whether ^"^c*^- 
 they apply to all forms of jury trial, and whether they 0016,73-77. 
 are not, after all, but partially secured on account of the 
 numerous exemptions from jury duty. Civilization to-day 
 
468 The American Federal State 
 
 is complex, and on every hand demands division of labor 
 and concentration of effort. Formerly men had many lines 
 of work, and one additional did not matter; but now to 
 break in upon a prescribed routine entails serious loss not 
 only at the time, but in all subsequent efforts. It has 
 therefore been considered necessary to exempt from jury 
 service all who are in the professions or upon whom respon- 
 sibility is centred. This removes at once the ablest classes 
 from the jury lists, and has given some ground for the 
 charge that only the ignorant and thoughtfree are wanted. 
 The jury, consequently, does not represent the community, 
 and the civic education is as often as not wasted. More- 
 over, the juries are less fitted to understand and judge ques- 
 tions involving knotty problems of law, and, on the whole, 
 do not give satisfaction in civil suits. They are especially 
 desired by the lawyer who has a weak case, for he can easily 
 deceive them; and, as they cannot take notes, an eloquent 
 appeal at the last blinds them to all previous evidence. In 
 criminal cases a jury drawn from the lower half of society 
 often fails to protect that society out of sympathy for the 
 accused. Summing up we may say : the jury is expensive, 
 under present conditions it is necessarily unrepresentative; 
 in civil suits, through its ignorance, and in criminal cases, 
 through its prejudice, it often defeats the ends of justice. 
 
 QUESTIONS AND REFERENCES 
 
 Rights guaranteed by the United States Constitution 
 
 (§§ 554-562) 
 
 1. Trace the history of the writ of habeas corpus (cf. Medley, Eng- 
 lish Constitutional History). Has the denial of the privileges of the 
 writ in this country ever worked hardships ? 
 
 2. Ought all civil rights to be national instead of part national and 
 part state ? Give arguments for and against the nationalization of 
 civil rights (cf. § 249). 
 
 3. Is there any connection whatever between personal liberty and 
 guarantees of rights by the states, i.e. would personal liberty be endan- 
 
Legal and Constitutional Rights 469 
 
 gered by nationalization of civil rights ? Why have most of the people 
 of the United States in the past held that it would ? 
 
 i. What provisions of the national bill of rights are of especial 
 value ? What ones belong almost solely to history ? Are any a dis- 
 advantage at present ? If so, which ? 
 
 Rights under the State Constitutions and Laws 
 
 (§§ 563-570) 
 
 a. Look up the method of procedure in criminal cases, in suits at 
 law, and in equity ; consult Willoughby, American Citizenship, 94- 
 109; Dole's Talks on Law, chaps. IV- VIII, XII; Andrews, Ameri- 
 can Law, Parts III, IV. 
 
 1. Make a comparison of an eighteenth-century bill of rights with 
 a recent one; of your first one with the one of to-day. 
 
 2. Is there too much license in speech and writing ? What should 
 be the proper limit between proper freedom and too little restraint ? 
 Under what circumstances, if any, ought the truth to be considered 
 libellous ? 
 
 3. How can private parties take property for a public use ? What 
 constitutes a public use ? Should the courts or the legislature deter- 
 mine what is, and why ? 
 
 i. Is your bill of rights long or short, general or specific ? What 
 provisions of the United States Constitution are copied ? Are all of 
 the national prohibitions upon the state repeated ? 
 
 ii. Give the provisions regarding religious freedom, freedom of speech, 
 right in trials, property rights, and any others of importance. 
 
 iii. If possible, visit a courtroom and witness a trial. Learn the steps 
 necessary to begin a civil suit. Notice the difference in procedure in 
 criminal cases, in suits at law, and in suits in equity. 
 
 The Jury System (§§ 571-573) 
 
 a. Notice the advantages of the jury system as given by Lieber, 
 Civil Liberty and Self-government, 234-237; H. H. Wilson, in Popular 
 Science Monthly, XXIV (1883), 676-686; and Townsend, in Forum, 
 XXII (1896), 107-116. 
 
 b. Compare the above with the accounts of E. A. Thomas, in Forum, 
 III (1887), 102-110; C. H. Stephens, in Popular Science Monthly, 
 XXVI (1884), 289-298. 
 
4/0 The American Federal State 
 
 1. What reforms in the present jury system seem to be demanded ? 
 Can you suggest a suitable substitute for the jury ? 
 
 2. Look up the origin of jury trial. When did it originate ? Where ? 
 What changes has it undergone ? 
 
 i. What is a grand jury ? Is more than one held in your county 
 each year ? If not, what does it do ? If so, what are the tasks of 
 each ? 
 
 ii. How are jurors selected for a term of a court ? How for a par- 
 ticular jury ? Are they paid ? If so, how much ? Who are exempted 
 in your locality ? 
 
CHAPTER XXV 
 
 TAXATION 
 Oeneral References 
 
 Hinsdale, American Government, 194-198. On national taxes. 
 
 Bryce, American Commonwealth, 356-365. On state finance. 
 
 Shearman, Natural Taxation. Defects of present system, and new 
 one proposed. 
 
 Roberts, Government Revenue. 
 
 Wells, Theory and Practice of Taxation, 
 
 Ely, Taxation in Avierican States and Cities. Interesting facts, fig- 
 ures, and suggestions. 
 
 Plehn, Public Finance, Part II, chaps. IV-IX. The most satisfactory 
 brief account of American taxes. 
 
 Daniels, Public Finance. 
 
 Bastable, Public Finance, Books III and IV. The principles of taxa- 
 tion and different kinds of taxes, especially European. 
 
 Seligman, Essays in Taxation. Brief treatment of the general prop- 
 erty and inheritance taxes, with full discussion of corporation 
 taxes by a very high authority. 
 
 Adams, Science of Finance, especially 286-516. Theoretical and prac- 
 tical consideration of taxes, particularly American. 
 
 Cooley, Taxation. The law of the subject. 
 
 Howe, Internal Revenue System in the United States, 
 
 West, The Inheritance Tax. 
 
 Jones, Federal Taxes and State Expenses. 
 
 574. The Question of Taxation. ■ — We may not fully agree importance 
 with those writers who hold unjust and arbitrary taxation ° ^****'°^- 
 responsible for the great revolutions of history, with their 
 resulting contributions to the progress of mankind; but the 
 present interest of a subject so closely connected with the 
 pocket-book of practically every citizen, and its future 
 importance as a possible means of solving some of the 
 problems of society, cannot well be questioned. 
 
 471 
 
472 
 
 TJie American Federal State 
 
 It should be 
 according to 
 ability to pay. 
 
 Adams, 
 Science of 
 Finance, 
 328-332. 
 
 Other charac- 
 teristics. 
 
 Bastable, 
 Public 
 Finance, 
 382-391. 
 
 575. Characteristics of a Good Tax. — There are certain 
 characteristics that every tax should possess. Among these 
 five are especially important, (i) It should be according 
 to the citizen's ability to pay. It is now generally felt 
 that ability should be the test of the amount paid in 
 taxes, because it is a social duty for the individual to con- 
 tribute to the support of the government in proportion to 
 his means. But there is still a great deal of disagreement 
 over the best way to determine ability, some favoring the 
 net income, others the gross income, and a third set the 
 value of the property a man owns. (2) The times and 
 methods of assessment and collection should not be arbi- 
 trary, but fixed and known to all. (3) The tax should be 
 as little felt as possible. All of the burden should not be 
 placed upon a single class, as in many of the French taxes 
 just before the great Revolution. An old but defective tax 
 is often less felt than a new, though much better tax. 
 Changes should, in consequence, take place only when the 
 good to be derived clearly overbalances the difficulty the 
 people encounter in adjusting themselves to the change. 
 (4) It should be easily administered. It should not be so 
 hard to assess the tax that a premium is placed on dishon- 
 esty. No tax can be easily administered that does not meet 
 with the support of the people, or of which the cost of col- 
 lection is great. (5) It should be suited to the district for 
 which it is assessed. The absurdity of allowing cities or 
 even states (commonwealths) to levy customs duties or 
 internal revenue is clearly apparent, while a general land 
 tax would be about as little suited to the purpose of the 
 central government. 
 
 Tax systems. 
 
 Bastable, 
 256-258. 
 
 576. Tax Terms. — By a system of taxes we mean the sum total 
 of all of the taxes levied by any one government. In most countries 
 there are two tax systems: the national and the local; in this country 
 we have three : the national, the state, and the local. Now, as a matter 
 of fact, no one tax is likely to possess all of the characteristics we have 
 just enumerated. But if no tax is seriously defective, and if the system 
 as a whole conforms to these characteristics, the tax system might be 
 
Taxation 
 
 473 
 
 said to be good. But in order to be satisfactory, a tax system must do 
 more than that. The systems of the nation, the state, and the locali- 
 ties must not conflict or greatly overlap, while each system must be 
 adapted to the peculiar needs of its government, as shown in the 
 expenditures of that government. 
 
 Taxes are either direct or indirect, but a great deal of confusion has 
 been occasioned by the use of these words in different senses. The one 
 most common speaks of direct taxes as those which are actually paid 
 by the person upon whom they are assessed, as ordinary land, house, 
 and " personal " taxes. Indirect taxes are those levied upon imported 
 goods, and most forms of internal revenue where the person paying 
 the tax adds the amount of it to the price of the goods, and the tax is 
 really paid by the purchaser. Most authorities agree that the expres- 
 sion " direct taxes " in the Constitution does not include all of the 
 direct taxes just mentioned. 
 
 When the total amount to be raised by a specific tax is ascertained 
 beforehand, and the amounts for different localities are accurately stated, 
 the tax is said to be apportioned ; but if the tax rate, and not the 
 amount, is given, so that the total revenue depends upon the value of 
 what is assessed, we have 13, percentage or rated tax; e.g. the tax upon 
 customs duties falls in the second class because the rate is specified, 
 and the amount depends upon how much is imported. 
 
 Finally, taxes may be proportional or progressive. If the rate is 
 the same for the person who pays a small tax as it is for the one whose 
 assessment is large, the tax '\% proportional ; but when the rate increases 
 with the assessment, progressive taxation results. E.g., an income tax 
 that exempts all persons with incomes of less than $1000 a year, 
 charges two per cent on incomes between ^lODO and ^5000, three 
 per cent on those between %%fXiO and ^10,000, and so on to ten per 
 cent on all annual incomes of over $1,000,000 is progressive. So 
 also an inheritance tax, where the rate varies both with the amount 
 of any single bequest and the relationship of the legatee, is pro- 
 gressive. 
 
 Direct and 
 
 indirect 
 
 taxes. 
 
 Apportioned 
 and percent- 
 age taxes. 
 
 Proportional 
 and progres- 
 sive taxes. 
 
 Bastable, 
 289-306. 
 
 Adams, 337- 
 352. 
 
 577. The Cost of Government. — Before taking up the Expendi- 
 different tax systems of our country, let us consider for a ^^^^ of 
 
 , ,, , , . national, 
 
 moment the cost of all our governments to the people, in state, and 
 order to get a better idea of the amount of money re- local govern' 
 quired. For the fiscal year 1900 the national government 
 spent ;^487,7i3,79i.7i in addition to the receipts of the 
 post-office. In 1895 the state governments expended 
 ^129,129,225, and the amount in 1900 probably exceeded 
 
 ments. 
 
474 
 
 The American Federal State 
 
 Peace and 
 war taxes of 
 United States 
 government. 
 
 Three 
 periods of 
 national 
 taxation. 
 
 Howe, 
 Internal 
 Revenue, i-8. 
 
 ;^ 1 5 0,000,000. The census of 1890 shows that the expendi- 
 tures of local and municipal governments for all purposes ag- 
 gregated over ^460,000,000. In 1900 the total, including 
 municipal investments, must have reached ;^65o,ooo,ooo. 
 This would make the entire expenditures of all governments 
 for that one year nearly ^1,300,000,000, almost all of 
 which was raised by taxation. 
 
 578. The National Tax System. — A casual examination 
 of national expenditure would show us that in times of 
 peace more than one-half the money paid out by the national 
 government is for the army and navy, for pensions and 
 interest on the war debt. This proportion is of course 
 vastly increased in time of war, so that the ability to meet 
 this increase, wholly or in part, is one of the greatest needs 
 of the national system. This need is largely met by the 
 extensibility of internal revenue and other taxes. In time 
 of peace the principal taxes that are used are customs duties 
 and internal revenue, while taxes added during periods of 
 danger include income and inheritance taxes. 
 
 In 1900 receipts from customs was j^233,i64,87i.i6, from internal 
 revenue, 1295,327,926.76, postal service, ^102,354,579.29, and the 
 total reached $669,595,431.18, leaving a surplus for that year of 
 ;^79»527»o6o.i8. 
 
 579. History of National Taxes. — Roughly speaking, 
 national taxation has passed through three periods. The 
 first of these was brief, from 1789 to 1802, during which 
 various forms of customs duties and internal revenue were 
 used, and experiments were made with direct taxes on lands, 
 houses, or slaves; besides taxes on auctions and carriages. 
 The second, from 1802 to 1861, was marked by an almost 
 exclusive dependence upon duties, except for brief periods 
 when heavy expenses rendered more revenue imperative. 
 The third dates from the beginning of the War of Secession, 
 at which time internal revenue was reincorporated into our 
 national system and various war taxes were introduced, 
 notably that on incomes. 
 
Taxation 475 
 
 580. Operation of Customs Duties. — Taxes upon imports Merits and 
 have been the chief reliance of the national government, 'iemerits of 
 They have been used from the start for the double purpose ports. ^" ^^' 
 of raising revenue and affording protection to industry, p^^^^^ ^ ,^. 
 Because of this double purpose the tax, as a tax, has often Finance, Part 
 increased the difficulties that customs duties always cause: n.chap.vii. 
 that of making the poor pay much more than their share Bastabie, 
 of the tax. As the greater part of the duty is paid upon 5^2-532. 
 goods bought by all classes, the man with an income of 
 $10,000 probably does not pay more than three times as 
 much as the man with an income of ;^5oo a year. This is 
 certainly unfortunate, especially if the duties are heavy, for 
 the poor man ought to be exempt as far as possible from 
 all taxation. To counterbalarce these disadvantages there 
 are certain nominal gains derived from this, as from all 
 indirect taxes. As the duty is paid by the importer, the 
 purchaser does not realize when the tax is a part of the 
 price he has to pay, or what part of the price is a tax. 
 The burden of the tax is therefore little felt. 
 
 In connection with this paragraph the discussion of the other sides 
 of the tariff (§§ 606-610) should be considered. 
 
 581. Internal Revenue. — At present internal revenue is Bases and 
 
 quite as valuable as the duties, while it is likely to be even advantages 
 ■^ . •' of our excise 
 
 more used in the future. The three chief sources of inter- taxes. 
 
 nal revenue proper have been distilled spirits, fermented pig^n Part. 
 liquors, and tobacco, the custom being to increase the rate II, chap. VI. 
 upon these three and add new schedules covering various 
 business transactions whenever the need arises. All of the 
 advantages of indirect taxes are claimed for them, besides 
 the merit of restricting the sale of articles on the whole 
 injurious to the community. In case of war they are 
 especially valuable, for foreign commerce is likely to be 
 reduced in amount, while the tax rate on domestic indus- 
 try can be greatly increased without seriously crippling 
 business. Everything considered, they are the most satis- 
 factory national taxes we have tried. 
 
4/6 
 
 The American Federal State 
 
 Other internal taxes considered later deal with incomes 
 and inheritances. 
 
 Excise taxes 
 in United 
 States since 
 1791. 
 
 Howe, 
 Internal 
 Revenue, 
 9-38. 
 
 The War of 
 1812. 
 
 Howe, 39-49. 
 
 The Civil 
 War. 
 
 Howe, 50-81. 
 
 Recent 
 internal 
 taxes. 
 
 Howe, 214- 
 233- 
 
 582. History of Internal Revenue Taxation. — The first 
 
 internal revenue taxes were levied upon distilled spirits in 1791 at the 
 instigation of Hamilton. The law was modified the next year, but its 
 attempted enforcement led in Pennsylvania to what is known as the 
 whiskey rebellion (1794). The same year as this revolt, separate in- 
 ternal taxes upon carriages and auctions were created, and later 
 (1797) stamp taxes were first used. All of these, as well as the direct 
 taxes adopted during the same period, were repealed in 1802. 
 
 It was not until 181 3 that the inadequacy of the revenue forced 
 Congress to return to some form of internal taxation. The new sched- 
 ules included Hquor taxes and licenses, stamp duties on legal instru- 
 ments, carriage and auction taxes: in short, the whole scheme was 
 copied from the Federalists. These taxes lasted four years. 
 
 During the War of Secession no tax that we should call internal was 
 assessed until 1862. On July i of that year an omnibus bill, fore- 
 shadowing the system which was to include everything and everybody, 
 was adopted by Congress, but the rates were much lower than those 
 accepted later. Among other provisions were those for the taxation 
 of all kinds of liquors, corporations, inheritances, incomes, stamp 
 taxes on business papers, and taxes on business in general and every 
 operation in the process of manufacturing. Subsequent laws increased 
 the rates and added new sources of revenue, especially that of June 
 30, 1864, and no reduction was attempted till 1866, though by 1869 
 the amount of revenue from this source was but one-third what it was 
 in 1866. However, the difficulties encountered because there had 
 been no taxes of this kind before 1861 are apparent when we notice 
 that in 1864 the total from internal revenue and income taxes was but 
 ^iio,ooo,cx)0, while in 1866 it had risen to ^311,000,000. 
 
 From 1868 to 1898 the only important internal revenue taxes were 
 upon distilled or fermented liquors and tobacco. With the outbreak 
 of the Spanish- American War in 1898 the rates on these articles were 
 greatly increased and new schedules added, those creating stamp taxes 
 on certain kinds of manufactured articles and upon business papers 
 being the most profitable. Most of these new sources of revenue have 
 been dropped (1901). 
 
 Taxation of 
 incomes in 
 other coun- 
 tries. 
 
 583. Income Taxes. — Although we have no income tax 
 at the present time, the recent efforts made to levy one 
 (1894), the fact that we had such a tax for ten years, and 
 
Taxation 477 
 
 that some form of this tax is levied in the most advanced 
 countries of Europe make it worth while to consider it for 
 a moment. 
 
 The income taxes of 1 861-187 2 grew out of the pressing income taxes 
 need for revenue, and did not greatly consider whether the °^*^ *^^^^^ 
 
 . . . War. 
 
 tax itself was good or not. At no time were mcomes under 
 
 ^600 included, and the progressive principle was recog- -^^^^^ ^^ 
 
 nized most of the time, so that in the heaviest tax levied 
 
 incomes between ;^6oo and 1^5000 paid five per cent, those 
 
 over -$5000 ten per cent. 
 
 The income tax of 1894 grew out of need for revenue, Proposed tax 
 but many considered it purely a class tax, to make the °^^^94- 
 wealthier members of society pay more than their share. Seiigman, E. 
 No incomes below ^4000 were assessed, but two per cent q{^ ' ' 
 was levied upon all excess over 1^4000. The tax was declared (1894), 610- 
 unconstitutional by the Supreme Court because the Court ^'^^' 
 believed it a direct tax, which was not levied upon the states 
 in proportion to population, as directed by the Constitution. 
 
 584. Other National Taxes. — Direct taxes have been Direct taxes, 
 little used since the Constitution was adopted, having been Howe, 82-90. 
 voted only five times by Congress. The whole amount to 
 be raised is specified, and the sums which each state shall 
 contribute are determined by its population. 
 
 In order to secure more revenue and avoid the con- National cor- 
 stitutional difficulties encountered by income taxes, the po^^^^o'^ ^^''^■ 
 national government passed (1909) a corporation tax law, Conant, 
 levying a tax of one per cent on the net revenue of all "'J' I? 
 corporations in the United States above the exempted (1909), 231- 
 miniraum of ^5000. ^4°- 
 
 Inheritance taxes were tried twice by the national gov- inheritance 
 ernment in connection with the war for the Union and ^^^^2- 
 that with Spain. The earlier tax introduced the progres- Howe, 114- 
 sive principle only for relationships, the later one increased 
 the rate both according to the amount of the bequest and ^^^^^ i^^-)' 
 
 , . - A'ew Encyc. 
 
 the lack of blood relationship. Thirty-nve states also levy of Social 
 
 taxes on inheritances, eleven of which recognize the pro- Reforyn, 
 . , 621-624. 
 
 gressive principle. 
 
478 
 
 The A^nerican Federal State 
 
 Percentage 
 
 taxes. 
 
 Adams, 430- 
 434. 467-476. 
 
 General uni- 
 formity 
 throughout 
 United 
 States. 
 
 What it in- 
 cludes. 
 
 Seligman, 
 Essays in 
 Taxation, 
 
 54-59- 
 
 Plehn, Ft. II. 
 chap. IX. 
 
 Direct taxes were voted in 1798, 1813, 1814, 1815, and 1861. The 
 last was never fully paid, and the sums collected were returned to the 
 respective states in 1891. The law of 1864 made the rate for the 
 inheritance tax from one to six per cent; that of 1898 provides for a 
 minimum of three-fourths per cent and a maximum of fifteen per cent. 
 Many states also have taxes upon inheritances. 
 
 585. Administration of National Taxes. — The methods 
 employed in the administration of these taxes are more or 
 less alike. The government knows about how much money 
 it needs, but it cannot levy the taxes by fixing the amount 
 to be derived and then arranging the rate to correspond. The 
 Ways and Means Committee of Congress, as we have seen 
 (§§ 292-294), decides what the tax rate shall be on all articles 
 imported or produced, so that the revenue of the govern- 
 ment depends on the amount of dutiable goods imported or 
 the quantity of liquor and tobacco manufactured. Duties 
 are collected at the port where the goods enter the country, 
 the goods being apprized and the tax collected by officials 
 appointed by the government. For the administration of 
 the internal revenue tax, the country is divided into internal 
 revenue districts for each of which collectors are appointed. 
 
 586. State and Local Taxes. — There is of course a cer- 
 tain lack of uniformity in the state and local taxes used in 
 different parts of our country, but because of many similari- 
 ties and because the taxing power exercised by the cities 
 and counties is really a grant of the state to those local 
 divisions, we shall consider them together. 
 
 587. The General Property Tax. — The most common tax 
 in the United States is what is called the general property 
 tax. It is used by practically every state and by every sub- 
 division of the states. It covers almost everything that 
 makes up a man's wealth. It includes all real estate (land 
 and houses), and usually all personal property such as house- 
 hold furniture, business stock, jewelry, money, bonds (ex- 
 cept those exempt by law) , credits, etc. Such a tax is well 
 suited to a community where agriculture is almost the only 
 occupation, and where in consequence cities and business 
 
Taxation 479 
 
 interests are few. There it is possible for the assessors to 
 learn with some degree of accuracy what property a man 
 owns, and little of his personal property will escape taxation. 
 The fact that this tax was so well adapted to conditions one 
 hundred years ago does not, however, prove that it is suitable 
 for present needs. 
 
 588. Difficulties in assessing the General Property Evasion of 
 Tax. — The most serious difficulty is encountered when the payment on 
 assessors try to determine what each man's assessment shall property. 
 be. The houses and lands cannot run away, and the estimate . , 
 
 •' ' Adams, 
 
 of their value over a small area, such as a county, is compara- Finance, ^■^6- 
 tively simple. But it is something quite different to ascer- 445- 
 tain the true valuation of personal property. Citizens can Seligman, 
 easily misrepresent the value of many articles, while others, ^7-37- 
 like bonds, may be entirely concealed. The law tries to pre- 
 vent such an evasion by compelling every property owner 
 to make out a sworn statement or tax list stating just what 
 he possesses, and often stating what it is worth. Although 
 heavy penalties are prescribed for those who return a false 
 statement, it is the custom everywhere to leave out those 
 items whose omission would not be especially observable. 
 As these statements are made the basis of the assessors' esti- 
 mate, the assessment lists usually show the same omissions 
 as the statements, though the assessor is not bound to follow 
 them. 
 
 589. Defects of General Property Tax. — Since the general The poor 
 property tax can be so imperfectly assessed over even a "^^^ P^y^ 
 
 r c J f J ^ much more 
 
 small area, it leads to gross inequalities in the burden it than his 
 
 places upon different persons. Those who have a great deal s'^^^^- 
 
 of land, with very little other wealth, have their property Adams and 
 
 iissessed at perhaps seventy per cent of its market value, ^bof™^^' ^^ 
 
 while the capitalist who has put his money into railway stock 
 
 may pay taxes on less than twenty-five per cent of his 
 
 wealth. This inequality is the more glaring because it 
 
 weighs heaviest on the class least able to bear it — on those 
 
 engaged in agriculture. It makes the poor man in the city 
 
 pay more than his share in taxes on his little home or 
 
48o 
 
 The American Federal State 
 
 Inequalities 
 of the general 
 property tax 
 over large 
 areas. 
 
 Seligman, 
 24-26. 
 
 Adams, 
 445-449. 
 
 Problems in 
 the taxation 
 of corpora- 
 tions. 
 
 Adams, 
 449-466. 
 
 indirectly through rent, while his richer neighbor contributes 
 much less in proportion to his means, although he is abun- 
 dantly able to give a much larger part of his income. 
 
 590. Equalization. — These difficulties and inequalities 
 apply to both large and small areas. Another problem con- 
 fronts us when the area is of any considerable size. After 
 the town assessors have completed their work, it is necessary 
 for some body of men in the county to take the assessments 
 from the different towns and make sure that the assessment 
 in town A and in town B is made at practically the same 
 per cent of the actual value. This body is called the Board 
 of Equalization. If it happens that the assessment in town 
 A seems to be at fifty per cent and that of town B at eighty 
 per cent, while the average for the county is seventy per 
 cent, they will necessarily raise the assessment in town A and 
 lower that in B before the county tax is levied. But it is 
 almost impossible to learn with any exactness such differ- 
 ences ; and when it can be done, the attempt to equalize 
 the discrepancy is more often than not only partially success- 
 ful. The same difficulties much increased are encountered 
 by the state board that attempts to equalize the assessments 
 from the different counties. Thus it often happens that a 
 county in one part of the state pays state taxes on an assess- 
 ment from twenty-five to sixty per cent higher than the aver- 
 age of the state for the same kinds of property, and it may 
 be that the evasion of the personal property tax by others 
 will make this one county pay more than twice as much in 
 proportion to its wealth as the average of the state. 
 
 591. Corporation Taxes. — Many states are now making 
 an effort to pay their expenses without using the general 
 property tax, leaving that entirely to the localities. These 
 have recourse especially to corporation taxes, levied upon 
 certain classes of private corporations, such as banks, rail- 
 ways, insurance, telephone, and manufacturing companies. 
 The tax has not been used long enough to make the methods 
 of assessment at all uniform. In some cases it is assessed 
 upon the capital stock or upon the supposed value of the 
 
Taxatio7i 481 
 
 franchise, in others upon the gross or net earnings, or upon 
 the dividends declared. The tax is certain to fill an impor- 
 tant place in the state systems of the future, as it does in the 
 systems of the most progressive countries of Europe. The 
 growth of industrial as distinguished from agricultural com- 
 munities means that the general property tax must be dis- 
 carded ; and that separate taxes, Hke the corporation, real 
 estate, and business taxes, will probably take its place. The 
 things most necessary in making such a change are to see 
 that each person shall be asked to pay, just as far as possi- 
 ble, in proportion to his ability, that changes shall be suited 
 to the conditions, and that the burden placed upon industry 
 shall not be so heavy as to interfere with the general pros- 
 perity of the community. 
 
 592 . Special Assessments. — Our cities make very frequent Local assess- 
 use of what might be termed a form of tax, usually called a "^^^^^• 
 special assessment. When a street is to be opened or im- Seiigman, 
 proved, when a sewer is to be put in, or a sidewalk laid, 
 instead of paying for all of the expense out of the city funds, 
 a special assessment is made upon the property that will 
 derive the greatest benefit from the improvement. In most 
 cases this is the property immediately adjacent, but may be 
 understood to mean a larger district in which the rate of 
 assessment varies with the distance from the improvement. 
 
 QUESTIONS AND REFERENCES 
 
 National Tazes (§§ 574-585) 
 
 a. On the income tax of Great Britain, see Bastable, Public Finance^ 
 447-450, and Cohn, Science of Finance^ 488-494. On those of the 
 states, Seiigman, "Colonial and State Income Taxes," in P.S. Q., X 
 (1895), 221-247. 
 
 I. Should taxes be levied according to a person's ability to pay, or 
 according to the benefit he derives from the expenditures of the gov- 
 ernment ? Should they be progressive or proportional ? What is 
 the best test of ability, and why ? 
 2 I 
 
482 The American Federal State 
 
 2. Apply the test of a good tax (§ 575) to the different national and 
 state taxes, and notice what characteristics each has or lacks. 
 
 3. Should we have a national income tax like that of Great Britain ? 
 like that of Germany ? Are the chief objections to an income tax con- 
 stitutional, theoretical, or practical ? 
 
 i. What articles imported are taxed heavily purely for the sake of 
 revenue ? Does the principal burden fall on the articles of luxury or 
 necessity ? 
 
 ii. By the present law what is the tax on spirits, malt liquors, to- 
 bacco ? Is there any stamp tax now on commercial transactions ? 
 What other articles are subject to an internal tax ? 
 
 iii. What other countries now have inheritance taxes (Bastable, 
 549-562) ? What is the smallest bequest taxed in our present law ? 
 What is the lowest rate, and to whom ? the highest ? 
 
 State and Local Taxes (§§ 586-592) 
 
 a. Compare the opinions upon the single tax given in Shearman's 
 Natural Taxation^ 1 15 et seq.^ and in Lusk's " Single Tax in Opera- 
 tion," Arena, XVIII (1897), 79~89, with those expressed by Cohn, 
 Science of Finance, 374-381, and by Seligman, Essays in Taxation, 
 chap. III. 
 
 b. For suggestions that may prove valuable to the tax systems of the 
 future, consult Seligman, "Recent Reforms in Taxation," chap. X of 
 his Essays; Adams, "Suggestions for a Revenue System," in his Fi- 
 nance, 490-516; and Ely's "Taxation as It Should Be," Pt. Ill of his 
 Taxation. 
 
 1. Why is the general property tax so universal if its defects are so 
 numerous ? Can the defects be remedied by proper administration ? 
 Has this anywhere been done ? 
 
 2. Can a land tax be successfully operated over a large territory ? 
 Give your reasons in full. What is the best means of reaching personal 
 property ? Can it be done by a local tax ? 
 
 3. What are the objections to a locality's assessing income, inheri- 
 tance, or corporation taxes ? to a state's using any or all of these unless 
 other states do the same ? 
 
 4. Have the ruling classes ever paid their full share of the taxes ? 
 Is there any danger that democracy may seek financial reform through 
 attacks upon the rich ? How may taxation be used in the future to 
 solve some of the problems of society ? 
 
Taxation 483 
 
 For the following, see state political code and finance reports. 
 
 i. What proportion of your expenses in state, county, and city are 
 
 ■ paid by the general property tax ? Upon what is it legally assessable ? 
 
 Compare the assessment upon real estate with that upon personal 
 
 property for your county. What part of the latter probably escapes 
 
 notice ? What is the tax rate for the city ? the county ? the state ? 
 
 ii. Who is your assessor ? Does he assess for both town and 
 county ? Have you county and state boards of equalization ? If so, 
 how are they chosen ? How may any assessment be lowered ? 
 
 iii. If you have a state corporation or franchise tax, learn whether 
 the assessment is made upon the gross receipts, net receipts, or some- 
 thing else, and ascertain, if you can, how successful the tax is. Have 
 you any other taxes ? If so, what ? Give an account of each. 
 
CHAPTER XXVI 
 
 MONEY 
 
 General References 
 
 Willoughby, Rights and Duties of American Citizenship, 281-292. 
 Gide, Political Economy, 186-235. On the economic aspects of ques- 
 tions relating to money. 
 White, Money and Banking. Presents from gold standpoint a good 
 
 historical summary of the experience of the United States with 
 
 bimetallism, paper money, and banking. 
 Watson, History of Coinage in the United States, On the history of the 
 
 great coinage laws. 
 Knox, United States Notes. Especially upon greenbacks. 
 Bullock, Essays in the Monetary History of the United States. 
 Gordon, Congressional Currency. Historical. 
 Noyes, Thirty Years of American Einance (^i?>6^-\2tg^). Emphasizes 
 
 the connection between business and government finance. 
 Laughlin, History of Bimetallism in the United States. The best 
 
 history of the subject from gold monometallist point of view. 
 Andrews, An Honest Dollar. Advocates free coinage of gold and silver 
 
 at a fixed ratio. 
 Walker, International Bimetallism. Principally historical. 
 Giffin, The Case against Bimetallism. 
 Darwin, Bimetallism. 
 
 Taussig, Silver Situation in the United States., to 1893. 
 Abundant literature in periodicals from 1892 to 1900, most of which 
 
 is controversial. 
 
 593. The Two Functions of Money. — Money performs 
 two entirely distinct functions in the world of business. It 
 is a medium of exchange in everyday transactions, it also 
 serves as a standard for deferred payments. 
 Money as a (i) Instead of trading one thing directly for another, as, 
 «cchange° ^'S' ^^^ sheep for a cow, persons who buy or sell use some 
 third substance, which is given in payment for an article re- 
 
 484 
 
Money 485 
 
 ceived, or accepted in place of anything sold. Since the Gide, /v?/. 
 person who has cows for sale probably does not care to buy xz^xqx. ' 
 sheep, the convenience of a regular medium of exchange 
 which is good anywhere and at all times for the purchase of 
 anything he may desire is of the highest value. This func- 
 tion is performed by currency, or substitutes for currency. 
 
 (2) The money of to-day is, in addition, a standard for Money as a 
 deferred payment. If a man borrows 1^5000 to-day, to be ^^^^^^^^^f °^ ^ 
 paid in ten years, it is very important to the lender that he ments. 
 obtain at the end of that period a sum equal to what he 
 loaned, and to the borrower that he be not obliged to pay 
 more. The answer to the question how we shall ascertain 
 what amount is exactly equivalent in ten years to the $5000 
 is always that the same number of dollars in legal money 
 shall be so considered unless the parties in the contract 
 agree upon something else. One thing ought to be care- 
 fully noticed. These two functions are not necessarily per- 
 formed by the same substance — money — for it may be 
 felt that ^5000 in ten years will be worth more or less than 
 the same number of dollars now, whereas some other com- 
 modity might be found which would make it possible in the 
 ten years to return exactly what was borrowed, therefore 
 that other commodity is used as the standard of value in 
 deferred payments. 
 
 The reason why coin is used for both of these purposes 
 is, it is the most convenient medium of exchange, and 
 because its real value fluctuates less than that of almost 
 anything else. 
 
 594. Government and the Money System. — In order that Government 
 people doing business may have a currency upon which they ^f^ignates 
 can rely, this whole subject is left to the charge of the gov- of coinage 
 emment, with the idea of obtaining the best results for all ^^^ ^^'^^^„ , 
 
 ° coins shall be 
 
 concerned. The duty of government is not, then, to select used. 
 any medium of exchange it pleases, or arbitrarily to legalize 
 some standard without considering whether it is adapted to 
 the ""conditions ; but to learn what medium best serves the 
 needs of the nation, and to protect the rights of those doing 
 
2o6 
 
 486 The American Federal State 
 
 business for a long or short time. This work is largely 
 negative and calls for as little interference as possible with 
 the coin of the realm ; but requires, among other things, 
 that the government should decide whether the country- 
 have monometallism or bimetaUism, what shall be the weight 
 of the coins in use, what paper money, if any, shall be issued 
 by the government, and whether this shall be supplemented 
 by bank notes, — certainly a very wide and important field 
 of legislation. 
 The legal 595. Effect of Bimetallism. — A nation has a bimetallic 
 
 ratio an its gyg^g^^j when its mints are open to both gold and silver, and 
 
 workings. •' . 
 
 any one having gold or silver bullion may take it to the 
 Economy', "^^^^ ^^^ ^^^e it coined into dollars or any other coin 
 194-198, 202- authorized by law. But in order that this may be possible, 
 the government must first tell how many grains of pure 
 silver will make a dollar, and how many grains of gold a 
 dollar contains. In other words, the government must 
 establish a legal ratio, stating, for example, as ours did in 
 1792, that it considers one ounce of gold equal in value to 
 15 ounces of silver, and that, consequently, 24! grains of 
 gold or 371 J grains of silver (fifteen times as much), if 
 presented at the mint, would be coined into dollars. If this 
 legal ratio happens to coincide exactly with the market ratio, 
 that is, if one ounce of gold is actually worth in ordinary 
 transactions 15 ounces of silver, both kinds of bullion will 
 be brought for coinage. If the legal and market ratios 
 differ, only one kind of bulHon,will come in for this reason. 
 Assume that 24 grains of gold are worth as much as 3 71 J 
 grains of silver, then a person would certainly be fooHsh to 
 take 24f grains and have it made into a coin that would be 
 worth exactly the same as the 3 71 J grains of silver. He 
 would, in short, put in 103 cents and take out 100, because 
 the silver dollar is legally worth 100 cents. Hence, it comes 
 about that when the market ratio differs from the legal ratio, 
 only one metal is coined at a time, the other metal being 
 worth more in the form of bullion than in the form of coin. 
 Consequently, under a bimetallist system, since the legal 
 
Money 487 
 
 ratio is almost never exactly the same as the market ratio, 
 only one metal is likely to be coined at a time. 
 
 596. Advantages and Disadvantages of Bimetallism. — Difficulty in 
 Two things need to be considered in this connection that maintaining 
 
 3. correct 
 
 affect the practical usefulness of bimetallism, (i) The legai ratio, 
 market ratio does not greatly depend upon the legal ratio, 
 i.e. the legal ratio must accommodate itself to the market 202^'^^" 
 ratio, and not the reverse. Why? Because the value of 
 gold and silver, like that of everything else, depends upon 
 the demand for and the supply of each. The demand for 
 both metals comes largely, but by no means wholly, from 
 the governments of the world. If the demand were con- 
 stant and the supply uniform, few difficulties would arise ; 
 but this is the exception, marked changes in the market 
 value of each, and therefore in the market ratio of one to 
 the other, being more frequent. 
 
 (2) Under a bimetaUist standard, while but one metal is Advantage of 
 likely to be coined at a time, this metal is the one whose "^^"^ ^^^ 
 
 , , , 1 T^ 1 • r 1 • • world supply 
 
 value has decreased. But the comage of this one mcreases of both gold 
 the demand for it, and tends to raise the price of every ounce and silver, 
 of it. If the market ratio is but little different from the legal 
 ratio, this demand will bring the two ratios together. Then 
 if the second metal is coined for a time, because " cheaper," 
 a like result follows. Consequently, the price of the one 
 coined, i.e. the cheaper one, will not increase indefinitely, 
 but only until its price is high enough so that the other 
 becomes the cheaper. By this process of a demand first 
 on the supply of one and then on that of the other, it is not 
 possible for the price of either to go on rising continuously, 
 for as soon as it becomes the dearer metal the demand is 
 greatly diminished. Bimetallism, therefore, prevents a great 
 rise in price of either metal, and draws upon the world 
 supply of both for its stock of coins. Yet experience proves 
 that the market ratio does not rapidly approach that estab- 
 lished by law, as we can see below (§ 598), where the two 
 were not very dissimilar ; and as gold and silver are easily 
 shipped from one country to another, the market ratio is 
 
488 
 
 The American Federal State 
 
 Explanation 
 of terms 
 dearer and 
 cheaper 
 metals. 
 
 Nature of 
 monomet- 
 allism. 
 
 Chief disad- 
 vantage. 
 
 Gide, 207- 
 211. 
 
 never likely to become the same as the legal one unless 
 there is a uniform international ratio and an international 
 demand. The great advantage of bimetallism, namely, that 
 it tends to use from the world's stock of both metals, can be 
 perfectly obtained only under these conditions. 
 
 In the paragraph just given, the expressions dearer and cheaper 
 metals are used. They mean merely this: that if the legal ratio is 16 
 to I and the market ratio 20 to i, then in the market one ounce of 
 gold can be exchanged for twenty ounces of silver, so that silver is 
 cheaper than the law-making body believed it to be when they estab- 
 lished a legal ratio of 16 to i, gold being dearer. If, on the other 
 hand, one ounce of gold is worth only twelve ounces of silver in the 
 market, gold is the cheaper metal and silver the dearer one. If the 
 legal ratio is 16 to i, and that of the market 12 to i, under bimetallism 
 only gold (which is then cheaper) will be coined until the market ratio 
 exceeds 16 to i; but if the market ratio is 20 to i, silver only will be 
 coined till such a time as the increased demand for silver shall increase 
 its value as compared with gold, and the market ratio becomes less 
 than 16 to I. 
 
 597. Monometallism. — When the mints of a country are 
 open to the free coinage of but one metal, that nation has a 
 legal monometallic standard. It does not then trouble itself 
 about the market ratio between the two metals, but fixes 
 the number of grains in its various coins, and permits any 
 one to exchange for the coin desired that amount of the 
 metal which is preferred by the government. The chief dis- 
 advantage of this system is that it makes an extra demand 
 upon just one metal, so that the value of an ounce of that 
 metal is likely to increase continuously, and not, as under bi- 
 metallism, until a definite limit is reached. For example, 
 under monometallism the actual value of a dollar (measured 
 by what it can purchase) may increase at the rate of one 
 per cent a year, so that a person borrowing ^^5000, at the 
 end of ten years would really pay back ^500 more than he 
 received. The number of dollars repaid would be only 
 5000, but they would be equal in actual value to ^185500 at 
 the time the loan was made. This defect may be avoided 
 partially by having the government buy and coin some of 
 
Money 489 
 
 the other metal. This can be done only when each coin Disadvan- 
 of the second metal would possess less value as bullion than *^^^ partially 
 
 ^ removed by 
 
 similar coins of the first ; that is, if gold is subject to free subsidiary 
 
 coinage, a silver dollar that contains a smaller amount of coinage, 
 
 silver than can be purchased in the market with a gold White, 
 
 dollar may be issued by the government, provided the ^°^^y °-^^ 
 
 Banking, 
 
 government guarantees that it shall be accepted by the 33-37. 
 government and by the people on a par with the gold dol- 
 lar; but if the silver in this same dollar is worth more in 
 the market than the gold bullion in the gold dollar, no one 
 would pay his debts in silver coins, but would sell the silver in 
 them for gold, take the gold to the mint, and get coins for it. 
 
 598. Mono- and Bi-metallism in the United States (1792- Ratio of 15 
 1870). — What has been our experience with these money *°^ (^792- 
 systems ? The first definite action taken by the national 
 government was in 1792, when, upon the recommendation coinage in 
 of Hamilton, it was decided to have free coinage of both u. s., 53-77. 
 gold and silver at a ratio of 15 to i, which was a little 
 less than the market ratio then and later. The weight 
 of the silver dollar was fixed at 371^ grains fine, and of the 
 gold dollar at 24I grains of pure gold, with alloy added in 
 each. As there was very little gold or silver in this country 
 the coinage was light, and the coins produced were almost 
 all exported. 
 
 In 1834 the ratio was changed to practically 16 to i, Laws of 1834 
 which was higher than that of the market, bimetallism ^"^ ^^^^' 
 being retained. The silver dollar contained the same Ratio of 16 
 amount of pure metal, but the gold dollar was reduced in 
 weight to 23.22 grains fine. A very great increase in the Watson, 
 coinage of gold followed, while that of silver dropped off. 
 After 1850 the gold production in California increased the 
 supply of that metal to such an extent that an ounce of gold 
 would sell for less than 15I ounces of silver in ordinary 
 transactions, and silver bullion rarely sought the mint. In 
 order to have fractional currency for business. Congress in 
 1853 made the silver coins of a smaller denomination than 
 one dollar lighter than they had been, and had the govern- 
 
490 The American Federal State 
 
 ment buy the silver and make the coins. The silver dollar 
 remained subject to free coinage, though it was worth more 
 in the form of bullion than of dollars ; so an American silver 
 dollar was almost unknown at that period. 
 The law of 599. ** The Battle of the Standards" (i 870-1 900). — 
 1873. 'Pl^g cheap paper money of the Civil War drove all metallic 
 
 Gordon, currency out of use for a long time afterward except at a 
 
 renQf' g&-7o2. ^^^^Y premium. While this condition lasted, it was sug- 
 gested in 1870 that the free coinage of the silver dollar be 
 Money, 213- discontinued. As only gold would have been coined even 
 223- had we been on a hard money basis, the question awakened 
 
 little interest, and in 1873 a law was passed which practically 
 placed us upon a gold monometallic basis with free coinage 
 of gold only. But the increase in the production of silver 
 about that time, together with a reduction in the demand, 
 because Germany changed to gold monometallism and 
 France expected to do so, raised the market ratio above 
 16 to I, and aroused a demand for renewed silver coinage. 
 Bland- This demand was recognized in the Bland- Allison bill of 
 
 isonacto jgyg^ ^g originally proposed, it reestablished bimetallism 
 with a legal ratio of 16 to i, and in that form passed the 
 202. ' House ; but in the Senate a change was made by which the 
 
 government was to buy from two to four million dollars' 
 worth of silver bullion every month and coin it into silver 
 dollars. The compromise was accepted by the House and 
 vetoed by President Hayes, but passed by large majorities 
 over his veto. 
 Sherman act In 1 890 the Senate passed a silver free coinage bill, which 
 of 1890. ^,^g altered at the wishes of the House much as the bill of 
 
 White, 202- 1878 had been by the Senate. As enacted into law, it 
 authorized the Secretary of the Treasury to buy 4,500,000 
 ounces of silver a month, paying for it with a new kind of 
 legal tender paper. Some of this bullion was to be coined. 
 The law was repealed during the panic of 1893. 
 Act of 1900. The House and the Senate could not agree upon a 
 coinage law satisfactory to both till 1900, when the law 
 considered below was passed. 
 
and the Con- 
 federation. 
 
 Money 491 
 
 600. Paper Money in our Early History. — Paper money Three kinds 
 has been used more than coin during our history. It has ^^P^P^"^- 
 been of various kinds : ( i ) that issued by the government 
 
 on its credit, (2) that given out by the government instead 
 of coins which were then deposited in the vaults, and (3) 
 that issued by banks with the consent of the government. 
 
 In colonial times the craze for cheap money spread The colonies 
 through the country like epidemics, every colony issuing 
 some form of paper at different times. This invariably 
 depreciated. During the Revolutionary War and the Con- jj^^^'i„ 
 federation. Congress and the state legislatures tried to make Politics, 14- 
 money by the printing-press, with such disastrous results that 3^' 
 the constitutional convention of 1787 forbade the issuance White, 120- 
 of bills of credit by the states, and placed its stamp of dis- ^^'^' 
 approval upon similar action by the central government, 
 though not forbidding it. 
 
 As there was so little coin during the early national period Bank notes 
 and no government paper, most of the business was done (^789-1860). 
 with notes issued by the state banks or by the two national Upton, 42- 
 banks. Those of the latter were quite reliable, but the 
 former never gained more than a local circulation, and were 
 usually far below par, hampering trade to a very great extent. 
 
 601. Paper Money since i860. — During the Civil War Thegreen- 
 the government was in such need of money that in 1862 ^^^^^• 
 and 1863 Congress passed three bills permitting it to issue White, 
 1^450,000,000 in legal tender treasury notes, popularly known jg!^^' ^^ ~ 
 as " greenbacks." These became worth so much less than 
 
 gold that they drove all coin out of circulation, and remained Notes, 117- ' 
 
 below par until the government began to redeem them in ^47. 
 
 gold, January i, 1879. They were at first looked upon purely Upton, 67- 
 
 as a w:.r measure of doubtful constitutionality, and after the ^8- 
 war were retired rapidly till hard times made people cry out 
 for the cheapest money they could get, preferably more 
 
 greenbacks. Their constitutionality was denied by the Supreme 
 
 United States Supreme Court in i860: but this decision 5°^^^! 
 
 ^ ^ ^ decisions, 
 
 was reversed in the Legal Tender Cases a year later. In upton n^y- 
 
 Juilliard \, Greenman (1884), an almost unanimous court 170. 
 
492 
 
 The Amefican Federal State 
 
 Knox, 156- 
 166. 
 
 Gold and 
 silver certifi- 
 cates. 
 
 Establish- 
 ment and 
 character. 
 
 Upton, III- 
 126. 
 
 Gordon, 151- 
 172. 
 
 White, 
 Money, 406- 
 418. 
 
 Emergency 
 circulation. 
 
 Laughlin, 
 J. L., in Jol. 
 Pol. Econ,, 
 16 (1908), 
 489-513- 
 
 The money 
 
 system 
 
 rearranged. 
 
 References at 
 end of chap- 
 ter. 
 
 held that Congress might issue paper in time of peace as 
 well as in war, and in what quantity it pleased. 
 
 For many years we have had gold and silver certificates, 
 which are issued in place of gold or silver coins, simply 
 because the paper is easier to handle. 
 
 602. The National Banking System. — A good part of our 
 business is done with a form of paper issued by banks char- 
 tered under national law. The present national banking 
 system is an outgrowth of the exigencies of the Civil War. 
 The government desired to find a market for its bonds, so 
 the Treasury department was led to propose that national 
 banks be permitted to issue notes if they would buy bonds of 
 a slightly greater value than their total circulation of notes. 
 These notes were not and have not since been legal tender, 
 but each bank guaranteed to redeem its notes in legal money, 
 and the value of the bonds, which were left with the gov- 
 ernment, was sufficient to insure payment in case the bank 
 failed. Competition with the state banks was avoided by 
 placing on the issues of the latter a tax of ten per cent ; and 
 general circulation of the notes was assured by the govern- 
 ment's agreeing to receive them except in payment of duties, 
 and not to pay them out for interest on the pubUc debt or 
 to redeem its own paper. 
 
 In order to add flexibility to the circulation of the national 
 banks, they are permitted to issue notes to the amount of 
 ^500,000,000, in emergencies, on payment of a tax of five 
 per cent, increasing to ten per cent. These notes are 
 secured by approved state, county, or city bonds or by 
 specially approved commercial paper. 
 
 603. The Act of 1900. — The currency law signed by the 
 President, March 14, 1900, reformed and systematized the 
 whole money system of the United States. A number of its 
 provisions deserve enumeration, (i) The gold dollar was 
 made the standard unit of value, and all forms of money 
 issued or coined by the government are maintained at a par- 
 ity with gold. (2) The treasury notes of 1890 were to be 
 retired as rapidly as possible, their place in circulation being 
 
Money 
 
 493 
 
 taken by new silver coins or silver certificates. (3) Green- 
 backs that were paid into the Treasury were not to be reissued 
 except for gold ; while for the redemption of greenbacks a 
 gold reserve of ;^i50,ooo,ooo is to be maintained, if neces- 
 sary, by the issue by the Secretary of the Treasury, of bonds 
 bearing not over three per cent. (4) In the office of the 
 Treasurer of the United States two divisions known as the 
 divisions of issue and redemption were created to facihtate 
 business. (5) New regulations regarding the denomina- 
 tions of the different kinds of paper money and bank notes 
 to be issued were enacted so that there shoulci not be, for 
 example, one-dollar bills in each form of paper, but that gold 
 certificates should not be for less than $20 each, silver cer- 
 tificates only in denominations of $10 and less, and the 
 others in like manner. (6) That portion of the public debt 
 which consisted of three, four, and five per cent bonds pay- 
 able on or before August i, 1908, might be exchanged for 
 thirty-year two per cent bonds. (7) National banks might 
 be organized in small towns with a capital as low as ^25,000, 
 and were further permitted to issue notes to an amount not 
 exceeding the par value of the new two per cent or other 
 United States bonds deposited at Washington. It will thus 
 be seen that the somewhat chaotic money scheme which 
 existed before 1900 was simplified and reduced to a sem- 
 blance of order in this most important money law. 
 
 604. Present Forms of Money. — After 1902 there will be Different 
 seven kinds of money in use. (l) The first includes the different varie- forms of 
 ties of gold coin. (2) The second covers the different forms of silver currency, 
 from the silver dollar to the ten-cent piece, the silver dime, quarters, and 
 half-dollar pieces containing a smaller proportion of pure metal than 
 the dollar. (3) The minor coins are the nickel five-cent piece and the 
 cent. (4) The gold certificates and (5) the silver certificates furnish 
 over one-fourth of the money in circulation; while the (6) treasury 
 notes or greenbacks, and (7) the national bank notes complete the 
 system, the notes of 1890 having been retired. 
 
 Noticing the figures given below we shall see that a large part of our Subsidiary 
 currency depends for its commercial value upon the credit of the gov- currency, 
 ernment. Only the gold is worth as much as its face value indicates. 
 
494 
 
 The American Federal State 
 
 Legal tender 
 quality of 
 different 
 forms. 
 
 The silver in the silver coins is worth less than half what the coins pass 
 for every day. The notes issued by the United States are maintained 
 at par by the willingness of the government to redeem them in gold. 
 Therefore the actual value of these forms of money is less than the face 
 value by an amount but little less than the entire stock of gold in the 
 country. So that a large part of the value of United States currency 
 is represented by national credit. 
 
 The gold coins are legal tender to any amount, and the silver dollar 
 is unlimited tender unless otherwise specified in the contract. Sub- 
 sidiary silver coinage is legal tender to the amount of ^lo, but the 
 nickel five-cent piece and the cent for only twenty-five cents. United 
 States notes are a legal tender for the payment of all debts, public 
 and private, except duties on imports and interest on the public debt. 
 Certificates of the different classes are not legal tender, but are at 
 any time exchangeable for the corresponding form of currency. 
 
 The amount of currency in the United States, October i, 1900, is 
 represented in the following table : — 
 
 
 In Circulation 
 
 In Treasury 
 
 Total 
 
 Gold coin 
 
 ^620,047,309 1 
 209,110,349/ 
 
 ^^230,13 1, 1 62 
 
 ^059,288,820 
 
 Gold certificates . . . 
 
 
 
 Silver dollars .... 
 
 71,176,2651 
 420,265,735 J 
 
 6,907.343 
 
 498,349.343 
 
 Silver certificates . . 
 
 
 
 Subsidiary silver 
 
 79,432,193 
 
 6,568,555 
 
 86,000,748 
 
 Treasury notes of 1890 
 
 67,600,188 
 
 113,812 
 
 67,714,000 
 
 United States notes . . 
 
 324,506,314 1 
 1,820,000 J 
 
 20,354,702 
 
 346,681,016 
 
 Currency certificates . 
 
 
 
 National bank notes . 
 
 319,336,630 
 
 9,079,798 
 
 328,416,428 
 
 Totals .... 
 
 fel 13,294,983 
 
 ^273»i55»372 
 
 ^2,386,450,355 
 
 The amount of the certificates is included in the totals under the 
 form of currency for which they are a substitute, and no account is 
 taken of the deposits made in the treasury to counterbalance these. 
 
 QUESTIONS AND REFERENCES 
 
 Monometallism and Bimetallism (§§ 593-597) 
 
 I. What characteristics must a good medium of exchange possess? 
 Why is a metal better adapted for use as money than anything else? 
 Why must it be a precious metal? 
 
Money 495 
 
 2. Can you suggest anything else whose value would be as station- 
 ary as that of gold, i.e. that would fluctuate less from year to year or 
 from decade to decade? How would the price of wheat do as a stand- 
 ard of value for deferred payments? the average price of all grains? 
 
 3. What was the market ratio between gold and silver a thousand or 
 more years ago? five hundred? fifty? last year? Does gold seem to 
 have " appreciated " the last thirty years, i.e. is an ounce of gold really 
 worth more now than then? What part of the recent fall of prices in 
 different things may be attributed to the decreased cost through the use 
 of machinery? through improved means of transportation? To what 
 extent may it be due to the appreciation of gold? 
 
 4. Would gold monometallism be possible for all nations in the 
 future if the output of gold becomes small? if the demand for gold 
 increases still more, the gold production continuing as at present? If 
 the gold output should cease, would we not be obliged to go back to 
 bimetallism ? 
 
 5. With the market ratio between gold and silver as at present, 
 which metal would be coined if we had free coinage at a legal ratio of 
 16 to I or 20 to I ? What are the chances that the increased demand 
 for silver by the United States alone (the other nations still clinging 
 to the gold standard) would raise the price of- silver and decrease the 
 market ratio to 20 to i ? If it did not, what would become of our 
 supply of gold coin ? 
 
 History of Currency in the United States (§§ 598-604) 
 
 a. On the law of 1900, consult R. P. Falkner, in A. A. A., XVI 
 (1900), 33 et seq.; J. F. Johnson, in P. S. Q., XV (1900), 482-507; 
 F. W. Taussig, in Qiiar. Jol. Econ., XV (1900), May; and J. L. Laugh- 
 lin, in Jol. Pol. Econ., VIII (1900), 289 et seq. 
 
 1. Show how the Treasury department has influenced the financial 
 system of the United States. In what ways may it exercise its discre- 
 tion in regard to our money system to-day? 
 
 2. Could we have had the industrial development of recent years 
 without a national currency? What is the proper place of paper 
 money in a national system of finance? What sections or occupations 
 have always favored cheap money? Which ones desire a stable cur- 
 rency? Explain why this is so. 
 
 3. Would it have been wise to prohibit Congress from issuing paper 
 money in times of peace? \Vhat danger is connected with this power 
 to make its paper legal tender? 
 
 4. Is it better to have a large supply of greenbacks in circulation, 
 or no government paper but a great many national bank notes? Do 
 
49^ The American Federal State 
 
 we need a greater circulation of money than we now have? What 
 percentage of the business of the country is done without the use of 
 currency at all? 
 
 i. In what denominations are the different coins and forms of paper 
 issued by the government? What kind of coin or paper in circula- 
 tion represents a greater value than any other, i.e. which is the most 
 common ? 
 
 ii. What proportion of the money in the country is in the Treasury 
 of the United States? In what form is most of this (do not count the 
 silver and gold for which certificates have been issued) ? Compare the 
 amount of gold in circulation with that of silver (or silver certificates); 
 with government paper; and with national bank notes. Are silver 
 certificates or silver dollars used more in ordinary business? 
 
 i 
 I 
 
CHAPTER XXVII 
 
 COMMERCE, INDUSTRY, AND LABOR 
 
 Greneral References 
 
 General : — 
 Hart, Actual Government, 446, 458, 481-534. 
 
 Lamed {t^?), History for Ready Reference, V\\ 1 12-135, 395-401, 
 543-558, 638-647. 
 
 On foreign commerce : — 
 
 Gide, Principles of Political Economy, 291-355. International trade^ 
 and free trade or protection. 
 
 Lalor's Cyclopedia. Articles by Mason on "Protection," by D. A. 
 Wells on " Free Trade," and by W. C. Ford on " Tariffs in the 
 United States." 
 
 Taussig, Tariff History of the United States. Revenue tariff stand- 
 point. 
 
 Stanwood, Tariff Controversies in the Nineteenth Century, 2 vols. 
 Protectionist standpoint. 
 
 Annals of the American Academy, May, 1907; July, 1908. Questions 
 related to the tariff. 
 
 On internal commerce : — 
 
 Hadley, Railroad Transportation (1885). 
 
 Johnson, American Railway Transportation. A good brief, general 
 account. 
 
 Johnson, Ocean and Inland Water Transportation, 207-385. 
 
 Hendrick, Railway Control of Commissions (1900). European and 
 American experience. 
 
 Dixon, State Railway Control. 
 
 Meyer, Government Regulation of Railway Rates, Part II. 
 
 Ripley (ed.). Railway Problems. Papers, court decisions, etc. on dif- 
 ferent phases of the subject. 
 
 On control of industry : — 
 
 Clark, The Control of Trusts. 
 Jenks, The Trust Problem, esp. chap. XI. 
 
 Prentice, Federal Power over Carriers and Corporations. Conservative 
 point of view. 
 
 2K 497 
 
498 
 
 The A'merica7t Federal State 
 
 Government 
 regulation of 
 exchange and 
 production. 
 
 Ripley (ed.), Trusts, Pools, and Corporations. Application of the 
 
 "case system." 
 Annals of the American Academy, July, 1908. Federal regulation of 
 
 trusts. 
 
 On labor legislation : — 
 
 Wright, Industrial Evolution of the United States. 
 
 Stimson, Labor in its Relation to Law. The subject in outline. 
 
 Stimson, Handbook to the Labor Law. Principles and details of the 
 law (1895). 
 
 Seager, Social Insurance — A Program, of Social Reforjn. 
 
 Annals of Am. Academy, July, 191 1. Payment for industrial accidents. 
 
 Employers' Liability Commission, Reports, in New York, Wisconsin, 
 Illinois, etc. 
 
 In periodical indexes under Tariffs, Free Trade, Protection, Rail- 
 ways, Interstate Commerce, Trusts, Labor Legislation, Strikes, etc. 
 
 605. Trade, Industry, and the State. — It is an idea long 
 outgrown that the relations between a government and the 
 production and exchange of a nation's goods is one existing 
 solely for the sake of warding off actual dangers to trade 
 and industry. Fortunately or unfortunately it has been the 
 practice for some centuries at least to adopt every possible 
 means to foster foreign commerce and domestic manufactur- 
 ing, many of the means being artificial in the extreme, some 
 of which were abandoned at an early date. At present 
 the most prominent evidences of government interference 
 in the interest of industrial and commercial development are 
 the systems of restrictive tariffs in use by all of the great 
 nations except Great Britain. Others that deal with inter- 
 national trade are reciprocity treaties already considered 
 (§ 317), and the system of consular offices (§ 355) pri- 
 marily for the purpose of aiding commerce. Regulation of 
 domestic trade has not been tried very extensively, being 
 intended rather to protect the individual from the great 
 carrying companies than to stimulate exchange. The nu- 
 merous state laws relating to industry and labor in like 
 manner aim to keep large producers within bounds, for the 
 protection of the public. There has been a notable increase 
 in recent years in this restrictive and protective legislation. 
 
Commerce, Industry, and Labor 499 
 
 606. " Free Trade." — It is very far from our present pur- Asserted 
 
 merits of free 
 by the adherents of protective and free-trade doctrines, 
 
 pose to do more than enumerate a few of the claims put forth 
 
 ^ ^ trade. 
 
 but a question which has furnished so much material for Economv 
 political discussion deserves a word of comment. It is safe 331-346. 
 to say that the " free-trader " of America rarely believes in a 
 complete abandonment of the protectionist system which 
 the United States has used so long, but desires a minimum 
 of protectionist duties, the bulk of the revenue being ob- 
 tained from articles of luxury or things not produced in 
 this country. He feels that if it is a good plan to have 
 free trade within a country so large as ours, it ought to 
 be beneficial to have few restrictions upon that between 
 nations. He asserts that protection is professedly artificial 
 and was at first intended to be used only until our indus- 
 tries had passed the " infant " stage, whereas the rate of 
 duties has been increased instead of lowered. In his 
 opinion this has raised the price of all commodities directly 
 or indirectly affected by the tariff schedules, has prevented 
 healthful foreign competition, and has diminished the amount 
 of business done at home and abroad. 
 
 607. "Protection." — The real protectionist looks at Alleged ad- 
 things in an entirely different light from the true free-trader, vantages of 
 
 Tx 1 1- 1 ITT r 1 • • protection. 
 
 He believes that the disadvantages of production m a com- 
 paratively new country, including the higher wages paid here ^ ^' J^^ ' 
 than in Europe, require just such an artificial barrier as a 310-331. 
 protective tariff to keep out foreign products. He claims 
 that without this help we could never have developed the 
 industries we have, nor could we have maintained a rate of 
 wages much above that of Europe. The tariffs have limited 
 importations, with their attendant evils. A competition we 
 could not have met has been avoided. He admits that the 
 cost of production has been raised and prices increased; 
 but even when he does not feel that those are benefits in 
 themselves, he urges that with low prices few persons would 
 have been employed, and those at starvation wages, so that 
 in the general prosperity which has come from protection, 
 
500 
 
 The American Federal State 
 
 Tariffs from 
 1789 to 1815. 
 
 Taussig, 
 Tariff His- 
 tory, 12-17. 
 
 Tariffs of 
 1816 and 
 1824. 
 
 Taussig, 17- 
 19, 68-79. 
 
 The tariff 
 (1828 to 
 1843). 
 
 Taussig, 79- 
 114. 
 
 Callender 
 (ed.), Econ. 
 Hist, of U. S., 
 498-542. 
 
 Tariffs of 
 1846 and 
 1857. 
 
 high prices mean less of a burden than low prices would be 
 under the low wages and less-developed industry of a non- 
 protectionist system. 
 
 608. Our Early Tariffs. — Although the right to levy 
 duties upon imports was conferred upon the national govern- 
 ment because of its value as a source of revenue, the first 
 tariff under the Constitution (1789) recognized the need of 
 protection of certain industries likely to be useful in time 
 of war. The rate on most goods was only five per cent, 
 and the highest was but fifteen, though, of course, the heavy 
 freight charges of that day were in a sense an additional duty. 
 
 The protectionist principle, however, dates not from 1789 
 but from 181 6, when the duties upon a large number of 
 articles were raised in order that the different branches 
 of industry started under the embargo and during the War 
 of i8i2 might be able to hold their own against the very 
 large importations from Europe. The heaviest duties were 
 those on cotton and woolen goods, which were twenty-five 
 per cent. These were raised to thirty-three and one-third 
 per cent in the tariff of 1824, which also protected more 
 fully iron, wool, and hemp. 
 
 The tariffs from 1828 to 1843 were dictated by other con- 
 siderations than the economic needs or desires of any sec- 
 tion, chiefly by the political opinions of a comparatively few 
 persons. That of 1828 was a curious mixture of high rates 
 for certain manufactures and raw materials, with little or 
 no protection for the opponents of those in power; but 
 its worst features were remedied in 1832, though not to 
 the satisfaction of the South Carolinians, who objected to the 
 continuance of what they claimed was a sectional measure 
 especially injurious to their state (§ 177). Congress was 
 induced to pass a new law which provided for biennial 
 reductions in the rates, until in 1842 everything was brought 
 to a level of twenty per cent. But this was supplanted in 
 1842 by a new and more protective tariff. 
 
 Four years later the opponents of the " American system " 
 passed a so-called free-trade measure which placed duties 
 
Commerce^ Industry and Labor 501 
 
 of twenty-five or thirty per cent upon the articles for which Taussig, 114, 
 
 protection was chiefly desired. This remained in force till ^^^' ^^ ^^ ' 
 i860, with some slight reductions in 1857. 
 
 609. The Development of a highly Protective Tariff. — Changes of 
 
 the Civil 
 tective tariff was passed, the rates of which were raised 
 
 Just before the outbreak of the War for the Union a pro „, 
 •' ^ War. 
 
 , . 1-1 • 1 • Taussig, 158, 
 
 several times dunng the war m order to give more revenue 170. 
 
 to the government, and more net protection to industry. 
 
 As there were heavy internal manufacturing taxes, the rates 
 
 became very high. The manufacturing taxes were taken 
 
 off after the war closed, but the aboHtion of the internal tax 
 
 led only to a temporary reduction in the tariff (1872), as Acts of 1872 
 
 the hard times of 1873-1875 furnished an excuse to rees- ^"^^^75- 
 
 tablish the old rates, except for such non-protective duties Taussig, 179- 
 
 as those on tea or coffee. 
 
 The tariff of 1883 was a concession to a widespread de- Tariff of 
 mand for reduction in duties, but it made few essential ^^^3- 
 changes in the protective system. Agitation for a tariff for Taussig, 230- 
 revenue only failed to receive the support of the people, 
 and the fifty-first Congress proceeded in 1890 to pass the ^':5"'".^Y 
 most truly protective law in our history, commonly known 
 as the McKinley Act. Sugar and a few other articles were ^sT^^'^' ^^^' 
 placed on the free hst, the growers of the former being 
 aided by a bounty equal to the duty on sugar before 1890. 
 Rates on all industrial products needing protection were in- 
 creased, though the total revenue was intentionally dimin- 
 ished by the use of the large free list. In connection with 
 the tariff was a reciprocity arrangement by which we might 
 discriminate against nations that treated imports from the 
 United States unjustly. 
 
 610. Recent Tariffs. — The losses sustained by the Re- Gorman- 
 publicans after the passage of the act of 1890 was held by ^g^^°^ ^^"^ 
 the Democrats to be an expressed approval of their tariff 
 programme. In 1894 the House accordingly agreed upon ^J^^fof 
 the Wilson Bill, which placed most raw materials upon the Ready Re/., 
 free list, and reduced the protective rates to some extent, i^- 3087- 
 an income tax being expected to furnish sufficient additional 
 
502 The American Federal State 
 
 revenue for the annual deficit. The Senate refused to con- 
 cur with the House, and the result was a compromise that 
 was based upon no distinctive principles, which became law 
 without President Cleveland's signature. The income tax 
 feature was afterward declared unconstitutional by the Su- 
 preme Court. 
 Dingiey This tariff was replaced in 1897 by a new tariff enacted 
 
 tan (I 97). £^^ ^^ double purpose of increasing the revenues and re- 
 Lamed (ed.), storing something like the McKinley rates on raw materials 
 Ready Re/., ^^^ manufactured articles, with more complete reciprocity 
 VI, 581-582. than that previously in use ; but the new measure was in 
 one respect radically different from that of 1890, in its duty 
 upon sugar. 
 Payne-Ai- The Dingiey tariff stood without change until 1909, when 
 
 drich tariff ^j^^ Payne- Aldrich Act was passed. This provided for a 
 larger free list, reductions on some trust-made articles and 
 Year Book reclassification of schedules which left the average rate 
 (1909), 686- about the same as before. These regular rates form the 
 ^' minimum list, which is granted to those countries making 
 
 Taussig, F. the United States substantial trade concessions. If there 
 Pol Econ. 24 ^^^ ^^y Others, they are obliged to pay the maximum rates, 
 (1909), II- which consist of the minimum rates plus twenty-five per cent 
 ^ * of the cost of the imported articles. The law of 1909 pro- 
 
 vides for a Board of nine general appraisers before whom con- 
 troversies over customs are taken, with appeal to the Custom 
 Court of Appeals, the decision of the court being final. The 
 law of 1909 also provides for a permanent Tariff Board. 
 Principles for In the tariffs of the future it is to be hoped that the whole 
 future tariffs, gubject of revision may be left as far as possible to those 
 whose knowledge and disinterestedness shall guarantee pro- 
 tection of the public welfare against the irregularities placed 
 in tariffs, especially since 1828, for the benefit of special per- 
 sons or interests. The creation of a Tariff Board of three 
 members for the study of tariff problems is an important 
 step in the right direction. The careful revision of each 
 schedule separately, preventing the highly injurious system 
 of bargaining between sections or interests, must precede 
 
Coni7nerce^ Industry, Land Labor 503 
 
 real tariff reform. These tariffs, whether highly protective 
 or especially for revenue, ought to be the embodiment of 
 definite and scientific principles, and not pieces of patch- 
 work ; while tariff changes should be no more frequent nor 
 radical than the best interests of the public demands, for 
 uncertainty in the permanence of schedules and rates may 
 be more disastrous to business than a defective tariff. 
 
 611. Government and Domestic Commerce. — The inland Government 
 trade of the United States has been aided or controlled by ^^^ ^° ^^^^' 
 
 • r 1 1 • 1 . 1 ways and 
 
 the state governments if conducted entirely withm state lines, canals. 
 
 or by the national government when of an interstate charac- y{.z.^\& A 
 
 ter. At first, aid was given to railways by both the states and T.,in Lalor, 
 
 the national government, either in the form of land subsidies ^^^' ^2^^22- 
 
 or loans of money. Help was given especially to the trans- Johnson, 
 
 continental railways (§ (i2>'^)' Canals have more often been Transporta^ 
 
 constructed by our governments directly, as in the case of i^on, 307-321. 
 the Erie Canal, the Panama Canal, and others. 
 
 The problems of to-day regarding domestic commerce are Problems of 
 essentially those of the railway. So important have the rail- 
 ways been in developing our resources of every kind, par- Bullock, 
 ticularly in less settled regions, that until some time after the Economics, 
 Civil War it was the policy of all the states to encourage, if 343-361. 
 not to aid, the extension of new lines. Railway speculation Bogart, 
 
 was therefore common, and we came to have not only nu- ^^°J^' ^'■^^' 
 
 ' ■' ^ of U. S., 305- 
 
 merous competing systems in the older states, but extensive 311. 
 
 ones over almost untenanted prairies. In consequence, rates johnson 
 
 were cut sharply between competing points, and raised for Am. Railway 
 
 other places. The railways tried to protect themselves and ^-^^'"^ ^j^' 
 put an end to this discrimination between places by forming 
 combinations called pools. These pools also made it more 
 difficult for great shippers to obtain rebates. 
 
 The state governments sought to protect the shippers and Beginnings 
 
 the public from unjust rates or discriminations. State com- ° ^^^^^ '^°^" 
 missions were created, often with power to fix maximum 
 
 rates, and prohibit the formation of pools. These usually Railroad 
 
 acted upon the theory that the railways could afford to carry Transporta- 
 
 fi-eight from any and all points for the charges at which it ^°^' 12^-129. 
 
504 The American Federal State 
 
 Johnson, was carried between two points that enjoyed competitive 
 
 349-362. rates. Without trying to follow the direct and indirect 
 
 effects of this control, we need notice only that it proved 
 
 in many cases extremely disastrous to the railways, and 
 
 hence injured the communities served by them. 
 
 Formation 6i2. The First Interstate Commerce Commission. — One 
 
 and work o difficulty encountered by these state commissions was that 
 
 the commis- •' ■' 
 
 sion. most of the Hues ran into other states. As the regulation 
 
 Adams H ^^ interstate commerce is left to Congress, according to the 
 C, in At. Constitution, the commissions at first did nothing, and then 
 ■j^g'' ^ _ attempted to apply the regulations made for purely state 
 443. railways to those having interstate commerce as well. In 
 
 Johnson, ^^^^ ^^ Supreme Court of the United States decided that 
 367-385- this state regulation of interstate trade was illegal. The 
 
 Lord, J. w., next year, therefore, the Interstate Commerce Act was 
 in N. A. R., passed, which declared that all pools affecting interstate 
 745-766. ' trade were illegal, that no person should be charged more 
 than another for a similar service, nor for a short haul than 
 for a long haul, and provided for a national commission of 
 five members to carry out the act, giving them power to 
 investigate rates and pronounce them unjust if necessary. 
 The commission succeeded in introducing a great many uni- 
 formities in financial and other methods; but it failed to 
 prevent combination or to exercise a very satisfactory con- 
 trol over the roads. 
 Provisions of 613. The Present Interstate Commerce Commission. — 
 t e present y^ftg]- years of agitation, both houses of Congress agreed 
 (1906) on a new Interstate Commerce Act (amended 19 10) 
 
 Proutv C A. ___ 
 
 in Rev. 0/ ' which replaced that of 1887. The new commission, com- 
 
 Revs., 34 posed of seven members appointed by the President and 
 
 (190 ). 5-70- Senate, has the power not only to declare rates "un- 
 
 Ripiey (ed.), reasonable," but to fix the maximum rate that shall be 
 
 Railway 
 
 Problems, charged for the transportation of freight or passengers 
 
 S31-556. on interstate lines. It brings under the supervision of 
 
 the commission all interstate "common carriers," a term 
 
 which includes railways, private refrigerator cars, Pullman 
 
 cars, express companies, and pipe lines (except for gas and 
 
Commerce y Industry ^ and Labor 505 
 
 water), in addition to interstate telephone and telegraph 
 
 companies. No railway may carry, except for its own use, 
 
 articles of which it is the owner ; nor, if a railway reduces 
 
 rates to meet water competition, may it restore the old rates 
 
 when the water competition has been removed. 
 
 The present commission can do much more than its Advantages 
 
 predecessor, because it may supervise the classification of °^ ^^ "^^^^ 
 
 . commission 
 
 freight and can fix the maximum rate to be charged for over the old 
 
 transporting any class of freight between two points, al- commission. 
 
 though it cannot make all rates between those points just Smalley, H. 
 
 nor can it insure reasonable rates everywhere for the trans- ^:' ^" ^' ^\ 
 
 . . . -^-129 (1907), 
 
 portation of similar commodities. It may institute investi- 292-309. 
 
 gations on complaint or on its own motion. Its decisions are Rjpiey ^^iil- 
 effective because they go into effect without great delay way Prob- 
 and the companies must sue the commission if they be- ^^■^' ^^^~ 
 lieve the rate fixed is too low. Under the old law the com- 
 mission was obliged to secure the approval of the courts be- 
 fore its decisions were obeyed. There are no long delays 
 as formerly, because all evidence must be presented to the 
 commission, and appeals from the decision are considered at 
 once by a special Court of Commerce, of five Circuit Court 
 judges. Giving or accepting rebates is punishable by fine 
 or imprisonment. Passes can be given only to railway of- 
 ficials, to employees, or to persons engaged in religious 
 or charitable work. Private car and pipe line monopolies 
 may be broken up. 
 
 614. State Railway Regulation. — As with the subject Method of 
 of taxation, but to a greater extent, the difficulties of proper ^*^*^. ^°"^" 
 
 . , missions, 
 
 railway regulation are greatly complicated by our federal 
 
 form of government ; for the systems of state and national j^aUrlad 
 
 control must harmonize and work together if they are to be Trans., 134- 
 
 at all effective. Most of the forty-one state commissions ^'^^' 
 
 have taken these facts into consideration, as they enforce Johnson, 
 
 laws similar to that of the United States, that is, they have T^^ansplrta- 
 
 the power to determine the maximum rates to be charged, tion, 349-366. 
 
 To protect the shippers and the public, they have relied 
 
 chiefly upon that means or upon the prohibition of pools. 
 
5o6 
 
 The American Federal State 
 
 Huebner, G. 
 G., in A. A. 
 
 y4., 32 (1908), 
 138-156. 
 
 Restraint in 
 the past. 
 
 Bogart, Econ. 
 Hist. 0/ U.S., 
 400-405. 
 
 A few are still publicity commissions, which have no power 
 over rates or combinations. A constantly increasing num- 
 ber are public service commissions (§464), which not only 
 regulate railway rates but control other pubHc service corpo- 
 rations such as those that manage street railways or furnish 
 public utilities like water and gas. That some regulation is 
 essential to prevent unwise and unnecessary multipHcation 
 of railways, to avoid the worst forms of mismanagement, and 
 to keep great transportation companies from using their im- 
 mense power by sacrificing the public to their own ends, is 
 apparent ; but the exact methods to be apphed best by 
 state and national governments constitutes one of the most 
 dehcate and difficult problems of the future. 
 
 615. Government Control of Corporations. — The control 
 of industrial corporations is an affair of the states, the na- 
 tional government having been given no jurisdiction of 
 industry by the Constitution, except so far as industrial cor- 
 porations are engaged in interstate commerce. In ante- 
 bellum days, when factories were so small that each had a 
 local rather than a national market, state regulation sufficed, 
 though as a matter of fact httle was attempted. One prac- 
 tice, however, became common even then, for almost all of 
 the states ceased to pass special acts for each company that 
 wished incorporation, but passed general incorporation laws 
 under which a set of persons could begin business by fulfill- 
 ing a few requirements. These general laws have been 
 made more stringent as the corporations have become more 
 powerful and have sold their productions in wider terri- 
 tories ; but government control has not kept pace with in- 
 dustrial expansion, partly because incorporation in one state 
 entitled the company to do business in all others, and in 
 consequence the states with lenient laws have drawn to 
 themselves an undue share of the corporation fees and 
 papers, even when the main business of the corporations 
 was conducted in other states. The influence of this and 
 other practices was favorable to the development of industry 
 without government restraint. 
 
Commerce, Industry, a7id Labor 
 
 507 
 
 When a corporation is organized, it is obligated to file incorporation 
 papers with the secretary of state, and to pay a regular fee for the 
 privileges conferred upon it by law. But very few of the states have 
 provided any means for determining whether the capital stock is paid 
 up or is largely fictitious, or have suitable regulations which prevent 
 the company from " watering " its stock, i.e. declaring the amount in- 
 creased without putting in any more capital. The national govern- 
 ment in 1910 created a commission to examine and supervise the 
 issuance of all stocks and bonds by railways engaged in interstate com- 
 merce. Most of the states, however, require annual reports concerning 
 the amount of business performed, the debt of the company, and other 
 details ; but unless there is a uniform system of keeping corporation 
 accounts and proper means for enforcing laws framed to prevent fraud 
 and protect the interests of the stockholders, the reports are of little or 
 no value. 
 
 Regulations for particular kinds of corporations are usually more 
 rigid and better administered. Banks and loan associations are or- 
 dinarily subjected to exacting laws concerning capital, methods of 
 making loans, and reserve funds ; while insurance companies are even 
 more strictly supervised by st?te boards or superintendents. Industrial 
 incorporations are obliged to comply with many factory laws, especially 
 concerned with the safety and comfort of the employees. 
 
 Present con- 
 trol of indus- 
 trial corpora- 
 tions. 
 
 Ford, W. C, 
 
 Amer. Citi- 
 zens' Man- 
 ual, 67-82, 
 
 Miscella- 
 neous cor- 
 porations. 
 
 Whitten, 
 Trend of 
 Legislation, 
 417-419. 
 
 616. Evolution of the Trust. — Within recent years there 
 has been a marked tendency to concentrate the capital 
 engaged in industry in a few great companies. The first 
 form was something like this. A number of corporations 
 producing goods of the same kind placed the management 
 of their affairs in the hands of a few persons, called trustees, 
 who looked after their united business. They were often 
 thus enabled to control a large part of the market, and by 
 this combination to produce their wares more cheaply. As 
 the courts decided that these combinations were illegal, the 
 same end was later attained in a different way. The "trust " 
 of the present retains the old name, but is in reality a huge 
 corporation which has absorbed the smaller plants engaged 
 in the same or in allied industries. The immense saving in 
 the cost of production which can be made by permitting 
 each plant to turn out that form of manufacture which it 
 can do to the best advantage, would by itself insure very 
 
 Formation of 
 trusts. Orig- 
 inal and 
 present 
 forms. 
 
 Hadley, A. 
 T., in At. 
 Mo., LXXIX 
 (1897), 377- 
 385. 
 
 Bullock, In- 
 tro, to Eco- 
 nomics, 322- 
 324. 331-335- 
 
 Bogart, 
 Econ. Hist, 
 of U. S., 400- 
 414. 
 
5o8 
 
 The Afnerican Federal State 
 
 Views re- 
 garding best 
 method of 
 control. 
 
 Hadley, At. 
 Mo., LXXIX 
 (1897). 383- 
 385. 
 
 State anti- 
 trust laws. 
 
 Hadley, in 
 Scribners, 
 XXVI 
 (1899), 604- 
 610. 
 
 Walker, A. 
 F., in Forum, 
 XXVI 
 (1899), 257- 
 267. 
 
 great profits at the former prices ; but the removal of 
 practically all competition often gives the combination op- 
 portunity to charge more than before, if it beHeves that it 
 can make more money by doing so. 
 
 617. Control of Trusts. — To protect the people from the 
 very great power of these trusts has been one of the most 
 prominent duties of recent state governments. The 
 methods that have been used are as various as the views 
 regarding the trusts themselves. One class of persons looks 
 upon the trust as a monster, which could not have been 
 developed without the help afforded industry by the national 
 and state governments. They seek to destroy it by adverse 
 legislation. A second class beUeves that the trust is a neces- 
 sary evil, that the formation was inevitable, but that it should 
 be restricted and regulated by every possible means. The 
 more conservative members of this class have faith in the 
 efficacy of legislation to keep the trust within bounds ; the 
 more liberal ones distrust government interference, and look 
 to full and complete publicity as furnishing the best solution 
 of the trust problem. Still a third class thinks that the trust 
 is a public benefit because it abolishes the wastes of 
 competition. As they are confident that the trusts will be 
 forced for their own gain to lower rather than raise prices, 
 they oppose all legislative restriction even if they do not 
 desire government aid. 
 
 More than thirty states have passed laws prohibiting 
 monopolies, and making restraint upon production and 
 trade illegal. A few have been able to enforce their anti- 
 monopoly laws against the worst offenders. Some of the 
 states, particularly in the West and Southwest, have gone so 
 far that their radical laws if enforced must be injurious to 
 general business, because ordinary combinations would no 
 longer exist. As Dr. Whitten says {Trend of Legislation in 
 the United States, p. 417) : *'The trouble seems to be that 
 any law drastic enough to prohibit the trust will at the same 
 time prohibit many forms of combination and organization 
 recognized as highly beneficial. Thus far the labor organi- 
 
Commerce^ Industry^ and Labor 509 
 
 zations have been the principal sufferers from the legislation 
 intended solely to destroy trusts." 
 
 618. National Trust Regulation. — As the national gov- General 
 ernment has supervision of trusts only through the right to "^^^^^ of na- 
 
 tional regula- 
 
 control interstate commerce, nothmg was done until 1890, tion. 
 when the Sherman Anti-trust law was passed. Since then a 
 Bureau of Corporations has been created (1903) in con- 
 nection with the Department of Commerce (§ 372), and a 
 corporation tax law has been passed (1909) which gives the 
 national government opportunities to learn facts in regard to 
 the business of corporations, small as well as great. 
 
 The most important anti-trust law is the so-called Sherman Sherman 
 law. This states that " every contract, combination in the Anti-trust 
 form of trust, or otherwise, or conspiracy, in restraint of 
 trade or commerce among the several states, or with foreign R^P^^y C^^-)' 
 
 ° ' ° Trusts, Pools, 
 
 nations, is hereby declared to be illegal." At first compara- and Corpora- 
 
 tively little attention was paid to the law, either by the gov- ^^°^^^ 263- 
 
 272. 
 ernment or the corporations. It was invoked in 1894, to 
 
 prevent labor organizations from interfering with the move- ^J^^^^^Vp 
 
 ment of trains engaged in interstate commerce. Later the er over Car- 
 
 Supreme Court broke up several illegal railway combina- ^^^^^ ^^d 
 
 . T. , ~ . . ^ Corporations, 
 
 tions, including the interesting Northern Securities Com- 189-209. 
 pany. In these railway cases the Supreme Court made ^^^^ ^ 
 clear its position that the restraint was not necessarily KxiA.A.A., 
 unreasonable in order to be illegal. There has been in 24 (1904), 95- 
 consequence considerable agitation for the amendment of 
 the act permitting combinations to make agreements that ^J^^ f^^ 
 are reasonable. The court, before 1896, declared that "any Ready Re f., 
 agreement or combination which directly restrains not only ^^^' ^^^~^34- 
 the manufacture but the sale of a commodity among the 
 several States comes within the Anti- trust Act." A large 
 number of the industrial trusts have been restrained under 
 the act, the possibility of drastic action under the law being 
 one of the most effective forces in the restraint of these trusts. 
 
 619. History of Labor Legislation. — Nothing points out General ten- 
 more clearly the direction in which humanity has progressed ^"^^* 
 during the last century or two than the changed attitude of 
 
5IO 
 
 The American Federal State 
 
 Wright, In- 
 dustrial Evo- 
 lution, 264- 
 272. 
 
 Specific ben- 
 efits to labor, 
 
 Stimson, La- 
 bor in Rela- 
 tion to Law, 
 1-16. 
 
 Cleveland, 
 
 Democracy, 
 
 352-375- 
 
 General. 
 
 Stimson, 
 ibid., 16-39. 
 
 Lamed (ed.), 
 Ready Re/., 
 
 VII, 395-401. 
 
 Hours of la- 
 bor. 
 
 Stimson, 
 Handbook of 
 Labor Law, 
 
 43-65. 
 
 government toward the employer and employee. It is a 
 long way from the regulation of wages by English or colonial 
 statute to the attempted suppression so common now of 
 employers' combinations that aim to limit production and 
 fix the prices of those products j but for labor it has been a 
 succession of upward steps, taken with increasing rapidity 
 as government has become more of the people and for the 
 benefit of its largest class. 
 
 The restrictions upon labor in former times, however, 
 were comparatively few, and due more to custom than to 
 law. Those that had not been abohshed before the Revo- 
 lutionary War disappeared during the period following it ; 
 and, as trade and industry came to involve more extensive 
 operations, the law was invoked not only to protect the 
 employee, but so far as might be to improve his condition. 
 Freedom of contract was guaranteed, the right of mechanics' 
 liens was recognized, and a beginning was made in shorten- 
 ing the hours of labor for those in the employ of the national 
 and state governments. Later, laws were passed declaring 
 how many hours constituted a legal day, the number having 
 been shortened by subsequent amendments. 
 
 620. Legal Protection of the Employee. — The law of 
 to-day aims to give the employee every reasonable advan- 
 tage, because he is less able than the employer to protect 
 himself. The most common protective labor laws deal with 
 the hours of labor, mechanics' liens, factory regulations, and 
 employers' liability for injury received. 
 
 Many of the states Hmit the number of hours required for 
 a day's labor on pubhc work to eight or ten, and assert that 
 the same number shall be a legal day's work for private 
 parties ; but by contract any male employee may agree to 
 work any number of hours he chooses except in occupations, 
 in a few states, where the employee's health is endangered, 
 as in mining, or, in many states where the public would be 
 exposed to danger, as in railroading. In the case of women 
 and minors, the hours may be restricted in almost any busi- 
 ness that the government desires (§ 622). 
 
Commerce, Indtistry, and Labor 511 
 
 Very few of the commonwealths where manufacturing is Factory leg- 
 prominent have failed to demand that every company shall ^^^^*^°°' 
 do certain things in order to protect the health and safety Wright, in- 
 of those in his employ. Overcrowding is prohibited, fire- lution 277- ' 
 escapes are required, and boiler inspection is made obli- 278. 
 gatory. Statutes seek to prohibit sweat shops in those cities stimson, 
 where they are common, or reduce their disadvantages as Handbook, 
 far as possible. '^ 
 
 About three-fourths of the states now have labor bureaus state labor 
 
 or special officials who gather statistics and information ^^^eaus. 
 
 regarding the conditions of labor. These have rendered Wright, 273- 
 
 valuable service in calling attention to abuses in securing ^'^ * 
 ameliorative legislation, and in enforcing factory and child 
 labor laws. 
 
 621. Industrial Accidents. — Among the nations of the Appalling 
 
 earth the United States is conspicuous for the larsje number ^^'^^^'^s of 
 
 ^ ^ accidents. 
 
 of deaths and accidents to its workers. This is true of all 
 
 branches of industry, being particularly noticeable among rail- ^^^ Eticyc 
 
 way employees and miners. Although we have no reliable of Social 
 
 statistics, it has been estimated that in the United States at v^^^. 4-7. 
 least twenty-five thousand employees are killed and more 
 than a half million are injured every year. 
 
 We have not done as much as most of the States of Europe Liability of 
 
 in holding employers responsible for accidents to those in ^^^ oyers. 
 
 their charge. In the United States, the law ordinarily re- Stimson, 
 
 , • 1 1 • Handbook, 
 
 quires that some precaution must be taken to prevent acci- i5i_i55_ 
 
 dents to employees whose work entails risk to life or Hmb. ^,. , , , 
 
 ^ ■' . Bliss (ed.), 
 
 This is especially true of railways. In America, however, New Encyc. 
 
 few of the states have provided laws that relieve the em- of Social 
 
 ployees of the chief risk in dangerous occupations. Al- ^3. 
 though our laws are much better than they were a few years 
 
 ago, as Miss Crystal Eastman says, our present liability law Work 
 
 " in many of its principles is unjust ; in operation it uses up Accidents 
 
 time, money, and good will, to little purpose ; it furnishes igg-aoe. 
 small incentive for the prevention of work-accidents, and 
 leaves well-nigh the whole economic burden of work acci- 
 dents to be borne by the injured workman and his depen- 
 
512 
 
 The American Federal State 
 
 Compensa- 
 tion for 
 accident. 
 
 Seager, 
 Social Insur- 
 ance, 65-78. 
 Bureau of 
 Labor (U.S.), 
 Bulletin, 74, 
 121-158-. 
 
 Eastman, 
 207-220. 
 Sherman, P. 
 T., in Survey, 
 
 25 (1911). 
 994-962. 
 
 Unemploy- 
 ment. 
 Commons 
 {&di.^, Trade, 
 Unionism 
 and Labor 
 Problems, 
 603-616. 
 
 Strikes. 
 
 Wright, 283- 
 287. 
 
 Stimson, 
 
 Handbook, 
 
 194-220. 
 
 Adams and 
 Sumner, 
 Labor Prob- 
 lems, 187-206. 
 
 Arbitration 
 and concilia- 
 tion. 
 
 dents, with consequent hardship and privation. It is to be 
 condemned from the standpoints of justice, method, and 
 practical utiUty." 
 
 On account of objections to the liabihty principle, many 
 people advocate the adoption of compensation in the form 
 of insurance for accidents like that of Germany, where the 
 compensation is payable out of funds to which regular pay- 
 ments are made by the employer, and by the employee as 
 well, for sickness or temporary disability. Others favor the 
 Enghsh law, which lays the entire burden on the employer, 
 the amount varying with the occupation and degree of dis- 
 ability. One state. New York, has substituted compensation 
 for liability in dangerous employments, permitting compen- 
 sation in others if employer and employee can agree upon a 
 plan. 
 
 Our governments have not yet devised any satisfactory 
 scheme for that serious work-accident, unemployment. 
 Five states have experimented with public employment 
 bureaus, but without great success. 
 
 622. Attitude of Government toward Labor Disputes. — 
 What is the attitude of the government toward labor unions, 
 strikes, and settlement of disputes? Labor unions have the 
 privileges of incorporation, and are allowed to govern their 
 members by such methods as they see fit to use. But if 
 combinations of labor seek to dictate to employers, or to 
 prevent non-union men from working, or conspire against 
 any person or set of persons, their acts are held to be illegal, 
 and the parties committing them are responsible to the 
 courts. Strikes are therefore perfectly legal when they are 
 attended by no feehng of maHce or by violence, but a boy- 
 cott, or a sympathetic strike, — i.e.y one made by a union 
 which has no grievance of its own, but which wishes to aid 
 an allied labor organization, — is held to be in violation of 
 law. 
 
 Compulsory arbitration of difficulties between employers 
 and employees is not used in the United States, but there 
 are several state boards of conciliation and arbitration and a 
 
Comtnerce^ Industry ^ and Labor 513 
 
 national board, which have often been able to prevent Wright, 287- 
 strikes and to adjust differences. In more than one-third ^^^' 
 of the states there are permanent boards on which employ- Adams and 
 ers and employees are represented equally. In some of u^^r^prob 
 these states investigation of disputes may be begun by the lems, 295- 
 board, while, with one exception, they must offer mediation 3°^' 325-331- 
 in case of actual or threatened strike or lockout. Cases are National 
 never arbitrated unless one party asks for arbitration, but commSsion 
 if both parties consent, six states insist that the award Final Report, 
 must be accepted. Other states offer mediation through ^ • ^^3- 
 the state commissioners of labor, still others have local 
 arbitration boards, and a few provide for separate boards 
 for special disputes. The results have been fairly satis- 
 factory in those few states which have undertaken the 
 work with the intention of escaping the losses of industrial 
 warfare. 
 
 When a strike is of the nature of a conspiracy for the re- Conspiracies 
 straint of trade, the government is always prompt to inter- ^^^ mjunc- 
 fere. If interstate trade or the conveyance of the mails is 
 threatened, the President never hesitates to use miHtary ^^^^°",J 
 force, as was noticeable in the great railway strikes of 1877 Relation to 
 and 1894. Local disorder is usually suppressed by the "^T^'^o"^^' 
 sheriffs of the counties, with or without the aid of the state 
 governor. The courts may also take part in restoring peace i^nxo) 8q- 
 by issuing injunctions against the leaders of the conspiracy, 141. 
 who are thus apprehended and held for trial. As the injunc- 
 tion is a drastic measure liable to abuse, the remedy in this 
 case, as in some other labor problems, may be worse than 
 the disease. 
 
 623. Conservation of Labor. — Although our governments Legislation 
 have done httle yet to prevent the losses due to unnecessary fo^jo^i^i 
 
 , welfare. 
 
 friction, accidents, death and sickness, the laws and court 
 decisions of recent years recognize the desirability of pro- y^\-^^survey 
 tecting society, even more than the individual worker, by 24 (1910), 
 drastic regulations for women and children who are engaged ^^3-7 o. 
 in industry. Limitation of the hours for women was upheld 
 by the Supreme Court of the United States (1908) in the 
 
 2L 
 
514 The American Federal State 
 
 case of Muller vs. Oregon on the broadest possible grounds, 
 namely, that long hours, by injuring a woman's health, were 
 a menace to the welfare of the race. Very few states, how- 
 ever, have enacted any laws that protect adequately women 
 workers, although many suggested reforms will become law, 
 undoubtedly, within the next decade. 
 Child labor The Opening years of the twentieth century have been 
 legislation. marked by great interest in child labor and by considerable 
 Adams and progress in improving the condition of the working child. 
 Labor Prob- ^^lle more than two million children under sixteen are em- 
 lems 29-37. ployed in the United States, the number in dangerous or 
 Bliss (ed.), objectionable occupations, or at work anywhere under four- 
 New Encyc. teen, is much smaller. Most of the states now demand age 
 Reform, 170- certificates of all child workers, possibly in the form of birth 
 181. certificates, refusing employment to those under fourteen 
 
 during school months. Compulsory educational laws are en- 
 forced in connection with labor laws in a few states. The 
 difficulties of enforcing child-labor laws are increased by the 
 ignorance and greed of parents, by the unscrupulousness of 
 employers, by the low wages and uncertain employment 
 which prevent many fathers from earning a living wage from 
 which to provide necessaries for the members of their 
 families. While our governments cannot control the rate 
 of wage received by the less capable adult workers, nor inter- 
 fere with the management of operations purely economic, 
 they can and must protect the supply of labor from unneces- 
 sarily oppressive or destructive forces which threaten ruin. 
 They must check the development of economic conditions 
 that make or keep strong, healthy, and intelligent workers 
 in a condition of semi-servitude. They must protect chil- 
 dren from the grind of toil that prevents their proper physi- 
 cal development and forces them to work under unsanitary 
 or undesirable conditions which place a premium on im- 
 morality. This they must do, not for the child alone, as a 
 citizen and a future worker, but for his children and for the 
 Republic, which will be the chief loser through his deg- 
 radation. 
 
Commerce^ Indtistry^ and Labor 515 
 
 QUESTIONS AND REFERENCES 
 The Tariff (§§ 605-610) 
 
 1. On general principles, is it wiser to decrease or increase the rate 
 of protective duties after the protected industry passes the " infant " 
 stage? Situated as we are, would it be advisable to remove the duty 
 altogether? If so, under what conditions? 
 
 2. Is there any essential difference in the operation of the protective 
 tariff and the tariff for revenue only as indirect taxes? Which one 
 makes the poor man pay the larger portion of the tax? Explain why 
 this is so. 
 
 3. In your opinion, which has been our most successful tariff, and 
 for what reason? 
 
 i. What was the amount of our foreign commerce last year? Were 
 the imports or exports larger? What percentage of the imports was 
 admitted free? Of the articles admitted free, which represented the 
 greatest value? Of those paying duty, what were assessed at the 
 highest rate, and what was the rate? 
 
 Control of Domestic Commerce (§§ 611-614) 
 
 a. On European methods of dealing with the railway problem, look 
 up Hadley, Railroad Transportation^ 146-258 ; Hendrick, Railway 
 Control by Com^nissions, 8-91 ; Johnson, Am. Railway Transporta- 
 tion, 322-348; and Meyer, Government Regulation of Railway Rates, 
 1-200. 
 
 1. Compare the method of control in England with that of the 
 United States. In what respect have the English railways more free- 
 dom in forming combinations than in the United States? What has 
 been their experience in fixing maximum rates? 
 
 2. How does our federal system of government complicate the rail- 
 way problem? Will cooperation between the state and national com- 
 missions be necessary for the best results ? How may that be brought 
 about ? 
 
 3. Should our commissions have more or less power? If it is in- 
 advisable to both prevent pools and prohibit discrimination, which 
 would it be best to attempt and which leave alone? 
 
 4. Compare fully the original Interstate Commerce Commission 
 with the present commission, in regard to definition of term " common 
 career," control over ra-tes, methods used and success attained. 
 
5i6 The American Federal State 
 
 i. Who are the members of the Interstate Commerce Commission 
 at present ? If you have a state commission, learn how many compose 
 it, how they are chosen, and for what term. 
 
 ii. Does your commission belong to those with or without power 
 to fix a maximum rate? If with power, how much does it really 
 possess? What has been its success in remedying the evils of railway 
 mismanagement? Of exorbitant rates? 
 
 Regulation of Industry (§§ 615-618) 
 
 a. Different views of the best method of controlling trusts are given 
 by J. W. Jenks, in Quar. Jol. Econ.y XII (1898), 461 et seq.; 
 J. D. Sayers, in N. A. R., 169 (1899), 210 et seq. ; R. Kleberg, in Arena^ 
 XXI (1899), et seq.; J. D. Forrest, in Amer. Jol. Soc, V (1899), 228 
 et seq. ; Clark, Control of Trusts^ and Problem of Monopoly. 
 
 1. Should there not be some national regulation of corporations 
 doing business in more than one state? What methods have been 
 suggested for control of these corporations? (Jenks, Trusts, Appendix.) 
 
 2. Is it advisable to have very little or a great deal of restraint upon 
 industry? What might be stated as the minimum requirements re- 
 garding capital stock, liability of directors, reports, etc.? 
 
 3. Why do not trusts raise the price of their goods indefinitely if 
 they have practically no competition? 
 
 i. Look up your general corporation law, the laws regarding banks, 
 railways, and insurance companies. What means of regulation are 
 prescribed? If you have an anti-trust law, notice the definition of a 
 trust and the method of control. 
 
 Labor Legislation (§§ 618-623) 
 
 a. On employers' liability in the United States compare Seager, 
 Social Insurance, 24-83 ; New York Employers' Liability Commission, 
 First Report, 5-69 ; Bureau of Labor (national). Bulletins, No. 31, 
 1157-1210; No. 74, 1-120; Hard, Injured in the Course of Duty ; 
 Eastman, Work Accidents and the law. 
 
 b. On child labor look up Markham, E., in Cosmopolitan, 41 (^1906), 
 480-487, 567-574; 42 (1907), 20-28, 327-333* 391-397* 667-673; 
 43 (1907)* 310-314 ; A. A. A., May 1905, March 1906, Jan. 1907, Sup, 
 July 1908, Sup. March 1909, Sup, March 1910; Scott, Child Labor ^ 
 "Summary of Laws in Force," 19 10. 
 
 I. Trace the history of legislation in favor of labor during this 
 century. Can it be said that it is directly due to democracy ? 
 
Commerce, Indus try , and Labor 517 
 
 2. Are any of the labor laws of to-day a menace to the liberty of 
 the employer? If so, which? In what way are they dangerous to 
 him? 
 
 3. What has been done in this country in the last quarter century 
 to prevent work-accidents? Compare the success of our laws with 
 that of European countries. How can we protect workmen to reduce 
 the loss of life ? 
 
 4. Compare employers' liability in the United States with industrial 
 compensation in Europe. Are there any legal objections to the adop- 
 tion of compensation by the states? Name practical or administrative 
 objections to the adoption of the German system ; the English system. 
 
 5. What may be accomplished by the strict enforcement of a 
 national child-labor law prohibiting the transportation of child-made 
 goods from one state to another? 
 
 6. What is the difference between industrial conciliation and in- 
 dustrial arbitration? State advantages of conciliation over arbitration ; 
 of voluntary arbitration over compulsory arbitration. 
 
 i. Have you a labor bureau? If so, what are its duties? What 
 has it accomplished? 
 
 ii. State briefly the law of your state regarding hours of labor, me- 
 chanics' liens, protection of health of employees, employers' liability, 
 child labor, and industrial arbitration. 
 
 iii. Compare the number of children employed now and a quarter 
 century ago. In what occupations are most of the younger employees 
 engaged in this state? In what states and in what employments are 
 most of the child workers found? 
 
CHAPTER XXVIII 
 
 FOREIGN AFFAIRS AND COLONIES 
 
 General References 
 
 Past isola- 
 tion. 
 
 Probable 
 future com- 
 plications. 
 
 Davis, "Treaties of the United States," in Lalor, III, 944-949. 
 
 Hart, Foundations of American Foreign Policy. 
 
 Moore, American Diplomacy^ its Spirit and Achievements. 
 
 Schuyler, American Diplomacy, " and the furtherance of commerce." 
 
 Snow, American Diplotnacy, " treaties and topics." 
 
 Latane, Diplomatic Relations of the United States and Spanish America. 
 
 Henderson, American Diplomatic Questions. 2 volumes. 
 
 Foster, yi Century of American Diplomacy (i 776-1876). The best 
 
 connected narrative. 
 Foster, American Diplomacy in the Orient. Events of recent years. 
 Foster, The Practice of Diplomacy. Rules and procedure of diplomatic 
 
 intercourse. 
 Treaties and Conventions between the United States and Other Powers 
 
 (1776-1889). A government publication giving text of all treaties 
 
 made between those dates. 
 Compilation of Treaties in Force (1904). 
 Callahan, American Relations in the Pacific and the Far East {\lZ/^— 
 
 1900). 
 Coolidge, United States as a World Power. Relations with different 
 
 nations. 
 Moore, A Digest of International Law. 8 volumes. Invaluable for 
 
 reference. 
 Moore, Arbitration to which the United States has been a Party. 6 
 
 volumes. A very complete publication under government auspices. 
 Periodical indexes under United States, Foreign Relations; Monroe 
 
 Doctrine, Diplomacy, Colonies, Philippines, Territories, etc. 
 
 624. Increased Importance of Foreign Affairs. — On only 
 a few occasions, three of which we have considered (§§ 156, 
 169, 226), have any events connected with foreign affairs 
 acted as important influences upon the development of 
 nationality and democracy in America, but a few of our 
 
 518 
 
Foreign Affairs and Colonies 519 
 
 diplomatic victories would deserve consideration in them- Oiney, R., in 
 selves were they unconnected in any way with our internal Tt^^{ 
 growth. In the past our relations with Great Britain have (1898), 577- 
 been of especial significance, so that our negotiations with 588. 
 that country occupy a very prominent place in our diplo- 
 matic history. This is shown in the negotiations of 1782- 
 1 783, and in the diplomacy of the War for the Union, which 
 are considered below. It is observable in connection with 
 the important effect upon our foreign relations of Jay's 
 treaty (i 794) which was considered a failure in this country 
 at that time, and in the negotiation of questions affectmg 
 British North America and ourselves, especially the Alaskan 
 boundary and fisheries questions, finally settled by arbitration. 
 Our relations with our Southern neighbors have likewise 
 been very important, particularly in connection with that 
 poUcy familiarly known as the Monroe Doctrine. In the 
 future, foreign affairs must become a much more real part 
 of us than they have been, not alone because the increase 
 of our commerce and improved means of communication 
 have brought us into touch with other world powers, but on 
 account of the newly acquired possessions for whose sake 
 we are necessarily interested in all the problems of the 
 Pacific and the Far East. We shall consider the negotia- 
 tions with Great Britain in connection with our two impor- 
 tant wars, and the development of the Monroe Doctrine, as 
 types of American methods and successes. 
 
 625. The Treaty of 1783. — Our national career opened American 
 with what may well be considered our greatest diplomatic <^^^^™^ ^" 
 
 •' or successes. 
 
 victory, gained in the negotiations with Great Britain in 1782 
 
 and 1783. After Cornwalhs's surrender at Yorktown had Hist.Jhxeg- 
 
 practically closed the Revolutionary War, Great Britain felt 171. 
 
 it necessary to make peace with the four nations — the McLaughlin, 
 
 United States, France, Spain, and Holland — with which Confederation 
 
 . . . and Const itu- 
 
 she was at war. She found the American commissioners — ^^-^^^ 18-34. 
 of whom Franklin, Jay, and John Adams took active part in 
 the negotiations — had been instructed to ask for indepen- 
 dence, for the Mississippi River as a western boundary, 
 
520 
 
 The American Federal State 
 
 Prevention of 
 European 
 aid to Con- 
 federacy. 
 
 Foster, Cen- 
 tury of Am. 
 Diplomacy, 
 357-400. 
 
 Rhodes, 
 United 
 States, 1850- 
 1877). Ill, 
 502-543, IV, 
 
 85-92, 337- 
 394- 
 
 including the right of navigation on that river, with the St. 
 Lawrence and the Great Lakes on the north, and to demand 
 the right of taking fish off Newfoundland. These claims 
 were deemed extravagant by England, while two of the 
 three, those referring to the western boundary and the fish- 
 eries, were opposed by the French ministry, whose advice 
 Congress had told her representatives to follow. As our 
 commissioners were by no means ready to sacrifice American 
 interests to French ambition, even at the request of Con- 
 gress, without consulting our French allies they devoted 
 themselves to securing from England recognition of the 
 justice of our claims. In a preHminary treaty of peace 
 signed in 1782 they obtained almost everything for which 
 they had asked, giving very little in return. This preHmi- 
 nary treaty was later accepted by England as the final treaty 
 of peace, and we were thus given a perfect title to a broad 
 domain to which through equal good fortune other territories 
 were later added, until it reached from sea to sea, the 
 most magnificent empire in the world. 
 
 626. The Diplomacy of the War for the Union. — During 
 the great conflict between the North and the South from 
 1 86 1 to 1865, it was of the utmost importance to the Union 
 that cordial relations be continued with Europe, and that the 
 powers be prevented, if possible, from recognizing the inde- 
 pendence of the South. We were fortunate in having at 
 that crisis such men as Seward for Secretary of State and 
 Charles Francis Adams as Minister to England. At the 
 very beginning of the war a rupture was almost caused by the 
 action of Captain Wilkes of the San Jacinto in stopping the 
 British mail steamer Trent in order to seize two Confederate 
 commissioners on their way to Europe. They were almost 
 immediately given up on request, with a poHte but sarcastic 
 statement that we rejoiced to see that England now disap- 
 proved the right of search and accepted the principle for 
 which we had so long contended. Later our representatives 
 were kept busy preventing, so far as lay in their power, the 
 equipment of Confederate privateers in English and French 
 
 !iv 
 
Foreig7i Affairs and Colojiies 521 
 
 shipyards, and in counteracting the influences that were 
 constantly brought to bear in favor of recognizing Southern 
 independence. The great victories of Vicksburg and 
 Gettysburg (1863), coupled with a stout adherence of the 
 EngHsh working- people to the cause of freedom that the 
 North represented, lessened these dangers, though American 
 success was due in great part to the services of Adams and 
 Dayton at the English and French courts. 
 
 In the treaty of Washington (187 1), besides many other Treaty of 
 questions that were settled, arrangements were made that Washington 
 
 , r 1 1 1 , ^^ . , and Geneva 
 
 the amount of the damages due the United States from award. 
 Great Britain for injury done to our commerce by the pog^er 
 Alabama and other vessels fitted out in British yards during 428. 
 the war should be fixed by a tribunal of five members, — one Rhodes, vi 
 American, one English, and three from other nations, — the 359-376. 
 treaty itself laying down regulations which defined the duties 
 of neutrals in time of war. The tribunal met at Geneva, 
 Switzerland, and placed the award at ^15,500,000. 
 
 627. Some Early Applications of the Monroe Doctrine. — Original 
 The circumstances which led to the now famous declaration Monroe 
 of President Monroe upon the relation of the United States to 
 European interference with other American countries were 
 briefly set forth in § 169, and need not be repeated. 
 What was intended to be a statement of a temporary poHcy 
 has become a settled doctrine of governmental action, 
 apphed many times since 1823. 
 
 It was the threatened conquest by Great Britain of the Application 
 district around the mouth of the San Juan River in Central \^ Central 
 
 •' America. 
 
 America, over half a century ago, that brought out one of 
 
 the first protests under the Doctrine. As the subject of an a,id Foreign 
 
 interoceanic canal was at that time very interesting to both Powers, 95- 
 
 nations, and as the capital for such an enterprise could not ^^' 
 
 be obtained in America, but must be procured in Great 
 
 Britain, the United States was satisfied to make the Clayton- 
 
 Bulwer treaty (1850), which prohibited either country from 
 
 gaining control of the territory about the canal, or getting 
 
 exclusive control of the canal itself. The subsequent atti- 
 
522 
 
 The American Federal State 
 
 The French 
 in Mexico. 
 
 Foster, ibid., 
 401-403. 
 
 Lothrop, 
 Seward, 387- 
 395. 
 
 Applications 
 from 1866 to 
 1895. 
 
 The Vene- 
 zuela dispute. 
 
 Foster, 466- 
 478. 
 
 Latane, U. S. 
 and Spanish 
 America^ 
 273-284. 
 
 tude of the United States toward this treaty is too well 
 known to require comment. 
 
 The most conspicuous application of the Doctrine was in 
 connection with the affairs of Mexico in 1866. During the 
 Civil War, Napoleon III of France, under pretext of collect- 
 ing certain debts, forced upon the Mexicans an Austrian 
 prince named MaximiUan, who was maintained as Emperor 
 of Mexico by the use of the French army. Our government 
 protested mildly, and after Appomattox an army of observa- 
 tion under Sheridan was despatched to the Rio Grande, and 
 disapproval of French actions clearly expressed. Finally, 
 on December 10, 1865, Secretary Seward sent to France a 
 peremptory note, stating that the policy of friendship for 
 France would be brought into immediate jeopardy, unless 
 her intervention were brought to an end. After a httle 
 hesitation Napoleon agreed to withdraw his troops; and 
 when that was done, the Mexican Empire came to an end, 
 Maximilian being put to death. 
 
 628. The Monroe Doctrine in Recent History. — There 
 has been a pronounced tendency throughout the country 
 during the last two or three decades to enlarge upon the 
 original Monroe Doctrine. It was observable in connection 
 with the proposed construction of the Panama Canal under 
 foreign control. The Doctrine was made the basis for 
 official statements that even such remote islands as those in 
 the Hawaiian group, forming at that time an independent 
 monarchy, could not be permitted to pass into the possession 
 of a European power. Far more noteworthy than this was 
 the new form assumed by the Doctrine at the hands of 
 President Cleveland and Secretary Olney (1895) in the 
 Venezuela boundary dispute. The location of the line 
 between that country and British Guiana had never been 
 definitely settled, although numerous surveys had been 
 made. It seemed to our government that Great Britain 
 was endeavoring to seize upon so much of the Venezuela 
 territory as might enable it to gain the mouth of the great 
 Orinoco River. Secretary Olney therefore called the atten- 
 
Foreign Affairs and Colonies 523 
 
 tion of Great Britain to the interests of the United States Dewey, Na- 
 which were involved in the question, and showed how the ^^''"■'^^ P^^i- 
 
 i^^S, 304- 
 
 Monroe Doctrine apphed to the case. When Lord SaUs- 352. 
 bury refused to accept Ohiey's statement of the controversy 
 as being true to the facts, and denied that the Doctrine 
 apphed, President Cleveland sent Congress a message in 
 which he not only fully supported Olney's contentions, but 
 maintained that the United States should interfere to deter- 
 mine where the boundary line really ran. For that purpose 
 he suggested a commission to be selected by the President. 
 The commission was duly appointed, but before it was ready 
 to report, Great Britain agreed to leave the whole matter to 
 an impartial board of arbitration. 
 
 The present Monroe Doctrine includes not only the old Present 
 idea that no American territory shall be taken by a Euro- j^^Y^^ 
 
 pean power for its own use, but the newer one that territorial 
 
 Latane U S 
 controversies shall not be decided forcibly to the advantage ^^ world 
 
 of the stronger country. Territory shall not be seized or re- Power, 255- 
 tained to guarantee the payment of debt, but we do not ob- ^ ^' 
 ject to the use of force in the collection of debts. Many 
 persons advocate the upholding of the interpretation of the 
 Doctrine held by a recent President and Secretary of State, 
 namely, that the United States is the guardian of all Latin- 
 American interests and must protect those interests against 
 foreign aggressions and domestic dangers. The chief ob- 
 jectors to this policy are those Latin-American Republics 
 that oppose the patronizing attitude of the United States. 
 
 629. The United States as a World Power. — The posi- General 
 tion of the United States as a world power has long been P°^^^'°"- 
 suggested by her preeminence in the Western Hemisphere. Coiquhoun, 
 It has become more conspicuous with the changes in foreign ^^j^rica, 
 relations during the last two decades, not only in more 147-170- 
 clearly defining our headship among the republics of the New Reinsch, 
 World, but in the acquisition of scattered colonial possessions, V.^rid Poh- 
 in new and important activities m the Far East, and m par- 
 ticipation with other great powers in affairs of world-wide sig- 
 nificance. More than all else it has been shown by our 
 
524 
 
 The American Federal State 
 
 The United 
 States in the 
 Pacific, 
 
 Latan6, U. S. 
 as a World 
 Power, loo- 
 119. 
 
 Efforts made 
 to protect 
 neutrals. 
 
 Schuyler, 
 Am. Diplo- 
 macy, 367- 
 398. 
 
 Foster, Cen- 
 tury of Am. 
 Diplotnacy, 
 93. 154-157. 
 347-349- 
 
 International 
 arbitration. 
 
 commercial and diplomatic position as a power second to no 
 other. 
 
 Our place as a world power has come naturally and inevi- 
 tably, as the Pacific Ocean has become more and more the 
 sphere of world action, because we are the only great nation 
 touching both the Atlantic and the Pacific. It was obser- 
 vable in our acceptance of a joint protectorate over Samoa 
 in 1889, in our acquisition of Hawaii and the Philippines in 
 1898, and in our joint action with other great powers in the 
 movement on Peking during the Boxer revolt in 1900. 
 Usually our policy has been marked by moderation so 
 far as our own demands are concerned, and by a dis- 
 interested, but sincere, determination to protect the terri- 
 tory, revenues, and rights of the non-Caucasian countries 
 that have been unable to withstand the aggressions of the 
 civilized world. 
 
 630. American Influence on World Peace. — From the be- 
 ginning of its history the United States exerted its influence 
 to secure the rights of neutrals against the aggressions of 
 belligerents. The proclamation of neutrality issued by 
 Washington (1793), with the laws of 1794 and 1818 defining 
 the right of neutrals, furnished not only an example of firm 
 and moderate action under trying circumstances, but a 
 model copied by older nations that wished to declare their 
 neutrality. As early as 1785, a treaty with Prussia contained 
 provisions declaring that in case of war between the two 
 countries, even contraband of war was free from capture if 
 carried on neutral ships, and prohibiting both blockades and 
 privateering. Although the United States used its influence 
 continually to secure the abolition of privateering, it did not 
 agree to the Declaration of Paris (1856) in which privateer- 
 ing was abolished, while blockades and neutral rights were 
 defined ; first, because the provisions were too moderate, 
 and, second, because their acceptance by the President 
 would not be binding on Congress. 
 
 The United States has long been an advocate of arbitra- 
 tion as a means of solving international difliculties, having 
 
Foreign Affairs and Colonies 525 
 
 used that method repeatedly since the adoption of the Con- Larned(ed.), 
 stitution, especially in the settlement of disputes with Great "^^^-^^o f 
 Britain. In the recent movement for arbitration, however, ¥1,577-580, 
 the government of the United States acted rather tardily, vil, 708-711. 
 This was due not to lack of interest in the subject but almost 
 entirely to the complicated machinery, chief executive and 
 Senate, through which foreign affairs are managed. A gen- 
 eral arbitration treaty with Great Britain in 1897 was de- 
 feated by the Senate's failure to cooperate with the Presi- 
 dent. When the Hague Peace Conference in 1899 made 
 provision for a permanent court of arbitration, proposing a 
 form of treaty under which disputes should be submitted, 
 the United States found it impossible to join the other nations 
 in this great movement untiL in 1908, several treaties were 
 ratified. 
 
 Americans have been very active in the promotion of Peace con- 
 peace, holding national conferences, seeking to keep peace ^^^^^^^^• 
 in the Western Hemisphere, and securing a second Peace Larned(ed.), 
 Conference at the Hague in 1907. As the only great power ^ea/y^Ref., 
 with direct access to both the Atlantic and the Pacific, as ¥11,715-725. 
 the most disinterested spectator of European political 
 manoeuvres, and of contests in the Orient for territorial, 
 political, or commercial advantage, the United States will 
 undoubtedly have in the future a still greater share in the 
 maintenance of the world's peace. 
 
 631. Our Experience with Colonies. — The growth of the Two classes 
 United States from an Atlantic state to one with numerous o^ colonies. 
 possessions in the Pacific brought serious territorial problems. Boyd, in 
 The territory which was acquired before 1867 consisted of lxxxii 
 great areas practically uninhabited and lying directly west of (1898), 735- 
 the states, in the path of advancing migration from the older '^^'^' 
 sections of the country. For different districts of this vast Hart, m 
 
 , Harpers, 
 
 region it was customary for Congress to estabhsh two xcviii 
 classes of territorial government (the temporary and the (iS99),3i9- 
 permanent) adapted to the different stages in their develop- ^^ ' 
 ment. The government of each district was considered 
 temporary until the population warranted the organization 
 
526 
 
 The American Federal State 
 
 Semicolo- 
 nial character 
 of organized 
 territories. 
 
 Colonial 
 character ot 
 unorganized 
 territories. 
 
 Alaska. 
 Willoughby, 
 Territories 
 and Depend- 
 encies, 74-78. 
 
 Conditions 
 affecting the 
 character of 
 new colonial 
 governments. 
 
 of a regular government. Temporary governments were 
 principally distinguished from permanent governments by a 
 total lack of self-government, for the organized territories 
 were always permitted to choose one or both houses of the 
 legislature, the governor and the judiciary, however, being 
 appointed by the President. 
 
 In section 311 we considered the amount of self-govern- 
 ment permitted in the organized territory of the present 
 day, and noted how prominent a place the government at 
 Washington occupied in the control of such a territory. 
 That account may be taken as showing how organized terri- 
 tories have been governed in the past as well as within 
 recent times, although there has been more local autonomy 
 in the lands under national supervision in recent years than 
 formerly. But even in these organized territories more 
 control is exercised from Washington now than was 
 exercised from London over Connecticut and Rhode Island 
 before the Revolutionary War ; that is, our territorial system 
 has always involved certain semicolonial relations. 
 
 During the period of '^temporary" government, more- 
 over, the relation between the territory and the nation was 
 a colonial one, pure and simple. In the lands ceded by the 
 states under the Confederation, the districts were at first 
 under the charge of a governor and judges selected by the 
 President. The temporary government of the Louisiana 
 Purchase was of the nature of a military despotism, while 
 from 1805 to 1 81 6 the people in that portion north of the 
 33d parallel were allowed less share in the election of 
 pubUc officials than those of Massachusetts in colonial times. 
 For Alaska there has never been any attempt to establish a 
 regular government, not even a governor being appointed 
 until 1884. This official has no regular corps of assistants, 
 and although there have been judges for some time, there is 
 even yet no legislature. 
 
 632. Our Colonial Governments. — The policy pursued 
 toward the territories acquired in 1898 differs from that we 
 have used in regard to the land lying between the Mississippi 
 
 J ,1 
 
Foreign Affaifs and Colonies 527 
 
 and the Pacific, because the population of these new Ashley, ^w. 
 
 possessions is comparatively dense, and is lacking in the '^°^'^' ^^'^' 
 ,. . . ed., 55 268— 
 
 political training of English-speaking peoples. It was nee- 270. 
 
 essary, however, as in the case of our early acquisitions, to ,^ ^ ,. 
 
 J ^ i Moses, Govt 
 
 arrange temporary governments for which our regular terri- of U.S., ^x- 
 
 torial system did not furnish any suitable models. ^^°- 
 
 Since 1907 the Phihppine Islands have enjoyed a repre- Government 
 
 sentative assembly of 80 members elected by Filipino of Philippine 
 
 ^1 . •• . -11^ . . ^ Islands and 
 
 voters that cooperates with the Commission of seven Ameri- Porto Rico, 
 
 cans and Filipinos in making the laws. There are local ^yj^Q^ ^^^^ 
 
 governments largely controlled by those Filipinos who Territories ' 
 
 are educated or own property. Great progress has been (^''^ Depend- 
 
 j. IT,. 1, ^ encies, So- 
 
 made m establishing schools and making other improve- 107, 191-214. 
 
 ments. Porto Rico has a m.uch more liberal suffrage law, 
 
 although in form the government resembles that of the 
 
 PhiHppines. 
 
 The principal difficulties to be overcome in securing that Problems of 
 
 kind of colonial government which best protects the inter- <^o^°°i^l go^- 
 
 . . , , , eminent, 
 
 ests of our nation and the subject peoples, in establishing a 
 
 system of internal taxation that proves most profitable and 
 least burdensome, and in properly administering such a 
 body of law as each colony may need, are not constitutional 
 but practical. Emphasis has rightly been placed upon the 
 importance of the national bureau which takes charge of 
 colonial affairs and the need of securing an honest and com- 
 petent civil service, in order that the plans for governing 
 the colonies may not fail through faulty administration, but 
 be made the more efficient ; yet these are only two of the 
 necessities of the situation, for success cannot be obtained 
 through good service under suitable supervision if the 
 method of deahng with social, political, and fiscal problems 
 is wrong. We require all of the help that can be obtained 
 from our own experience, and the more extended experi- 
 ments of European nations, but are, of course, compelled 
 to work out the problems of control according to the con- 
 ditions that we find in each colony. 
 
528 The American Federal State 
 
 QUESTIONS AND REFERENCES 
 Some Chapters of American Diplomacy (§§ 624-630) 
 
 a. The treaty of 1783 is considered in Fiske, Critical Period, 1-49; 
 Foster, Century of American Diplomacy, 40-72 ; Pellew, Life of 
 John Jay, 114-228; Jay, J., in Winsor's Narrative and Critical 
 History of America, VII, 89-114 ; Bigelow's Franklin, Pt. Ill, Chaps. 
 III-V. 
 
 b. On the diplomacy of the Civil War see J. Schouler, in N.A.R,, 
 CII, 446 et seq. ; Aldis, in N.A.R., CXXIX, 342 et seg. ; Woolsey, in 
 N.A.R., CXI, 257 et seq.; Adams, Charles Francis Adams; Lathrop, 
 W. H. Seward, 2<)2-2,?>'J ; Hosmer, Outcome of Civil War, Appeal to 
 
 Arms; Rhodes, History of the United States, 1850-1877, III, 502-543, 
 
 IV, 337-394. 
 
 c. On the French occupation of Mexico consult Latane, United 
 States and Spanish Ajnerica, Chap. V; F. Bancroft, in P.S.Q., XI 
 (1896), 30-43 ; Stevenson, With Maximilian in Mexico. 
 
 1. What conditions especially affected American diplomatic success 
 in 1783 ? Would it have been better had the American commission- 
 ers sacrificed some of their claims and made a commercial treaty ? 
 Give the history of our struggle for commercial rights and privileges 
 before 1800. 
 
 2. Why does the Monroe Doctrine represent a wise national 
 policy ? What are the dangers from a too extensive application of it ? 
 How does the new Monroe Doctrine differ from that advocated a half 
 century ago? What is its status at present? 
 
 3. What have been our greatest diplomatic mistakes? our great- 
 est successes ? What is the prospect that " to conduct foreign affairs 
 with skill we must sacrifice to some extent the democratic idea of gov- 
 ernment by the people and the federal idea of division of power" 
 (§254)? 
 
 The Government of Colonies (§§ 631-632) 
 
 a. On colonial government and problems compare Becker, C, in 
 P.S.Q., XVI (1900), 404-420 ; Burgess, J. W., in P.S.Q., XV (1900), 
 381-398 ; Bryce, J., in Harper's, XCVII (1898), 609 et seq.; Worces- 
 ter, D. C, in Century, LVI (1898), 873-879. 
 
 I. Is there any likelihood that any of our newer possessions may be 
 admitted to the Union as states? Give objections to keeping Hawaii 
 permanently in a colonial relation ; to making it a state. 
 
Foreign Affairs and Colonies 529 
 
 2. What grades of colonial government has Great Britain ? How 
 are her colonial officials trained ? Tell something about the organiza- 
 tion of the British colonial office. 
 
 3. Will we take more or less part in the affairs of the East than we 
 have ? Should it be our policy to acquire other possessions border- 
 ing on the Pacific ? What will be tlie probable effect of permanent 
 colonialism upon our national government ? upon the future of 
 democracy ? 
 
 i. Describe the present government of Hawaii ; of Porto Rico ; of 
 the Philippines. Give the suffrage requirements of each. Who is at 
 the head of each government ? What rights of local self-government 
 are accorded to each ? 
 
 2M 
 
CHAPTER XXIX 
 
 NATURAL RESOURCES 
 
 General References 
 
 National Conservation Commission, Bulletin 4. Summary of in- 
 vestigations. 
 
 Beard, American Government and Politics, 401-416. Summary of 
 activities of the national government. 
 
 CoxaSiti, Industrial History of the United States, 375-413. Summary 
 from economic point of view. 
 
 Chautauquan. June, 1909. Special Conservation number. 
 
 Lamed (ed.). History for Ready Reference, VII, 145-153. 
 
 Nearing and Watson, Economics, 60-106. Summary from economic 
 points of view. 
 
 Hart, Practical Essays on American Government, No. X. History 
 of the land laws. 
 
 SatOj'S., in J. H. U. S., IV, Nos. 7-9. Land policy of the United 
 States, 
 
 Donaldson, The Public Domain (1883). A government report on the 
 history and administration of the land laws. 
 
 Public Lands Commission, Report, 1905. Summary and criticism of 
 land laws. 
 
 Reinsch (ed.). Readings on American Federal Government, 538-609. 
 State papers and congressional debates, esp. on forestry. 
 
 Pinchot, The Eight for Conservation. Needs and aims of conserva- 
 tion movement. 
 
 Matthews, The Conservation of Water. 
 
 Van Hise, Conservation of Natural Resources. The only connected 
 and complete account of the subject written by one person. 
 
 Annals of American Academy,]a.r\vLa.xy, 1908, inland waterways ; May, 
 1909, water, forests, and land. 
 
 Inland Waterways Commission, Preliminary Report (1908). 
 
 Commissioner of Corporations, Report on Transportation by Water 
 (1909-10). 3 vols. 
 
 Conference of Governors, Proceedings (1908). Discussions of conserva- 
 tion. 
 
 530 
 
 '1>J 
 
sources as a 
 public asset. 
 
 Nat. Con- 
 servation 
 
 Natural Resources 531 
 
 National Conservation Commission, Report, 1909. 3 vols. A very full 
 account of resources, wastes, and preventive measures. Secre- 
 taries' reports and contributed papers. 
 
 633. General. — The spirit of opposition to government The re- 
 supervision or paternalism, which marked so strongly the 
 early history of our republic, unfortunately interfered with 
 the preservation, for the use and benefit of the whole people, 
 of the unparalleled natural resources possessed by the Com., Report 
 
 United States. With the finest river system in the world, (^909). 1,13- 
 
 •' 26, 84-93. 
 
 reaching every portion of the large, fertile Mississippi 
 
 Basin; with numerous rivers on every coast, navigable for a 
 distance inland ; with highly valuable water power at the 
 " fall hne " and at the mountain slopes ; with one-third of 
 the area of the continental United States covered with valu- 
 able timber ; with exceedingly rich mineral deposits, es- 
 pecially of those most valuable to life, industry, and commerce, 
 — coal and iron, — the United States seemed to possess 
 inexhaustible resources. Originally public property, owned 
 or controlled by the people through the governments of the 
 nation or the states, these public possessions have been 
 distributed with lavish hand, without thought of the heritage 
 that should have been kept for future generations, and 
 without fear, except that the government of a democracy 
 should develop a paternalism without rival, in its possibilities, 
 in the history of nations. 
 
 634. Beginning of the Conservation Movement. — During Awakening 
 closing years of the nineteenth century a few far-sighted men 
 
 to dangers. 
 
 were aroused by the danger that all of the pubHc property ^^an Hise, 
 
 11 1 . 1 . rr-ii 1 T Conservation 
 
 would come under private ownership. They began to realize of Natural 
 
 the great wastes that occurred from the unnecessary destruc- Resources, 
 
 tion, or from the non-use and from the misuse, of valuable and ^^^"^ "** 
 
 frequently non-renewable resources under public or private Howe, Przz/z- 
 
 ownership. They perceived the menace of great monopo- Democracy, 
 
 lies which controlled our most valuable resources.^ They 28-57. 
 
 1 Many resources have already been monopolized. It is estimated 
 that at least three-fourths of the valuable deposits of iron ore are controlled 
 by the United Stat&s Steel Corporation. Most of the copper ore belongs to 
 
532 
 
 The American Federal State 
 
 Cronan, Our 
 
 Wasteful 
 Nation, 107- 
 134- 
 
 Important 
 conservation 
 gatherings. 
 Van Hise, 
 Conservation, 
 2-14. 
 Chautau- 
 guan, 55 
 (1909), 25- 
 104. 
 
 State vs. na- 
 tional author- 
 ity. 
 
 Private and 
 public rights. 
 
 noted the losses incident to the waste and extravagance 
 which mark not only our public policy, but individual and 
 corporate methods, in agriculture, in mining, in transportation, 
 and in all other phases of American life. Gradually, under 
 the leadership of Gifford Pinchot and Theodore Roosevelt, 
 there was developed a national policy for the preservation 
 of many resources still owned by the nation. Under the 
 guidance of these men and others, interest was aroused in 
 public lands, in forestry, in the improvement of waterways, 
 and finally in the conservation by our governments, national 
 and state, of resources of every kind. 
 
 Interest was aroused first in forestry, then in waterways. 
 In 1908 the first Conference of Governors was held to con- 
 sider the preservation of all natural resources. The next year 
 a national conservation commission made a report that is the 
 authority on the subject of conservation. Forty-two state 
 commissions, some of which have been made permanent, 
 were created as a result of the conference of governors. 
 
 635. The Law and the Problem. — The problem of con- 
 servation, like many that have been considered in previous 
 chapters, is compUcated by the division of authority between 
 the state and national governments. There has been some 
 rivalry between nation and state to determine the exact 
 rights and limits of authority to be exercised by each. This 
 rivalry may succeed in arousing even greater interest in 
 conservation, through the desire of each governmental 
 agency to be foremost in the work. 
 
 The problem of conservation is also complicated by the 
 fact that most of the resources, having already been sur- 
 rendered by the governments, are controlled or owned by 
 private parties, whose rights are very carefully protected by 
 
 a few companies. The anthracite coal beds in the states are owned by a 
 few railway corporations. Attempts have been made to monopolize 
 valuable coal deposits on the public lands. Practically all of the best 
 dockage sites in our city harbors or river fronts are controlled by railways. 
 About one-third of the developed water powers belong to a few companies 
 which are supposed to be connected, and their agents have tried to secure 
 possession of many, even more valuable, on the public domain. 
 
Natural Resources 533 
 
 law. The Fourteenth Amendment to the national Constitu- 
 tion/ supplemented by numerous national and state laws, is 
 supposed to safeguard rights to private property which can 
 be taken for pubhc use only by the exercise of the right of 
 eminent domain. Recent decisions of the courts, however, A. A. A., 33 
 indicate a tendency to place public rights above any private (^9<=9).497- 
 right. The United States Supreme Court in recent cases - 
 holds that " the state as ^^/i^j^z-sovereign and representative 
 of the interests of the public, has a standing in court to 
 protect the atmosphere, the water, and the forests within its 
 territory irrespective of the assent or dissent of the private 
 owners immediately concerned." 
 
 The problem is aggravated further by the fear that the Business op- 
 conserving of resources may retard our economic develop- P°s^^^°^ ^° 
 
 J . ^ conservation, 
 
 ment, and by the desire of corporations or selfish individuals 
 
 to obtain advantages, as in the past, at small cost. Before 
 taking up the subject of conservation of the resources now 
 under public control, let us consider the policy of the 
 national government in the past. 
 
 and Depend- 
 encies, 2rj-^2. 
 
 636. Creation of the Public Domain. — When the states of the Area and 
 
 original Union, at the close of the Revolutionarv' War, ceded to Con- character of 
 , . . , . , -1 1 ■ 1 TT-' . /-^ N .1 public lands, 
 
 gress their interest and rights m lands m the West (^ lOO), there was 
 
 created a national public domain which grew to immense proportions Willoughby, 
 with later acquisitions of territory. As practically none of the lands "^^P^^^^^ 
 in the new territories, except in the case of Florida, Texas, Hawaii, 
 and the Spanish islands, was owned by private parties, this gave Con- 
 gress control of an area estimated at 2,825,000 square miles, a total Donaldson 
 
 area equal to that of the present states, excluding California. This 
 
 ^ r ' o _ main, 59- 
 
 land included almost all of the Mississippi Basin, with its rich agri- ^ ,^ 
 cultural lands and large coal fields ; the Cordilleran range and plateau, 
 with valuable deposits of minerals ; and desirable lands on the Pacific 
 slope, including more than three hundred million acres of mineral, 
 forest, and other lands in Alaska. 
 
 The original lands of the public domain had been ceded by the 
 
 1 The Dartmouth College Case (1819) has protected corporations that 
 hold charter rights from interference and sometimes from regulation by our 
 governments. 
 
 2 Hudson County Water Co. vs. Mc Carter. The same principle was 
 emphasized in Ga. vs. Tenn. Copper Co. 
 
534 
 
 The Americaii Federal State 
 
 Policy of the 
 
 eighteenth 
 
 century. 
 
 Donaldson, 
 Pub. Domain, 
 196-201. 
 
 Sales before 
 1840. 
 
 Callander 
 (ed.), Econ. 
 Hist, of the 
 U. S. (1765- 
 1860), 666- 
 686. 
 
 Sanford, 
 Railroad 
 Land Grants^ 
 7 IB. 
 
 Preemption 
 and home- 
 stead laws. 
 
 Coman, In- 
 dustrial 
 Hist., 294- 
 297. 303- 
 
 Sanford, 
 Railroad 
 Land Grants, 
 44-49, 56-60. 
 
 Donaldson, 
 Pub. Domain, 
 214-216, 332- 
 356. 
 
 General. 
 
 states to prevent friction between the states then in the Union and to 
 furnish Congress with means for revenue. Provisions were made in 
 1785, and completed in 1796, for surveys of the lands into townships 
 six miles square, each of which contained 36 sections of 640 acres 
 each. Before 1800 these lands were sold in large blocks, usually to 
 land companies. 
 
 637. Sale of Agricultural Lands in the Nineteenth Cen- 
 tury. — In 1800 the law was changed to permit the sale of 640 acres 
 to any person at a price of $2 an acre, payable in installments. Even 
 at this low figure the national government was obliged to meet the 
 competition of those states, especially Massachusetts, Connecticut, 
 Virginia, and North Carolina, which had unoccupied lands of their own 
 that were offered at less than ^i per acre. The amount sold by the 
 national government during this period (i 800-1 820) was smaller than 
 the present state of West Virginia, although the migration to the West 
 had been extensive after 1815 (§ 165). After 1820, the national gov- 
 ernment permitted the sale of blocks as small as 80 acres, at 
 a cash price of not less than j^i.25 an acre. Some preference 
 was given even before that time to actual settlers, but most of the 
 lands that were sold between 1830 and 1840 went to speculators who 
 bought recklessly during the land "boom" of 1835 ^^"^ 1836, an area 
 being sold the latter year twice as large as that which had been taken 
 during the first twenty years of the nineteenth century. 
 
 The speculation preceding the panic of 1837 having convinced the 
 law-makers that precedence must be given to settlers, in order to pro- 
 tect the government as well as to aid in the development of the West, 
 in 1 84 1 a general preemption act was passed which applied to all pub- 
 lic lands. This permitted settlers, citizens or prospective citizens who 
 were heads of families, to occupy 80 or 160 acres of public lands before 
 the lands were opened to entry, giving them full title if they proved a 
 residence of at least six months and paid ^1.25 to the government 
 when the lands were offered at regular sale. This preemption law was 
 repealed in 189 1. It had been on the statute books but a short time 
 when agitation began for a homestead law, which should grant lands 
 to actual settlers at even lower figures. The Free Soil party in 1852 
 advocated such a law, and in i860 a homestead bill providing for five 
 years' residence and a payment of 25 cents per acre was vetoed by 
 President Buchanan. In 1862, a law was passed which has remained 
 in force with some modifications to the present (§ 637). 
 
 638. Grants of Public Lands (Historical). — Not only has 
 the national government been exceedingly liberal to settlers and 
 others to whom lands have been sold or distributed, but it has made 
 large grants of land for school purposes or public improvements. 
 
Natural Resources 
 
 535 
 
 School lands. 
 
 Donaldson, 
 Pub. Domain, 
 223-231. 
 
 To each state admitted before 1848 one section in each township 
 was set aside for the public schools, to be sold, rented, or reserved, as 
 the state decided. To all states admitted since 1S48 at least two 
 sections in each township have been granted. Two or more townships 
 have also been given for state universities. For agricultural schools 
 there was set aside in 1862 for all states then in the United States, 
 30,000 acres for each representative of the state in Congress. Later 
 states have received similar amounts on admission to the Union. 
 Many of the states disposed of their school lands recklessly, expending 
 the money without great delay. Others have sold them more slowly. 
 A few created large funds the interest of which now reduces the taxes 
 necessary for the support of the schools. The impetus given to the 
 cause of education by those grants was noteworthy in most of the states. 
 
 When the national road was constructed from Cumberland in Mary- 
 land across the Ohio River more than a century ago, three per cent of 
 the proceeds from the sales of the public lands in Ohio, and later in 
 Indiana and Illinois, was set aside, ostensibly for the extension and 
 improvement of that famous highway. Many other states have re- 
 ceived lands for roads. Soon after the Erie Canal was opened by the 
 state of New York in 1825, lands were granted to Indiana, Ohio, and 
 Illinois as bounties for the construction of canals. Between 1850 and 
 1872, important grants were made to many of the western states for 
 railways within their borders. These usually included alternate sec- 
 tions for several miles on each side of the proposed roadbed. In the 
 case of the Union Pacitic (1862) and later transcontinental lines, 
 similar grants for ten miles or more on each side of the railway were 
 given to the railway corporations directly. These bounties proved a 
 great inducement to the construction of railways on the prairies and 
 across the mountains to the Pacific. The lands were sold at low 
 figures to settlers who helped to build up the railway's business, al- 
 though some of those that contained valuable mineral deposits were 
 secured by interested parties. Lands that were in strips on which no 
 roads were built reverted to the national government. As in the case 
 of most artificial stimuli, the immediate gains were more than counter- 
 balanced by the ultimate losses, especially where these bounty grants 
 enriched a few persons rather than aided the settlement of the terri- 
 tory traversed by the line. It is estimated, in the case of at least one 
 transcontinental railway, that the value of the land subsidy was much 
 greater than the total cost of the entire railway system. 
 
 639. Homestead Law. — The desire of the national gov- Original 
 
 Land for 
 public im- 
 provements. 
 
 Hart, Prac. 
 Essays on 
 Govt, 247- 
 249. 
 
 Donaldson, 
 Pub. Domain, 
 257-268. 
 
 Sanford, 
 Railroad 
 Land Grants. 
 
 ernment to develop and settle the West was carried into 
 effect not only through the sale of pubHc lands and the 
 
 Homestead 
 
 Act. 
 
536 
 
 The American Federal State 
 
 Van Hise, 
 
 Conservation, 
 
 282-287. 
 
 Operation of 
 Homestead 
 Act and 
 others. 
 
 Van Hise, 
 
 Conservation, 
 
 287-297. 
 
 Humphrey, 
 S. K., in At. 
 Mo., 102 
 (1908), 1-9. 
 
 Nelson, K., 
 in A. A. A., 
 
 33 (1909). 
 611-619. 
 
 grants to schools and railways, but by the Homestead Act, 
 originally passed in 1862. At present this law permits any 
 citizen or person who intends to become a citizen (being 
 the head of a family) to acquire for a nominal fee, as a 
 homestead, a quarter section, 160 acres of any unoccupied 
 government lands not classed as irrigated or mineral. The 
 homesteader must live on the land five years to perfect title, 
 unless he pays the minimum price of ^1.25 an acre, after a 
 nominal residence of fourteen months. Veterans are allowed 
 to deduct the time of military service after the required 
 residence of fourteen months. 
 
 This law has applied equally to river valleys, prairies, hills, 
 and mountains. Its real object of distributing small farms 
 to actual settlers is most worthy, but it has not always been 
 satisfactory in operation. On the western plains and foot- 
 hills, 160 acres frequently is too small an amount of land for 
 a farm, while an area of unlimited extent is of little value 
 without water. As no distinction was made between water 
 lands and others, a few homesteaders could monopolize all 
 of the rights to creeks, springs, or water holes. These fre- 
 quently passed into the hands of wealthy land owners who 
 purchased the lands from the settlers. Frequently on these 
 areas and on others, the so-called settler was only the 
 agent or " dummy" of a powerful corporation. Because of 
 improper classification of public lands, valuable timber or 
 mineral lands were acquired under the homestead act. In 
 operation only eight months of residence was necessary until 
 the government awakened, a few years ago, to the laxity in 
 the administration of the law. In fact, many claims were 
 proved by persons whose " residence " consisted of a few 
 days or nights on the homestead. In the opening up of new 
 tracts, although there are many more applicants than there 
 are lots, only the fortunate few who secure especially valu- 
 able quarter sections ever patent their claims. A very 
 great amount of fraud has existed in the issuance of land 
 patents to homesteaders and others who have had influence. 
 Although nearly 120,000,000 acres have been taken up 
 
Natural Resources 537 
 
 under the homestead law, a large part of this land passed 
 into the hands of land-speculators and corporations. 
 
 640. Western Land Laws. — By a law enacted in 1909, New Home- 
 homesteads of 320 acres are permitted on which the pat- stead Act. 
 entee shall cultivate the land extensively for five years. The 
 
 act applies to non-irrigable lands which have not been set 
 aside as either timber or mineral lands. 
 
 The Desert Land Act permits any person to acquire, at Desert Land 
 
 ^1.25 an acre, 320 acres of arid lands that are not easily ^'^'^' 
 
 irrigated, on condition that it shall be reclaimed in part. Nat. Conser- 
 
 It has opened the way to very large holdings, some of which ^^^^^^ 
 
 have become exceedingly valuable with the development of (1909), III, 
 
 water supplies. In operation it has exhibited most of the "^^"^zs- 
 defects with few of the advantages of the homestead laws. 
 
 As most of the present pubHc lands are mountainous or Carey Act 
 
 arid, the national government arranged in the Carey Act (^^94)- 
 
 (1894) for the transfer of arid lands to any state that would Nat. Conser- 
 
 provide for the irrigation of the land and dispose of it to ^j!,°^^ °"^" 
 
 actual settlers. More than one-half of the states in the (1909), ll, 
 
 West took advantage of the law. Originally a maximum 78-79. in, 
 
 394- 
 amount of 1,000,000 acres was transferable to any one state, 
 
 but Idaho and Wyoming showed such interest that their 
 
 maximum was raised to 2,000,000 acres. 
 
 641. National Irrigation Act of 1902. — The culmination Provisions of 
 
 of the liberal land legislation of the United States was the ^ ^^" 
 
 enactment (1902), and the application by the national gov- Newell, F. 
 
 ernment directly, of a law for the irrigation of lands that i^'^j^^ 3^ 
 
 cannot be used for agriculture under natural conditions. (1906), 933- 
 
 The government has planned and is now constructing great '^^^' 
 
 reservoirs in which the sprinar floods are saved to be used Davis, A. P., 
 
 1 1 r 11 1 J ... \x\. A. A. A., 
 
 for irrigation, during the summer and fall, on lands which ^j (1908), 
 
 would otherwise be unproductive. This policy applies to 203-218. 
 
 the states or territories in the western part of the country. 
 
 The scheme is largely self-supporting. A fund is created 
 
 by the sale of public lands in these states. This money is 
 
 used to construct dams, the lands irrigated from these 
 
 reservoirs are sold in small blocks to actual settlers, and the 
 
538 The American Federal State 
 
 money is placed in the fund for further expansion of the 
 work. In 19 lo Congress authorized ;^ 2 0,000,000 worth of 
 bonds to complete work already begun, as the reclamation 
 fund was very low. The reclamation service of the Interior 
 Department has achieved remarkable results in examining 
 districts that might be made arable, in planning the con- 
 struction of dams amid great engineering difficulties, per- 
 haps hundreds of miles from the territory provided with 
 water, and in carrying this policy into effect. 
 Reclamation Work has actually been begun on thirty of these projects 
 
 work 
 
 planned. (iQ^o); ^^^ the total cost of work that has been started is 
 „ ^ more than one hundred millions. It is expected, however, 
 
 Newell, F. . . 
 
 H., in Pacific that the increase in value of the lands brought under irriga- 
 Mo., 18 tion will exceed the entire cost of construction by at least 50%. 
 
 ^83. ' The annual value of the crops of these lands undoubtedly 
 
 will amount to one-half the original cost of construction. 
 Advantages 642. Significance of Agricultural Land Policy. — Nothing 
 cultural land ^^^ affected more vitally the political development of the 
 policy in the United States, as well as the economic progress and the 
 past. social Hfe of the people, than the disposal of our agricultural 
 
 Bullock lands. During the closing years of the Revolution the pub- 
 
 tn^nPutfic ^^^ ^^^^^ ^^ ^^^ ^^^^ produced the chief bond of union 
 Finance, among the states (§ 100). In the West the possibility of 
 64-72. acquiring title to public lands was a very important factor 
 
 in the rapid development of the section east of the Mississippi 
 between 1815 and i860, and west of the Mississippi after 
 the War for the Union. Our public land policy helped to 
 keep us a nation of small farmers. It aided in the develop- 
 ment of a real democracy, not simply political (§§ 170, 188), 
 but economic and social. It helped us to absorb as true 
 American citizens multitudes of foreigners who have come 
 to us. 
 Disadvan- It was used for the purpose of rapid settlement and 
 
 tages in gen- immediate economic development, however, rather than for 
 
 6r3.1 
 
 the public welfare of the future United States as well as 
 the America of that day. Defective land laws, the lax ad- 
 ministration of the better laws, and the extravagant land 
 
Natural Resources 539 
 
 grants to railways in many cases permitted the accumula- Humphrey, 
 tion of huge estates or fortunes. Just as the estabHshment ^- ^•' ^" ^^• 
 
 Mo., 102 
 
 of small farms, three-quarters of a century ago, created a (1908), 1-9. 
 West in which pohtical equahty was the rule and great dis- j^^^^ p^-^. 
 tinctions the exception, in later years the land poHcy lege and 
 developed a class which, through the misappHcation or ^^^^^^«^^' 
 maladministration of these land laws, grew rich and power- 
 ful at public expense. In parting with its greatest natural 
 asset, its rich agricultural lands, the United States has made 
 a great blunder, so far as the lands did not become the perma- 
 nent homes of a numerous and thrifty class of small farmers. 
 
 643. Government Forest Lands and Reserves. — Since stone and 
 1878 it has been possible for any citizen of the United Timber Act. 
 States to secure title to 160 acres of lands that were neither Nat. Conser- 
 agricultural nor mineral. This act has been used exten- ^^]°"^ 
 sively not only by small owners but by most of the large tim- (1909), iii, 
 ber companies, which have secured valuable concessions 387-392. 
 through purchase from speculative purchasers or " dum- 
 mies." In view of the fact that, according to the best esti- 
 mates, at our present rate of consumption our timbers will 
 be exhausted in less than a half century,^ it has been most 
 unwise to alienate those lands, valuable not only for the 
 timber but for the conservation of the water supply. 
 
 The need of protecting our timber lands led in 1891 to National 
 the enactment of a national law permitting the reservation ^'^l^l^^' 
 of forests. Great areas have been added to this domain, 
 especially under President Roosevelt, the total in 1909 \^a.A.a., 
 amounting to nearly 170,000,000 acres, aside frpm reserves 31 (1908), 
 in Alaska. These reserves contain about one-fourth of the ^19-227. 
 entire forest acreage of the continental United States. 
 Congressional appropriations were authorized (191 1) for the 
 beginnings of Appalachian forest reserves from lands chiefly 
 under private ownership in the mountain regions of Eastern 
 states. The interest in such valuable reserves was one of the 
 
 1 Some kinds of woods, e.g. those used in the manufacture of wood- 
 pulp, will probably be exhausted within a few years. 
 
540 
 
 The American Federal State 
 
 State re- 
 serves. 
 
 Nat. Conser- 
 vation Com., 
 Report 
 (1909), II, 
 191. 
 
 Slow devel- 
 opment of 
 govern- 
 mental pro- 
 tection. 
 
 Nat. Conser- 
 vation Com., 
 Report, II, 
 371-389- 
 
 A. A. A., 33 
 (1909), 485- 
 517. 
 
 chief causes leading to the first conference of governors in 
 Washington (1908) (§ 438). 
 
 The states have exhibited less interest in the subject of 
 forest reservation ; in the East, chiefly because the forests 
 have long been privately owned ; and in the West, because 
 the national reserves are very extensive, including many 
 lands destitute of timber. New York, with a forest "pre- 
 serve " of more than 1,500,000 acres, and Pennsylvania, with 
 reserves more than half as large, have set aside the largest 
 areas, principally in the mountain districts. Louisiana, Maine, 
 Wisconsin, Minnesota, and California have also devoted con- 
 siderable attention to the subject of forest conservation. 
 
 The states as well as the nation have also created numerous 
 parks, such as Yellowstone, Glacier, Yosemite, and Niagara. 
 
 644. Forest Policies of our Governments. — Although 
 every effort has been made by our Chief Foresters and 
 others to develop a forestry poKcy that should befit our 
 advanced position as a progressive nation, the apparent 
 abundance of our timber lands has caused the people to 
 view with complacence the needs of conservation and the 
 dangers of present wastefulness and negligence. In those 
 countries where scientific forestry is most in use, their supply 
 of timber, on forest lands much less extensive than ours, 
 grows more valuable year by year. The forests owned by 
 private parties in the United States — constituting about 
 three-fourths of the forest lands and about four-fifths of our 
 timber supply — are cut without view to utihzing all of the 
 timber, without desire to save the young trees, and without 
 attempt at reforestation. The extension of governmental 
 authority over private owners for the public good must 
 come with the continued losses and dangers due to de- 
 forestation. 
 
 On our national and state forest reserves ^ the attempt is 
 
 1 As a great deal of land reserved by the United States is timberless, it is 
 leased to cattle or sheep men. Many westerners complain because the 
 reservation of these lands prevents their proper development. (See Knapp, 
 in A". A. R., 191 (1910), 465-481.) 
 
Natural Resources 541 
 
 made to protect the trees from lumber thieves by efficient Objects of 
 patrol. The dangers of forest fires are minimized by the g°^^^' 
 
 ■' mental pro- 
 
 construction of fire breaks on the ridges of the hills, by tection. 
 stringent regulations for campers, and by constant surveil- y^j^ j^-^^ 
 lance. Some timber is cut, less for profit than to permit Conserva- 
 better growth of the remainder. From the nine national ^^^"' ^35-252. 
 nurseries trees suitable to the soil and climate are trans- ^'^^- Conser- 
 planted to denuded or barren slopes. Especially near the ^gp^^ °°^" 
 head-waters of streams is particular attention paid to the (1909), iii, 
 preservation of forests and plant-hfe, which will conserve 725-747- 
 the waters, forming "sponge-like" reserv^oirs that prevent the 
 violent spring floods by holding the moisture in the earth. 
 This not only tends to maintain a fairly uniform stream-flow 
 throughout the year, but it saves the erosion of soil, which 
 is of great value to forestry on the slopes, but is a hindrance 
 to agriculture if it is deposited at the foot of the hills, and 
 a menace to navigation if it is allowed to form bars in the 
 rivers. 
 
 645. Water Conservation. — The double aim of forest res- Prevention of 
 ervation is the protection of timber on the public lands and ^^^'^^ ^^ ^^' 
 
 •^ ^ forestation. 
 
 the enclosure of the catchment basins or watersheds of 
 
 mountain streams. With the forestation of barren areas a jj^^ ^'^' 
 
 much larger amount of the spring flood waters will be kept 31 (1908), 
 
 for the summer months, to be used profitably for water ^^^-227. 
 
 power, for irrigation, and for navigation. This will prevent ^^^_- Conser- 
 
 part of the heavy losses caused by the inundations of storm j^gport 
 
 waters, estimated at more than $200,000,000 a year. (1909). H. 
 
 A very great loss of valuable waters could be prevented ^^^"^^5. 
 by the construction of dams for storage-reservoirs, if they 
 
 are properly located. Most of these reservoirs must be of reservoir 
 
 placed on lands now owned by private parties, as the rain- construction, 
 
 fall is limited in the areas under governmental reservation, Nat. Conser- 
 
 except in the northeastern state reserves and on the north nation Com., 
 
 Pacific slope. However, the magnitude of the work, the (1909), 11, 
 
 extensive condemnation proceedings that are required, the loS-m, 
 
 variety of interests that would be benefited, the cost of ^3-o94- 
 proper conservation, and the postponement, if not the im- 
 
542 
 
 The American Federal State 
 
 Municipal 
 water sup- 
 plies. 
 
 Nat. Conser- 
 vation Com., 
 Report, II, 
 178. 
 
 Lippincott, 
 J. B., in R. 
 of R., 42 
 (1910), 65- 
 73- 
 
 Importance. 
 Power now 
 
 wasted which 
 can be made 
 available. 
 
 Nat. Conser- 
 vation Com., 
 Report 
 (1909), II, 
 141-170. 
 
 Van Hise, 
 Conserva- 
 tion, 118-141. 
 
 Leighton, M. 
 O., in A. A. 
 ^-33 (1909). 
 535-565. 
 
 possibility in many cases, of securing pecuniary returns 
 make private enterprise practically impossible. It is es- 
 sentially a work to be undertaken by the national or state 
 governments.^ 
 
 Many important government enterprises for water storage 
 have been undertaken by cities which have acquired large 
 drainage areas and constructed costly tunnels and aqueducts 
 for the transportation of this water to the 10,000,000 or 
 more people who are supplied from these sources. The 
 most important of these are the systems supplying New York 
 City. In the case of at least one city, Los Angeles, this 
 water will be used not only as a water supply but to furnish 
 power which, by conversion into electricity, will add greatly 
 to the city's income. 
 
 646. Water Power. — The waters from the Chicago drain- 
 age canal and from the government irrigation or storage 
 dams are used likewise for power when they are located near 
 enough for the transmission of the electricity to some city 
 or manufacturing establishment. On account of the limited 
 supply of timber, coal, and other fuels, the necessity of utiliz- 
 ing all possible water power is becoming more imperative 
 year by year. On the amount of water power now wasted, 
 the National Conservation Commission reported (1909) as 
 follows: "The water power now in use is 5,250,000 horse 
 power ; the amount running over government dams and not 
 used is about 1,400,000 horse power; the amount reason- 
 ably available equals or exceeds the entire mechanical 
 
 iThe legal questions involved in water questions are numerous and 
 complicated. When the streams are navigable, Congress has control of 
 navigation. If they are non-navigable and entirely within one state, that 
 state makes laws relating to the streams. In either case the owners of the 
 lands on either bank at waterfalls or rapids usually have first claim on the 
 water powers that may be developed. The rights of these riparian owners 
 will undoubtedly be a great hindrance in utilizing the waters of the streams 
 in the older states. In the newer states and on the public domain the rights 
 of the public are usually protected better by constitutional provisions or by 
 withdrawal of water power sites, (On legal questions, consult Van Hise, 
 Conservation, 144-161 ; Wright, C. E., in A. A. A., 33 (1909), 566-582.) 
 
Natural Resources 543 
 
 power now in use [probably 31,000,000 horse power] or Conference 
 enough to operate every mill, drive every spindle, propel ofGovernors, 
 every train and boat, and light every town, city, or village in (1908), 292- 
 the country." It is estimated that, by development, our 3o8. 
 waterfalls will furnish four or five times as much power as the 
 total power of all kinds that is used to-day in the United 
 States, although it must be admitted that the larger part of 
 the power needed in industry and transportation must always 
 come from other sources. 
 
 Water power differs from other public utilities like oils, Conservation 
 coal, and other mineral fuels in being renewable. The pos- ^^ °^^ ^°^" 
 
 ° ^ emments. 
 
 sibility of its development, the increasing value of water 
 
 powers as other fuel resources are destroyed, and the danger conserva^ 
 
 that our water power sites may be seized and monopolized tion, 144- 
 
 by powerful corporations have aroused public interest during ^ ^' 
 
 recent years. Some of the states, especially New York and Roosevelt, 
 
 Wisconsin, are seeking to develop their water power re- Messages, 
 
 sources, securing an income from the lease of water rights to April 13, 
 
 private parties. In many cases water rights must be re- J^° ' -'^"* ^^' 
 acquired, at great expense or after protracted legal contests, 
 
 from private parties, whose ownership of land adjacent to c, g^ jn r, 
 
 the power site gives extensive privileges. This price must ofR-> 39 
 
 be paid because these privileges were given away before the ^^ "^ 
 need of conservation was realized. The national govern- ^ ^ ^ 
 
 A A /4 Q*3 
 
 ment has sought to forestall the losses due to further gifts of (1909), 566- 
 water concessions and the dangers of monopoHzation by S96. 
 withdrawing water power sites from further entry. During 
 the last year of President Roosevelt's term and the first year 
 of President Taft's, the withdrawals covered sites on 126 
 streams, including a million and a half acres. The attempt 
 is being made to retain these rights, leasing the use of the 
 waters for short terms to private parties who, within a reason- 
 able time, will develop power to be sold under federal 
 supervision. 
 
 647. Inland Waterways. — The development of water- Theprob- 
 ways is closely related to the subjects of forestation and ^^™* 
 water conservation that we have just considered. If under- 
 
544 
 
 The American Federal State 
 
 Roosevelt, 
 T., in A. A. 
 A., 31 
 (1908), l-li. 
 
 Canal con- 
 struction. 
 
 Coman, In- 
 dus. Hist, of 
 U. S., 216- 
 222. 
 
 Johnson, 
 
 Transporta- 
 tion, 332- 
 344. 
 
 Wilner, M. 
 M., in R. of 
 ^.,28 (1903), 
 59-67. 
 
 River " im- 
 provements " 
 in the past. 
 
 Johnson, E. 
 R., in A. A. 
 A., 2 (1892), 
 782-812. 
 
 Fuller, H.B., 
 in World's 
 Work, 20 
 (1910). 
 13259-13273- 
 
 taken at all, it must be through the agency of our govern- 
 ments, and it must be developed in connection with for- 
 estry, storage reservoirs, irrigation, and soil conservation. 
 As Gifford Pinchot says : " Every river is a unit from its 
 source to its mouth. If it is to be given its highest useful- 
 ness to all the people and serve them for all the uses they 
 can make of it, it must be developed with that idea clearly 
 in mind. To develop a river for navigation alone, or power 
 alone, or irrigation alone, is often like using a sheep for 
 mutton, or a steer for beef, and throwing away the leather 
 and the wool." 
 
 In the past all government expenditures for waterways 
 have been for one of two purposes, the improvement of 
 navigation or the extension of political influence. When 
 the West was first becoming commercially important to the 
 Atlantic coast, numerous canals were constructed at state 
 expense to connect the Mississippi River system with either 
 the Great Lakes or the ocean, or to connect the Great 
 Lakes with the Atlantic. Some of these, especially the Erie 
 Canal, were successful financially and exerted a very great 
 influence, commercial and social. Most of them would have 
 justified the expense in time but for the advent of the steam 
 railway. Later appropriations for canals in the United 
 States have been Hmited, those for the Sault Ste. Marie ship 
 canal connecting Lake Superior with Lake Huron and for 
 the Chicago drainage and power canal being among the 
 most important and valuable. 
 
 648. Development of Waterways. — A sum greater than 
 that used for canals has been expended for river "improve- 
 ments," amounting in the aggregate to nearly three hundred 
 million dollars. Some of this was expended for necessary 
 work ; for removing obstructions, for the construction of 
 levees to prevent the flooding of "bottom lands," for the 
 dredging of sand-filled channels at the mouths of rivers. 
 Most of it has been wasted, foolishly, if not criminally. Ap- 
 propriations for river " improvement " which are granted to 
 congressmen of influence are said familiarly to be made 
 
Natural Resources 545 
 
 from the "pork barrel." On many rivers sums have been Com. on 
 expended greater than the value of commerce on those 9°^°^^" 
 
 ^ ° tions, Report 
 
 Streams for a whole decade. Our policy has been less on Transpor- 
 scientific than that of central Europe, where the expenditure ^«^^^« ^y 
 
 Water I 
 
 of about a billion dollars has been made for canals and 36_6o.' 
 
 other forms of waterway development on an area about ^, ^, 
 
 ■' ^ MacPherson, 
 
 equal to that of the United States east of the Mississippi Transporta- 
 River. This has resulted in low rates and a fivefold increase ^^°"- ^^ 
 
 Europe, 176— 
 
 of water traffic in thirty years, although the waterways can- 207. 
 not compete with the railways for the rapid transportation 
 of high class freights. 
 
 Plans have been suggested for the construction of canals Proposed 
 
 which shall parallel the Atlantic and Gulf coasts, to be used waterways. 
 
 by non-sea-going craft, or in time of storm or war. River Van Hise, 
 
 ^.,. ., ,, -, ,^. Conservation, 
 
 improvement is being considered by some of the states in 1-2-179 
 connection with storage systems. By far the greatest, most 
 
 necessary, and most important of the proposed deep-waterway (1908), 36- 
 
 improvements are those of the Erie Canal and of the Missis- 6^- 
 
 sippi River. A ship canal from Lake Erie to the Hudson Conference 
 
 River would be of great value to commerce from the Great of Governors, 
 
 ° _ _ Proceedings 
 
 Lake region to the Atlantic coast. The Mississippi River, (1908), 272- 
 after great expenditures, now offers a dangerous channel to '^^'^^ 
 comparatively small craft. It carries from the farms and 
 hillsides soil which is worth about a half biUion dollars a year. 
 A plan for proper improvement would include storage reser- 
 voirs in the western Appalachians, at the headwaters of the 
 Mississippi, and in the eastern Rocky Mountains. It should 
 provide for canalization, with a depth of at least ten feet for 
 the Ohio, and for the Mississippi with the Ilhnois to Lake 
 Michigan, constituting the so-called '* Lake to Gulf deep- 
 waterway." Although these proposed changes have not met 
 with the full approval of government engineers, it is generally 
 believed that they would relieve railway fi:eight congestion 
 and reduce rates that are now exorbitant. 
 
 648. Fuel Minerals. — Although the development of our Waste of 
 water powers will reduce the demand for mineral fuels, every 
 possible protective measure should be used to conserve the 
 
 2N 
 
546 
 
 The Aynericmi Federal State 
 
 Van Hise, 
 Conserva- 
 tion, 23-35, 
 48-61. 
 
 Conference 
 of Govern- 
 ors, Pro- 
 ceedings 
 (1908), 
 26-39. 
 
 Mineral de- 
 posits on 
 public lands. 
 
 Nat, Conser- 
 vation 
 
 Com., Report 
 (1909), III, 
 417-421. 
 
 Mitchell, G. 
 E., in R. of 
 R., 41 (1910), 
 193-204. 
 
 Revision of 
 the coal land 
 laws. 
 
 Van Hise, 
 Conserva- 
 tion, 35-46. 
 
 Ashley, G. 
 H., in U. S. 
 Geol. Survey, 
 Bulletin 424. 
 
 supply of our coal, petroleum, and natural gas — fuels that 
 can never be renewed. As Theodore Roosevelt has pointed 
 out, these precious fuels and lubricants must be treated as 
 public utilities, supervised for the public good, not exploited 
 for private gain.^ 
 
 Comparatively little of the apparent supply of natural gas 
 is to be found on the present public lands. There is a 
 larger amount of oil lands for which no special laws have 
 ever been enacted. On the other hand, nearly one-half of 
 the coal fields are located in public lands, a supply that at 
 a lease of three cents a ton — a low royalty — should bring 
 the United States a total revenue of more than twenty bill- 
 ion dollars, an amount equal to one-fifth of the estimated 
 wealth of this country at the present time. Although com- 
 paratively small quantities of coal land were sold under the 
 coal land laws, it is estimated that more than 40,000,000 
 acres have been secured by private parties, through the rail- 
 way land grants, as agricultural or desert lands, in ignorance 
 of its mineral deposits or by fraudulent misrepresentation of 
 its real character. 
 
 There were no laws providing for the sale of coal lands 
 until the close of the War for the Union. The law of 1864, 
 modified in 1873, provided that 160 acres might be sold 
 to one citizen or 640 acres to an association of four citizens, 
 if properly developed, at not less than ^20 per acre, if near 
 a railway, or not less than ^10 if more than fifteen miles 
 from a railway. The law provides penalties of forfeiture 
 and punishment, for the combination of more than four of 
 these quarter sections into a single holding. On discovery 
 of fraud in obtaining coal lands President Roosevelt with- 
 drew most of the lands on the public domain, pending a 
 
 1 It is possible that in the future our governments may fix the maximum 
 price at which anthracite coal may be sold, since it is used chiefly for 
 household heating and cooking and is controlled by a few large railway cor- 
 porations. On the Pennsylvania anthracite coal supply before the Interstate 
 Commerce Law of 1906 was passed (§ 613), see Industrial Commission, 
 Final Report, XIX, page 444. There is a fairly large supply of anthracite 
 coal also in Alaska. 
 
Natural Resources 547 
 
 careful examination of their quality and value. These have 
 been offered for sale at prices dependent on quality of coal, 
 thickness of the beds, ease of mining, and distance from 
 transportation. A maximum price is usually set at ^300, 
 although recent Secretaries of the Interior favor the leasing 
 of coal lands on a basis of tonnage in much larger tracts 
 than 160 acres, as it is not profitable to mine coal on such a 
 small scale.^ In leasing the coal beds, there is no interfer- 
 ence with the use of the surface, as the surface land is sold 
 separately for agriculture, grazing, or lumbering. The claim 
 that exceedingly valuable Alaskan lands were being patented 
 fraudulently led in 1909 to a congressional investigation of 
 the official conduct of the Secretary of the Interior, and 
 aroused great interest in the conservation of the exceedingly 
 valuable coal deposits of the public domain. This interest 
 was probably an important reason for the withdrawal of large 
 tracts of coal, petroleum, and phosphate lands, and water- 
 jpower sites, amounting at the close of the year 19 10 to 
 nearly one hundred million acres, chiefly of coal lands, 
 although none in Alaska had been included. 
 
 650. Other Mineral Resources. — Mineral resources much Metallic 
 
 less valuable than the coal deposits exist on lands once pub- J^^^f ^^^ 
 
 ^ ^ lands. 
 
 lie property, although apparently there is little iron, copper, 
 gold, silver, or other metal deposits left on the public domain, conservation 
 A century and a quarter ago, when the first land laws were 96-101. 
 passed, " one-third part of all gold, silver, lead, and copper Nat. Conser- 
 mines " were to be reserved for the central government, vation Com., 
 This policy was abandoned without having been used, when (iqoq). m, 
 lands with lead deposits were sold as other pubHc lands. 413-416. 
 The first regular metallic mineral land law was passed in 
 1866, after great quantities of gold had been found in Cali- 
 fornia on public land. The law provides now that any citi- 
 zen or prospective citizen may locate a claim not exceeding 
 three hundred feet on either side of a vein or lode, extend- 
 
 1 Leasing of coal lands has been tried successfully by Wyoming and 
 Colorado. 
 
548 
 
 The American Federal State 
 
 Phosphate 
 
 lands. 
 
 Van Hise, 
 
 C. R.,in 
 
 A. A. A., 33 
 
 (1909) , 699- 
 
 710. 
 
 Soil conser- 
 vation. 
 
 J. J. Hill, in 
 Conference 
 of Governors, 
 Proceedings 
 (1908), 63- 
 
 75- 
 
 Hopkins, C. 
 G., in A. A. 
 
 -4., 33 (1909). 
 631-646. 
 
 Poe, C. H., 
 in World's 
 Work, 9 
 (1905). 
 5955-5964. 
 
 Fish sup- 
 plies. 
 
 Boche, R., in 
 Outing, 47 
 (1905), 182- 
 191. 
 
 ing not more than fifteen hundred feet along the vein and to 
 any depth, payment of ;^5 an acre to be made for the land. 
 Aside from the conservation of mineral deposits on public 
 lands, the present government problems are the prevention 
 of waste in mining, the protection of the public from the 
 great corporations that have gained control of most of the 
 iron and copper deposits, and the protection of the lives and 
 health of miners. 
 
 On the public domain there are several million acres of 
 land exceedingly rich in deposits of phosphate rock, a min- 
 eral that makes the best possible fertilizer for renewing or 
 increasing the fertility of agricultural lands. Most of this 
 land has been reserved by Presidents Roosevelt and Taft. 
 
 651. Conservation of Other Resources. — By conservation 
 of these phosphate beds, by the prevention of erosion 
 through forestation and the prevention of floods, by making 
 arid or alkali lands suitable for cultivation, by reclaiming ex- 
 ceedingly fertile swamp lands by drainage,^ the governments 
 have begun a work in the saving of our most valuable natural 
 asset, the soil. By giving instruction in the qualities and 
 uses of soils, in dry farming to preserve subsoil moisture, in 
 better selection of seeds, in the importance of rotation of 
 crops and better methods of cultivation, our national and 
 state departments of agriculture, aided by the state agri- 
 cultural colleges and experiment stations, are using their 
 present limited means to secure better results for the present 
 without robbing the future. 
 
 More use will be made in the years to come of the food 
 supplies furnished by our lakes, rivers, and seacoast waters. 
 The national bureau of Fisheries, supplemented by many 
 state bureaus, is doing a valuable work in stocking with fish 
 
 1 The swamp lands of the public domain were in 1850 transferred to the 
 states within which they occurred, with the expectation that they would be 
 reclaimed. Some swamp lands are still held by the national government 
 and by the states. It is believed that an area equal to that of the six New 
 England states can be drained and made very productive at a cost less than 
 one-half of the value added to the lands. (On swamp lands, see Nat. 
 Conservation Com., Report (1909), HI, 361-374.) 
 
Natural Resources 
 
 549 
 
 these bodies of water. Millions of fish are taken each year 
 from the fish hatcheries to the streams where these varieties 
 thrive most successfully. 
 
 One of our greatest wastes, avoided in most countries of 
 the Old World, comes from the unnecessary destruction of 
 property by fire.^ On account of our defective building laws 
 buildings valued at more than two hundred milHon dollars 
 are burned every year, although our city governments pay 
 very large sums for good fire-fighting apparatus and expend 
 large amounts yearly on their fire departments. Incidental 
 losses, such as these expenditures, unnecessarily high in- 
 surance premiums and others, amount to about the same as 
 the value of the property that is burned, while many lives are 
 sacrificed each year in fires. 
 
 652. The Past and the Future. — The recently awakened 
 interest in the subject of natural resources should arouse the 
 American people to the importance and the need of discover- 
 ing those poHcies that will make the best use of all our 
 natural resources, for the present and for the future. We 
 must learn from our mistakes, realizing as Albert Bushnell 
 Hart wrote a score of years ago, words almost as true to-day 
 as then (Practical Essays on American Government, p. 
 251) : "The golden time is past; our agricultural land is 
 gone ; our timber lands are fast going ; our coal and mineral 
 lands will be snapped up as fast as they prove valuable. 
 There is no great national reserve left in the public lands 
 unless there should be a change in the policy. Should dis- 
 aster overtake us, we must depend, like other nations, on the 
 wealth of the people and not on that of the government." 
 
 We have seen in recent years the adoption of a much 
 saner administrative policy in regard to forests and in regard 
 to coal lands. The future must bring a much greater develop- 
 ment of governmental action for the conservation of our soil 
 
 Prevention 
 of waste by 
 fire. 
 
 Freitag, J. 
 K., in En- 
 gineering' 
 Mag., 31 
 (1906), 321- 
 328. 
 
 Nat. Conser- 
 vation Com., 
 Feport [igog), 
 III, 604-619. 
 
 Mistakes of 
 the past. 
 
 Present out- 
 look. 
 
 Van Hise, 
 
 Conservation, 
 
 381-401. 
 
 1 Some people estimate the losses due to destruction of property by 
 smoke from furnaces and factories as little less than the loss by fire. The 
 compulsory adoption of smoke-consuming devices in many cities is reduc- 
 ing the amount of this inexcusable waste. 
 
550 
 
 The American Federal State 
 
 Human life. 
 
 Van Hise, 
 
 Conservation, 
 
 364-372. 
 
 Nat. Conser- 
 vation Com., 
 Report 
 (1909), III. 
 671-752. 
 
 and water, as well as other resources. Especially should 
 those most necessary to life be treated as public utilities, to 
 be protected from monopoly control and used without waste 
 at reasonable prices for the good of the public. 
 
 Most important of all, if little, as yet, under the super- 
 vision of our governments, is the conservation of human 
 life. When we notice the appalling losses due to our haste 
 in the search for wealth, to our carelessness or indifference, 
 we must recognize the need of remedial legislation.-^ Few 
 nations have done as much as we to discourage and prevent 
 the spread of contagious diseases, but we must expect in the 
 future a much greater amount of governmental supervision, 
 possibly of direct interference, for the conservation of life 
 and health. What shall it profit our nation, if it shall con- 
 serve its natural resources, and sacrifice the lives of its 
 people ? 
 
 QUESTIONS AND REFERENCES 
 Conservation (§§ 633-635) 
 
 1. If a different policy had been followed in regard to conserving 
 natural resources in the past, is it probable that, by developing " a 
 paternalism without rival, in its possibilities, in the history of nations," 
 we might have retarded or even prevented the development of democ- 
 racy in America? 
 
 2. Will not the attempt to conserve natural resources lead to greater 
 centralization of authority in our Federal State? 
 
 3. Is there not danger that any radical change of governmental 
 policies may retard our economic development? 
 
 4. State some of the legal and political problems of conserving 
 natural resources now privately owned. Show the significance of 
 President Hadley's statement that the Fourteenth Amendment guards 
 property rights in the United States more strongly than they are pro- 
 tected in any other country in the civilized world. 
 
 National Land Policy (§§ 636-641) 
 
 a. Land grants to transcontinental railways are treated in Sanborn, 
 Congressional Grants of Land in Aid of Railways, 62-92, 1 19-126; 
 
 iCf. §§623. 625. 
 
Natural Resources 551 
 
 Sato, S., in J. H. U. S., IV, viii-ix ; Donaldson, The Public Domain^ 
 766-768, 805-811, 818-S23, S61-895, 908-943; map opp. 948. 
 
 b. On reclamation work under the law of 1902 consult Report 
 of S?nithsoniati Institution, (1904) 827-841, (1905) 373-388, 
 (1906) 469-492; Wright, H., in World To-day, 10 (1906), 
 156-163; Page, A. W., in Worlds Work, 14 (1907), 9322-9330; 
 Lemenager, H. V., in R. of R., 37 (1908), 689-698; Blanchard, C. J., 
 in Nat. Geographic Magazine, Feb. 1906, Apr. 1907, Apr. 1908, 20 
 
 (1909), 403-437. 21 (1910), zzi-z^. 
 
 1. Give historical reasons, and criticisms from present point of \'iew, 
 for all changes in the agricultural land laws. Which seemed most 
 necessary at the time? Which appears wisest now? 
 
 2. What was the real value of the school lands granted? Why was 
 not the earlier policy of granting lands to corporations through the 
 states used for the transcontinental railways? In the case of these 
 grants, why were " the immediate gains more than counterbalanced by 
 the ultimate losses " ? 
 
 3. How might the advantages of the homestead laws have been 
 retained, without including the serious disadvantages? Could any law 
 be devised to keep the quarter sections as permanent homesteads? 
 Would such a law be desirable? 
 
 4. What are the objections to disposing of any or all agricultural 
 lands by lot? for nominal fees, if homesteads, or at cost, if irrigated 
 lands? Should all lands in any area opened to entry be disposed of at 
 the same price? 
 
 5. Has our system applied to agricultural lands been unwise? 
 
 i. Is this a " public land " state ? If so, locate the nearest base line 
 and principal meridian? What has been the policy of the state \Aith 
 reference to its school lands or other lands? 
 
 ii. Give statistics of government reclamation work; number of 
 reservoirs completed, location, area made arable, area actually settled. 
 
 Policy regarding Water and Timber (§§ 642-647) 
 
 a. Proposed improvement of waterways, Bureau of Corporations, 
 Report (1909); Inland Waterways Commission, Preliminary Report 
 (1908); Mathews, Remaking the Mississippi ; A. A, A., Jan. 1908. 
 
 1. What causes will tend to prevent the total destruction of our 
 timber supply? Show the value of our national forest reserves. 
 What is the importance of the Appalachian reserves? 
 
 2. Explain and criticise each of the following statements (Nat. 
 Conservation Com., Report, I, p. 48) : " It is roughly estimated that the 
 
552 The American Federal State 
 
 direct benefits [of and expenditure of ^500,000,000 for waterway 
 development, forestation, and water storage] would comprise an 
 annual saving in transportation of j$5250,ooo,ooo; an annual saving in 
 flood damage of ;^i 50,000,000; an average annual saving in forest fires 
 of at least ^25,000,000; an annual benefit through cheapened power 
 of fully ^75,000,000; and an annual saving in soil erosion (or cor- 
 responding benefit through increased farm production) of ^500,000,000 
 — a total of ^1,000,000,000, or ^12.50 per capita, annually, i.e. twenty 
 times the cost," which should be expended in the annual payments. 
 
 3. Show the importance of water power in the saving of fuels. 
 Why should water, coal, petroleum, and natural gas be considered 
 public utilities? 
 
 4. What is the extent of monopoly in fuel resources? of metallic 
 ore deposits? What are the objection and the danger in each case? 
 
 5. State importance of a system of seacoast canals; of deep inland 
 waterways. 
 
 i. Give the location and area of forest reserves in this state. Sum- 
 marize the state forest laws and policy. 
 
 ii. What water power may be utilized now in different sections of 
 the country? Where may greater power be developed? (Nat. Con- 
 servation Com., Report (1909), II, 141-170.) 
 
 Other Resources (§§ 647-650) 
 
 1. Compare the policy of leasing coal lands with that of sale. Is 
 there any objection to separating the surface lands from the deposits of 
 coal? Why should the government permit the legal aggregation of 
 areas greater than 640 acres ? 
 
 2. Compare the probable value of all coal deposits : with the supply 
 of other mineral fuels; with the deposits of precious metals; with 
 those of all other metals. 
 
 3. Should not phosphate rock be treated as a public utility? Why 
 do soil conservation and agricultural development constitute a proper 
 phase of governmental activity? 
 
 4. Classify all natural resources (i) as renewable or non-renewable; 
 (2) as limited in amount or existing in great quantity; (3) as publicly 
 or privately owned; (4) as easily inonopolized or naturally under 
 separate ownership; (5) as properly used, misused, or neglected. 
 
 5. To what extent should ideas regarding individual liberty be 
 allowed to interfere with the conservation of natural resources? with 
 that of human resources? 
 
 i. Name the unnecessary and criminal wastes in the mining of 
 coal ; in the misuse of soils. 
 
CHAPTER XXX 
 
 THE DITTIES OF CITIZENSHIP 
 
 653. The Twin Virtues of Citizenship. — Through the Story from 
 writings of Plutarch there has come down to us the story of P^^*^^^'^^- 
 an old man who, desiring to witness the Olympian games, 
 
 was searching for a seat among the crowd of spectators which 
 
 amused itself by making fun of him. He came finally to a 
 
 body of Spartans, most of whom rose at once and requested 
 
 him to be seated. Thereupon the assembly applauded, and 
 
 the old man was led to exclaim, "Alas ! a// the Greeks know 
 
 what is right, but only the Lacedaemonians practise it." 
 
 The words that were spoken of the Lacedsemonians can Knowledge 
 
 fitly be applied to all who possess the twin virtues of citizen- ^^^ action 
 
 . tvvm civic 
 
 ship — knowledge and action — for the two are mseparable if virtues, 
 they are to become useful in the possession of any citizen. 
 It is not enough that we should be fully informed regarding 
 the structure and operation of our political system and be 
 able to talk learnedly of the great events in our constitu- 
 tional history ; we must be prepared to give our time and 
 our talents to whatever civic tasks our country may call us, 
 even when they involve a drudgery that may be distasteful. 
 
 654. The Knowledge that makes for Good Citizenship. — By An intelligent 
 
 knowledge is meant more than an abundance of information "^^^P^^ ^"' 
 ° _ sion of our 
 
 relating to isolated historical events or single departments of political 
 government ; it refers rather to an intelHgent comprehension system and 
 of the course of development during our previous history; conditions, 
 together with a reasonably full kncivledge of the real char- 
 acter of our federal union, of the organization and powers of 
 the national, state, and local governments ; supplemented by 
 a fairly definite appreciation of the conditions that exist 
 
 553 
 
tVfO. 
 
 554 The American Federal State 
 
 around us, of the problems that confront us, and of our own 
 duty and limitations under the circumstances — all of these 
 fitted into a unified and organized whole in which the rela- 
 tion of each part to every other is recognized and under- 
 stood. Such an ideal can of course be realized in the lives 
 ofveryfewmen who have had extended opportunities for 
 study and observation, but it should be the goal toward which 
 we are all striving. It is much deeper than any knowledge 
 that can be obtained from books, valuable as that may be in 
 presenting a few fundamental truths ; for, unless it gives a 
 real insight into the character of men and the motives which 
 prompt them, it will be knowledge without comprehension — 
 learning without wisdom, 
 insepara- 655. Knowledge and Action as Twin Virtues. — Knowl- 
 
 biiiity of the ^^^^ ^y itself is Static, to become a true virtue of citizenship 
 it must be joined to its twin, action, and be made dynamic. 
 Otherwise the scathing though veiled condemnation which 
 the old Greek applied to his fellow-countrymen may with 
 equal truth be used of us. Instead of an extensive knowl- 
 edge being a sufficient excuse for not participating in the 
 duties of citizenship on the ground that it is a substitute for 
 civic activity, it, on the contrary, creates an obligation 
 which we cannot escape. Like a mediaeval knight, the 
 modern American citizen must remain faithful to the motto, 
 " noblesse oblige,'' though now it is a nobility of manhood 
 and not one of birth which compels us to rise to the best 
 that is in us. We hear it said sometimes that the best citi- 
 zens take least part in politics, but the expression is a con- 
 tradiction of terms. The very idea of citizenship is one of 
 reciprocal obligation between the State and its members, and 
 no social position or business standing can entitle any man 
 to be called even a good citizen who neglects his civic duties. 
 But let us not err in the other direction, and imagine that 
 the best citizen is the one who is most prominent in the noise 
 and fiirore of political campaigns. He is not likely to come 
 nearest our ideal of citizenship whose sole claim to this dis- 
 tinction is his conspicuous efforts every four years to " save 
 
The Duties of Citizenship 555 
 
 the country." True action, as we may well learn from 
 Mother Nature, is more often than not silent in its workings. 
 Bluster and indolence alike have no place in it. It is earn- 
 est without being demonstrative, continuous and not spas- 
 modic. Each man who according to his opportunity, not 
 unmindful of the lesser and more common duties, works for 
 the good of his country in the way for which his tastes and 
 capacity fit him, has earned the title of a loyal citizen. 
 
 As knowledge without action is vanity, so is action with- Useiessness 
 out knowledge folly. The old though cruel proverb about ^^^^^qJ^^^ 
 good intentions expresses a truth that should not be over- knowledge, 
 looked even by those well-meaning persons who carry out 
 their intentions, but in ignorance. Enthusiasm is a powerful 
 social force when rightly used ; but, if coupled with bigotry, 
 or narrowness, or selfishness, may yet, as has so often been 
 the case, menace both liberty and order, and produce 
 results that are dangerous to the greatest good of the State 
 and society. 
 
 656. Analogies from Experience. — Our country is con- Value and 
 
 stantly called upon to solve problems that are in many re- ^^"^i^ations 
 
 "^ ^ -^ '' of historical 
 
 spects similar to those of the past, but which involve new analogy. 
 
 elements, and which arise under new conditions. If we 
 notice carefully the most successful solutions reached by our 
 ancestors, as in the framing of the national Constitution, we 
 can scarcely fail to be impressed with the ways in which they 
 utilized those pohtical experiences which had stood the test 
 of time, not copying slavishly after earlier statesmen, and yet 
 not breaking with the past except in adapting their work to 
 needs which formerly had no existence. Our own duty in 
 regard to questions of to-day requires that we be pre- 
 pared to do as they did ; to break fearlessly from tradition 
 when the occasion demands ; and yet continue unbrokenly 
 the development which has marked previous decades, coun- 
 teracting so far as we can its evil tendencies, and infusing 
 into its latent possibiUties for good a new life and spirit. 
 The principles of political growth are the same now as then, 
 and would be found but few in number could we but see 
 
556 
 
 The American Federal State 
 
 The average 
 citizen and 
 civic prob- 
 lems. 
 
 Political ills 
 are growing 
 less numer- 
 ous. 
 
 more clearly. For that reason the changes of the present 
 are very much like those of previous times, but only in a 
 general way, and never in particulars does history repeat it- 
 self. Historical analogy has therefore the highest value if 
 used with great care, though it never furnishes models for 
 indolent workmen. 
 
 To most of us the civic duties relating to policies and 
 problems of the future do not require that we propose solu- 
 tions, but merely that we approve or disapprove those which 
 abler minds consider suitable. It is not only at the polls 
 that the feelings of the nation may make themselves felt, but 
 in the potent though silent influence of public sentiment ; 
 for in the long run the policies of a government like ours are 
 moulded by the real desire or by the indifference of the 
 average citizen. 
 
 657. The Injustice of Pessimism. — We shall be unable to 
 make the most of the opportunities that come to us if we 
 assume the duties of citizenship in a spirit of pessimism. 
 From the standpoint of citizenship, pessimism is wrong not 
 only because it deadens activity, but because it is ground- 
 less. There are, to be sure, many virtues which were promi- 
 nent a century or two ago that are uncommon to-day. 
 Times have indeed changed, yet not for the worse. Those 
 halcyon days in the heroic period of American history which 
 drew to the front so many men of superior ability, do not on 
 close examination compare very favorably with those in our 
 own memory. Were the political and constitutional ques- 
 tions now relatively as important as those that commanded 
 the attention of Washington, Hamilton, Jefferson, and Mar- 
 shall, there is Httle doubt that men of genius would be 
 attracted to poUtics rather than to some more promising 
 line of employment. But even as it is we cannot find in the 
 last twenty years of the nineteenth century, scenes more dis- 
 graceful than history records in the last two decades of the 
 eighteenth. The former are flaunted in our faces, the latter 
 almost buried in obHvion ; yet even the deadening effect of 
 Time cannot erase them. What was the strife between Blaine 
 
 A\ 
 
The Duties of Citizenship 557 
 
 and Conkling to the Hamilton-Adams feud, from which the 
 FederaHst party never recovered ? Where can we find party 
 enmity so bitter as in the administration of Washington, the 
 most mahgned of Presidents ? Where shall be encountered 
 stronger prejudices, more local selfishness, than during the 
 Revolution and under the Confederation, or a more intense 
 spirit of hatred than that shown the Tories after inde- 
 pendence was established ? But why multiply illustrations ? 
 Enough has been said to show that even in the days of 
 simple life, when political ills should have been less numerous 
 and less noticeable, there were faults with the virtues. While 
 we have more than enough of our own, it can be said with- 
 out fear of contradiction that the general standards of public 
 life and moraHty are higher than they were then, and will be 
 higher in a hundred years than they are at present. The 
 civic conscience is far from being fiilly awakened, but is 
 more active than it was a few decades ago. The decalogue 
 and the golden rule have all too small a place in public life ; 
 but there is no less honesty and integrity among public 
 servants than in the days of our fathers ; while among the 
 common people there is more intelligence, less prejudice, 
 deeper sympathy for the oppressed, in short, a truer adhe- 
 rence to the principles of justice and righteousness proclaimed 
 by the great Teacher. As Professor Moses so forcefully 
 expresses it, " Humanity is marching steadily uphill." 
 
 658. Patriotism. — What is patriotism? What does it The nature 
 "include ? It may be defined as devotion to the best inter- of patriotism, 
 ests of one's country. It is a thing of peace as well as war. 
 Whatever the nation needs that we may do, patriotism 
 demands. Subordination of personal wishes to the general 
 welfare is necessarily one of its requirements, for the good of 
 all is before that of any indi\ddual. However, it should 
 never be conceived in a spirit of narrow national pride. We 
 may not proclaim with Fenelon that we are citizens of the 
 whole world, but we should remember that true patriotism 
 will not in its zeal overlook the rights of humanity beyond 
 our o\^Ti borders. Not a great while ago allegiance to a 
 
 2M 
 
558 The American Federal State 
 
 state was held to be above that to the nation by many of 
 those who helped to found this republic. History has since 
 decided that loyalty to a state must yield to national loyalty ; 
 and, although History is not likely to decide soon that loyalty 
 to a nation is below that to a great World State, nevertheless 
 there is danger that we may fail to do what is best for our 
 own beloved land, because in our enthusiasm we make the 
 mistake of thinking that our country, whether right or wrong, 
 must be unswervingly upheld, when no national honor but 
 the rights of others are involved. On the other hand, care 
 should be taken not to minimize the value of constant and 
 earnest allegiance to the United States and all that our 
 flag represents. The pathetic tale of Edward Everett Hale, 
 entitled " The Man without a Country," teaches a lesson that 
 should come home to all who lack not so much in patriotism 
 as in interest. With hearts full of gratitude, and pride in the 
 land that gave us birth, let us take to ourselves that noble 
 sentiment in which Abraham Lincoln summoned his fellow- 
 citizens to a higher plane of civic duty in the crisis of '65, 
 and "with malice toward none, with firmness in the right, 
 as God gives us to see the right, let us strive on to finish the 
 work we are in." 
 
APPENDICES 
 
 559 
 
r:l 
 
APPENDICES 
 
 APPENDIX A 
 
 THE ARTICLES OF CONFEDERATION 
 
 Articles of Confederation and Perpetual Union between the States 
 of New Hampshire, Massachusetts Bay, Rhode Island and 
 Providence Plantations, Connecticut, New York, New Jersey, 
 Pennsylvania, Delaware, Maryland, Virginia, North Carolina^ 
 South Carolina and Georgia. 
 
 Article I. — The style of this Confederacy shall be, "The 
 United States of America." 
 
 Article II. — Each State retains its sovereignty, freedom, and 
 independence, and every power, jurisdiction, and right which is 
 not by this Confederation expressly delegated to the United 
 States in Congress assembled. 
 
 Article III. — The said States hereby severally enter into a 
 firm league of friendship with each other, for their common 
 defense, the security of their liberties, and their mutual and 
 general welfare, binding themselves to assist each other against 
 aU force offered to or attacks made upon them, or any of them, 
 on account of religion, sovereignty, trade, or any other pretense 
 whatever. 
 
 Article IV. — ^ The better to secure and perpetuate mutual 
 friendship and intercourse among the people of the different 
 States in this Union, the free inhabitants of each of these States, 
 paupers, vagabonds, and fugitives from justice excepted, shall be 
 entitled to all the privileges and immunities of free citizens in 
 the several States ; and the people of each State shall have free 
 
 561 
 
562 The Amefican Federal State 
 
 ingress and regress to and from any other State, and shall enjoy 
 therein all the privileges of trade and commerce, subject to the 
 same duties, impositions and restrictions as the inhabitants 
 thereof respectively; provided that such restrictions shall not 
 extend so far as to prevent the removal of property imported 
 into any State to any other State of which the owner is an 
 inhabitant ; provided also, that no imposition, duties, or restric- 
 tion shall be laid by any State on the property of the United 
 States or either of them. ^ \{ any person guilty of, or charged 
 with, treason, felony, or other high misdemeanor in any State 
 shall flee from justice and be found in any of the United States, 
 he shall, upon demand of the governor or executive power of the 
 State from which he fled, be delivered up and removed to the 
 State having jurisdiction of his offense. ^ Full faith and credit 
 shall be given in each of these States to the records, acts, and 
 judicial proceedings of the courts and magistrates of every other 
 State. 
 
 Article V. — ^ For the more convenient management of the 
 general interests of the United States, delegates shall be annually 
 appointed in such manner as the Legislature of each State shall 
 direct, to meet in Congress on the first Monday in November, in 
 every year, with a power reserved to each State to recall its dele- 
 gates, or any of them, at any time within the year, and to send 
 others in their stead for the remainder of the year. No State 
 shall be represented in Congress by less than two, nor by more 
 than seven members ; and no person shall be capable of being a 
 delegate for more than three years in any term of six years ; ^ nor 
 shall any person, being a delegate, be capable of holding any 
 office under the United States for which he, or another for his 
 benefit, receives any salary, fees, or emoluments of any kind. 
 * Each State shall maintain its own delegates in any meeting of 
 the States and while they act as members of the Committee of 
 the States. In determining qii^estions in the United States, in 
 Congress assembled, each State shall have one vote. Freedom 
 of speech and debate in Congress shall not be impeached or 
 questioned in any court or place out of Congress ; and the mem- 
 bers of Congress shall be protected in their persons from arrests 
 and imprisonment during the time of their going to and from, 
 and attendance on, Congress, except for treason, felony, or breach 
 of the peace. 
 
Appendix A 563 
 
 Article VI. — ^ No State, without- the consent of the Uriited 
 States, in Congress assembled, shall send any embassy to, or 
 receive any embassy from, or enter into any conference, agree- 
 ment, alliance, or treaty with any king, prince, or state ; ^ nor 
 shall any person holding any office of profit or trust under the 
 United States, or any of them, accept of any present, emolument, 
 office, or title of any kind whatever from any king, prince, or 
 foreign state ; ^ nor shall the United States, in Congress assem- 
 bled, or any of them, grant any title of nobility. 
 
 * No two or more States shall enter into any treaty, confedera- 
 tion or alliance whatever between them, without the consent of 
 the United States, in Congress assembled, specifying accurately 
 the purposes for which the same is to be entered into, and how 
 long it shall continue. 
 
 ^ No State shall lay any imposts or duties which may interfere 
 with any stipulations in treaties entered into by the United 
 States, in Congress assembled, with any king, prince, or state, 
 in pursuance of any treaties already proposed by Congress to 
 the courts of France and Spain. 
 
 ^ No vessels of war shall be kept up in time of peace by any 
 State except such number only as shall be deemed necessary by 
 the United States, in Congress assembled, for the defense of 
 such State or its trade ; nor shall any body of forces be kept up 
 by any State in time of peace, except such number only as in the 
 judgment of the United States, in Congress assembled, shall be 
 deemed requisite to garrison the forts necessary for the defense 
 of such State ; but every State shall always keep up a well-regu- 
 lated and disciplined militia, sufficiently armed and accoutered, 
 and shall provide and constantly have ready for use in public 
 stores a due number of field pieces and tents, and a proper quan- 
 tity of arms, ammunition and camp equipage. 
 
 ' No State shall engage in any war without the consent of the 
 United States, in Congress assembled, unless such State be 
 actually invaded by enemies, or shall have received certain 
 advice of a resolution being formed by some nation of Indians to 
 invade such State, and the danger is so imminent as not to admit 
 of a delay, till the United States, in Congress assembled, can be 
 consulted ; nor shall any State grant commissions to any ships 
 or vessels of war, nor letters of marque or reprisal, except it be 
 after a declaration of war by the United States, in Congress 
 assembled, and then only against the kingdom or state, and the 
 
564 The American Federal State 
 
 subjects thereof, against which war has been so declared, and 
 under such regulations as shall be established by the United 
 States, in Congress assembled, unless such State be infested by 
 pirates, in which case vessels of war may be fitted out for that 
 occasion, and kept so long as the danger shall continue, or until 
 the United States, in Congress assembled, shall determine 
 otherwise. 
 
 Article VII. — ^ When land forces are raised by any State for 
 the common defense, all officers of or under the rank of Colonel 
 shall be appointed by the Legislature of each State respectively 
 by whom such forces shall be raised, or in such manner as such 
 State shall direct, and all vacancies shall be filled up by the 
 State which first made the appointment. 
 
 Article VIII. — All charges of war, and all other expenses 
 that shall be incurred for the common defense or general welfare, 
 and allowed by the United States, in Congress assembled, shall 
 be defrayed out of a common treasury, which shall be supplied 
 by the several States in proportion to the value of all land within 
 each State, granted to, or surveyed for, any person, as such land 
 and the buildings and improvements thereon shall be estimated, 
 according to such mode as the United States, in Congress 
 assembled, shall, from time to time, direct and appoint. The 
 taxes for paying that proportion shall be laid and levied by the 
 authority and direction of the Legislature of the several States, 
 within the time agreed upon by the United States, in Congress 
 assembled. 
 
 Article IX. — ^ The United States, in Congress assembled, 
 shall have the sole and exclusive right and power of determining 
 on peace and war, except in the cases mentioned in the sixth 
 Article ; ^ of sending and receiving ambassadors ; ^ entering into 
 treaties and alliances, provided that no treaty of commerce 
 shall be made, whereby the legislative power of the respective 
 States shall be restrained from imposing such imposts and duties 
 on foreigners as their own people are subjected to, or from pro- 
 hibiting the exportation or importation of any species of goods 
 or commodities whatever ; * of establishing rules for deciding, in 
 all cases, what captures on land and water shall be legal, and in 
 what manner prizes taken by land or naval forces in the service 
 
Appendix A 5^5 
 
 of the United States shall be divided or appropriated ; of grant- 
 ing letters of marque and reprisal in times of peace ; appointing 
 courts for the trial of piracies and felonies committed on the high 
 seas; ^and establishing courts for receiving and determining 
 finally appeals in all cases of captures ; provided that no member 
 of Congress shall be appointed a judge of any of the said courts. 
 « The United States, in Congress assembled, shall also be the last 
 resort on appeal in all disputes and diiferences now subsisting or 
 that hereafter may arise between two or more States concerning 
 boundary, jurisdiction, or any other cause whatever ; which author- 
 ity shall always be exercised in the manner following : Whenever 
 the legislative or executive authority, or lawful agent of any 
 State in controversy with another, shall present a petition to 
 Congress, stating the matter in question, and praying for a hear- 
 ing, notice thereof shall be given by order of Congress to the 
 legislative or executive authority of the other State in contro- 
 versy, and a day assigned for the appearance of the parties by 
 their lawful agents, who shall then be directed to appoint, by 
 joint consent, commissioners or judges to constitute a court for 
 hearing and determining the matter in question; but if they 
 cannot agree, Congress shall name three persons out of each of 
 the United States, and from the list of such persons each party 
 shall alternately strike out one, the petitioners beginning, until 
 the number shall be reduced to thirteen ; and from that number 
 not less than seven nor more than nine names, as Congress shall 
 direct, shall, in the presence of Congress, be drawn out by lot ; 
 and the persons whose names shall be so drawn, or any five 
 of them, shall be commissioners or judges, to hear and finally 
 determine the controversy, so always as a major part of the 
 judges who shall hear the cause shall agree in the determination ; 
 and if either party shall neglect to attend at the day appointed, 
 without showing reasons which Congress shall judge sufficient, 
 or being present, shall refuse to strike, the Congress shall pro- 
 ceed to nominate three persons out of each State, and the secre- 
 tary of Congress shall strike in behalf of such party absent or 
 refusing ; and the judgment and sentence of the court, to be 
 appointed in the manner before prescribed, shall be final and 
 conclusive; and if any of the parties shall refuse to submit 
 to the authority of such court, or to appear or defend their claim 
 or cause, the court shall nevertheless proceed to pronounce 
 sentence or judgment, which shall in like manner be final and 
 
566 The American Federal State 
 
 decisive ; the judgment or sentence and other proceedings being 
 in either case transmitted to Congress, and lodged among the 
 acts of Congress for the security of the parties concerned ; pro- 
 vided, that every commissioner, before he sits in judgment, shall 
 take an oath, to be administered by one of the judges of the 
 supreme court of the State where the cause shall be tried, " well 
 and truly to hear and determine the matter in question, accord- 
 ing to the best of his judgment, without favor, affection, or hope 
 of reward." Provided, also, that no State shall be deprived of 
 territory for the benefit of the United States. 
 
 ■^ All controversies concerning the private right of soil claimed 
 under different grants of two or more States, whose jurisdictions, 
 as they may respect such lands and the States which passed such 
 grants are adjusted, the said grants or either of them being at 
 the same time claimed to have originated antecedent to such 
 settlement of jurisdiction, shall, on the petition of either party to 
 the Congress of the United States, be finally determined, as near 
 as may be, in the same manner as is before prescribed for de- 
 ciding disputes respecting territorial jurisdiction between different 
 States. 
 
 8 The United States, in Congress assembled, shall also have 
 the sole and exclusive right and power of regulating the alloy 
 and value of coin struck by their own authority, or by that of 
 the respective States ; fixing the standard of weights and meas- 
 ures throughout the United States ; ^ regulating the trade and 
 managing all affairs with the Indians, not members of any of the 
 States ; provided that the legislative right of any State, within 
 its own limits, be not infringed or violated ; ^*^ establishing and 
 regulating post offices from one State to another, throughout all 
 the United States, and exacting such postage on the papers 
 passing through the same as may be requisite to defray the 
 expenses of the said office ; ^^ appointing all officers of the land 
 forces in the service of the United States, excepting regimental 
 officers ; appointing all the officers of the naval forces, and com- 
 missioning all officers whatever in the service of the United 
 States ; making rules for the government and regulation of the 
 said land and naval forces, and directing their operations. 
 
 12 The United States, in Congress assembled, shall have 
 authority to appoint a committee, to sit in the recess of Con- 
 gress, to be denominated, " A Committee of the States," and to 
 consist of one delegate from each State; and to appoint such 
 
Appendix A 567 
 
 other committees and civil officers as may be necessary for 
 managing the general affairs of the United States under their 
 direction ; ^^ to appoint one of their number to preside, provided 
 that no person shall be allowed to serve in the office of president 
 more than one year in any term of three years ; ^^ to ascertain 
 the necessary sums of money to be raised for the service of the 
 United States, and to appropriate and apply the same for defray- 
 ing the public expenses ; ^^ to borrow money or emit bills on the 
 credit of the United States, transmitting every half year to the 
 respective States an account of the sums of money so borrowed 
 or emitted ; ^^ to build and equip a navy ; ^'^ to agree upon the 
 number of land forces, and to make requisitions from each State 
 for its quota, in proportion to the number of white inhabitants in 
 such State, which requisition shall be binding; and thereupon 
 the Legislature of each State shall appoint the regimental offi- 
 cers, raise the men, and clothe, arm, and equip them in a soldier- 
 like manner, at the expense of the United States ; and the 
 officers and men so clothed, armed, and equipped shall march 
 to the place appointed, and within the time agreed on by the 
 United States, in Congress assembled ; but if the United States, 
 in Congress assembled, shall, on consideration of circumstances, 
 judge proper that any State should not raise men, or should 
 raise a smaller number than its quota, and that any other State 
 should raise a greater number of men than the quota thereof, 
 such extra number shall be raised, officered, clothed, armed, and 
 equipped in the same manner as the quota of such State, unless 
 the Legislature of such State shall judge that such extra number 
 can not be safely spared out of the same, in which case they 
 shall raise, officer, clothe, arm, and equip as many of such extra 
 number as they judge can be safely spared, and the officers and 
 men so clothed, armed, and equipped shall march to the place 
 appointed, and within the time agreed on by the United States, 
 in Congress assembled. 
 
 18 The United States, in Congress assembled, shall never en- 
 ";age in a war, nor grant letters of marque and reprisal in time of 
 peace, nor enter into any treaties or alliances, nor coin money, 
 nor regulate the value thereof, nor ascertain the sums and ex- 
 penses necessary for the defense and welfare of the United 
 States, or any of them, nor emit bills, nor borrow money on the 
 credit of the United States, nor appropriate money, nor agree 
 upon the number of vessels of war to be built or purchased, or 
 
568 The American Federal State 
 
 the number of land or sea forces to be raised, nor appoint a com- 
 mander-in-chief of the army or navy, unless nine States assent to 
 the same ; nor shall a question on any other point, except for 
 adjourning from day to day, be determined, unless by the votes 
 of a majority of the United States, in Congress assembled. 
 
 1^ The Congress of the United States shall have power to 
 adjourn to any time within the year, and to any place within the 
 United States so that no period of adjournment be for a longer 
 duration than the space of six months, and shall publish the 
 journal of their proceedings monthly, except such parts thereof 
 relating to treaties, alliances, or military operations as in their 
 judgment require secrecy ; and the yeas and nays of the delegates 
 of each State, on any question, shall be entered on the journal 
 when it is desired by any delegate ; and the delegates of a 
 State, or any of them, at his or their request, shall be furnished 
 with a transcript of the said journal except such parts as are 
 above excepted, to lay before the legislatures of the several 
 States. 
 
 Article X. — The Committee of the States, or any nine of 
 them, shall be authorized to execute, in the recess of Congress, 
 such of the powers of Congress as the United States, in Congress 
 assembled, by the consent of nine States, shall, from time to time, 
 think expedient to vest them with ; provided, that no power be 
 delegated to the said Committee, for the exercise of which, by 
 the Articles of Confederation, the voice of nine States in the 
 Congress of the United States assembled is requisite. 
 
 Article XI. — Canada, acceding to this Confederation, and 
 joining in the measures of the United States, shall be admitted 
 into, and entitled to all the advantages of this Union ; but no 
 other colony shall be admitted into the same, unless such admis- 
 sion be agreed to by nine States. 
 
 Article XII. — All bills of credit emitted, moneys borrowed, 
 and debts contracted by or under the authority of Congress, be- 
 fore the assembling of the United States, in pursuance of the 
 present Confederation, shall be deemed and considered as a 
 charge against the United States, for payment and satisfaction 
 whereof the said United States and the public faith are hereby 
 solemnly pledged. 
 
Appendix A 569 
 
 Article XIII. — Every State shall abide by the determinations 
 of the United States, in Congress assembled, on all questions 
 which by this Confederation are submitted to them. And the 
 Articles of this Confederation shall be inviolably observed by 
 every State, and the Union shall be perpetual; nor shall any 
 alteration at any time hereafter be made in any of them, unless 
 such alteration be agreed to in a Congress of the United States, 
 and be afterwards confirmed by the Legislatures of every State. 
 
 And whereas, it hath pleased the great Governor of the world to 
 incline the hearts of the Legislatures we respectively represent in 
 Congress to approve of, and to authorize us to ratify, the said 
 Articles of Confederation and perpetual Union ; know ye, that we, 
 the undersigned delegates, by virtue of the power and authority 
 to us given for that purpose, do, by these presents, in the name 
 and in behalf of our respective constituents, fully and entirely 
 ratify and confirm each and every of the said Articles of Confed- 
 eration and perpetual Union, and all and singular the matters 
 and things therein contained. And we do further solemnly 
 plight and engage the faith of our respective constituents, that 
 they shall abide by the determinations of the United States, in 
 Congress assembled, on all questions which by the said Con- 
 federation are submitted to them ; and that the Articles thereof 
 -shall be inviolably observed by the States we respectively repre- 
 sent, and that the Union shall be perpetual. In witness whereof, 
 we have hereunto set our hands in Congress. Done at Philadel- 
 phia, in the State of Pennsylvania, the ninth day of July, in the 
 year of our Lord 1778, and in the third year of the Independence 
 of America. 
 
APPENDIX B 
 
 Preamble. 
 Objects of 
 the Constitu- 
 tion (cf. A. of 
 C, Art. III). 
 
 Congress. 
 Two houses. 
 
 House of 
 Represen- 
 tatives. 
 Term and 
 election. 
 
 Qualifica- 
 tions — age, 
 citizenship, 
 residence. 
 
 Method of 
 apportioning 
 representa- 
 tives. (Part 
 in brackets 
 superseded 
 by Sec. 2 of 
 Amendment 
 XIV.) 
 
 CONSTITUTION OF THE UNITED STATES— 1787 
 
 We the people of the United States, in Order to form a more 
 perfect Union, establish Justice, insure domestic Tranquility, pro- 
 vide for the common defence, promote the general Welfare, and 
 secure the Blessings of Liberty to ourselves and our Posterity, 
 do ordain and establish this Constitution for the United States 
 of America. 
 
 Article. I. 
 
 Section i. All legislative Powers herein granted shall be vested 
 in a Congress of the United States, which shall consist of a Sen- 
 ate and House of Representatives- 
 
 Section 2. [i] The House of Representatives shall be com- 
 posed of Members chosen every second Year by the People of 
 the several States, and the Electors in each State shall have the 
 Qualifications requisite for Electors of the most numerous Branch 
 of the State Legislature. 
 
 [2] No Person shall be a Representative who shall not have 
 attained to the age of twenty-five Years, and been seven Years a 
 Citizen of the United States, and who shall not, when elected, be 
 an Inhabitant of that State in which he shall be chosen. 
 
 [3] [Representatives and direct Taxes shall be apportioned 
 among the several States which may be included within this 
 Union, according to their respective Numbers, which shall be 
 determined by adding to the whole Number of free Persons, 
 including those bound to Service for a Term of Years, and 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 the Congress of the United States, 
 
 A. of C. = Articles of Confederation. 
 570 
 
Appendix B 
 
 571 
 
 and within every subsequent Term of ten Years, in such Manner 
 as they shall by Law direct. The Number of Representatives Census, 
 shall not exceed one for every thirty Thousand, but each State 
 shall have at least one Representative ; and until such enumera- 
 tion shall be made, the State of New Hampshire shall be entitled Temporary 
 to chuse three, Massachusetts eight, Rhode-Island and Providence apportion- 
 Plantations one, Connecticut five, New York six, New Jersey four, 
 Pennsylvania eight, Delaware one, Maryland six, Virginia ten, 
 North Carolina five. South Carolina five, and Georgia three. 
 
 [4] When vacancies happen in the Representation from any Vacancies. 
 State, the Executive Authority thereof shall issue Writs of Elec- 
 tion to fill such Vacancies. 
 
 [5] The House of Representatives shall chuse their Speaker Officers. 
 and other Ofl&cers 5 and shall have the sole Power of Impeach- 
 ment. 
 
 Section 3. [i] The Senate of the United States shall be com- 
 posed of two Senators from each State, chosen by the Legislature 
 thereof, for six Years ; and each Senator shall have one Vote. 
 
 [2] Immediately after they shall be assembled in Consequence 
 of the first Election, they shall be divided as equally as may be 
 into three Classes. The Seats of the Senators of the first Class 
 shall be vacated at the Expiration of the second Year, of the 
 second Class at the Expiration of the fourth Year, and of the 
 third Class at the Expiration of the sixth Year, so that one-third 
 may be chosen every second Year ; and if Vacancies happen by 
 Resignation, or otherwise, during the Recess of the Legislature 
 of any State, the Executive thereof may make temporary Appoint- 
 ments until the next Meeting of the Legislature, which shall then 
 fill such Vacancies. 
 
 [3] No Person shall be a Senator who shall not have attained 
 to the Age of thirty Years, and been nine Years a Citizen of the 
 United States, and who shall not, when elected, be an Inhabitant 
 of that State for which he shall be chosen. 
 
 [4] The Vice President of the United States shall be President 
 of the Senate, but shall have no Vote, unless they be equally 
 divided. 
 
 [5] The Senate shall chuse their other Officers, and also a 
 President pro tempore, in the Absence of the Vice President, 
 or when he shall exercise the Office of President of the United 
 States. 
 
 Senate, 
 Election and 
 term (cf. A. 
 ofCArt.yi). 
 
 Division of 
 
 Senators 
 into three 
 classes. 
 
 Vacancies. 
 
 Qualifica- 
 tions — age, 
 citizenship, 
 residence. 
 
 Vice-presi- 
 dent. 
 
 Officers (cf. 
 A. of C, 
 Art. 1X13). 
 
572 
 
 The American Federal State 
 
 Trial of im- 
 peachments. 
 
 Judgment in 
 cases of im- 
 peachment. 
 
 Both 
 
 Houses. 
 
 Times, 
 
 places, and 
 
 method of 
 
 electing 
 
 members. 
 
 Time of 
 meeting. 
 
 Membership 
 
 regulations. 
 
 Quorum. 
 
 Rules of each 
 house. 
 
 Journals 
 (cf. A. of C. 
 Art. 1X19). 
 
 Special ad- 
 journments. 
 
 [6] The Senate shall have the sole Power to try all Impeach- 
 ments. When sitting for that Purpose, they shall be on Oath or 
 Affirmation. When the President of the United States is tried, 
 the Chief Justice shall preside : And no Person shall be convicted 
 without the Concurrence of two thirds of the Members present. 
 
 [7] Judgment in Cases of Impeachment shall not extend 
 further than to removal from Office, and disqualification to 
 hold and enjoy any Office of honor, Trust or Profit under the 
 United States : but the Party convicted shall nevertheless be 
 liable and subject to Indictment, Trial, Judgment and Punish- 
 ment, according to Law. 
 
 Section 4. [i] The Times, Places and Manner of holding 
 Elections for Senators and Representatives, shall be prescribed 
 in each State by the Legislature thereof; but the Congress may 
 at any time by Law make or alter such Regulations, except as to 
 the Places of chusing Senators. 
 
 [2] The Congress shall assemble at least once in every Year, 
 and such Meeting shall be on the first Monday in December, 
 unless they shall by Law appoint a different Day. 
 
 Section 5. [i] Each House shall be the Judge of the Elections, 
 Returns and Qualifications of its own Members, and a Majority 
 of each shall constitute a Quorum to do Business ; but a smaller 
 Number may adjourn from day to day, and may be authorized to 
 compel the attendance of absent Members, in such Manner, and 
 under such Penalties as each House may provide. 
 
 [2] Each House may determine the Rules of its Proceedings, 
 punish its Members for disorderly Behaviour, and, with the Con- 
 currence of two thirds, expel a Member. 
 
 [3] Each House shall keep a Journal of its Proceedings, and 
 from time to time publish the same, excepting such Parts as may 
 in their Judgment require Secrecy ; and the Yeas and Nays of 
 the Members of either House on any question shall, at the Desire 
 of one fifth of those Present, be entered on the Journal. 
 
 [4] Neither House, during the Session of Congress, shall, 
 without the Consent of the other, adjourn for more than three 
 days, nor to any other Place than that in which the two Houses 
 shall be sitting. 
 
 Section 6. [i] The Senators and Representatives shall re- 
 ceive a Compensation for their Services, to be ascertained by 
 
Appendix B 
 
 573 
 
 iaw, and paid out of the Treasury of the United States. They 
 shall in all Cases, except Treason, Felony, and Breach of the 
 Peace, be privileged from Arrest during their Attendance at the 
 Session of their respective Houses, and in going to and returning 
 from the same ; and for any Speech or Debate in either House, 
 they shall not be questioned in any other Place. 
 
 [2] No Senator or Representative shall, during the Time for 
 which he was elected, be appointed to any civil Office under the 
 Authority of the United States, which shall have been created, 
 or the Emoluments whereof shall have been encreased 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. 
 
 Compensa- 
 tion and 
 privileges of 
 members 
 (cf. A. of C, 
 Art. V3). 
 
 Disabilities 
 of members 
 (cf. A. of C, 
 Art. V2). 
 
 Section 7. [i] All Bills for raising Revenue shall originate 
 in the House of Representatives ; but the Senate may propose or 
 concur with Amendments as on other Bills. 
 
 [2] Every Bill which shall have passed the House of Repre- 
 sentatives and the Senate, shall, before it become a Law, be 
 presented to the President of the United States ; If he approve 
 he shall sign it, but if not he shall return it. with his Objections 
 to that House in which it shall have originated, who shall enter 
 the Objections at large on their Journal, and proceed to recon- 
 sider it. If after such Reconsideration two thirds of that House 
 shall agree to pass the Bill, it shall be sent, together with the 
 Objections, to the other House, by which it shall likewise be 
 reconsidered, and if approved by two thirds of that House, it 
 shaU 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 shaU be entered on 
 the Journal of each House respectively. If any Bill shall not be 
 returned by the President within ten Days (Sundays excepted) 
 after it shall have been presented to him, the Same shall be a 
 Law, in like Manner as if he had signed it, unless the Congress 
 by their Adjournment prevent its Return, in which Case it shall 
 not be a Law. 
 
 [3] Every Order, Resolution, or Vote to which the Concurrence 
 of the Senate and House of Representatives may be necessary 
 (except on a question of Adjournment) shall be presented to the 
 President of the United States and before the Same shall take 
 Eifect, shall be approved by him, or being disapproved by him, 
 
 Revenue 
 
 bills. 
 
 Veto of 
 President on 
 bills (cf. A. 
 of C, Art. 
 
 1X18). 
 
 Veto on 
 resolutions. 
 
 2 N 
 
574 
 
 The American Federal State 
 
 shall be repassed by two thirds of the Senate and House of 
 Representatives, according to the Rules and Limitations pre- 
 scribed in the Case of a Bill. 
 
 Powers of 
 Congress. 
 
 Taxation (cf. 
 A. of C, 
 Art. VIII). 
 
 Borrowing.! 
 
 Regulating 
 commerce.2 
 
 Naturaliza- 
 tion and 
 bankruptcy. 
 
 Coins, 
 
 weights, and 
 measures. 
 
 Counter- 
 feiting, 
 
 Post offices.3 
 
 Patents and 
 copyrights. 
 
 Inferior 
 courts.4 
 
 Piracies. 
 
 War (cf. A. 
 of C, Art. 
 
 1X1,4). 
 Army.5 
 
 Navy. 6 
 
 Land and 
 naval forces.^ 
 
 Militia, in 
 service. 
 
 Militia, 
 organization. 
 
 Section 8. The Congress shall have Power [i] To lay and 
 collect Taxes, Duties, Imposts and Excises, to pay the Debts and 
 provide for the common Defence and general Welfare of the 
 United States ; but all duties. Imposts and Excises shall be 
 uniform throughout the United States ; 
 
 [2] To borrow Money on the credit of the United States ; 
 
 [3] To regulate Commerce with foreign Nations, and among 
 the several States, and with the Indian Tribes; 
 
 [4] To establish an uniform Rule of Naturalization, and 
 uniform Laws on the subject of Bankruptcies throughout the 
 United States ; 
 
 [5] To coin Money, regulate the Value thereof, and of foreign 
 Coin, and fix the Standard of Weights and Measures ; 
 
 [6] To provide for the Punishment of counterfeiting the 
 Securities and current Coin of the United States ; 
 
 [7] To establish. Post Offices and post Roads; 
 
 [8] To promote the Progress of Science and useful Arts by se- 
 curing for limited Times to Authors and Inventors the exclusive 
 Right to their respective Writings and Discoveries ; 
 
 [9] To constitute Tribunals inferior to the supreme Court ; 
 
 [10] To define and punish Piracies and Felonies committed 
 on the high Seas, and Offences against the Law of Nations ; 
 
 [11] To declare War, grant Letters of Marque and Reprisal, 
 and make Rules concerning Captures on Land and Water; 
 
 [12] To raise and support Armies, but no Appropriation of 
 Money to that Use shall be for a longer Term than two Years ; 
 
 [13] To provide and maintain a Navy ; 
 
 [14] To make Rules for the Government and Regulation of 
 the land and naval Forces ; 
 
 [15] To provide for calling forth the Militia to execute the 
 Laws of the Union, suppress Insurrections and repel Invasions ; 
 
 [16] To provide for organizing, arming, and disciplining, the 
 Militia, and for governing such Part of them as may be employed 
 
 1 Cf. A. of C, Art. 1X16. 
 
 2 Cf. A. of C, Art. 1X8, 9. 
 « Cf. A. of C, Art. IXio. 
 
 f Cf. A. of C, Art. 1X5. 
 
 6 Cf. A. of C, Art. VIII, Art. IX". 
 
 «Cf. A. ofC, Art. IX1«. 
 
 7 Cf. A. of C. Art. IXii. 
 
Appendix B 575 
 
 in the Service of the United States, reserving to the States 
 respectively, the Appointment of the Officers, and the Authority 
 of training the Militia according to the discipline prescribed by 
 Congress ; 
 
 [17] To exercise exclusive Legislation in all Cases whatsoever. Seat of 
 over such District (not exceeding ten Miles square) as may, by government 
 Cession of particular States, and the Acceptance of Congress ^^'^ stations, 
 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 ; — And 
 
 [18] To make all Laws which shall be necessary and proper Supple- 
 for carrying into Execution the foregoing Powers, and all other mentary 
 Powers vested by this Constitution in the Government of the ^^si^lation. 
 United States, or in any Department or Officer thereof. 
 
 Section 9. [i] The Migration or Importation of such Per- Limitations 
 
 sons as any of the States now existing shall think proper to ^'^ powers of 
 
 admit, shall not be prohibited by the Congress prior to the Year ^°"^^"^- 
 
 one thousand eight hundred and eight, but a Tax or duty may Slave trade, 
 be imposed on such Importation, not exceeding ten dollars for 
 each Person. 
 
 [2] The Privilege of the Writ of Habeas Corpus shall not be Habeas 
 
 suspended, unless when in Cases of Rebellion or Invasion the corpus, 
 
 public Safety may require it. Bills of 
 
 [3] No Bill of Attainder or ex post facto Law shall be 
 
 passed. law's 
 
 [4] No Capitation, or other direct, tax shall be laid, unless in Direct tax. 
 Proportion to the Census or Enumeration herein before directed 
 to be taken. 
 
 [5] No Tax or Duty shall be laid on Articles exported from Tax on ex- 
 
 any State. ports. 
 
 [6] No Preference shall be given by any Regulation of Com- Uniform 
 merce or Revenue to the Ports of one State over those of another : commercial 
 nor shall Vessels bound to, or from, one State, be obliged to ^^S^lations. 
 enter, clear, or pay Duties in another. 
 
 [73 No money shall be drawn from the Treasury, but in Con- Finance, 
 sequence of Appropriations made by Law ; and a regular State- 
 ment and Account of the Receipts and Expenditures of all public 
 Money shall be published from time to time. 
 
 attainder and 
 ex post facto 
 
576 
 
 The American Federal State 
 
 Titles of no- 
 bility and 
 presents 
 (cf. A. ofC, 
 Art. VI 2, 3). 
 
 Limitations 
 on powers of 
 States. 
 
 Specific 
 prohibitions 
 (cf. A. of C, 
 Art. VI 1.3,4). 
 
 Limitations 
 on imposts 
 (cf. A. of C, 
 Art. VI 5). 
 
 Prohibitions 
 removable 
 with consent 
 of Congress 
 (cf. A. of C. 
 Art. VI «. 7). 
 
 [8] No title of Nobility shall be granted by the United States . 
 And no Person holding any Office of Profit or Trust under them, 
 shall, without the Consent of the Congress, accept of any present, 
 Emolument, Office, or Title, of any kind whatever, from any 
 King, Prince, or foreign State. 
 
 Section lo. [i] No State shall enter into any Treaty, Alli- 
 ance, or Confederation ; grant Letters of Marque and Reprisal ; 
 coin Money ; emit Bills of Credit, make any Thing but gold and 
 silver Coin a Tender in Payment of Debts ; pass any Bill of 
 Attainder, ex post facto Law, or Law impairing the obligation of 
 Contracts, or grant any Title of Nobility. 
 
 [2] No State shall, without the Consent of the Congress, lay 
 any Imposts or Duties on Imports or Exports, except what may 
 be absolutely necessary for executing it's inspection Laws : and 
 the net Produce of all Duties and Imposts, laid by any State on 
 Imports or Exports, shall be for the Use of the Treasury of the 
 United States ; and all such Laws shall be subject to the Revision 
 and Controul of the Congress. 
 
 [3] No State shall, without the Consent of Congress, lay 
 any Duty of tonnage, keep Troops, or Ships of War in time of 
 Peace, enter into any Agreement or Compact with another State, 
 or with a foreign Power, or engage in War, unless actually in- 
 vaded, or in such imminent Danger as will not admit of delay. 
 
 President 
 (cf. A. of C, 
 Art. IX 12, 
 Art. X). 
 Term. 
 Presidential 
 electors and 
 method of 
 choosing 
 President. 
 
 (Part in 
 
 brackets 
 
 superseded 
 
 by XII 
 
 Amend- 
 
 ^lent.) 
 
 Article. II. 
 
 Section i. [i] The executive Power shall be vested in a 
 President of the United States of America. He shall hold his 
 Office during the Term of four Years, and, together with the 
 Vice President, chosen for the same term, be elected, as follows : 
 
 [2] Each State shall appoint, in such Manner as the Legisla- 
 ture thereof may direct, a Number of Electors, equal to the whole 
 Number of Senators and Representatives to which the State may 
 be entitled in the Congress : but no Senator or Representative, 
 or Person holding an Office of Trust or Profit under the United 
 States, shall be appointed an Elector. [The electors shall meet 
 in their respective States, and vote by ballot for two Persons, of 
 whom one at least shall not be an inhabitant of the same State 
 with themselves. And they shall make a List of all the Persons 
 voted for, and of the Number of Votes for each ; which List they 
 
Appendix B 577 
 
 shall sign and certify, and transmit sealed to the Seat of the 
 Government of the United States, directed to the President of 
 the Senate. The President of the Senate shall, in the Presence 
 of the Senate and House of Representatives, open all the Cer- 
 tificates, and the Votes shall then be counted. The Person 
 having the greatest Number of Votes shall be the President, if 
 such Number be a Majority of the whole Number of Electors 
 appointed ; and if there be more than one who have such Major- 
 ity, and have an equal Number of Votes, then the House of 
 Representatives shall immediately chuse by Ballot one of them 
 for President ; and if no Person have a Majority, then from the 
 five highest on the List the said House shall in like Manner chuse 
 the President. But in chusing the President, the Votes shall be 
 taken by States, the Representation from each State having one 
 Vote ; A quorum for this Purpose shall consist of a Member or 
 Members from two-thirds of the States, and a Majority of all the 
 States shall be necessary to a Choice. In every Case, after the 
 Choice of the President, the Person having the greatest Number 
 of Votes of the Electors shall be the Vice President. But if 
 there should remain two or more who have equal Votes, the 
 Senate shall chuse from them by Ballot the Vice President.] 
 
 [3] The Congress may determine the Time of chusing the Dates of 
 Electors, and the Day on which they shall give their Votes ; elections, 
 which Day shall be the same throughout the United States. 
 
 [4] No Person except a natural born Citizen, or a citizen of Qualifica- 
 
 the United States, at the time of the Adoption of this Constitu- tions, citizen- 
 
 tion, shall be eligible to the Office of President ; neither shall ^'^T' ^^.^' 
 
 and resi- 
 any Person be eligible to that Office who shall not have attained dence. 
 
 to the Age of thirty five Years, and been fourteen Years a Resi- 
 dent within the United States. 
 
 [5] In Case of the Removal of the President from Office, or Presidential 
 of his Death, Resignation, or Inability to discharge the Powers succession. 
 and Duties of the said Office, the same shall devolve on the Vice 
 President, and the Congress may by Law provide for the Case of 
 Removal, Death, Resignation, or Inability, both of the President 
 and Vice President, declaring what Officer shall then act as Presi- 
 dent, and such Officer shall act accordingly, until the Disability 
 be removed, or a President shall be elected. 
 
 [6] The President shall, at stated Times, receive for his Ser- Compensa- 
 vices, a Compensation, which shall neither be encreased nor ^ion. 
 diminished during the Period for which he shall have been 
 
578 
 
 The American Federal State 
 
 Oath of 
 office. 
 
 elected, and he shall not receive within that Period any other 
 Emolument from the United States, or any of them. 
 
 [7] Before he enter on the Execution of his Office, he shall 
 take the following Oath or Affirmation : — "I do solemnly swear 
 (or affirm) that I will faithfully execute the Office of President of 
 the United States, and will to the best of my Ability, preserve, 
 protect and defend the Constitution of the United States." 
 
 Powers of 
 President. 
 
 Military, 
 supervisory, 
 and judicial. 
 
 In treaties 
 and in ap- 
 pointments. 
 
 Temporary 
 appoint- 
 ments. 
 
 Section 2. [i] The President shall be Commander in Chief 
 of the Army and Navy of the United States, and of the Militia of 
 the several States, when called into the actual Service of the 
 United States ; he may require the Opinion, in writing, of the 
 principal Officer in each of the executive Departments, upon any 
 Subject relating to the Duties of their respective Offices, and he 
 shall have Power to grant Reprieves and Pardons for Offences 
 against the United States, except in Cases of Impeachment. 
 
 [2] He shall have Power, by and with the Advice and Con- 
 sent of the Senate, to make Treaties, provided two-thirds of the 
 Senators present concur ; and he shall nominate, and by and with 
 the Advice and Consent of the Senate, shall appoint Ambassa- 
 dors, other public Ministers and Consuls, Judges of the supreme 
 Court, and all other Officers of the United States, whose Appoint- 
 ments 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 Depart- 
 ments. 
 
 [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. 
 
 Legislative Section 3. He shall from time to time give to the Congress 
 
 powers. Information of the State of the Union, and recommend to their 
 
 Consideration such Measures as he shall judge necessary and 
 expedient ; he may, on extraordinary Occasions, convene both 
 Houses, or either of them, and in Case of Disagreement between 
 them, with Respect to the Time of Adjournment, he may adjourn 
 them to such Time as he shall think proper ; he shall receive 
 Ambassadors and other public Ministers ; he shall take Care that 
 the Laws be faithfully executed, and shall Commission all the 
 Officers of the United States. 
 
Appendix B 5^0 
 
 Section 4. The President, Vice President and aU civU Officers Liability to 
 of the United States, shaU be removed from Office on Impeach- impeach- 
 ment for, and Conviction of. Treason, Bribery, or other high °^^°*- 
 Crimes and Misdemeanors. 
 
 Article III. 
 
 Section I. The judicial Power of the United States, shaU be Judiciary. 
 
 vested m one supreme Court, and in such inferior Courts as the Courts. 
 Congress may from time to time ordain and estabhsh. The 
 
 Judges, both of the supreme and inferior Courts, shall hold their Judges: term 
 
 Offices during good Behaviour, and shall, at stated Times, receive a°d compen- 
 
 for their Services, a Compensation, which shall not be diminished ^^^'°"- 
 during their Continuance in Office. 
 
 Section 2. [I] The judicial Power shall extend to all Cases, Jurisdiction 
 m Law and Equity, arising under this Constitution, the Laws of (^^- ^- ^^ C., 
 the United States, and Treaties made, or which shall be made, ^^' ^'^^' '^• 
 under their Authority ;- to all cases affecting Ambassadors,' 
 other public Ministers and Consuls ; —to all cases of admiralty and 
 maritime Jurisdiction ; — to Controversies to which the United 
 States shall be a party ; — to Controversies between two or more 
 States ; — between a State and Citizens of another State ; — be- 
 tween Citizens of different States — between Citizens of the same 
 State claiming Lands under Grants of different States, and be- 
 tween a State, or the Citizens thereof, and foreign States, Citizens 
 or subjects. 
 
 [2] In all Cases affecting Ambassadors, other pubHc Ministers Original and 
 and Consuls, and those in which a State shall be Party, the appellate ju- 
 supreme Court shall have original Jurisdiction. In all the other ^^diction of 
 Cases before mentioned, the supreme Court shall have appellate Court.""^ 
 Jurisdiction, both as to Law and Fact, with such Exceptions, and 
 under such Regulations as the Congress shall make. 
 
 [3] The Trial of all Crimes, except in Cases of Impeachment, Jury trial, 
 shall be by Jury ; and such Trial shall be held in the State where P^^ce of trial, 
 the said Crimes shall have been committed ; but when not com- 
 mitted within any State, the Trial shall be at such Place or 
 Places as the Congress may by Law have directed. 
 
 ^ Section 3. [i] Treason against the United States, shaU con- Treason: 
 sist only in levying War against them, or in adhering to their definition, 
 
58o 
 
 The American Federal State 
 
 punishment. 
 
 Nation 
 
 AND States. 
 
 Interstate 
 
 comity 
 
 (cf. A. of C, 
 
 Art. IV8). 
 
 Interstate 
 citizenship 
 (cf. A. of C, 
 Art. I VI). 
 
 Extradition 
 of criminals, 
 (cf. A. of C, 
 Art. IV2.) 
 
 Fugitive 
 slaves. 
 
 Admission of 
 new states 
 (cf. A. of C, 
 Art. XI). 
 
 Government 
 of national 
 territory. 
 
 Protection of 
 states. 
 
 Enemies, giving them Aid and Comfort. No Person shall be 
 convicted of Treason unless on the Testimony of two Witnesses 
 to the same overt Act, or on Confession in open Court. 
 
 [2] The Congress shall have Power to declare the Punishment 
 of Treason, but no Attainder of Treason shall work Corruption 
 of Blood, or Forfeiture except during the Life of the Person 
 attainted. 
 
 Article. IV. 
 
 Section i . Full Faith and Credit shall be given in each State 
 to the public Acts, Records, and judicial Proceedings of every 
 other State. And the Congress may by general Laws prescribe 
 the Manner in which such Acts, Records and Proceedings shall 
 be proved, and the Effect thereof. 
 
 Section 2. [i] The Citizens of each State shall be entitled 
 to all Privileges and Immunities of Citizens in the several States. 
 
 [2] A Person charged in any State with Treason, Felony or 
 other Crime, who shall flee from Justice, and be found in another 
 State, shall on Demand of the executive Authority of the State 
 from which he fled, be delivered up, to be removed to the State 
 having Jurisdiction of the Crime. 
 
 [3] No Person held to Service or Labour in one State, under 
 the Laws thereof, escaping into another, shall, in Consequence of 
 any Law or Regulation therein, be discharged from such Service 
 or Labour, but shall be delivered up on Claim of the Party to 
 whom such Service or Labour may be due. 
 
 Section 3. [i] New States may be admitted by the Congress 
 into this Union ; but no new State shall be formed or erected 
 within the Jurisdiction of any other State ; nor any State be 
 formed by the Junction of two or more States, or Parts of States, 
 without the Consent of the Legislatures of the States concerned 
 as well as of the Congress. 
 
 [2] The Congress shall have Power to dispose of and make 
 all needful Rules and Regulations respecting the Territory or 
 other Property belonging to the United States ; and nothing in 
 this Constitution shall be so construed as to Prejudice any Claims 
 of the United States, or of any particular State. 
 
 Sectio7t 4. The United States shall guarantee to every State in 
 this Union a Republican Form of Government, and shall protect 
 
Appendix B 
 
 581 
 
 each of them against Invasion ; and on Application of the Legis- 
 lature, or of the Executive (when the Legislature cannot be con- 
 vened) against domestic Violence. 
 
 Article. V. 
 
 The Congress, whenever two thirds of both Houses shall deem Amend- 
 it necessary, shall propose Amendments to this Constitution, or, ment of 
 on the Application of the Legislatures of two thirds of the several 
 States, shall call a Convention for proposing Amendments, (cf. a. of C. 
 which, in either Case, shall be valid to all Intents and Purposes Art. XIII). 
 as Part of this Constitution, when ratified by the Legislatures of 
 three fourths of the several States, or by Conventions in three 
 fourths thereof, as the one or the other Mode of Ratification may 
 be proposed by the Congress ; Provided that no Amendment 
 which may be made prior to the Year One thousand eight hun- 
 dred and eight shall in any Manner affect the first and fourth ' 
 Clauses in the Ninth Section of the first Article ; and that no 
 State, without its Consent, shall be deprived of its equal Suffrage 
 in the Senate. 
 
 Article. VI. 
 
 [i] All Debts contracted and Engagements entered into, be- 
 fore the Adoption of this Constitution, shall be as valid against 
 the United States under this Constitution, as under the Confeder- 
 ation. 
 
 [2] This Constitution, and the Laws of the United States 
 which shall be made in Pursuance thereof; and all Treaties 
 made, or which shall be made, under the Authority of the 
 United States, shall be the supreme Law of the Land ; and 
 the Judges in every State shall be bound thereby, any Thing 
 in the Constitution or Laws of any State to the Contrary not- 
 withstanding. 
 
 [3] The Senators and Representatives before mentioned, and 
 the Members of the several State Legislatures, and all executive 
 and judicial Officers, both of the United States and of the several 
 States, shall be bound by Oath or Affirmation, to support this 
 Constitution ; but no religious Test shall ever be required as a 
 Qualification to any Office or public Trust under the United 
 States. 
 
 Miscella- 
 neous. 
 Preexisting 
 national 
 debt 
 
 (cf. A. of C. 
 Art. XII). 
 
 Supremacy 
 of Constitu- 
 tion, treaties 
 and national 
 law. 
 
 Oaths of 
 national and 
 state officials 
 
582 
 
 The American Federal State 
 
 Article. VII. 
 
 Ratification. The Ratification of the Conventions of nine States, shall be 
 sufficient for the Establishment of this Constitution between the 
 States so ratifying the Same. 
 
 Done in Convention by the Unanimous Consent of the States 
 present the Seventeenth Day of September in the Year of our 
 Lord one thousand seven hundred and Eighty seven and of the 
 Independence of the United States of America the Twelfth 
 In Witness whereof We have hereunto subscribed our Names, 
 
 G? Washinqton- 
 Presidt. and Deputy from Virginia 
 [and thirty eight members from all the states except Rhode Island.] 
 
 Prohibitions 
 on Congress 
 respecting 
 religion, 
 speech, and 
 the press. 
 
 Right to bear 
 arms. 
 
 Quartering 
 of soldiers. 
 
 ARTICLES IN ADDITION TO, AND AMENDMENT OF, 
 THE CONSTITUTION OF THE UNITED STATES 
 OF AMERICA, PROPOSED BY CONGRESS, AND 
 RATIFIED BY THE LEGISLATURES OF THE SEV- 
 ERAL STATES PURSUANT TO THE FIFTH ARTI- 
 CLE OF THE ORIGINAL CONSTITUTION. 
 
 [Article I ^] 
 
 Congress shall make no law respecting an establishment of 
 religion, or prohibiting the free exercise thereof ; or abridging the 
 freedom of speech, or of the press ; or the right of the people 
 peaceably to assemble, and to petition the Government for a re- 
 dress of grievances. 
 
 [Article IP] 
 
 A well regulated Militia, being necessary to the security of a 
 free State, the right of the people to keep and bear Arms, shall 
 not be infringed. 
 
 [Article IIP] 
 
 No Soldier shall, in time of peace be quartered in any house, 
 without the consent of the Owner, nor in time of war, but in a 
 manner to be prescribed by law. 
 
 1 First ten amendments proposed by Congress, Sept. 25, 1789. Pro- 
 claimed to be in force Dec. 15, 179 1. 
 
Appendix B 
 
 583 
 
 [Article IV ^] 
 
 The right of the people to be secure in their persons, houses, Right of 
 papers, and effects, against unreasonable searches and seizures, search, 
 shall not be violated, and no Warrants shall issue, but upon 
 probable cause, supported by Oath or affirmation, and particularly 
 describing the place to be searched, and the persons or things to 
 be seized. 
 
 [Article V^] 
 
 No person shall be held to answer for a capital, or otherwise Protection 
 infamous crime, unless on a presentment or indictment of a °^ accused 
 Grand Jury, except in cases arising in the land or naval forces, ^,^5^5 
 or in the Militia, when in actual service in time of War or public 
 danger ; nor shall any person be subject for the same offence to 
 be twice put in jeopardy of life or limb ; nor shall be compelled 
 in any Criminal Case to be a witness against himself, nor be de- 
 prived of life, liberty, or property, without due process of law ; 
 nor shall private property be taken for public use, without just 
 compensation. 
 
 [Article VI ^] 
 
 In all criminal prosecutions, the accused shall enjoy the right Rights of 
 
 to a speedy and public trial, by an impartial jury of the State and accused re- 
 
 . , . , ,, , 1 . 1 1 • 1 T garding trial, 
 
 district wherem th^ crime shall have been committed, which dis- 
 trict shall have been previously ascertained by law, and to be 
 informed of the nature and cause of the accusation ; to be con- 
 fronted with the witnesses against him; to have compulsory 
 process for obtaining Witnesses in his favor, and to have the 
 Assistance of Counsel for his defence. 
 
 [Article VII ^] 
 
 In suits at common law, where the value in controversy shall Jury trial in 
 exceed twenty dollars, the right of trial by jury shall be pre- lawsuits, 
 served, and no fact tried by a jury shall be otherwise re-exam- 
 ined in any Court of the United States, than according to the 
 rules of the common law. 
 
 [Article VIII i] 
 
 Excessive bail shall not be required, nor excessive fines im- Bail and 
 posed, nor cruel and unusual punishments inflicted. punishment 
 
584 
 
 The American Federal State 
 
 Unenumer- 
 ated rights. 
 
 Undelegated 
 powers. 
 
 [Article IX ^] 
 
 The enumeration in the Constitution, of certain rights, shall 
 not be construed to deny or disparage others retained by the 
 people. 
 
 [Article X^] "^ 
 
 The powers not delegated to the United States by the Consti- 
 tution, nor prohibited by it to the States, are reserved to the 
 States respectively, or to the people. 
 
 Exemption 
 of states from 
 suit. (Pro- 
 posed Sept. 5, 
 1794. De- 
 clared in 
 force Jan. 8, 
 1798.) 
 
 New method 
 of electing 
 President. 
 
 (To super- 
 sede part of 
 Art. II, Sec. 
 I, cl. 2.) 
 
 (Proposed 
 Dec. 12, 1803. 
 Declared in 
 force Sept. 25, 
 1804.) 
 
 Article XI 
 
 The Judicial power of the United States shall not be construed 
 to extend to any suit in law or equity, commenced or prosecuted 
 against one of the United States by Citizens of another State, or 
 by Citizens or Subjects of any Foreign State. 
 
 Article XII 
 
 The Electors shall meet in their respective states, and vote by 
 ballot for President and Vice-President, one of whom, at least, 
 shall not be an inhabitant of the same state with themselves ; 
 they shall name in their ballots the person voted for as President, 
 and in distinct ballots the person voted for as Vice-President, 
 and they shall make distinct lists of all persons voted for as 
 President, and of all persons voted for as Vice-President, and 
 of the number of votes for each, which lists they shall sign and 
 certify, and transmit sealed to the seat of the government of the 
 United States, directed to the President of the Senate ; — The 
 President of the Senate shall, in presence of the Senate and 
 House of Representatives, open all the certificates and the votes 
 shall then be counted ; — The person having the greatest number 
 of votes for President, shall be the President, if such number be 
 a majority of the whole number of Electors appointed ; and if no 
 person have such majority, then from the persons having the 
 highest numbers not exceeding three on the list of those voted 
 for as President, the House of Representatives shall choose im- 
 mediately, by ballot, the President. But in choosing the Presi- 
 dent, the votes shall be taken by states, the representation from 
 each state having one vote ; a quorum for this purpose shall con- 
 
Appendix B 
 
 585 
 
 sist of a member or members from two-thirds of the states, and a 
 majority of all the states shall be necessary to a choice. And if 
 the House of Representatives shall not choose a President when- 
 ever the right of choice shall devolve upon them, before the 
 fourth day of March next following, then the Vice-President 
 shall act as President, as in the case of the death or other con- 
 stitutional disability of the President. The person having the 
 greatest number of votes as Vice-President, shall be the Vice- 
 President, if such number be a majority of the whole number of 
 Electors appointed, and if no person have a majority, then from 
 the two highest numbers on the list, the Senate shall choose the 
 Vice-President ; a quorum for the purpose shall consist of two- 
 thirds of the whole number of Senators, and a majority of the 
 whole number shall be necessary to a choice. But no person 
 constitutionally ineligible to the office of President shall be eli- 
 gible to that of Vice-President of the United States. 
 
 Article XIII 
 
 Section i . Neither slavery nor involuntary servitude, except as Abolition of 
 
 a punishment for crime whereof the party shall have been duly slavery, 
 
 convicted, shall exist within the United States, or any place sub- i b'^°^^86c; 
 
 ject to their jurisdiction. Declared in 
 
 force Dec. 18, 
 
 Section 2. Congress shall have power to enforce this article 1865.) 
 
 by appropriate legislation. 
 
 Article XIV 
 
 Section i. All persons born or naturalized in the United 
 States, and subject to the jurisdiction thereof, are citizens of the 
 United States and of the State wherein they reside. No State 
 shall make or enforce any law which shall abridge the privileges 
 or immunities of citizens of the United States ; nor shall any 
 State deprive any person of life, liberty, or property, without due 
 process of law ; nor deny to any person within its jurisdiction the 
 equal protection of the laws. 
 
 Citizens of 
 the United 
 States — pro- 
 tection of. 
 (Proposed 
 June 16, 1866. 
 Declared in 
 force July 28, 
 1868.) 
 
 Section 2. Representatives shall be apportioned among the New basis of 
 
 several States according to their respective numbers, counting representa- 
 
 the whole number of persons in each State, excluding Indians if"^ '^ 
 
 , „ , , . , , . Congress, 
 
 not taxed. But when the right to vote at any election for the 
 
586 
 
 Appendix B 
 
 (Superseding 
 part of Art. I, 
 sec. 2, cl. 3.) 
 
 Disabilities 
 of officials 
 engaged in 
 rebellion. 
 
 Validity of 
 war debt. 
 
 choice of electors for President and Vice President of the United 
 States, Representatives in Congress, the Executive and Judicial 
 officers of a State, or the members of the Legislature thereof, is 
 denied to any of the male inhabitants of such State, being twenty- 
 one years of age, and citizens of the United States, or in any way 
 abridged, except for participation in rebellion, or other crime, the 
 basis of representation therein shall be reduced in the proportion 
 which the number of such male citizens shall bear to the whole 
 number of male citizens twenty-one years of age in such State. 
 
 Section 3. No person shall be a Senator or Representative in 
 Congress, or elector of President and Vice President, or hold 
 any office, civil or military, under the United States, or under 
 any State, who, having previously taken an oath, as a member of 
 Congress, or as an officer of the United States, or as a member 
 of any State legislature, or as an executive or judicial officer of 
 any State, to support the Constitution of the United States, shall 
 have engaged in insurrection or rebellion against the same, or 
 given aid or comfort to the enemies thereof. But Congress may 
 by two-thirds vote of each House, remove such disability. 
 
 Section 4. The validity of the public debt of the United 
 States, authorized by law, including debts incurred for payment 
 of pensions and bounties for services in suppressing insurrection 
 or rebellion, shall not be questioned. But neither the United 
 States nor any State shall assume or pay any debt or obligation 
 incurred in aid of insurrection or rebellion against the United 
 States, or any claim for the loss or emancipation of any slave ; 
 but all such debts, obligations and claims shall be held illegal 
 and void. 
 
 Section 5 . The Congress shall have power to enforce, by ap- 
 propriate legislation, the provisions of this article. 
 
 Voting rights 
 of citizens of 
 the U.S. 
 (Proposed 
 Feb. 27, 1869. 
 Declared in 
 force Mar. 30, 
 1870.) 
 
 Article XV 
 
 Section i. The right of citizens of the United States to vote 
 shall not be denied or abridged by the United States or by any 
 State on account of race, color or previous condition of servitude. 
 
 Section 2. The Congress shall have power to enforce this 
 article by appropriate legislation. 
 
APPENDIX C 
 
 PROMINENT NATIONAL OFFICIALS 
 
 TABLE I — THE PRESIDENTS 
 
 
 
 
 
 
 Years 
 
 Name 
 
 State 
 
 Party 
 
 Electoral Vote 
 
 in Office 
 
 I. George Washington 
 
 Va. 
 
 (Fed.) 
 
 unanimous 
 unanimous 
 
 I 789-1 793 
 
 I 793-1 797 
 
 2. John Adams 
 
 Mass. 
 
 Fed. 
 
 71 to 68 
 
 1 797-1801 
 
 3. Thomas Jefferson 
 
 Va. 
 
 Dem. R. 
 
 73 to 65 
 162 to 14 
 
 I 801-1805 
 I 805-1 809 
 
 4. James Madison 
 
 Va. 
 
 Dem. R. 
 
 122 to 47 
 128 to 89 
 
 I 809-1813 
 1813-1817 
 
 5. James Monroe 
 
 Va. 
 
 Dem. R. 
 
 183 to 34 
 231 to I 
 
 1817-1821 
 1821-1825 
 
 6. John Q. Adams 
 
 Mass. 
 
 Dem. R. 
 
 84 out of 261 
 
 1825-1829 
 
 7. Andrew Jackson 
 
 Tenn. 
 
 Dem. 
 
 178 to 83 
 219 to 49 
 
 1829-1833 
 1833-1837 
 
 8. Martin Van Buren 
 
 N.Y. 
 
 Dem. 
 
 170 to 73 
 
 1837-1841 
 
 9. Wm. H. Harrison 
 
 Ohio 
 
 Whig 
 
 234 to 60 
 
 1841-1841 
 
 10. John Tyler ^ 
 
 Va. 
 
 (Whig) 
 
 
 I 841-1845 
 
 II. James K. Polk 
 
 Tenn. 
 
 Dem. 
 
 170 to 105 
 
 I 845- I 849 
 
 12. Zachary Taylor 
 
 La. 
 
 Whig 
 
 163 to 127 
 
 I 849-1 850 
 
 13. Millard Fillmore ^ 
 
 N.Y. 
 
 Whig 
 
 
 1850-1853 
 
 14. Franklin Pierce 
 
 N.H. 
 
 Dem. 
 
 254 to 42 
 
 1853-1857 
 
 15. James Buchanan 
 
 Pa. 
 
 Dem. 
 
 174 to 114 
 
 1857-1861 
 
 16. Abraham Lincoln 
 
 111. 
 
 Rep. 
 
 180 to 123 
 
 212 to 21 
 
 1861-1865 
 I 865-1 865 
 
 17. Andrew Johnson ^ 
 
 Tenn. 
 
 (Rep.) 
 
 
 I 865-1 869 
 
 18. Ulysses S. Grant 
 
 111. 
 
 Rep. 
 
 214 to 80 
 286 to 63 
 
 1869-1873 
 1873-1877 
 
 19. Rutherford B. Hayes 
 
 Ohio 
 
 Rep. 
 
 185 to 184 
 
 1877-1881 
 
 20. James A. Garfield 
 
 Ohio 
 
 Rep. 
 
 214 to 155 
 
 1881-1881 
 
 21. Chester A. Arthur 1 
 
 N.Y. 
 
 Rep. 
 
 
 1881-1885 
 
 22. Grover Cleveland 
 
 N.Y. 
 
 Dem. 
 
 219 to 182 
 
 1885-1889 
 
 23. Benjamin Harrison 
 
 Ind. 
 
 Rep. 
 
 233 to 168 
 
 1889-1893 
 
 24. Grover Cleveland 
 
 N.Y. 
 
 Dem. 
 
 277 to 167 
 
 I 893-1 897 
 
 25. William McKinley 
 
 Ohio 
 
 Rep. 
 
 271 to 176 
 292 to 155 
 
 1897-1901 
 1901-1901 
 
 26. Theodore Roosevelt 1 
 
 N.Y. 
 
 Rep. 
 
 336 to 140 
 
 1901-1905 
 I 905-1909 
 
 27. William H. Taft 
 
 Ohio 
 
 Rep. 
 
 321 to 162 
 
 1909- 
 
 
 ^ Raised from the vice-presidency. 
 588 
 
Appendix C 
 
 589 
 
 TABLE n — CHIEF JUSTICES OF THE SUPREME COURT 
 
 Name 
 
 1. John Jay . . . 
 
 2. John Rutledge . 
 
 3. Oliver Ellsworth 
 
 4. John Marshall . 
 
 5. Roger B. Taney . 
 
 6. Salmon P. Chase 
 
 7. Morrison R. Waite 
 
 8. Melville W, Fuller 
 
 9. Edward D. White 
 
 State 
 
 Years 
 in Office 
 
 New York 
 South Carolina 
 Connecticut 
 
 I 789-1 795 
 
 I 795-1 795 
 I 796-1 800 
 
 Virginia 
 
 1801-1835 
 
 Maryland 
 
 Ohio 
 
 Ohio 
 
 I 836-1 864 
 1864-1873 
 I 874-1 888 
 
 Illinois 
 Louisiana 
 
 1888-1910 
 1910- 
 
 TABLE III — SPEAKERS OF THE HOUSE SINCE 1861 
 
 Name 
 
 Congress 
 
 State 
 
 Party 
 
 Years 
 in Office 
 
 I. Galusha A. Grow .... 
 
 Z1 
 
 Pa. 
 
 Rep. 
 
 1861-1863 
 
 2. Schuyler Colfax. . 
 
 
 
 
 38-40 
 
 Ind. 
 
 Rep. 
 
 I 863-1 869 
 
 3. James G. Blaine 
 
 
 
 
 41-43 
 
 Me. 
 
 Rep. 
 
 1869-1875 
 
 4. Michael C. Kerr . 
 
 
 
 
 44 
 
 Ind. 
 
 Dem. 
 
 1875-1876 
 
 5. Samuel J. Randall . 
 
 
 
 
 44-46 
 
 Pa. 
 
 Dem. 
 
 1876-1881 
 
 6. John W. Keifer. . 
 
 
 
 
 47 
 
 Ohio 
 
 Rep. 
 
 1881-1883 
 
 7. John G. Carlisle 
 
 
 
 
 48-50 
 
 Ky. 
 
 Dem. 
 
 I 883-1 889 
 
 8. Thomas B. Reed . 
 
 
 
 
 51 
 
 Me. 
 
 Rep. 
 
 1889-189I 
 
 9. Charles F. Crisp 
 
 
 
 
 52-53 
 
 Ga. 
 
 Dem. 
 
 189I-1895 
 
 10. Thomas B. Reed . 
 
 
 
 
 54-55 
 
 Me. 
 
 Rep. 
 
 I 895-1 899 
 
 II. David B. Henderson 
 
 
 
 
 56-57 
 
 la. 
 
 Rep. 
 
 I 899-1903 
 
 12. Joseph G. Cannon . 
 
 
 
 
 58-61 
 
 111. 
 
 Rep. 
 
 1903-I91I 
 
 13. Champ Clark . . 
 
 
 
 
 62- 
 
 Mo. 
 
 Dem. 
 
 19II- 
 
APPENDIX D 
 
 THE STATES — AREA AND POPULATION 
 
 
 State 
 
 Became 
 Member 
 
 of 
 Union 
 
 Area 
 Square 
 Miles 
 
 Population 
 
 Electoral 
 Vote 
 
 
 1910 
 
 1900 
 
 1910 
 
 1900 
 
 Alabama 
 
 1819 
 
 52,250 
 
 2,138,093 
 
 1,828,697 
 
 
 II 
 
 Arkansas 
 
 1836 
 
 53,880 
 
 1,574,440 
 
 1,311,564 
 
 
 9 
 
 California 
 
 1850 
 
 158,360 
 
 2,377,549 
 
 1,485,053 
 
 
 10 
 
 Colorado 
 
 1876 
 
 103,925 
 
 799,024 
 
 539,700 
 
 
 5 
 
 Connecticut 
 
 1788 
 
 4,990 
 
 1,114,756 
 
 908,355 
 
 
 7 
 
 Delaware 
 
 1787 
 
 2,050 
 
 202,322 
 
 184,735 
 
 
 3 
 
 Florida 
 
 1845 
 
 58,680 
 
 752,619 
 
 528,542 
 
 
 5 
 
 Georgia 
 
 1788 
 
 59,475 
 
 2,609,121 
 
 2,216,331 
 
 
 13 
 
 Idaho 
 
 1890 
 
 84,800 
 
 325,594 
 
 161,772 
 
 
 3 
 
 Illinois 
 
 1818 
 
 56,650 
 
 5,638,591 
 
 4,821,550 
 
 
 27 
 
 Indiana 
 
 1816 
 
 36,350 
 
 2,700,876 
 
 2,516,462 
 
 
 15 
 
 Iowa 
 
 1846 
 
 56,025 
 
 2,224,771 
 
 2,231,853 
 
 
 13 
 
 Kansas 
 
 1861 
 
 82,080 
 
 1,690,949 
 
 1,470,495 
 
 
 10 
 
 Kentucky 
 
 1792 
 
 40,400 
 
 2,289,905 
 
 2,147,174 
 
 
 13 
 
 Louisiana 
 
 1812 
 
 48,720 
 
 1,656,388 
 
 1,381,625 
 
 
 9 
 
 Maine 
 
 1820 
 
 33,040 
 
 742,371 
 
 694,466 
 
 
 6 
 
 Maryland 
 
 1788 
 
 12,210 
 
 1,295,346 
 
 1,190,050 
 
 
 8 
 
 Massachusetts 
 
 1788 
 
 8,315 
 
 3,366,416 
 
 2,805,346 
 
 
 16 
 
 Michigan 
 
 1837 
 
 48,915 
 
 2,810,173 
 
 2,420,982 
 
 
 14 
 
 Minnesota 
 
 1858 
 
 83,365 
 
 2,075,708 
 
 1,751,394 
 
 
 II 
 
 Mississippi 
 
 1817 
 
 46,810 
 
 1,797,114 
 
 1,551,270 
 
 
 10 
 
 Missouri 
 
 182I 
 
 69,415 
 
 3,293,335 
 
 3,106,665 
 
 
 18 
 
 Montana 
 
 1889 
 
 146,080 
 
 376,053 
 
 243,329 
 
 
 3 
 
 Nebraska 
 
 1867 
 
 77,510 
 
 1,192,214 
 
 1,068,539 
 
 
 8 
 
 Nevada 
 
 1864 
 
 110,700 
 
 81,875 
 
 42,335 
 
 
 3 
 
 New Hampshire 
 
 1788 
 
 9,305 
 
 430,572 
 
 411,588 
 
 
 4 
 
 New Jersey 
 
 1787 
 
 7,815 
 
 2,537,167 
 
 1,883,669 
 
 
 12 
 
 New York 
 
 1788 
 
 49,170 
 
 9,113,614 
 
 7,268,012 
 
 
 39 
 
 North Carolina 
 
 1789 
 
 52,250 
 
 2,206,287 
 
 1,893,810 
 
 
 12 
 
 North Dakota 
 
 1889 
 
 70,795 
 
 577,056 
 
 319,146 
 
 
 4 
 
 Ohio 
 
 1803 
 
 41,060 
 
 4,767,121 
 
 4,157,545 
 
 
 23 
 
 590 
 
Appendix D 
 
 591 
 
 THE STATES — AREA AND POPULATION— aw/ww^aT 
 
 State 
 
 Became 
 
 Member 
 
 of 
 
 Union 
 
 Area 
 Square 
 Miles 
 
 Popu 
 
 ation 
 
 Electoral 
 Vote 
 
 
 1910 
 
 1900 
 
 1910 
 
 1900 
 
 Oklahoma 
 
 1907 
 
 70,430 
 
 1,657,155 
 
 790,205 
 
 
 7 
 
 Oregon 
 
 1859 
 
 96,030 
 
 672,765 
 
 413,536 
 
 
 4 
 
 Pennsylvania 
 
 1787 
 
 45,215 
 
 7,665,111 
 
 6,302,115 
 
 
 34 
 
 Rhode Island 
 
 1790 
 
 1,250 
 
 542,610 
 
 428,556 
 
 
 4 
 
 South Carolina 
 
 1788 
 
 30,570 
 
 1,515,400 
 
 1,340,316 
 
 
 9 
 
 South Dakota 
 
 1889 
 
 77,650 
 
 583,888 
 
 401,570 
 
 
 4 
 
 Tennessee 
 
 1796 
 
 42,050 
 
 2,184,789 
 
 2,020,616 
 
 
 12 
 
 Texas 
 
 1845 
 
 265,780 
 
 3,896,542 
 
 3,048,710 
 
 
 18 
 
 Utah 
 
 1896 
 
 84,970 
 
 373,351 
 
 276,749 
 
 
 3 
 
 Vermont 
 
 I791 
 
 9,565 
 
 355,956 
 
 343,641 
 
 
 4 
 
 Virginia 
 
 1788 
 
 42,450 
 
 2,061,612 
 
 1,854,184 
 
 
 12 
 
 Washington 
 
 1889 
 
 69,180 
 
 1,141,990 
 
 518,103 
 
 
 5 
 
 West Virginia 
 
 1863 
 
 24,780 
 
 1,221,119 
 
 958,800 
 
 
 7 
 
 Wisconsin 
 
 1848 
 
 56,040 
 
 2,333,860 
 
 2,069,042 
 
 
 13 
 
 Wyoming 
 
 1890 
 
 79,890 
 
 145,965 
 
 92,531 
 
 
 3 
 
 Total States 
 
 
 1,876,840 
 
 91,641,197 
 
 74,928,764 
 
 
 483 
 
 Territory 
 
 Area 
 Square Miles 
 
 Population 
 
 
 1900 
 
 1910 
 
 District of Columbia .... 
 
 Alaska 
 
 Arizona 
 
 Hawaii 
 
 New Mexico 
 
 Porto Rico 
 
 Philippines 
 
 70 
 
 577,390 
 113,020 
 
 6,740 
 122,580 
 
 3,600 
 1 14,000 
 
 278,718 
 
 63,441 
 122,931 
 154,001 
 195,310 
 
 957,679 
 7,000,000 
 
 331,069 
 64,356 
 
 204,354 
 191,909 
 
 327,301 
 1,118,012 
 
 
APPENDIX E 
 
 THE STATE CONSTITUTIONS 
 
 TABLE I — METHOD OF ADOPTION (i 776-191 1) 
 
 
 Without Popular Ratification 
 
 With Popular Ratification 
 
 State 
 
 1776- 
 1815 
 
 1815- 
 1845 
 
 1845- 
 1870 
 
 1870- 
 1911 
 
 1776- 
 1815 
 
 1815- 
 1845 
 
 1845- 
 1870 
 
 1870- 
 
 19II 
 
 Maine 
 
 
 
 
 
 
 1820 
 
 
 (1875) 
 
 New Hampshire. 
 Vermont 
 
 1776 
 
 JI786 
 I 1793 
 
 
 
 
 J 1784 
 '1792 
 
 
 
 
 
 
 1903 
 
 Massachusetts . . . 
 
 
 
 
 1780 
 
 
 
 
 Rhode Island.. . . 
 
 
 
 
 
 1842 
 1818 
 1821 
 1844 
 
 1838 
 
 
 
 Connecticut 
 
 
 
 
 
 
 1846 
 
 
 New York 
 
 1777 
 1776 
 i 1776 
 l 1790 
 j 1776 
 1 1792 
 
 1776 
 
 
 
 
 
 1894 
 (187s) 
 
 1873 
 
 New Jersey 
 
 Pennsylvania 
 
 Delaware 
 
 
 
 
 
 
 
 
 
 1831 
 
 
 1897 
 
 
 Maryland 
 
 West Virginia . . . 
 
 
 
 • 1864 
 
 1 1867 
 1862 
 
 ( 1850 
 
 ( 1869 
 
 1868 
 
 1868 
 
 (I865 
 
 1 1868 
 
 1868 
 1867 
 1868 
 
 
 
 
 
 
 
 1872 
 
 Virginia 
 
 1776 
 
 1776 
 (-1776 
 j 1778 
 I 1790 
 
 n777 
 ] 1789 
 C1798 
 
 
 
 1902 
 
 
 1829 
 
 North Carolina. . 
 
 
 
 187s 
 
 South Carolina. . 
 
 
 1865 
 
 1895 
 
 
 
 Georgia 
 
 Florida 
 
 
 
 1877 
 
 1886 
 
 1845 
 1819 
 1817 
 
 1865 
 1865 
 
 
 
 
 
 Alabama 
 
 
 
 
 1875 
 
 I90I 
 
 Mississippi 
 
 
 1890 
 
 
 1832 
 
 
 
 592 
 
Appendix E 
 
 593 
 
 THE STATE CONSTITUTIONS. — C^w/zwm^^ 
 
 
 Without Popular Ratification 
 
 With Popular Ratification 
 
 State 
 
 1777- 
 1815 
 
 I8I5- 
 184s 
 
 1845- 
 
 1870 
 
 1870- 
 
 191 1 
 
 1776- 
 1815 
 
 1815- 
 1845 
 
 1845- 
 1870 
 
 1870- 
 1911 
 
 Louisiana 
 
 1812 
 
 
 
 1898 
 
 
 184s 
 1845 
 
 {1852 
 I1868 
 ( 1866 
 1 1868 
 J 1864 
 1 1868 
 1870 
 
 1850 
 
 1851 
 
 1851 
 
 { 1848 
 
 1 1870 
 
 1850 
 
 1848 
 
 1857 
 1 1846 
 
 '1857 
 1865 
 
 1859 
 1867 
 
 
 Texas 
 
 
 
 1875 
 1874 
 
 Arkansas 
 
 
 1836 
 
 
 
 
 Tennessee 
 
 1796 
 
 ri792 
 
 1I799 
 1802 
 
 
 
 
 1834 
 
 Kentucky 
 
 
 
 
 
 189I 
 
 Ohio 
 
 
 
 
 
 
 Indiana 
 
 I8I6 
 I8I8 
 
 
 
 
 
 
 Illinois 
 
 
 
 
 
 
 
 Michigan 
 
 
 
 
 
 1837 
 
 
 Wisconsin 
 
 
 
 
 
 
 
 Minnesota 
 
 
 
 
 
 
 
 
 Iowa 
 
 
 
 
 
 
 
 
 Missouri 
 
 
 1820 
 
 
 
 
 
 1875 
 
 Kansas 
 
 
 
 
 
 
 Nebraska 
 
 
 
 
 
 
 
 1875 
 1889 
 1889 
 1889 
 1889 
 1876 
 1895 
 
 South Dakota . . 
 
 
 
 
 
 
 
 North Dakota. . . 
 
 
 
 
 
 
 
 
 Montana 
 
 
 
 
 
 
 
 
 Wyoming 
 
 
 
 
 
 
 
 
 Colorado 
 
 
 
 
 
 
 
 
 Utah 
 
 
 
 
 
 
 
 
 Nevada 
 
 
 
 
 
 
 
 1864 
 
 Idaho 
 
 
 
 
 
 
 
 1889 
 1889 
 
 W^ashington 
 
 
 
 
 
 
 
 
 Oregon 
 
 
 
 
 
 
 
 1857 
 1849 
 
 California 
 
 
 
 
 
 
 
 1879 
 1907 
 
 Oklahoma 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 The dates given above are the years in which the constitutions were 
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INDEX' 
 
 Abolitionists, the, i6o. 
 Accidents, industrial, 511-512. 
 Adams, C. F., 520. 
 Adams, H. C, Science of Finance, 
 
 quoted, 262, 
 Adams, John (President), 76, 121, 
 
 126, 519; letter of, 104. 
 Adams, John Q. (President), 139, 
 
 263, 441. 
 Adams, Samuel, 73. 
 Administration : centralization of 
 
 national, 284; decentralization of 
 
 state, 356, 387-389, advantages of 
 
 same, 390; state boards of, 359; 
 
 city boards of, 410. 
 Administrative law, 23, 208. 
 Agriculture, department of, 312-313. 
 Agricultural schools, land grants to, 
 
 535- 
 
 Alabama : state of, 136 j government 
 in, 376, 426. 
 
 Alabama claims, 521. 
 
 Alaska: purchase of, 273; govern- 
 ment of, 526 ; coal disputes in, 547. 
 
 Albany plan of Union, 63. 
 
 Alien Act (1798), 126. 
 
 Almshouse, the county, 398. 
 
 Amendment. See Constitution. 
 
 American Association, the, 75. 
 
 American System, 141, 501. 
 
 Andros, Edmund, 62. 
 
 Angevin kings, 34-35- 
 
 Anglo-Saxons. See England. 
 
 Animal industry, bureau of, 313. 
 
 AnnapoUs Conference, the, 92. 
 
 Anti-federaUsts, the, 100. 
 
 Anti-trust laws: of the states, 184, 
 508-509; of the United States 
 (1890), 184, 509. 
 
 Appalachian forest reserve, 539. 
 
 Appointments: historical, 237, 290, 
 293 ; by the President and Senate, 
 237, 291, 294-295, 334; in cities, 
 411; in all governments, 452. 
 
 Apportionment of United States rep- 
 resentatives, 246-247. 
 
 Arbitration: industrial, 513; inter- 
 national, 525. 
 
 Aristocracy, definition of an, 7. 
 
 Army, control of, 270. 
 
 Assessors, county, 396. 
 
 Attorneys, coimty, 396. 
 
 Attorney -general, duties of, 312. 
 
 Attorney -generals, state, 358. 
 
 Auditors : coimty, 395 ; city, 409. 
 
 Australian ballot, 188, 428-429, 
 
 B 
 
 Eagehot, Walter, reference to, 
 330. 
 
 Ballot : history of the, 428 ; the Aus- 
 tralian, 428-429. 
 
 Bank, national: the first, organized, 
 123; the second, chartered, 136; 
 controversy over second, 145. 
 
 Banking system, national, 492, 493. 
 
 Bankruptcy laws, 201, 278. 
 
 Bicameral legislatures in Eturope and 
 America, 225. 
 
 Bills of Rights: early state, 79; in 
 national Constitution, 102, 457- 
 461 ; in state constitutions, 349, 
 
 457, 461-464- 
 Bills, distinguished from orders and 
 
 resolutions, 229. 
 Bimetalhsm, 486-490. 
 Blackstone's Commentaries, 14. 
 Blaine, James G., 442, 443. 
 Bland- Allison Bill, 186, 490. 
 
 1 The index covers only the numbered sections of the text, all references being 
 to pages. Where the reference covers more than three pages, the Topical Analysis 
 should be consulted. 
 
 617 
 
6i8 
 
 Index 
 
 "Body of Liberties," the, 50. 
 
 Bonds, sale of, 269. 
 
 Boss, the pohtical party, 142, 447. 
 
 Boston Tea Party, the, 74. 
 
 Bryan, WiUiam J., 443, 444- 
 
 Bryce, James, The American Com- 
 monwealth, references to, iii, 255, 
 292. 
 
 Bundesstaat, a, 8. 
 
 Burgess, John W., quoted, 159, 215. 
 
 Burr, Aaron, 127. 
 
 C 
 
 Cabinet Government: nature of 
 16, 40, 328; development of, 40; 
 advantages of, 329; disadvantages 
 
 of, 330- 
 
 Cabinet, the American: organized, 
 119; composition now, 303 ; mem- 
 bers of, in Congress (proposed), 
 338. See Topical Analysis, chap. 
 XV. 
 
 Calhoun, John C, 144. 
 
 California: admission of, 161; gov- 
 ernment of, 406, 407, 425, 467. 
 
 Campaign, the political: first used, 
 142; present methods, 287. 
 
 Canals: Panama, 277; state and 
 national, 544-545. 
 
 Canning, George, 139. 
 
 Carey act, 537. 
 
 Carolina, colonial government of, 
 47, 56. 
 
 "Carpet bag" government, 176. 
 
 Caucuses, use of party, 230, 234. 
 
 Census bureau, the, 314. 
 
 Centralization in government : in gen- 
 eral, 16, 198; in the United States, 
 198-200. 
 
 Charities, public, 397-399. 
 
 Charles I, 48. 
 
 Charters : colonial, 44, 45 ; of 1606, 
 45 ; of Virginia, 46 ; of New Eng- 
 land, 49-51 ; importance of, $3- 
 
 Charters, city, 405-407. 
 
 Checks and balances in the United 
 States government, 16, 103, 104, 
 
 331. 
 Cherokee Case, 144. 
 Chicago, 544. 
 Child labor, 514. 
 Chisholm v. Georgia, 120. 
 Church and State: in England, zs'. 
 
 in America, 49; final separation 
 of, 140. 
 
 Circuit Court, national, 120, 325. 
 
 Circuit Courts of Appeals, 324. 
 
 Citizen of a state, rights of, 216, 
 217. 
 
 Citizen of United States: status of, 
 215; privileges of, 216. 
 
 Citizenship: in ancient and modem 
 States, 9; in United States, dual 
 character of, 212, controversies 
 over, 213; duties of, 553-558. 
 
 City government: in England, 37; 
 in America before i860, 152. At 
 present, see Topical Analysis, chap. 
 XXL 
 
 City State, 7 
 
 Civil Rights Bill, the, 172, 214. 
 
 Civil Rights Cases, the, 175. 
 
 Civil Rights in the United States. 
 See Topical Analysis, chap. XXIV. 
 
 Civil service reform, 189, 295, 411; 
 national Commission of, 313. 
 
 Civil War: causes of, 164; begin- 
 nings of, 167; progress of, 168-170, 
 516; influences of, 171-182. 
 
 Claims, court of, 325. 
 
 Clay, Henry, 141, 263, 441, 442. 
 
 Clerks, county, 395. 
 
 Cleveland, Grover (President), 189, 
 297, 443, 448, 502, 522-523. 
 
 Coal, conservation of, 545-547. 
 
 Coast defence, 272. 
 
 Coinage, 270, 279, 489, 490, 492- 
 494. 
 
 Colonies : see Topical Analysis, chap. 
 Ill; control of present, by United 
 States, 190, 525-527- 
 
 Colorado, 547. 
 
 Columbia, District of: slavery in, 
 160; government of, 274. 
 
 Comity, interstate, 369. 
 
 Commerce, Court of, 325, 505. 
 
 Commerce : need of national control 
 in 1787, 99, 276; development of, 
 after Civil War, 217; control of, 
 by Congress, 276-278. See Rail- 
 ways. 
 
 Commerce, Department of, 3i3~3i4- 
 
 Commissioners, county, 52, 394, 395- 
 
 Commission government for cities, 
 407. 
 
 Commercial treaties, 277. 
 
 Committees, conference, 230. 
 
Index 
 
 619 
 
 Committees, congressional; in the 
 Senate, 235, 236; in the House, 
 254; criticism of, 255 ; advantages 
 of, 256. 
 
 Committees of Correspondence, 73. 
 
 Committees of the whole : historical 
 use of, 94-96, 297 ; at present, 257. 
 
 Committees, poUtical party : work of, 
 444-445 ; of the nation, 445 ; of the 
 state and locaUties, 446. See also 
 Machine. 
 
 Common carriers, 504. 
 
 Commons, House of, 35, 36, 40, 328- 
 
 329- 
 
 Compensation : see Salaries ; for in- 
 dustrial accidents, 511-512. 
 
 Compromises: need for, 96; over 
 composition of Congress, 96 ; over 
 counting of slaves, 97 ; over slave 
 trade and navigation acts, 98 ; over 
 assumption of state debts, 122; 
 over slavery in Missouri, 137 ; over 
 slavery (1850), 161. 
 
 ConciHation, industrial, 513. 
 
 Confederacy, character of a, 7. 
 
 Confederacy, Southern, 164, 168, 520. 
 
 Confederation, Articles of, 80-83. 
 
 Confederation, the : formation of, 80 ; 
 character of, 81 ; defects of, 82 ; 
 failure of, 83 ; revenue under, 269. 
 
 Confederation, the New England, 
 62. 
 
 Congresses, early: Albany (1754), 
 63; Stamp Act (1765), 72; First 
 Continental (1774), 74; Second 
 Continental (1775), powers exer- 
 cised, 75; authority of, 76; de- 
 clares independence, 77. 
 
 Congress of the Confederation : com- 
 position and powers of, 81 ; decay 
 of, 82 ; lack of financial power of, 
 83; position regarding constitu- 
 tional convention, 92 ; end of, 102. 
 
 Congress, United States: composi- 
 tion of, in Virginia plan, 95 ; pres- 
 ent composition of, 224; powers of, 
 in outUne, 107, 205-207 ; limita- 
 tions upon powers of , no, 210, 211 ; 
 impUed powers of, 123, 139, 206; 
 and the judiciary, 321-322, 338, 
 339; and the President, 171-173, 
 191, 270, 296-299, 332-338. See 
 also Topical Analysis, chaps. XI- 
 
 xm. 
 
 Congressmen: privileges of, 227; 
 pay of, 228. 
 
 Conkling, Roscoe, 443. 
 
 Connecticut: colony of, 50, 51, 54, 
 56; state of, 79, loi, 140; govern- 
 ment in, 355, 357,425. 
 
 Conservation: of Ufe, 513-514, 550; 
 of natural resources, 531-533, 
 539-550; 
 
 Conservation commissions, 532, 542. 
 
 Constitution: general natiu'e of a, 
 1 1 ; distinction between a written 
 and unwritten, 1 1 ; relation of a 
 written to its unwritten, 12, 192- 
 193 ; development of a written in 
 America, 53-55, 64, 79, 93-100. 
 See Unwritten constitution. 
 
 Constitution of the United States: 
 formation of, 93-100; ratification 
 of, 100-102 ; character of, 102-104 j 
 national theory of, 104, 105, 145; 
 compact theory of, 105, 164; pro- 
 visions of, 106-110; sources of, 
 iio-iii ; method of amendment of, 
 99, 219; first ten amendments gI 
 102 ; XI amendment of, 120; XE 
 amendment of, 127; XIII amend- 
 ment of, 174 ; XIV amendment oit, 
 174, 213-215, 246, 533 ; XV amend- 
 ment of, 174; loose construction 
 of, 123, 139, 205; strict construc- 
 tion of, 123 ; interpretation of, 
 316-319; rights guaranteed by, 
 457-461. 
 
 Constitutions of the states : first, 78- 
 80; second period of, 131; third 
 period of, 147 ; historical develop- 
 ment of, 346-347; process of 
 forming, 347; amendment of, 
 348 ; contents of, 348. 
 
 Constitutional law, 23. 
 
 Consular service, 305. 
 
 Contracts: interstate law regarding, 
 370; non-impairment of, 139, 461. 
 
 Controller of the Currency, the, 310. 
 
 Controllers, state, 358. 
 
 Conventions, constitutional: of 1787, 
 91-100 ; of the states, 79, 346-348. 
 
 Conventions, nominating : first used, 
 141; national, 287, 447-448; state 
 and local, 449. 
 
 Copyright, 310. 
 
 Coroners, county, 396. 
 
 Corporation, Bureau of, 313. 
 
620 
 
 Index 
 
 Corporations: consolidation of, 183, 
 507; control of, 184, 506-509; di- 
 verse state laws regarding, 368. 
 
 Corporations, public, definition of, 
 392, 394. 
 
 Corporation taxes, 368, 480. 
 
 Council, municipal : history of, 405 ; 
 organization of, 407; powers of, 
 408. 
 
 County government: in England, 
 32, 36; in colonial America, 45, 
 48, 52 ; changes in, after 1800, 152 ; 
 home rule in, 389; at present, 
 394-396. 
 
 Courts. See Judiciary. 
 
 Crime: diversities in state laws re- 
 garding, 368; methods used for 
 punishment of, 378-381. 
 
 "Crime of 1873," 186, 490. 
 
 Criminal law, 23. 
 
 Crown. See King. 
 
 Cuba, relations with, 189. 
 
 Currency: before Civil War, 181; 
 since Civil War, 181, 186. See 
 Topical Analysis, chap. XXVI. 
 
 Custom as a form of law, 21. 
 
 Customs Court of Appeals, 325, 502. 
 
 Customs duties, as a tax, 475. See 
 also Tariffs. 
 
 D 
 
 Dartmouth College Case, 139, 
 
 533 note. 
 Debts, public: debate upon, 122; 
 
 municipal, 417. 
 Declaration of Independence, 76-78. 
 Declarations of Rights (1765), 72, 
 
 (1774), 74- 
 Declaratory act, the, 72. 
 Delaware : colony of, 55 ; state of, 
 
 loi ; government in, 346, 348, 361, 
 
 425- 
 
 Democracy : definition of, 7 ; differ- 
 ence, between a pure and a repre- 
 sentative, 15; modern develop- 
 ment of, 27 ; increase of, in United 
 States, 127, 135, 147-153, 186-187, 
 194, 346-347, 432-435. 
 
 Democratic party : before 1861, 162, 
 164, 440, 441 ; since 1861, 442-444. 
 
 Democratic-Republican party, 124, 
 125, 127, 130, 136, 440. 
 
 Departments. See Government ; Con- 
 
 gress; President; State; Treas- 
 ury, etc. 
 
 Desert land act, 537. 
 
 Diplomacy: of the past, 518-525; 
 of the future, 220, 515. 
 
 Diplomatic service : 304 ; reform of, 
 305. 
 
 Direct primary, 188, 234, 453. 
 
 Discrimination, railway, 504, 505. 
 
 Dispensaries, free, 398. 
 
 Dispensary, the South Carolina, 376. 
 
 District of Columbia, 160, 161, 274. 
 
 District courts, national, 325. 
 
 Divine right theory of the State, 4. 
 
 Divorce laws, diversities in, 367. 
 
 Docks, municipal ownership of, 415. 
 
 Douglas, Stephen A., 162. 
 
 Dred Scott Case, 163. 
 
 E 
 
 Eastman, Crystal, quoted, 511. 
 
 Education: and democracy, 151; 
 national commissioner of, 310; 
 state superintendents of, 358, 373; 
 state boards of, 372 ; county boards 
 of) 373 )' county superintendents 
 of, 396; city boards of, 373, 410- 
 411. _ 
 
 Educational land grants, 151, 308, 
 
 371, 374, 535- 
 
 Edward the Confessor, 33. 
 
 Egbert, King, 32. 
 
 Elastic clause, the, 108, 280-281. 
 
 Elections: registration for, 427 ; bal- 
 lots used in, 428; voting at, 429- 
 
 430. 
 
 Elections, presidential: of 1800, 127, 
 262; of 1824, 263; of 1828, 143; 
 of 1856, 162 ; of i860, 164; of 1876, 
 176; of 1880, 442; of 1888 and 
 1892, 185, 443; of 1896, 186, 443; 
 of 1900, 444. 
 
 Electoral "College," the, 99, 288. 
 
 Electoral Commission, 176, 289. 
 
 Electoral Count Bill, 289. 
 
 Electric lighting of cities, 414. 
 
 Elmira plan of reforming criminals, 
 380. 
 
 Emancipation: before 1787, 86, 103; 
 before 1845, 159; the Proclama- 
 tion of, 169 ; by XIII amendment, 
 174. 
 
 Embargoes, failure of, 129. 
 
Index 
 
 621 
 
 Eminent Domain, use of, 412, 463. 
 
 Employers' liability, 511-512. 
 
 England : constitutional develop- 
 ment in, 31-41 ; and the colonies, 
 58-59, 68-77 .' constitution of, com- 
 pared with American system of 
 government, 64-65, 327-332 ; dip- 
 lomatic relations of, with United 
 States 518-521, 523, 525; com- 
 pensation for industrial accidents 
 in, 512. 
 
 Entomology, Bureau of, 313. 
 
 Equality, kinds of, 24. 
 
 Equalization, boards of, 480. 
 
 Equity: courts of, 360, 511 ; nature 
 of, 465- 
 
 Erie canal, 535, 544. 
 
 Evolution as a process of growth, 25. 
 
 Rx post facto laws, no, 458. 
 
 Executive councils, state, 358. 
 
 Executive department, work of the, 
 
 17- 
 Executive departments : see Topical 
 
 Analysis, chap. XV; relation to 
 
 Congress, 332. 
 Executive sessions of the Senate, 
 
 226. 
 
 Factory legislation, 511. 
 
 Federal State: definition of a, 8; 
 United States an example of, 102. 
 The x^merican : maintained by the 
 Constitution, 103, 200 ; a centurj^'s 
 changes in, igi, 199, 200, 218; in- 
 terdependence of nation and states 
 in, 109, 211; permanence of, 218- 
 220. 
 
 Federalists, the : efforts to ratify Con- 
 stitution, 100; later organization 
 of, 125, 128, 439, 440. 
 
 Federalist, the, loi. 
 
 Feudal State, a, 7. 
 
 Filibustering, 230, 237. 
 
 Finance: national; under Confedera- 
 tion, 82-83 ; methods of Con- 
 gress, 258-261 ; reform of same, 
 261-262 ; sources of revenue, 474- 
 477; state, 354, 382; school, 374; 
 city, methods, 408, 409, 434 ; data, 
 416-417. 
 
 Fire: city departments of, 410; 
 wastes of, 549. 
 
 Fish, protection of, 313, 548. 
 
 Fish, Hamilton, 522. 
 
 Floods, prevention of, 541. 
 
 Florida: acquisition of, 273 ; govern- 
 ment in, 346. 
 
 Food, inspection of, 382, 413. 
 
 Foreign relations, 518-525. 
 
 Foreigners: immigration of, 146; in 
 our cities, 404. 
 
 Forest service, national, 312, 541. 
 
 Forests, conservation of, 539-541. 
 
 France : Constitutions of, 5, 13 ; 
 Senate of, 232; in Mexico, 522. 
 
 Franchise, the. See Suffrage. 
 
 Franchises, municipal, 412, 413, 415. 
 
 Franklin, Benjamin, 63, 76, 93, 519. 
 
 Freedmen's Bureau, 171. 
 
 "Free-silver," 443. 
 
 "Free-trade," 443, 498, 500. 
 
 Fugitive slave act: of 1793, 159; of 
 1850, 161, 164. 
 
 G 
 
 Gadsden purchase, 273. 
 
 Gallatin, Albert, 137. 
 
 Garfield, James A. (President), 442, 
 
 443, 518. 
 Gas supply of cities, 414. 
 General property tax, the, 382, 416, 
 
 478-480. 
 Geneva award, the, 521. 
 Geological Survey, 310. 
 George III, 40, 69-77, 293- 
 Georgia : colony of, 55, 74 ; state of, 
 
 loi, 120, 144, 149, 172, 188, 225; 
 
 government in, 376, 394, 426, 
 
 433- 
 
 Germany : Bundesrath of, 233 ; in- 
 dustrial insurance in, 512. 
 
 Gerrymandering, 249. 
 
 Government: the departments of, 
 13; the forms of, 15-17; theories 
 concerning the office of, 18; con- 
 stituent functions of, 19; minis- 
 trant functions of, 19, 382, 406; 
 limits of action of, 20 ; relation of 
 departments of, to each other, 327- 
 332. 
 
 Governor, colonial: powers of, 55; 
 contests of, with assembUes, 57. 
 
 Governor, state: position in early 
 times, 80, 291 ; present powers of, 
 357 J qualifications and election 
 of, 359. 
 
622 
 
 Index 
 
 "Grandfather" clauses, i88, 426. 
 Grant, Ulysses S. (President), 173, 
 
 189, 422, 448. 
 Great Britain. See England. 
 Greenback party, 444. 
 Greenback party. See Notes, U. S. 
 
 H 
 
 Habeas Corpus, writ of : in Magna 
 Charta, 34; in 1600, 37; law of 
 1679, 38; suspension of, general, 
 no, 211, 459; during Civil War, 
 169, 173, 340- 
 
 Hague peace conferences, 525. 
 
 Hale, Edward E., reference to, 530. 
 
 Hamilton, Alexander: before 1789, 
 91, 93, 100, 102, 317; as Secretary 
 of the Treasury, 119, 121, 123, 489; 
 as party leader, 124, 439. 
 
 Hanoverian kings, 40-41, 58, 71 e/ seq. 
 
 Harrison, Benjamin (President), 308, 
 
 443. 
 
 Hart, A. B., quoted, 549. 
 
 Hartford Convention, the, 130. 
 
 Hawaii: annexation of, 190, 273; 
 government of, 522. 
 
 Hayes, Rutherford B. (President), 
 442, 490, 518. 
 
 Health, public, 382, 413. 
 
 Henry, Patrick, 72, 93, loi. 
 
 Hinsdale, Burke A., quoted, 229. 
 
 Homestead Act, 308, 535-537, 539- 
 
 Homestead exemption laws, 151, 466. 
 
 Hospitals, pubHc, 398. 
 
 "House of governors," 367. 
 
 House of Representatives (national) : 
 proposed representation in, 96; 
 composition of, 97, 245-246 ; pow- 
 ers of, in outline, 106; first or- 
 ganization of (1789), 119; special 
 powers of, 258-263. See Topical 
 Analysis, chap. XII. 
 
 Houses of Representatives, state: 
 composition of, 351 ; special pow- 
 ers of, 355. 
 
 Howard, George E., reference to, 393. 
 
 Idaho, government in, 427, 467. 
 Illinois: state of, 136; proportional 
 
 representation in, 249, 431; local 
 
 government in, 393. 
 
 Immigration, foreign: influence of, 
 146; restrictions upon, 314. 
 
 Impeachment: of President John- 
 son, 173; process of, 238; useless- 
 ness of, 334 ; method in states, 359. 
 
 Implied powers: Hamilton upon, 
 123; Supreme Court upon, 139, 
 281. 
 
 Inauguration, the presidential, 291. 
 
 Income taxes, 476-477. 
 
 Independence, the Declaration of, 
 76-78. 
 
 Indian policy of the United States, 
 
 309. 
 Indiana, state of, 136; government 
 
 in, 357- 
 Individualist theory of government, 
 
 18. 
 Industrial accidents, compensation 
 
 for, 511-512. 
 Industry: before Civil War, 181; 
 
 after Civil War, 181-183, 506-513. 
 Inheritance laws, 61 : interstate rules 
 
 regarding, 370. 
 Inheritance taxes, 477, 478. 
 Initiative, the, 187, 433-435- 
 Injunction, use of, 513. 
 Insane, care of, 396. 
 Insular cases, 272. 
 Interior, department of, 308-310. 
 Internal improvements, 137, 277, 
 
 278, 503. 
 International law, 23. 
 Interstate Commerce Act, 183, 504. 
 Interstate Commerce Commission, 
 
 183, 278, 313, 504-505. 
 Iowa, govermnent in, 348. 
 Irrigation, act of, 1902, 537-538. 
 Italy, dispute with (1891), 203. 
 
 Jackson, Andrew (President), 130, 
 143, 144, 145, 263, 340, 440. 
 
 Jails, local, 380. 
 
 Jay, John, 100, 124, 519. 
 
 Jay's treaty, 124, 519. 
 
 Jefferson, Thomas (President) : 
 before 1800, 76, 86, 93, 123-125, 
 159, 439; as President, 127-129, 
 262, 340, 440. 
 
 John, King, 34. 
 
 Johnson, Andrew (President), 171- 
 173, 239. 
 
hidex 
 
 623 
 
 Judges, national, 109, 320. 
 
 Judges, state, 149, 361. 
 
 Judicial department, functions of, 18. 
 
 Judicial interpretation, rules of, 319. 
 
 Judiciary act: of 17S9, 120, 319; of 
 1801, 339; of 1891, 320. 
 
 Judiciar>% English, 36. 
 
 Judiciary, municipal, 411. 
 
 Judiciary, state : early, 80 ; creation 
 of an elective, 149; relation to 
 national courts, 207, 322; scope 
 of work of, 360; system of courts 
 of, 360; judges of, 361. 
 
 Judiciary, United States: proposed 
 imperfect jurisdiction of, 98; or- 
 ganization of, 108; outline of 
 powers of, 109 ; first organization 
 of (1789), 120; important decisions 
 of, 120, 121, 138, 139, 144, 163, 175, 
 281, 319, 339, 491; and other de- 
 partments, 321,33 8-3 40 . See Topi- 
 cal Analysis, chap. XW. 
 
 Jury : trial by, 34, 460, 464-467. 
 
 Justice, administration of, 361. 
 
 Justices of the peace: historical, 37, 
 48, 149 ; at present, 360, 361, 394. 
 
 Juvenile courts, 379. 
 
 Kansas : territory of, 162 ; govern- 
 ment in, 426. 
 
 Kansas-Nebraska Bill, the, 162. 
 
 Kentucky : state of, 86 ; resolutions 
 of, 126, 127, 318. 
 
 King's Council, 2>?>- 
 
 King, EngUsh: contest with people, 
 34) 35. 36, 39; contests with colo- 
 nies, 54, 58, 69-77. 
 
 "Know-nothing" party, 280, 442. 
 
 "Ku Klux Klan," the, 176. 
 
 Labor : national department of, 313 ; 
 state bureaus of, 511 ; legislation 
 regarding, 151, 509-514. 
 
 Lake to Gulf deep waterway, 545. 
 
 Land policy of United States, 308, 
 533-541, 545-550. 
 
 Land cessions of the states, 84, 272. 
 
 Law: growth of, 21 ; relation to lib- 
 erty, 21, 23; relation to govern- 
 ment, 22 ; kinds of, 27,. 
 
 Lease of coal lands, 547. 
 
 Legal Tender Cases, 175, 281. 
 
 Legislature : the proper functions of, 
 17; the colonial, 55-58. 
 
 Legislature, the state: powers of 
 (1776), 80,^ (1901), 354, 386, 405, 
 406; restrictions upon, 148, 186, 
 352-354, 389; sessions of, 351; 
 in general, 352-356. 
 
 Liabihty, employers', 511-512. 
 
 Libel, law of, 459, 463. 
 
 Liberty, civil, pohtical, reUgious, and 
 industrial : in general, 23 ; in Eng- 
 land (1600), 37-38; in the colo- 
 nies, 59-62; increase of, 151; at 
 present, see Topical Analysis, chap. 
 XXIV. See also Suffrage. 
 
 Licenses, conditions of granting, 376- 
 
 377- 
 Lieutenant-governor of the states, 
 
 359. 
 Life, conservation of himian, 382, 511, 
 
 513-514, 550- 
 Lincobi, Abraham (President), 164, 
 
 169, 171, 234, 292, 340, 530. 
 Liquor problem, the, 375-378. 
 Local government: in England, 31, 
 
 32, 33, 36 ; types of, in America, 45, 
 
 390. See Topical Analysis, chap, 
 
 XX; also Town; County; and 
 
 City. 
 Locke, John, 47, 56. 
 Lodging-houses, city, 399, 415. 
 'Log-rolling," 230. 
 Lords of Trade, 55, 56, 58, 318. 
 Lords, House of, 35, 36, 232. 
 Los Angeles, 542. 
 Louisiana : constitution of, 188, 289, 
 
 346, 349, 426; parish of, 394. 
 Louisiana purchase, the: 127, 273; 
 
 constitutionahty of, 128; influence 
 
 of, 128-130; slavery in, 138, 160, 
 
 162, 163. 
 Lynchings, 381. 
 
 M 
 
 Machine, the pohtical: develop- 
 ment of, 142 ; character of, 446, 
 447; work of, 447, 449, 450, 452. 
 
 McConachie's Congressional Com- 
 tnittees, quoted, 252. 
 
 McCulloch V. Maryland, 139. 
 
 Madison, James (President), 86, 92, 
 93, 94, 100, loi, 102, 137. 
 
624 
 
 Index 
 
 Magna Charta, granted, 34. 
 
 Maine: admission of, 138; govern- 
 ment in, 358, 425. 
 
 Maine, destruction of the, 190, 
 
 McKinley, William (President), 296, 
 297, 443, 444, 501, 518. 
 
 Manufactures, Bureau of, 313. 
 
 Marhury v. Madison, 121, 319. 
 
 Marriage laws, diversities in, 367. 
 
 Marshall, John, C. /., loi, 120, 121, 
 139, 144, 340. 
 
 Maryland : colony of, 47, 57 ; refuses 
 to ratify Articles of Confederation, 
 81, 84; as state, loi, 140; govern- 
 ment in, 348. 
 
 Massachusetts: colony of, 49, 50, 51, 
 56, 57, 63, 72, 73, 74, 78 ; state of, 
 79, 87, 140, 347 ; ratifies Constitu- 
 tion, loi ; present government in, 
 348, 358, 374, 425, 428. 
 
 MaximiUan: Emperor, 518. 
 
 Mayors : former position of, 152, 405 ; 
 two kinds of, 408-409, 
 
 Measures, standards of, 279. 
 
 Mechlenburg Resolutions, 76. 
 
 Message : the presidential, 297, 335 ; 
 the gubernatorial, 357 ; the special, 
 
 297, 335- 
 
 Mexico: war with, 160; land cession 
 by, 161, 273; Maximilian in, 518. 
 
 Michigan: financial experiments of, 
 150; government in, 348, 462. 
 
 Militia: organization of, 271 ; use of, 
 184, 293. 
 
 Milligan Case, the, 169. 
 
 Minerals, conservation of, 545-548. 
 
 Mines, bureau of, 310. 
 
 Minnesota, government in, 406, 407, 
 467. 
 
 Mississippi: state of, 172; govern- 
 ment in, 187, 346, 425. 
 
 Missouri : admission of, 137-138 ; city 
 charters in, 406, 407. 
 
 Missouri Compromises: 137, 138; 
 repeal of, 162 ; Supreme Court on, 
 163. 
 
 Monarchies, 7, 15. 
 
 Money. See Coins; Currency; and 
 Paper money ; also Topical Analy- 
 sis, chap. XXVI. 
 
 MonometaUism : meaning of, 488; 
 in the United States, 490, 492. 
 
 Monopolies : control of, 509; ex- 
 istence of, 531 and note. 
 
 Monroe, James (President), 139, 143. 
 Monroe Doctrine: original aim of, 
 
 139; history of, 521-523. 
 Montana, government in, 467. 
 Montesquieu's Esprit de Lois, 13. 
 Montford, Simon de, 34. 
 Morris, Gouverneur, 93. 
 Moses, Professor, reference to, 529. 
 ''Most favored nation" clauses, 277. 
 
 N 
 
 Napoleon I, 124, 128. 
 
 Napoleon III, 522. 
 
 Nation, definition of a, 3. 
 
 Nation State, definition of a, 7. 
 
 National committees of political par- 
 ties, 445-446. 
 
 National Conventions: organization 
 of, 447 ; work of, 287, 448. 
 
 Nationality: what comprises, 3, 115; 
 development of, in modern times, 
 27; in America (1760), 70; contest 
 of, with particularism, 80, 84, 95- 
 96, 100-102, 117, 118, 145, 198- 
 199; three periods of development 
 of, 116; increase of, after 1810, 129, 
 135-137, 139, 145-147, 168, 181, 
 199 ; consult also Topical Analysis, 
 chaps. VI-IX. 
 
 Natural theory of the State, 5 ; ex- 
 hibited in American history, 6. 
 
 Naturalization: history of laws of, 
 279; two kinds of, 280; process 
 of individual, 218. 
 
 Navigation acts: British, 60, 71; 
 compromise over American, 98, 276. 
 
 Navy: need of a, 271; department 
 of the, 311. 
 
 Nebraska, government in, 234, 393, 
 433- 
 
 Neutrality, Proclamation of, 124, 524. 
 
 Nevada, government in, 467. 
 
 New England Confederation, the, 62. 
 
 New Hamphsire, state of, 78, 86, loi. 
 
 New Jersey : state of, 10 1 ; govern- 
 ment in, 357. 
 
 New Jersey plan: provisions of, 95; 
 rejection of, 96. 
 
 New York: colony of, 63, 73; state 
 of, 81, 83, 92, 140, 503, 512, 540, 
 543; ratified Constitution, loi; 
 government in, 345, 348, 373, 392. 
 New York City, 542. 
 
Index 
 
 625 
 
 Nominations: presidential, 287, 448; 
 state and local, 449; importance 
 of, 452; direct, 453. 
 
 North Carolina : state of, 102, 105 ; 
 government in, 188, 357, 359, 426. 
 
 Notes, United States, 175, 270, 491. 
 
 Nullification : threatened in Ken- 
 tucky, 127; used in Georgia, 144; 
 by South Carolina, 144-145. 
 
 O 
 
 Office-holders, qualifications of, 
 428. 
 
 Ohio: state of, 136, 149; govern- 
 ment in, 348, 376. 
 
 Olney, Richard, 522. 
 
 Ordinance of 1787, the, 85, 159, 273. 
 
 Ordinary, the, in Georgia, 394. 
 
 Oregon : territory, 161, 273 ; state, 
 
 433- 
 Osgood, Professor, reference to, 53. 
 Otis, James, 71. 
 
 Pacific Railways, land grants to, 
 
 535. 
 Paine, Thomas, 76, 91. 
 Panama canal, 277, 311, 521. 
 Paper money, 83, 175, 270, 491-492. 
 Pardon, executive power of, 299, 357. 
 Paris, the Declaration of, 520. 
 Parish government: in England, 34, 
 
 37 ; in Virginia, 47. 
 Parks : city, 414 ; state and national, 
 
 540- 
 Parliament: beginnings of, 34, 35, 
 
 225; powers of, 36, 40, 41; and 
 
 the colonies, 59, 70. 
 Parliamentary government. See 
 
 Cabinet government. 
 Particularism. See Nationality. 
 Party, the political, in the United 
 
 States. See Topical Analysis, 
 
 chap. XXIII; also xmder names 
 
 of parties. 
 Passes, railway, 505. 
 Patents, process of obtaining, 310. 
 Payne- Aldrich tariff, 185, 502. 
 Peace conferences, 525. 
 Peace, promotion of, 524-525. 
 Penal codes, 464. 
 Pendleton Act, 189, 296. 
 2.% 
 
 Penitentiaries, 380. 
 
 Pennsylvania: colony of, 52, 55, 56, 
 
 60; state of, loi, 225. 
 Pensions, 309. 
 People's party, 443, 444. 
 Philippines: cession of, 190, 273; 
 
 rebeUion in, 190; government of, 
 
 527- 
 
 Phosphate lands, 548. 
 
 Pinchot, G., 532, 544. 
 
 Piracy, pimishment of, 280. 
 
 Plant Industry, Bureau of, 313. 
 
 Plutarch, stor>' from, 525. 
 
 "Pocket veto," the, 231. 
 
 PoUce department, city, 410-411. 
 
 PoUtical societies, i, 2. 
 
 Pools, prohibition of, 504. 
 
 "Pork barrel," 544-545. 
 
 Porto Rico: cession of, 190, 273; 
 government in, 527. 
 
 Postal savings banks, 307. 
 
 Post-office department, 306-308. 
 
 President, the: nomination and elec- 
 tion of, 99, 262, 286-290, 447-449; 
 powers of, in outline, 108 ; changes 
 in power of, 143, 284; military 
 power of, 169, 292, 293, 335; and 
 Congress, 171-173, 191, 270, 296- 
 299, 332-338 ; and the Senate, 237- 
 239, 294, 298, 334 ; and the courts, 
 169, 340. See also Topical Analy- 
 sis, chap. XIV. 
 
 Presidential government : character 
 of, 16, 330; advantages of, 331. 
 
 Previous question, the: lack of, in 
 the Senate, 237; in the House, 
 
 251- 
 
 Primary, the : character of, 450 ; and 
 the machine, 447, 450; reform of, 
 450-451 ; problem of, 451. 
 
 Prisons, method of state, 379. 
 
 Private cars, goverimient control of, 
 
 504- 
 Private law, 23, 208. 
 Privy Coimcil: before 1600, ^s; 
 
 orders from, 36, 58. 
 Probate, courts of, 360. 
 Probation, use of, 379. 
 Prohibition: state, 377; party, 444. 
 Proportional representation, 249, 
 
 430-432. 
 "Protection," 499-502. 
 PubUc administrators, of the county, 
 
 396. 
 
626 
 
 Index 
 
 Public domain: creation of, 84; en- 
 largement of, 273, 533 ; disposal of, 
 534-539; conservation of, 539-541, 
 545-550; government of, 85, 274, 
 520-523. 
 
 Public law, kinds of, 23. 
 
 Public safety, (city) department of, 
 410. 
 
 Public service commissions, 383, 506. 
 
 Public works : state superintendent 
 of, 358; (city) department of, 40. 
 
 Pure food laws, 382. 
 
 Puritans, institutions and ideas of, 
 48-49. 
 
 Quakers, ideas and institutions of, 
 52-53- 
 
 R 
 
 Railways: value of, to nationality, 
 147 ; increase of, 182, 503 ; control 
 of, 183, 504-506; state commis- 
 sions of, 183, 505-506; national 
 commissioner of, 310; city owner- 
 ship of, 415 ; land grants to, 535. 
 
 Randolph, Edmund, 94. 
 
 Rates, railway, 504-505. 
 
 Rebates, railway, 505. 
 
 Recall, the, 433. 
 
 "Reciprocity," 277, 501, 502. 
 
 Reclamation service, 310, 537-538. 
 
 Reconstruction: problem of, 170; 
 theories concerning, 170; means 
 finally used in, 172. 
 
 Recorders, county, 396. 
 
 Referendum, the, 187, 418, 432-435. 
 
 Reform acts^of 1832, 1868, and 1884 
 (English), 41. 
 
 Reformatories, 380. 
 
 Religious liberty, 38, 86, 459, 462. 
 
 Removals ' from office : historical, 
 173, 295 ; at present, 295, 357, 409. 
 
 Representation, 32, 72, 247-248. 
 
 RepubUcan party, the, 162, 441-444. 
 
 Reserves, forest, 539-541. 
 
 Residuary powers, 204. 
 
 Resources, natural, 530-553. 
 
 Revenue. See Finance and Taxa- 
 tion. 
 
 Revolution as a process of growth, 
 
 25- 
 
 Revolution, in England (1668), 39. 
 
 Revolution, the American: causes 
 
 of, 68-75 ; progress of war during, 
 
 75-77; effects of, 69, 77-81, 515- 
 
 516. 
 Revolution, the French (1789), 27, 
 
 124. 
 Rhode Island: colony of, 51, 56; 
 
 state of, 79, 83, 93, 102, 105, 289 ; 
 
 government of, 357, 426. 
 "Rider," the, 298, iiZ- 
 River and Harbor improvement, 279. 
 Roads, care of, 399. 
 Roosevelt, T., Pres., 532, 539, 543, 
 
 546, 548- 
 Rousseau, J. J., 5. 
 Rules, Committee on, 251-253, 264. 
 
 Salaries: of congressmen, 228; of 
 the President, 286; of national 
 judges, 320; of state ofl&cials, see 
 Appendix G. 
 
 San Francisco, 433. 
 
 Schools, pubUc, 371-375. See also 
 Education. 
 
 Secession: forbidden in North-west 
 territory, 85; threatened in New 
 England, 137; actual secession in 
 the South, 164, 168; improbability 
 of future, 191, 201. 
 
 Sedition Act (1798), 126. 
 
 Selectmen, the New England, 51, 392. 
 
 Senate, the national: historical, 96, 
 106, 120; and the House of Repre- 
 sentatives, 240-241, 263; and the 
 President, see President. See also 
 Topical Analysis, chap. XL 
 
 Senates, the state: composition of, 
 350; special powers of, 355. 
 
 Senators: proposed method of elec- 
 tion of (1787), 98; election of, 233- 
 235, 356. 
 
 "Senatorial courtesy," 237, 294. 
 
 Sewage, disposal of, 413. 
 
 Seward, William H., 520, 522. 
 
 Shays's rebellion, 87. 
 
 Sheriff, 37, 48; county, 395. 
 
 Sherman, Roger, 76, 93. 
 
 Sherman Silver Act, 35, 186, 490. 
 
 Shire. See County. 
 
 Silver, laws relating to, 186, 486-490. 
 
 Silver Republican party, 444. 
 
 "Slate," use of a, 449, 450. 
 
Index 
 
 627 
 
 Slaughter House Cases: 175, 216; 
 significance of decision in, 214- 
 
 215. 
 
 Slave trade, 98. 
 
 Slavery : general history of, 25 ; in 
 the colonies, 62 ; in the convention, 
 97, 98, 158; as an issue in state 
 admission, 137; in Missouri, 137- 
 138, 160; development of, in the 
 South, 158; in the territories, be- 
 fore 1845, 159 ; after 1845, 161-164 ; 
 abolition of, 169, 174. 
 
 Smoke, losses due to, 549 note. 
 
 Social Democratic party, 444. 
 
 Socialist Labor party, 444. 
 
 SociaUstic thecry of government, 18. 
 
 Soil, conservation of, 313, 548. 
 
 South Carolina: colony of, 47, 56; 
 state of, 10 1, 165; nuUifies tariff, 
 144, 500; secedes, 164; government 
 of, 187, 289, 346, 367, 376, 426. 
 
 South Dakota, initiative in, 433. 
 
 Sovereignty: determines kinds of 
 States, 7 ; characteristics of, 9 ; 
 classes of powers of, 10; disputes 
 over location of, in United States, 
 
 10, 104-105, 14s, 164, 191 ; in Arti- 
 cles of Confederation, 81. 
 
 Spanish- American War, the, 190. 
 
 Speaker of the House of Representa- 
 tives, 253-254. 
 
 Special assessments, 481. 
 
 Special legislation, forbidden, 148, 
 186, 353, 389. 
 
 "Spoils system": introduced, 143, 
 152 ; development of, 295. 
 
 Staatenbund, a, 8, 165. 
 
 Stamp Act, the, 71. 
 
 Stamp Act Congress, the, 72. 
 
 State : definition of a, 2 ; two uses of 
 the term, 2 ; distinguished from na- 
 tion, 3; three theories concerning 
 origin of, 4-5; as an organism, 6, 
 
 11, 14; kinds and forms of the, 7; 
 characteristics of a modem, 9 ; 
 relation of its government to a, 
 14, 24 ; mortality of, 26. 
 
 State, department of : under the Con- 
 federation, 118; reorganized in 
 1789, 119; present duties of, 304- 
 306 ; commonwealth secretaries of, 
 
 358. 
 State sovereignty, 81, 163, 164, 165, 
 191. 
 
 States (commonwealths): sphere of 
 activity of, 208-209, 366-383 ; re- 
 strictions upon, under Confedera- 
 tion, 81 ; in national Constitution, 
 109, 210; relation of, to nation, 
 344; imiformities and diversities 
 among, 345, 366-371 ; constitu- 
 tions of, 346-350 ; central govern- 
 ments of, 350-361 ; local govern- 
 ment of, 386-400. 
 
 States: admission of new, 85, 313; 
 Umitations upon, 275 ; congres- 
 sional interference with, 275. 
 
 Stevens, Thaddeus, 170. 
 
 Stims'on, F. J., reference to, 345: 
 
 Streets, care of city, 412. 
 
 Strikes : presidential interference 
 with, 184, 293 ; prevention and 
 control of, 185, 512-513. 
 
 Stuart kings and English people, 39- 
 40. 
 
 Subsidies, to develop commerce, 277, 
 278, 503- 
 
 Succession, presidential, 290. 
 
 Suffrage: in England (1600), 37, 38; 
 in colonial times, 50, 52, 59 ; move- 
 ment toward universal, 86, 130, 
 140, 187, 194, 423-424; recent re- 
 strictions of, in South, 187, 425- 
 426; as a means of municipal 
 reform, 417 ; present requirements 
 for, 425 ; special tests for, 187, 425 ; 
 woman, 188, 426. 
 
 Sumner, Charles, 170. 
 
 Supervisors, boards of, 52, 392. 
 
 Supreme Court, the. See Judiciary, 
 U.S. 
 
 Surveys of pubUc lands, 534. 
 
 Surveyors, state, 358. 
 
 Swamps, reclamation of, 548 note. 
 
 Swayne, impeachment of, 239. 
 
 Taft, Pres. Wm. H., 543, 548. 
 
 Taney, Roger B., C. /., 163, 340- 
 
 Tariff Board, 502. 
 
 Tariffs : under Confederation, 83, 84 ; 
 early national, 121, 500; from 1816 
 to i860, 144, 500; since i860, 185, 
 501-503; campaigns on the, 442- 
 
 443. 
 Taxation: internal, in colonies, 70- 
 74; imder Confederation, 83; un- 
 
628 
 
 Index 
 
 der Federalist rule, 1 21-12 2; dur- 
 ing Civil War, 182 ; general history 
 of national, 474, 476 ; general power 
 of, under Constitution, 207, 268; 
 under state constitutions, 463. 
 See also Topical Analysis, chap. 
 XXV. 
 Teachers, preparation and selection 
 
 of, 374- 
 Tennessee, state of, 172. 
 Teniure of OfiSce Act, the, 173, 
 
 295- 
 Territorial growth, 128, 161, 190, 
 
 273. 
 Territories : congressional control 
 
 over, 272-274, 521; presidential 
 
 control over, 299, 336, 521-522; 
 
 government of organized, 274, 521 ; 
 
 government of unorganized, 274, 
 
 520-523. 
 Texas: annexation of, 160, 273 ; state 
 
 of, 172. 
 Texas v. White, 175. 
 "Third term tradition," 285. 
 Tocqueville, Alexis de, reference to, 
 
 390. 
 Town government: ia Saxon Eng- 
 land, 32; in colonies, 45, 51, 52; 
 
 in the West, 151; at present, 391- 
 
 393- 
 Town meeting, 51, 391, 
 Townshend Acts, 72. 
 Township. See Town. 
 Treason, pimishment of, 280, 460. 
 Treasurers: state, 358; coimty, 396. 
 Treasury, department of : under 
 
 Confederation, 119; reorganized 
 
 (1789), 119; bureaus of, 310. 
 Treasury, Secretary of: report of, to 
 
 Congress, 260; powers of, 269, 
 
 333. 
 Treaties, the making of, 237, 298, 
 
 334. 
 Treaty, the: of 1783, 519; with Eng- 
 land (1794), 124; Clayton-Bulwer, 
 521; of Washington, 521; with 
 Spain (1898), 190, 521 ; arbitration, 
 
 525. 
 Trent affair, the, 520. 
 Treveti v. Weeden, 318. 
 Trustees, school, 373, 392. 
 Trusts. See Corporations. 
 Tudor kings, government under, 
 
 35-39- 
 
 U 
 
 Unconstitutional legislation, 55, 
 317-319. 
 
 Unemployment, public prevention of, 
 512. 
 
 United States. See Topical Analysis. 
 
 Unions, labor, 512-513. 
 
 Unwritten constitution: what con- 
 stitutes, II, of the United States, 
 12, 192, 193. 
 
 Utah, government in, 427, 467. 
 
 Venezuela dispute, the, 522. 
 
 Vermont, state of, 86; government 
 in, 355, 357, 358. 
 
 Vestries: in England, 37; in Vir- 
 ginia, 47. 
 
 Veto, the: in the colonies, 55, 56; 
 lack of, in first state constitutions, 
 80; in the Virginia plan, 94; of 
 the president, 231, 297, 333; of 
 the state governors, 298, 354, 357; 
 of city mayors, 408. 
 
 Vice-president, the : qualifications 
 and powers of, 235, 290; election 
 of, 239, 287-290. 
 
 Villages, incorporated, government 
 of, 396. 
 
 Virginia plan: resolutions of, 94; ac- 
 ceptance of, by committee of the 
 whole, 96 ; changes in, 98. 
 
 Virginia : colony of, 46-48, 54, 57, 59, 
 62, 72; state of, 79, 81, 172, 275; 
 ratifies Constitution, loi ; resolu- 
 tions of (1798), 126; government 
 in, 345, 348, 394- 
 
 W 
 
 War, department of: under Con- 
 federation, 119; reorganized, 119; 
 at present, 311. 
 
 Washington, George (President), 94, 
 118, 124, 292, 321. 
 
 Washington (city), 274. 
 
 Washington (state), 407, 467. 
 
 Water power, 542-543. 
 
 Water rights, private, 542 and note. 
 
 Water, conservation of, 541-544. 
 
 Waterways, inland, 543-545- 
 
 Water works, city ownership of, 414. 
 
Index 
 
 629 
 
 Ways and Means, Committee on, 258, 
 
 259, 478. 
 Weather biireau, 312. 
 Webster-Hayne debate, 145. 
 Weights, standards of, 270. 
 West Point Military Academy, 311. 
 West Virginia, creation of, 275. 
 Western land cessions, 84, 272. 
 Whig party, the, 141, 162, 441. 
 Whitten, Robert H., quoted, 509. 
 William of Normandy, 32. 
 William III, 40, 51. 
 Wilson, James, 90, loi. 
 Wilson, Woodrow, The State, quoted, 
 
 19-20, 209, 370. 
 Wisconsin, 383, 540, 543. 
 Witenagemote, 32. 
 
 Woman suffrage, 188, 426. 
 
 Women workers, protection of, 513- 
 
 514- 
 Worcester v. Georgia, 144. 
 World State, the, 7. 
 World power, United States as, 523- 
 
 525. 
 Writs of assistance, 71. 
 Wyoming, government in, 289, 425, 
 
 427, 547- 
 
 X 
 
 X. Y, Z. Mission, 124. 
 
 Yeardley, Governor, 47. 
 
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