JK 251 .C48 iGTICE. LIBRARY OF CONGRESS. ®{pji Qop^rtglt !f 0. Shell 1/ UNITED STATES OF AMERICA. ' The Powers That Be. " Givil Government in Tfeeory and Practice. BY W. I. CHASE. A COMPARATIVE REVIEW OF EXISTING GOVERNMENTS, THEIR ORIGIN AND HISTORY, AND CHIEF POINTS OF LIKENESS AND UNLIKENESS TO THE GOVERNMENT OF THE UNITED STATES. ^repccred foT Use trc ScTtools. Chicago: W. I. CHASE, School Herald Office, 1885. ^:^:;, 6 1 -\(% Entered according- to act of congress, in the year 18S5, By W. I. CHASE, In the office of the librarian of congress, at Washington. PREFACE. When in the course of human events it becomes necessary to preface a book with a statement of its purpose, and the motives which led to its composition, first by the author and afterwards by the printer, the author should not, I think, be put too strictly upon his honor to tell the truth, the whole truth and noth- ing but the truth. That an author writes for his own pecuniary profit, no one in this age is disposed to deny, but the reasons which induced him to treat of this rather than that — to choose (with Mr. Wop- sle) pork, rather than pickles as the text of his dis- course, are manifold. Perhaps as plausible a state- ment as any would, in eight cases out of ten, be this: " The following facts were brought my attention. I found them interesting to me, and fancied they might be of interest to others. Hence I accumulated them." As to the utility of the book, I hope it may be studied by every class in civil government, and be- lieve that enlarging the scope of the study will not only not interfere with the consideration of our state PREFACE. and federal constitutions, but will add to the pupil's understanding and appreciation of the methods and purpose of our government of the people, by the people and for the people. W. I. CHASE. Office School Herald, Chica^^o, III. TABLE OF CONTENTS. Part I. — Introductory. Page. Origin and Forms of Civil Government 9-1 S Part 2. — Sovereign States. Chapter I. Forms of Government 19-22 Chapter II. Tlie United States of America. 22-2S Chapter III. The United States of Mexico 29-33 Chapter IV. Venezuela and Colombia... 33-37 Chapter V. Argentine Confederation and Liberia 3S-42 Chapter VI. Switzerland and Germany 4--49 Chapter VII Austria-Hungary, and Sweden and Norway 49-54 Chapter VIII. France and England ._ 54-6i Chapter IX. Chili, Peru, Bolivia and Ecuador 61-6S Chapter X. Central America. 6S-73 Chapter XI. Paraguay, Uruguay, and the West India Republics ... 73-78 Chapter XII. Orange Free State, San Marino, An- dorra, Belgium and Brazil 79-S5 Chapter XIII. Portugal, Spain, the Netherlands and Denmark 85-91 Chapter XIV. Italy, Greece and the Slavonic King- doms - _ 91-96 Chapter XV. Montenegro, Russia and Islam ..97-104 Chapter XVI. China, Japan and Siam 104-108 Chapter XVII. Minor States 109-112 viii TABLE OF CONTENTS. Part 3. — Dependent and Component States. Chapter XVIII. Tunis, Egypt, Bulgaria and the Transvaal.. 11 3-1 18 Chapter XIX. Autonomous Colonial Dependencies. 1 18-127 Chapter XX. Component States 127-132 Chapter XXI. State Governments 133 Part 4. — Review of Governments. Chapter XXII. Blackboard Exercises. 148 Chapter XXIII. The Government of the United States compared with those of other coun ries._ 156 Chapter XXIV. Rulers of the World 166 THE POWERS THAT BE A. Comparative Gtudy of the Theory and Practice of Civil Government. PART I. INTRODUCTORY. I. Definition. — The word government, as com- mor.ly u^ed, has several shades of meaning. As the substantive of the verb to govern, it means the act of governing, as the government of a people by a ruler. In considering the way in which the act of governing is habitually performed, we use the word government to signify themode of governing, as when we speak of forms of government, a republican government, etc. By me- tonomy, also, we use the word to denote (i) the person or persons authorized to govern, and (2) the nation itself, including both rulers and ruled. Thus we speak (i) of persons rebelling against the government or of the government and the opposition, and (2) of the European governments, /. e. the powers, — the nations themselves, including their rulers. Before speaking of the existing forms of government, we will consider (i) the origin, and (2) purpose of gov- I. Define the word government Give example of the use of the word in each of its senses. \ CIVIL GOVERNMENT ernment, and (3) the causes which create differences in its form. 2. Origin or Basis. — The origin of government was, undoubtedly, the power of the ruler to maintain authority, and this may be considered the basis of government at the present time; but since mankind do not differ widely in strength, no ruler can long main- tain himself in power without the consent of at least a portion of his sul jects, The will of the people may be reckoned a necessary element of their ruler's power to govern, but it is not accurate to say that the right to govern depends on the consent of the governed. For if the people are careless or indolent, not knowing what they want, or lacking in energy to enforce their de- mands, the force of the ruler will overpower their feeble resistance, and they will be practically slaves by what we call their passive consent, however they may murmur against their enslaveirient. 3. Object or Purpose. — The object of government, apart from the glorification of the ruler, is, first, the establishment and administration of law. The main- tenance of the various personal and property rights of individuals demands that each disputed case shall be adjusted according to fixed principles, which apply to all cases alike. These principles are formulated into laws. To enatt these laws and see to their execution is the first recognized object of government. But be- side the maintenance of social order, a government is necessary to a nation to attend to its relations with other countries, and to provide for its defense in case of war. 4. Cause of Variations in Form. — The two forces which directly shape the form of government 2. Upon what is all government based ? How far is the consent of the gov- erned essential ? 3. What are the recognized purposes of a system of government? IN THEORY AND PRACTICE. ii are the wisdom or caprice of the governing power and the consent of the governed. Indirectly so many elements enter into the formation of a system of gov- ernment that it has been questioned whether forms of government were really a matter of choice, — whether the " powers that be" were not really ''ordained of God" in the sense that all growths are ordered by Him. Whether, indeed, systems of governmeat do not grow up, ada[)ting themselves to the natures, wants, and circumstances of a people, so that changes of the form of government are not merely dangerous experi- ments, but self-evident blunders. To a certain extent it is, of course, true that the form of government is adapted to the people, but when by enlightenment or deterioration the wishes of the people with regard to their form of government change, an alteration of that form becomes practicable. Thus when the Jews wearied of the government of judges they demanded a king, to go before them to battle, and Samuel, warning them of the probable consequence ot the change, anointed Saul. I'he Romans banished their royal family and established a government by consuls-. France has three times banished her mon- arch and established a republic. The difficulty with which this was done shows the desirability of adapting the government to the customs and traditions of the people, but the success of the third French republic proves that it is possible to m.ake a radical change in the government of a nation, if the new one is tried long enough to engage the allegiance of the people. Political institutions are t. e work of men, and are altered or amended by men, and hence, are well or ill made according as judgment and skill have, or have not, been used in their production. But, on the other hand, political institutions are not only made but they must be conducted and sustained by men. The people 12 CIVIL GOVERNMENT may be averse to a form of government or they maybe simply unwilling to take the trouble to maintain it after they have chosen it. "Thus," remarks John Stuart Mill, "a people may prefer a free government, but, if, from indolence, or carelessness, or cowardice, or want of public spirit, they are unequal to the exertions necesssry for preserving it; if they will not fight for it when it is directly attack- ed ; if they can be deluded by the artifices used to cheat them out of it ; if by momentary discouragement or a fit oi enthusiasm for an individual, they can be in- duced tD lay their liberties at the feet even of a great man, or trust him with powers which enable him to subvert their institutions; in all these cases they are more or less unfit for liberty ; and though it may be for their good io have had it, even for a short time, they are unlikely to long enjoy it." Further, he notes, that when the people are too im- pulsive or self-willed to endure the restraints and await the action of the laws, or when they side with the criminal as against the authorities, they are in a meas- ure unfit for free government; or when being entrusted with the suffrage, they sell their votes or cast them from corrupt or partisan motives, they are in danger of being cheated out of their liberties. But though the general character of the government depends much upon the temper of the people, its de- tails are usually invented by the rulers,or adapted from the institutions of other nations. 5. Forms of Civil Government. — Civil govern- ment — civil from cim's, a state — means the government of a state in its normal peaceful condition, as opposed to the more desp. tic mode in which an army is ruled. 4. What two forces directly shape the -^rm of government? What is said ol the growth of political systems? How far are these systems a matter of choice ? Why must these be adapted to the nature and habits of the people I What dangers threaten the liberties of a people 1 IN THEORY AND PRACTICE. 13 Forms of government are usually classified as mon- archical, aristocratic, or democratic. Two other forms are sometimes given, namely, patriarchal and theo- cratic, but these are now obsolete, if, indeed, they ever existed as forms of state government. We should, however, remember that this classification of govern- ments is highly arbitrary, and we must expect to find as distinct differences between members of a class as between'the chisses themselves. It is much as if we classified animals by their colors. We might better use the terms monarchy, aristocracy and democracy to signify qualities rather than generic distmctions, and so doing we shall find use for a fourth class — bureau- cracy. 6. Definition of Terms. — Monarchy, pure and simple, means government by a single ruler, whether he be styled king, prince, emperor, pope, sultan, pasha, or bey, or simply dictator pro tempore ; whether he ob- tained his place by inheritance, election or appointment; whether his government professes to be legal or arbi- trary, so long as he singly discharges the functions of government, he is a monarch. An aristocracy signifies a government by a class neither elected nor appointed; it is usually understood to imply a titled or hereditary nobility, but a high educational or property qualifica- tion for the suffrage would create an aristocracy fully entitled to the term. Democracy implies a govern- ment by the people — not necessarily directly, which is possible only in small colonies or towns. An absolute democracy means a government by the untrammeled will of the majority. A bureaucracy denotes a govern- ment by an appointed class. It is found in its purest 5. What is civil government? What is the usual classification of forms ol civil government ? Do these terms denote different kinds of government, or different features of similar forms ? 6. What is a monarchy? Define aristocracy, democracy, bureaucracy. 14 . CIVIL GOVERNMENT state in the government of colonies and provinces, and forms an important element in all governments. 7. Purity and Extent. — The kinds (or qualities) of government are monarchy, aristocracy, democracy, and bureaucracy. These are to be reckoned pure or impure according as they exist separately or inter- mingled one with another, and absolute or limited ac- cording to the degrees of power they wield. 8. Limitations of Power. — Governmental powers are limited in one or both of two ways : by the estab- lishment of a fundamental or organic law; i,e.^ a consti- tution, or by the division ot powers. As to constitu- tions, there are various modes of framing, establish- ing, and altering or amending them, but, however framed, they are checks upon the discretionary power of the government, and are usually the result of com- promise between governor and governed. Divisions of power are made (i) horizontally ( as we may say) in forming local and general governments, and (2) verti- cally, by the classification of co-ordinate powers, 9. Co-ordinate Powers. — Theoretically, three di- visions are made of the powers of government, though in practice the distinctions are by no means always observ- ed. These are the lawmaking,or legislative, the law inter- preting and applying, or judicial, and the law execu- ting, or executive, powers of government. Under free governments, these powers are usually entrusted to different departments, and this division of power is often insisted upon as necessary to liberty and good government. The Massachusetts bill of rights ex- pressly forbids the wielding of powers belonging to one department by persons in charge of another department, and gives, as a reason, " that this may be 7. As applied to political forms, what does purity signify? What extent? 8. How are the powers of government usually limited? How may the powers of government be limited by division t IN THEORY AND PRACTICE. 15 a government of laws and not of men." But, in prac- tice, it is found necessary to leave a large share of the law applying power in the hands of the executive, to make the executive officers who enforce the decision of the courts, answerable to the courts themselves, and to k. the legislature share a portion of the responsibility. This inconsistency to the letter is really consistent with Vhe spirit of the theory of separate responsibiUties, for by it each department is made, in a measure, independ- ent of the others, and is, at the same time, debarred from controlling them. The only powers of inter- ference granted, are the power of impeachment usually wielded by the legislative body, and the veto power pertaining to the chief magistracy. In some cases, too, the legislature has a share in electing the chief magis- trate, and it nearly always has the power to make or or refuse appropriations. Both of these powers imply a measure of control. A still further degree of con- trol is exercised by the legislature in those states in which the cabinet, or council, of the executive is, by law or custom, "responsible "to a majority of the house of representatives. All independent states have autonomous (or self- governing) powers, and sovereign (or treaty-making) powers. Dependent states have autonomous powers (more or less complete) but have no power to make treaties. These powers are properly co-ordinate, but may be wielded by the same branches of government. 10. Supreme and Subordinate Powers. — In dividing the duties of government between local, pro- vincial and national systems, many cases arise in which laws conflict and one side or the other must give way. The degree of concession to be made on each side, and ^ What is said of Po-ordinate powers? What of the theory and practice of this mode of division ? What of the classification into autonomous and sover- eign powers ? 1 6 CIVIL GOVERNMENT the points on which each system shall remain supreme, is usually fixed by mutual agreement in the shape of a constitution or organic law. Thus, in the United States, the federal constitution, and the laws made in pursuance thereof, are accepted as the supreme law of the land, because they expressly confine themselves to questions of national interest, on which point it is agreed that merely local judgment or feeling shall give way. In like manner, nearly every country has a national and local system of government, the national government being supreme in some respects, and be- ing debarred from interference in matters of local im- portance. II. The Constitution. — The purpose of a consti- tution is to restrict the will of the party in power, and in the interest of consistency, justice and dignity, to prevent violent changes in the government. It also serves to fix the limits of authority in the co-ordinate branches of the government, and to prevent conflicts of jurisdiction between the local and the general gov- ernment systems. The basis of the constitution, like the basis of all government, is power, and it may be said to rest on the will of the strongest party in the state, whether that party be the people or the crown. As to origin it is sometimes framed by the people for themselves, and sometimes granted by an autocratic monarch, either in response to a popular demand, or of his own free will ; or again, it may be like the Enghsh constitution, estab- lished by precedent in a long continued series of strug- gles and agreements between crown and people. The constitution, if written provides for its own lo. Describe the division of government into supreme and subordinate branches ? By w^hat is the joint action of these systems regulated ? ,J}- ^^^' is a constitution, and what is its purpose ? What is said of its ba^is? Of Its origin ? Of its amendment ? Of its dissolution ? IN THEORY AND PRACTICE. 17 amendment, and it may be wholly set aside, either by general consent in adopting a new one, or by revolu- tion. 12. The Legislative Power. — If there be no constitution, laws are established by a decree of the sovereign, but in constitutional countr.es, there is al- ways a legislative body, consisting of one or more chambers, whose duty it is to prepare and adopt laws. Even under despotisms a legislature is formed, usually by appointment, to frame and discuss the measures to by afiervvard promulgated by autocratic decree. Gen- erally speaking, legislatures consist of deputies elected by the people, though the upper house often contains members by hereditary right, or by appointment of the crown. 13. The Judicial Power. — The essence of law is that it should be general in its application, and that it should not be framed to meet a particular case. The in- terpretation and application of laws are, therefore, usu- ally entrusted, not to those who make and amend them, but to an entirely different class, bound by cus- tom and precedent to give consistent and impartial judgment as to the effect of new laws on the great body 01 laws already existing. Hence, a judicial de- partment ot government is established, in order th it when local courts do not interpret the law satisfactorily, appeal can be made, not to the law-making body, but to a separate department, a supreme court, trained to take all laws and interest into consideration, and L,ive a just and final decision of the point in question. 14. The Executive Power. — The courts interpret and apply laws only in those cases which are brought 12. How arc laws established under despotism ? Under conslitiuio:ial gov:-.;i- ments. 13. What is the puvposa of a judicial branch of the government ? Why is it usually distinguished from the legislature ? i8 CIVIL GOVERNMENT before them by disputes between citizens, or between citizens and the government. By far the greater part of the administration of government consists in carry- ing out laws whose meaning is not a subject of dispute. These are the executive oi administrative duties of government, and are entrusted to a department entire- ly distinct from the legislature or the supreme court. 15. The Chief Magistrate. — Over all three de- partments, but most intimately connected with the ex- ecutive, is the head of the government, the chief magistrate. In him are vested numerous powers that pertain to sovereignty, either in his own right or as representative of his people. Over the law-making body he has usually the right of veto, or the right to dissolve the legislature and call for a new election. Over the judiciary he exercises the power of appoint- ment of judges, and the pardoning power. Over the executive department he has supreme control, both in the matter of appointment and administration. Out- side of the autonomy of the State, he has the power to negotiate treaties and superintend his country's rela- tions with foreign nations, and the right generally to appear and speak as the representative of his govern- ment. So much for the general principles to be observed in the study of civil governments. We will now proceed to examine the governments as they actually exist. 14. What are the duties of the executive department of government? 15. What is said of the chief m^-gistraie as connected with the executive de- partment? As distinguished from it? PART 2. SOVEREIGN STATES. CHAPTER L FORMS OF GOVERNMENT. i6. Criterion. — The generally accepted criterion of a good form of government, is its ability to maintain order and establish justice, while at the same time pro- moling, or at least not cramping, the mental growth of the i)eop]e. This is the only test that seems to have a utilitarian basis ; other tests there are, but they are founded on a quasi divine right to rule, of the people or prince, as the case may be. But the test given, to be effectual, must be complete in its application. It is not sufficient that a government keep order, nor even that it be also well administered. Pope's couplet, "For forms of government let fools contest, What e'er is best administered, is best," and Tennyson's demand for a "still, strong man, in a" blatant land," are both based on a misconception of the true interests of the people. A prime requisite of good government is that it should be sustained by the hearty co-operation of the people, and this can only be secured by the political education of its subjects. This political education can only be insured by the participation of the people, through their representa- tives, in the duties of government, and, generally speak- ing is possible only in such case. The emperor of Russia, for instance, dares not permit the education of his peo- 20 CIVIL GOVERNMENT pie in the theory of government, by free discussion, because this would lead directly to a public agitation, for the purpose of restricting the powers of the Russian autocracy. A people wise enough to co-operate intelli- gently with a despotism, are wise enough to- dispense with it. On the other hand, it is quite necessary that there should be a basis of power, to prevent violent inter- ruptions in administration, and until the people are sufficiently educated to resist illegal reform movements, an established chief magistracy is decidedly -a blessing. The Spanish American republics are a case in point. The desire for place and power, and the impatience with administrative mistakes, which in these republics lead to revolution, in Brazil for instance, merely result in a change of ministry. The advantage is obvious. 17. Sovereign and Autonomous States. — States or governments internationally considered, are sovereign or autonomous. If a state is independent of other governments, it is styled sovereign. If one state estab- lishes a protectorate, or suzerainty, over another state, the former is suzerain and the latter dependent. The extent of the suzerain power varies greatly in different cases; a dependent state has no power to make war or peace, and, generally, no power to negotiate treaties, though occasionally it is allowed to form commercial agreements, or alliances. Another way in which a state may lose its sovereignty, is by entering a federa- tion, and delegating its sovereign power to a central gov- ernment. Sovereign, here, has nothing to do with the autonomy or self-government of a state. The term has been ap- plied t J) the states of the American Union, but evidenf- ly in a different sense from that in which we here use 16 What is the criterion of a good f.^rm of government ? Hew may order be maintained at the expense of progress ? Can a people be too free as to their choice of government ? IN THEORY AND PRACTICE. 21 it. The federal government represents the United States internationally, and hence is a sovereign state or nation. In the same way, the tycoon's govern- ment in Japan was, before the revolution of 1869, sovereign, the mikado's rights to the contrary not- withstanding. In the autonomy of the United vStates of America, there is neither suzerain nor depen- dency (barring the territorial governments), but a federation* of states of equal dignity, under a general government of strictly defined puwers. This is true, in theory, of all federations, but in practice the smaller states often sink to the position of virtual de- pendencies. 18. Federations. — It is often to the interest of states to form a federation or union, and establish a general government, both to represent them in their re- lations with foreigners, and to discharge those duties that concern the union as a whole, rather than any par- ticular section of it. In these cases, the powers of the general government are supreme in international af- fairs, but limited in internal administration. The fed- erations of the world are the republics of the United States, Mexico, Colombia, Venezuela, the Argentine Confederation, Liberia and Switzerland, and the empires of Germany and Austria-Hungary; also, perhaps, the kingdom of Sweden and Norway, which has the same monarch, but is governed by separate constitutions and legislatures. All countries of any size are subdivided into provinces, with councils possessing legislative powers more or less independent and complete; but these differ essentially 17. V hat is a sovereign state ? What an autonomous state ? What is a fed- eration ? Is it sovereign or autonomous ? What is a component state ? What a suzerain state ? What a dependency ? Which of th«.se is sovereign ? Give nstances in each case. 18. Why are federations formed ? Name some of them. How do they differ from ordinary general and provincial governments ? 22 CIVIL GOVERNMENT from federations, in that the original power^ in them is vested in the national government, and not in that of the component states. CHAPTER II. THE UNITED STATES OF AMERICA. 19. Our Federal System. — The national govern- ment under which we Hve is a good example of a fed- eration, first, because it has tested two forms oi federal union, and settled on the only one that ever proved efficacious; and second, because it has, without mater- ially altering its constitution, extended the union to cover twenty-five new states. If a conquering nation, like ancient Rome, should admit its new provinces to a share in the administration of the empire, or if England should give her colonies proportionate representation in parliament, we would recognize the hazardous nature of the experiment. The fact that the_ settlers of the western states have generally been, in race, nature and poUtical habits, similar to the people of the origi- nal colonies — orifnotso similar, have usually lacked political traditions — enabled our institutions to stand a test, which, under different circumstances, it were folly to apply. 20. Federal Organization. — There are two differ- ent modes of organizing a federal union. The federal au- thorities may represent governments solely, and their acts may be obligatory only on the governments as such; or they may have power to legislate for the peo- ple individually, and to execute or enforce their laws by distinct administrative machinery. The forriier plan was tried in the German confederation, in Switz- iQ. Under what federal government do we live ? Why is it a good example of this form of government ? IN THEORY AND PRACTICE. 23 erland previous to 1847, and in this country from 17 81 to 1788, and in all three cases it was discarded as weak and defective. The pov/ers of a central govern- ment, which relies on the voluntary action of the state government to execute its laws, are virtually restricted to giving advice which the states can follow or not as they please. Foreign nations hesitate to address a government so evidently a mere agent of other parties, preferring to deal directly with the principals, the cou!- ponent states themselves. In local affairs, the federal congress, having no pow- er to coerce the state governments, could only entreat them to enforce the national laws, If the particular laws in question were distasteful to the people of the state, they would in all probability be ig- noed. Sometimes, as in the present German empire, one state may be so large and powerful that other states cannot afford to offend it, and tlu> state then identifies itself with, or supplies the-place of, the cen- tral government, but this is obviously contrary to the purpose of federations, i. e., to preserve rather than to destroy, the individuality of minor states. Moreover, unless the strong state be overpoweringly superior, such 3 condition of affairs is more likely to provoke civ- il war, than to strengthen unity or maintain peace. The second method rf orgaiiizing a federation is that adopted by the United States in 1788, by Switzerland in 1808 and Gemany (to some extent at least) in 1870. Within the powers granted by the constitution, the federal government is em powdered to make laws for the guidance of individuals, and to enforce these laws by means of its own otHcers and its own tribunals. 20. What are the two mod s of organizing a federal system ? What countries have tried and discarded the le igiie principles of union ? Why ? What some- times supplies the place of a stroui; central government ? Describe the second mode of federal organization. 24 CIVIL GOVERNMENT Whenever state and federal laws conflict, the latter, if in accordance with the constitution, are supreme, and the former are set aside. Of such nature is the Amer- ican union. 21. Formation and History of the Union. — The first league or confederacy formed by the Ameri- can colonies, was the continental conp;ress of delegates, first convened in September, 1774. This w^as an extra- legal body, of no authority, except as its act was enforc- ed by the colonies. The colonial governments, formed under charters from the British crown, became, by suc- cessful rebellion, sovereign states, but th% exigencies of war had already forced them into a league. The same congress which drafted the declaration of independence, draftea at the same time, "articles of confederation and perpetual union" between the colonies, and the league was assented to by most of the colonies through their representatives in 1778, and by the others in 1779 and 1781. But after experiencing two years of war and §ix years of peace under this compact, popular opinion turned in favor of a central government, with more ex- tended and effective powers. A convention was then held and our present form of government agreed upon; the constitution was drawn up, and being submitted to popular vote, was duly ratified by the people of the several states. The original form has been, in some of its details, slightly modified by the constitutional amendments, twelve of which were adopted by three fourths of the states, during the first fifteen years of our national existence, and the other three adopted afttr the civil war of 1 86 1-65. 22. How Composed. — Under the articles of con- federation the central government comprised but one 21. 'V^'hen and why was the first league of the American colonies formed ? When were the articles of confederation adopted ? Why were they not satisfac- tory ? \\ hat change was made ? IN THEORY AND PRACTICE. 25 department, the legislative, ar,d made no pretense to executive or judicial power. By the constitution, the government is entrusted to three separate authorities, the executive, the legislative, and the judicial. The executive power is vested in a president, who, together with a vice president, is elected for four years by the states, through special electoral colleges. Each one of the thirty-eight states has the right to appoint, in any manner it pleases, as many electors as it has repre- sentatives in congress, and these electors, meeting in their respective states, form the "colleges," and cast their votes for president and vice president. As they are considered bound to vote for their party candidates, the election may be regarded as the direct act of the people of the several states. The legislative power is vested in a congress, con- sisting of a senate and house of representatives. The senate, of two members from each state, is chosen for six years by the state legislatures. As one-third of the senatorial terms expire every other year it follows that the senate has always a two-thirds* membership, and hence is always in office. The house of representatives is chosen in direct election by the popular vote of the states, which are given representation according to their population. The election is for two years; at the end of that period the " congress," as it is called, expires, and a new election is held. The judicial power of the government is vested in one supreme court of (at present) nine judges, and in such inferior courts as congress from time to time sees fit to establish. So far these inferior courts are the 22. How does the pre'^ent form of government differ from that under the con- federation ? What are the departments of government and to whom are they entrusted ? How is the president selected ? The senate ? The house ot repre- sentatives ? 26 CIVIL GOVERNMENT circuit and district courts only, but an intermediate appellate court is projected. These tribunals are organized under act of congress, and the judges are ap- pointed by the president with the consent of the senate. 23. Sphere of the Government. — In transactions with foreign powers the authority of the federal gov- ernment is, of necessity, complete; and as it is this completeness of sovereign power that makes a nation, our central government has always been truly national in the sense of representing a single people; but in in- ternal affairs, the government did certainly receive an increase of imperial authority from the adoption of the constitution and its amendments. These powers extend to the making of such arrangements as are, in the opinion of the states, necessary to their enjoyment of the full benefits of Union. The federal congress is given exclusive power to impose duties on imports, to regulate naturalization and bankruptcy, to coin money, establish post offices and routes, and to grant copy- rights and patents, because in all these cases there is an evident need of uniformity in the law. Other pow- ers are granted to the central government as arbiter be- tween the states, such as the power to regulate inter- state commerce, and to control national highways whether by water or by land, and the survey and sale of the public lands. A further extension of the right to legislate for national highways is the right to make and improve roads and canals, and to dredge and deepen navigable rivers and harbors, in the different states, at the cost of the whole country. 24. Extension of Imperial Power. — The pow- ers of the central government have been greatly ex- 23. What class of powers are granted to the federal government ? With what object ? IN THEORY AND PRACTICE. 27 tended during the last quarter of a century. This ex- tension has come about partly through the abnormal influence of the war, but principally through the work- ing of natural causes. It is observable in the growth of empires, that a strong central government tends to strengthen itself by absorption of the rights and privi- leges of the component states. The states in their disputes and quarrels, appeal to the arbitration of the central government, and hence are driven into champ- ioning the rights of the arbiter to interfere in behalf of justice. The weaker party in each state is also ready with its appeal, so that the central government soon comes to be credited with virtues to which it cannot justly lay claim. The growth of the kingdom of France has been cited as a conspicuous example of this tend- ency to centralization, and the extension, or rather the maintenance, of the suzerain powers of the Turkish porte, is largely due to thesamecauses. In this country the southern Republican appeals to the federal power for protection against his Democratic fellow citizens, the farmer or merchant makes a similar appeal as re- gards railroads and other monopolies, and, last but not least, each poverty-stricken district appeals forfed- eral aid to improve its rivers and harbors and other- wise fxilitate (not regulate) its commerce with the world at large. Under these circumstances, the only wonder is that the integrity of state rights has not been further impaired. For this we have to thank the judi- cial department of the government, which is the final judge of the extent of the powers conferred. 25 The Guardian of the Constitution. — Undera duplex form of government, where each citizen owes allegiance to both state and federal authorities, it is 24. How have the powers of the central government been extended ? In what manner ? 28 CIVIL GOVERNMENT necessary not only that the constitution should ex- plicitly define the powers of the different governments, but that the power to decide between them in case of dispute should reside in some body in a measure in- dependent of both disputants. The judicial depart- ment of a republican government is the one, from the nature of its appointment and duties, least- likely to be moved by popular impulse or partisan consideration. To say nothing of the conservative nature of the legal profession, judges who are appointed to office for life, feel themselves independent of the will of the majority, and in free states it is the popular majority that men- aces the constitution. The supreme court of the Unit- ed States, in rendering decisions, is authorized to set aside any law it may deem contrary to the constitution, and this decision is as binding upon lowercourts as if it were actual legislation. To this extent, therefore, the supreme court is made the guardianof the constitution, but its nullifying power is limited lo those cases which are brought before it judicially. Until a case involving the law in question is brought before it, the court offers no opinion. This gives the decision of the court the air of an inevitable declaration of honest opinion which it would not have, had the court been invested with a veto power similar to that of the president. It is of the highest importance that the people of the union have confidence in the non-partisanship of the authoritative interpreterof the constitution, and anything that may tend to impair this confidence is injurious to both government and people. No ground, not even the slightest, should be given for suspicion that the judges may be moved by party or personal ambitions, or by 25. What check has been placed on the illicit extension of the powers of gov- ernment ? Who exercises this moderative power ? To what cases is this power confined ? Why ? What is said of the supreme court's reputation for non- partisan and impartial judgment? IN THEORY AND PRACTICE. 29 anything but an honest opinion as to the real meaning of the constitution. CHAPTER III. THE UNITED STATES OF MEXICO. 25. Republica Mexicana. — P.^^ its present consti- tution, bearing date Feb. 5, 1857, M xico is declared a federative republic, comi>osed ol separate states, 19 originally, .27 at present — bound together in one body poUtic by fundamental and constitutional law. Each state has its own legislature or " state congress" and its own governor ; and possesses, in theory, full powers of government with regard to local affairs. 27. Like the United States Government.— The political system of Mexico was evidently modeled on that of the United States, both in the classifi- cation of powers entrusted to local and general govern- ments, respectively, and in the division of powers !n the general government itself These are classified as legislative, executive and judicial, and are respec- tively vested in a congress, president and federal court. The congress is in two houses, a senate of two members from each state, and a house of 331 members, appor- tioned among the several states at the rate of one to every 80,000 J nhabitants. The president and vice \Tcsi^ent are elected for four years. 28. Unlike the United States Government. — The presidential electors are chosen by districts, (not states) one for each 100 inhabitants. An executive council, consisting of the vice president and half the 26. When was the Mexican constitution adopted? What form of government does it establish ? 27. Wherein does the political system of Mexico resemble that of the United States ? 30 CIVIL GOVERNMENT senate, sits during the recesses of congress. Besides these dissimilarities there exists in the two countries a great difference, both in law and custom, in the power over state affairs wielded by the federal government. 29. History of Mexican Government. — Pre- vious to gaining her independence, Mexico was govern- ed by Spain through a viceroy and audiencia or advisory council. This council, with which the viceroy was bidden to confer on matters of importance, was appointed by the Spanish crown and consisted exclu- sively of natives of Spain, who were in no way allied with Mexican interests. V^hen, in 1808, the municipal council of the city of Mex co petitioned the viceroy, Don Jose Iturrigaray, to summon a national congress of deputies, the audiencia not only rejected the petition disdainfully, but proceeded to punish both the temerity of their demand itself and the complaisance with which it had been received. The viceroy was accused of heresy and delivered over to the inquisition, ardthe audiencia continued for some time in absolute control of the government. Its cruelty toward the Mexicans soon roused open insurrection, headed by Don Miguel Hidalgo y Costilla, a parish priest in the village of Dolores. Sept. 16, 1810, he raised the standard of in- dependence and a civil war began, in which each side seemed to vie with the other in cold-blooded ferocity. Hidalgo was captured and shot, as was also his successor, another priest, by name Morenos. But just as the cause of the patriots seemed lost, the constitution of the cortes, introduced in Spain in 1812, was extended to Mexico by express decree. This conferred electoral rights on the white population, and enabled them to show, without openly joining the rebellion, their sym- pathy with it. An amnesty was proclaimed, and many of the rebels took advantage of it. Shortly after the 28. In what particulars does it differ from that of the United States ? IN THEORY AND PRACTICE. 31 return of Ferdinand VII to Spain, the constitution was abolished by royal decree, and, after some years, re-established in response to a military insurrection. Viceroy Apodaca of Mexico was opposed to the con- stitution, and though obliged to feign submission to it, he plotted a counter insurrection which should restore the absolute power of the king, at least as far as Mex- ico was concerned. In this he was encouraged by secret letters from the king indicating a disposition to transfer the royal court to Mexico. But this plot overreached itself. Col. Augustine Iturbide, chosen by the viceroy to head the reaction, boldly changed the programme and proclaimed Mexico an independent constitutional monarchy. The crown was to be offered to King Ferdinand, or to one of the two infantes of Spain, on condition of their resigning their claims to the Span- ish crown. The result was that not one of the three would consent to take the crown under these circum- stances. Both the army and the people rallied about Iturbide, and the Spaniards were forced to make terms with him. The independence of the country was recognized ; Iturbide as liberator became the popular idol, and, on the 18th of May, 1822, was elected em- l)eror. But his empire was short lived. Within six months he was at odds with his congress, and Gen. Santa Anna had raised the standard of revolt at Vera Cruz; and in May, 1823, the ex-emperor had sailed for England, exiled, buc liberally pensioned in recognition of his valuable services. Returning the next year to attempt to regain his imperial power, he was captured, tried, convicted and shot. "When once Iturbide was overthrown," writes M. Lucas Alaman, " the history of Mexico may be called the history of the revolutions of Gen. Santa Anna. At one time he organized them for his own interest ; at another took part in them when commenced by others. 32 CIVIL GOVERNMENT He labored one day for the aggrandizement of his friends, the day after for his own. He raised up a faction, and then cast it down and oppressed it, and sup- ported the opposite faction. He thus kept up a see- saw between different parties. He was the promoter of political events, and the fate of the country was bound up with his, amidst all the alternations which at times placed him in possession of the most absolute power, and at others precipitated him into captivity or exile." Up to 1833, Santa Anna labored rather to make and unmake presidents than to advance himself to the chief magistracy. In that year, however, he assumed the dignity of president, and continued in that office — with slight interruptions — down to 1856. He was several times forced to retire from it ; first in 1836, when he was captured by the Texans at the battle of San Jacinto ; a second time in January, 1845, and again in 1847, afterthe invasion of the country by the United States. In 1853 he returned to power, the nation by universal suffrage electing him dictator for life ; but after three years, he was again deposed and exiled. It was at this period that the present constitution of Mexico was adopted. The form of government adopted after the overthrow of Iturbide was that of a federal republic, after the model of the United States. But whereas in our country the federal form had naturally been taken to unite isolated colonies, each state jealously maintain- ing her autonomy, Mexico had never governed itself, and had been accustomed to a most centralized form of government. Hence the system of individual states united by federation had no deep root in Mexico, and 29. What led to the first Mexican revolt against Spain ? Describe the pro- gress of the War ? How was independence at last secur-d ? What f • rm of government was established ? How long did it last ? What has been the his- tory I f Mexican Government ? What is said of the establishment and preserva- tion of the federal system ? What of the evolution of the congress ? IN THEORY AND PRACTICE. 33 in 1835, under the first presidency of Santa Anna, the state governments were set aside, and their powers ab- sorbed by the central government. In 1846 the federal system was again established, only to be discarded under the dictatorship of 1 85 3. It was revived, however, after the final deposition of Santa Anna, and embodied in the present constitution. The first national representative body in Mexico was A junta or secret council of self-elected persons installed by Gen. Rayon, who commanded one of the principal bands of insurgents after the capture of Hidalgo. This body met at Zitacuaro, in the province of Valladolid ; and presumed to address the viceroy with offers of peace on the basis of Mexican independence. To punish this audacity^ Gen. Calleja marched on Zitacuaro, killed its principal inhabitants, and reduced the town to a' heap of ruins, which is said to exist to this day. A new junta, representing the people of the different sec- tions, partly by appointment and partly by election, and styling itself a "congress," met at Chilpancingo, and published a declaration of independence. This body was greatly favored by Morelos, but his successor, Gen. Teran, quarreled with and dispersed it. It con- tinued a merely nominal existence until adopted by Iturbide at Iguala. Under the empire and the republic, this congress has taken a prominent part in the gov- ernment, but there being no guarantee of the honesty of elections, it has never altogether deserved the name of a representative body. CHAPTER IV. VENEZUELA AND COLOMBIA. 30. Estados Unidos de Colombia. — Like the United States of America, after which it was modeled, the United States of Colombia is a federation of states, 34 CIVIL GOVERNMENT each claiming sovereign rights, except in so far as the same are delegated to the central government. The states, nine in number, elect in such manner as they see fit, their representatives in the two houses that com- pose the federal congress, and unite in electing a presi- dent and vice-president, the latter being also chairman of the senate. 31. Unlike the United States Government. — The Colombian senate is composed of three members from each state ; the membership of the house of re- presentatives — numbering 66 — is apportioned among the states on the basis of one deputy for the first 50,000 of population and one for each additional 20,000. The president, elected for two years, administers the government through four ministers or secretaries, who are responsible to congress. 32. History and Formation of the Govern- ment. — The first republic of ("olombia was formed in 1 8 19, by Gen. Simon Bolivar, the South American liberator, in the struggle of the colonies to throw off the Spanish yoke. It comprised the territory now included in the republics of Venezuela, Colombia and Ecuador, and by the constitution promulgated in 1821, was divid- ed into twelve departments, in imitation of the French republic. In 183 1 the republic fell to pieces, and the three existing republics were formed, Colombia under the name of New Granada. New Granada was politically divided into one state (of Panama) ; twenty-two provinces and three territories. These were subdivided into cantons, of which there were 130, and again into districts or parishes B.nda/deas or hamlets. There were 816 parishes and 70 hamlets in 1851. A hamlet is a partly organized parish, as a 30. What is said of the Hkeness of the Colombian govemmem to that of our own country ? 31. Note the chief differences between the federal systems. IN THEORY AND PRACTICE. 35 territory is a partly organized state or province. Each district had its council and executive officer, each can- ton its executive, but no council, and each province its governor and provincial legislature. The state of Panama was more independent than the provinces, and styled its chief magistrate president instead of governor, a distinction which is maintained to this day. The present constitution of Colombia was formed by the convention of Rio Negro in 1863. At the begin- ning of i860 the liberal party, under the leadership of Gen. Thomas Mosquera, rose against President Ospina, whom the Federalist or Conservative party had installed in 1857. Taking possession of Bogota, and driving Ospina's government into the southern province of Antioquia, Mosquera formed a federal republic to be known as the United States of Colombia. Of this gov- ernment he was proclaimed dictator, Sept. 20, 1861. In December, 1862, peace was made and a constitu- tional convention summoned. This met at Rio Negro, state of Antioquia, in February of the following year. Gen. Mosquera resigned his dictatorship and was ap- pointed provisional president. The present constitution was drawn up and proclaimed April 23, 1863. The first constitutional president, Don Manuel Murillo Toro, was installed April i, 1864. Two years later, Gen. Mos- quera succeeded Toro, but coming in conflict with his congress, was deposed and imprisoned. His vice-presi- dent, Gen. Santos Gutierrez, succeeded him. From 187 1 to 1875, civil war prevailed and the presidency underwent frequent changes. 33. Republica de Venezuela. — The republic of Venezuela was formed in 183 1, by secession from the republic of Colombia, founded by Bolivar. The con- 32. Give the history of the first republic of Colombia ? Describe the polit'cal organization of New Granada. Also its transformation into the present united States of Colombia. 36 CIVIL GOVERNMENT stitutlon then adopted, and re-proclaimed in amended form in 1864, v/as avowedly in imitation of the United States of America. Even the number of states, now twenty-two, was originally the same — thirteen. The president is elected by the people voting by states, or, in case no legal choice is made — by the congress vot- ing by states. He holds office for fouryears, beginning the 20th of February. He appoints his ministers, who are strictly his organs and vacate office with him. The congress consists of a senate of two members from each state, and a house formed by each state's choosing one deputy for the first 25,000 of its inhabitants and a second deputy for a number in excess beyond 12,000. The high federal court, consisting of five members, cor- responds in character and jurisdiction to our federal supreme court. The states which form the union re- ciprocally acknowledge each other's rights to self government, declare themselves equal as political units, and reserve to themselves all sovereign rights not ex- pressly delegated to the central government. 34. Unlike the United States Government. — The most apparent dissimilarity between the govern- ment of Venezuela and that of its prototype, arises from the jealousy with which the states have maintained their independence. Even in cases where the peace of a state is endangered by domestic disputes, the federal government is debarred from armed intervention, and can only tender its good offices to bring about a peace- ful solution of the difficulty. In our own country, the federal government is bound to interfere to protect the state government from domestic violence when called upon by the legislature, or by the governor when the legislature cannot be convened, and hence it has al- ways exercised large discretion in cases of disputed 33. When was the republic of Venezuela formed? What is said of its resem- blance to the United States ? IN THEORY AND PRACTICE. 37 election. The Venezuelans either have not so much confidence in the discretion and impartiality of their federal executive, or they prefer to reserve to them- selves the " sacred right of revolution." Moreover, if this clause of the constitution, "the government of the union shall not possess in the states resident officers with juris'diction and authority other than the officers of the states themselves" — is to be interpreted literally, the federal government, and even the federal courts, are made dependent on the states for the enforcement of their decrees. The customs officers constitute an exception, but even these are so far under state influence that the state is often able to appropriate the federal revenue and refuse to account for it. There are many minor dissimilarities, such as that the president's veto is not conclusive unless sustained by a majority of the state legislatures, and that the judges of the federal court are elected by these legis- latures, but these simply mark the spirit of indepen- dence in the states, without materially affecting the f jrm of government. 35. Origin and History. — The early political or- ganization of Venezuela was similar to that of New Granada, with which it was connected. Since its se- cession, though it has preserved its form of government without material alteration, it has been distracted by internal dissension leading often to civil war, through the struggles for supremacy of the Federal and Confederal parties, the former advocating a strong centralized government, and the latter the greatest possible independence of the separate states. 34. What is the mos*^ apparent difference between the Venezuelan constitution and that of our federal government? How is the federal government, in that country, made dependent on that of the States? Wliat is said of the president's veto ? Of the appointment of the supreme court? 35. What is said of the origin and history of the Venezuelan republic ? 38 CIVIL GOVERNMENT CHAPTER V ARGENTINE CONFEDERATION AND LIBERIA. 36. Confederacion Argentina. — The Argentine Confederation, formerly known as the United Provinces of the River de la Plata, consists of fourteen states united as a federal republic. Not only is its form of government obviously modeled on that of the United States par excellence^ but its constitution, adopted m 1853, is a flattering imitation of our federal organic law, The composition and attributions of the two houses of congress ; the mode of election and the duties of pres- ident and vice president , the nature of the supreme court, and the jurisdiction accorded it, are very nearly the same in both constitutions, while in many of the minor provisions for the regulation of various state and federal officers, an equal degree of similarity exists. ' 37. Unlike the United States Government. — The president and vice president of the Argentine re- public are elected for six years, and are not eligible for re-election until after the expiration of a similar period. No executive order of the president is valid unless countersigned by the minister or secretary of the proper department, but, since the president has absolute power to appoint and remove the members of his cabinet, this check amounts to little. In the same way. the force of the provision that ministers shall be " respon- sible " to congress, is broken by the necessity of re- sorting to a legal impeachment in order to remove one of them. The membership of the house of represen- tatives is apportioned among the several states, as with us, but the deputies are chosen not singly by districts, but on a general ticket as we choose presidential elect- 36. What is said of the resemblance of the Argentine constitution to that of the United States ? Note the points of resemblance- IN THEORY AND PRACTICE. 39 ors. Also since but half the house retires biennially, the deputies hold office for four years, instead of for two years as with us. The constitution establishes, and commancj^ the maintenance of, the Roman Catholic religion, and mem- bership in the Roman Catholic church is one of the conditions of eligibility to the presidency, but freedom of belief and practice is guaranteed to the people; and upon this point, as on every other, the fullest liberty of the individual citizen is contemplated by the constitu- tion. 38. Origin and History. — The revolution which separated the viceroyalty of the Plata from Spain, be- gan after the fall of the " Junta of Seville," in 18 10. The viceroy. Marshal Baltazar Hidalgo de Cisneros, was cordially hated by the colonists, and, on finding him suddenly deprived of support from Spain, they rose and deposed him. May 25, 18 10, and established a govern- mental board, headed by Cornelio Saavedra. Civil war followed, the Spanish party taking possession of Mon- tevideo, in the province of Uruguay, which then form- ed part of the viceroyalty. This war ended with the defeat of the Spaniards and the occupation of their city, June 20, 18 14; but hostilities with the Spanish party in Chili and Peru continued for eight years. Dur- ing this period, the government was held and despot- ically administered by the strongest party, presided over by the general who seemed, for the moment, best qualified to maintain himself and keep order. A dis- pute arose over the form of government to be estab- lished. Some factions wished a unified, centralized government, but could agree neither upon the capital nor the president. Others, who could not hope to head the nation, demanded a confederation with separate 37. Note the differences in form and practice between the two governments. 40 CIVIL GOVERNMENT state governments, and this plan commended itself to many as the surest escape from the tyranny of a mili- tary dictator. Before this dispute could be settled, Brazil declared war, demanding possession of Uruguay. This war was ended by the convention of August 27, 1828, by which both countries acknowledged and agreed to maintain the independence of Uruguay. Civil war now arose again between the "Federal" and *' Unitarian " parties. Gen, Lavalle having de- posed, and, finally, executed Dorrego, governor of Buenos Ayres, and leader of the Federal party, made a truce with Dorrego 's lieutenant, Gen. Juan Manuel Rosas, and exalted him to the governorship. The country falling into disorder, Rosas was given dictato- rial power, March 7, 1835, and from that time until 1852, he maintained himself in power, in spite of the revolts (headed by Lavalle and others) which his insane and brutal tyranny aroused against him. Finally, Gen. Justo Jose de Urquiza, governor of the province of Entre-Rios, revolted, and, forming an alliance with the neighboring province of Corrientes, and with the em- pire of Brazil, marched upon the city of Buenos Ayres. Rosas was defeated in battle at Monte-Case ros, and fleeing on board an English man-of-war, went to Eng- land, where he lived for twenty-five years as a private citizen. Urquiza was made " provisional director " by an as- sembly of the provincial governors, and a congress was assembled which framed and adopted the existing con- stitution, May 25, 1853. Under this -constitution, Ur- quiza was chosen president. But in all this, Buenos Ayres had taken no part, and had overthrown the provincial government set up by 38. Describe the struggle of the La Plata provinces for independence. Also the ensuing struggle between rival factions. What wa the final result ? How did the viceroyalty lose some of its provinces ? IN THEORY Ax\D TRACTICE. 41 Urquiza after the flight of Rosas. This led to war in which Buenos Ayres was finally successful, and her general, Bartolome Mitre, was elected president for six years from October, 1862, and the capital of the con- federation was at the same time transferred from Par- ana to Buenos Ayres. This was the last revolution. Domingo Faustino Sarmiento, elected in 1868, and Dr. Nicolas Avellaneda, elected in 1874, both peacefully ended their terms of office, and the present incumbent. Gen. Roca, seems likely to do the same. The viceroyalty of the River Plata included the pro- vinces of Uruguay, — formerly known as the Banda Oriental — Paraguay and High Peru, now Bolivia. Uru- guay, as we have said, became independent by the war with Brazil ; Paraguay, in 1811, declared herself free from Spain, but refused to join the United Provinces. High Peru withdrew from the confederation in 1825, and established itself as the Republic of Bolivia. The secession was freely recognized by the congress of the Plata, and, barring a boundary dispute, the two coun- tries have been on excellent terms ever since. 39. The United States of Liberia.— The latest plagiarism upon the United States of America is the African republic of Liberia, founded by the American colonization society as a home for negro freedmen. The republic is situated on the Grain Coast of Upper Guinea, and covers a territory 600 miles long — alcng the coast — by 100 miles wide. It has a population of over 1,000,000, including 18,000 American freedmen. Its form of government was modeled on that of the United States. 40. Unlike the United States Government. — The president of Liberia is elected for two years as are 39. Where is Liberia situated and how is it governed ? 40 How does its government differ from that of our country , 42 CIVIL GOVERNMENT also the members of the house of representatives. The senators are chosen for four years. But these differ- ences are trivial compared with the changes necessary to adapt a complex federative form uf government to a league of half civilized tribes, 41. Origin and History. — The colony of Liberia was founded in 1821, and the republic organized and left to its own resources in 1847. At first it seemed very prosperous, but later reports are by no means en- couraging. Says the " Statesman's Year-Book " for 1882: "The establishment of the repubUc of Liberia was virtually an attempt, made by American philanthro- pists, to show the capacity of the negro race for self- government ; but as such it is admitted to be a failure. Prevailing disorder, with absence of all progress and civilization, mark the character of the negro republic in its more recent history." The government is bank- rupt and has paid no interest on its public debt since 1874. CHAPTER VI. SWITZERLAND AND GERMANY. 42. Schweiz or Suisse. — Switzerland is a federal republic, comprising twenty-two states or cantons. The present constitution, based on the fundamental laws passed in 1848, came into force in May, 1874, having been adopted by the people at the previous general election. 43. Like the United States Government. — The Swiss republic is a true federation of states with equal representation in the national senate, or " state council," and with full rights of self government Each 41. What is said of the origin, history and present condition of Liberia ' 42. What is the government of Switzerland ? IN THEORY AND PRACTICE. 43 canton elects but two senators, even when, for purposes (jf self government, the canton is politically divided. Representation in the lower house is apportioned on the basis of population, the canton of Berne having twenty- live deputies, and that of Zug but one. The chief magistracy is vested in a president, and there is a su- preme court, " or federal tribunal," which is both the interpreter of the constitution, and the high court of appeal. But the chief likeness is in the carefulness with which the states maintain their individuality, even in cases where the local government is merely a mass meeting of the electors 44. Unlike the United States Government. — The legislative and executive authority of the Swiss government is vested in the congress of both houses, called the Federal Assembly. The members of both upper and lower houses, (elected every three years), besides their positions as legislators, have, as members of the joint assembly, executive powers and responsi- bilities. These are, according to law, deputed to a bundesrath,or federal council,of seven ministers chosen every three years by the assembly, and to a president and vice president elected by the assembly for the term of one year. The assembly also elects the members of the federal tribunal of eleven judges, that corres- ponds to our supreme court. These hold office for six years and decide all matters in dispute between the various cantons themselves, between them and the federal government, and act in general as a high court of appeal. 45. Origin and History. — The Swiss confedera- tion was originally founded in 1308 by the cantons of 43. Do you think that it was modeled on that of our own country? Why not? 44. What is the vertical division as conquerors of Asia Minor and lower Europe, had no easy task in framing a system of government to adjust itself to many and diverse races and creeds. The plan of the government was smiply that of an extended military command, in which all below the sultan were accounted equal, ex- cept as they found favor in the sultan's sight. There IS no aristocracy in Islam, and though certain provinces will submit only to their hereditary chiefs, there is the- ♦T,'^^',y?°P ^^^' ^""^ Moslem governments based ? What check is placed on tne wm of the sovereign ? V/hat is the porte ? What is said of the local ad- ministration ? Of th e courts of law ? 124. What is said of the origin of the Turks as a people? What of the tounding of the empire? Of the development of its institutions? I02 CIVIL GOVERNMENT oretically no hereditary right in opposition to the sul- tan's will. The appointments of the porte are given to those who can rule and will support the administra- tion with force if necessary. The entire government rests on a basis of force, which is by no means incon- sistent with the precepts of the Koran, 125, Arjana, Eran, or Persia.— The form of government m Persia is similar to mat of Turkey, being based on the Koran and the necessity of ruling a tur- bulent, half civilized people. The shah claims im- plicit obedience as the vicegerent of the Prophet Mo- hammed, and his commands are seconded by the priests when considered in accordance with the scripture. The executive pov/er is administered by a divan, for- merly consisting of but two officers, the grand vizier and lord treasurer, but in recent times comprising the heads of seven executive departments, as in European countries. As in Turkey the local goverr.ment is administered by appointees of the shah, except in the villages where the people choose a chief magistrate. The administration of justice is less complex than in Turkey, since the Persians are nearly all Moslems of the Shi-ite sect. The dissenters comprise Ar- menian or Nestorian Christians, vv^ho are treated with tolerance, and Jews and Guebres (fire worshipers), who are oppressed. 126. Origin and History. — Ancient Persia was illustrious at the very earliest period of authentic his tory, but this glory declined after the defeat of Xerxes, and ended with the conquest of Alexander. Persia rose again in the third century of our own era and un- til the seventh century enjoyed great prosperity. Then 125, What is the form of government m Persia ? How does it compare with that of Turkey ? 126. What is the history of the Persian government? IN THEORY AND PRACTICE. 103 it was conquered by the armies of Mohammed, and an Arab dynasty was founded, which gave way in the eleventh century, to the rule of the Seljukian Turk. This was followed by the invasions of Genghis Khan and Tamerlane, after which Persia, under the Sofee dy- nasty, became powerful, and in 1739 invaded India. The present dynasty was founded m 1794, and under it Persia has formed diplomatic relations with other kingdoms, abandoning her ancient policy of excluding foreigners. 127. Maghrib-el-Aksa, or Morocco. — Like Persia, Morocco is governed by a despotism, which, while acknowledging the authority of the Koran, re- jects the Ottoman kaliphate. But the despotism is more absolute, for the sultan of Morocco is the only authorized interpreter of the Koran and the com- mentary thereon by Sidi Beccari, which is the Moor's text-book of faith. Neither does the sultan deign to have a grand vizier or other official representative, but admininisters the jjovernment through his favorites among the courtiers who surround his person. 128. Origin and History. — The kingdom of Mo- rocco was established in the eleventh century by Abu- Beker, the first of the house of Almoravides. The present dynasty was founded in the seventeenth cen- tury by Mulai Shereef-el-Fileli. 129. Wilayat, or Afghanistan. — The govern- ment of Afghanistan is a personal despotism, main- tained by force, and justified, so far as seems necessary, by reference to the principles of the Koran. The government resembles that of Turkey, but differs from it somewhat in admitting the hereditary principle. The people are grouped in tribes, the sardars (01 127. How is Morocco e^verned? 128. What is said of its history? 129. What is the government of Afghanistan ? i©4 CIVIL GOVERNMENT princes) of which are often strong enough to defy the ameer, or lord of the land. 130. Origin and History.— The Afghans claim descent from the ten tribes ot Israel, and there seems little reason to deny the claim. From the eighth cen- tury to the nineteenth the Afghans maintained almost constant warfare with the Tartars on the one hand, and the Hindoos on the other. During the present century the country has been twice invaded by the British, and the ameership has been three times the cause of civil war, so that there has been little oppor- tunity for the growth of peaceful political institutions. CHAPTER XVI. CHINA, JAPAN AND SIAM. 131. Chung Kwo or the Middle Kingdom. — Besides the despotism.s of Islam, there are several other quasi-religious despotisms, in which state and church are closely united. In the Chinese empire, state and church are identical, the emperor being the high priest and the state officials the only priesthood attached to the Confucian or state religion. As the religion of Confu- cius is a form of ancestry worship, so the government it authorizes is modeled on the government of the fam- ily. Here we find the union of the patriarchal and theo- cratic systems. Theoretically a most absolute despot- ism,— for the Hwangii^ or emperor, is declared the highest legislative and executive power, without limit or control — China has still a constitution, called the "collected regulations of the great pure dynasty." These regulations are recognized as binding upon the emperor and though he himself is subject to no re- 130. What is the history of this people ? IN THEORY AND PRACTICE. 105 straint, public opinion would prevent his servants vio- lating the regulations even in obedience to the royal will. The administration of the empire is under the su- preme direction of the ''Interior Council Chamber," comprising four members, two of Tartar and two of Chinese origin, besides two assistants from the Han- lin, or Great College, who have to see that nothing is done contrary to the civil and religious laws, contained in the " regulations " and in the sacred books of Con- fucius. Under the council chamber are six boards of government, somewhat similar to the committees which, in the German federal council, take the place of the usual secretaries of state. Each board is presid- ed over by a Tartar and a Chinese. Independent of the government and theoretically above the central administration, is the Tu-chah-yuen, or board of pubic censors. It consists of from forty to fifty members, under two presidents, one of Tartar and the other of Chinese, birth. By the ancient cus- tom of the empire, all the members of this board are privileged to present any remonstrance to the sover- eign. One censor must be present at the meetings of each of the six government boards. There exists no law of hereditary succession to the throne, but it is left to each sovereign to appoint his successor from the members of the royal family. Jf an emperor dies without designating his successor, the choice is exercised by his widow or by his next of kin, acting in the name of the family. The administrative machinery of the government is very perfect in its organization. In each of the eighteen provinces is an imperial representative as governor with 131. Describe the relation between state and church in China. Also the machinery of go'fernment. What is the board of censors? The law of succes- sion? The local government? io6 CIVIL GOVERNMENT almost despotic power over the life and propeity of citizens, bat carefully restrained in his management of the government interests. Even the appointment of his subordinates is regulated by a system of com- petitive examinations, making the government one of the njost l)ureaucratic on the face of the globe. 132. Origin and Historyo — The Chinese govern- ment is, as above stated, an elaboration of the principle of filial duty. It refers, for authority, to the writings of Confucius (on Con fut-se) who in the sixth century before Christ, compiled the ethical traditions of the race. The present dynasty was founded by the Manchu Tartars who conquered China in 1644, and, usurping the government, established as a concession to their subjects, the present system of duplicate presidencies of the official boards. 133. Sho Koku, Nippon or Japan.— The gov- ernment of Japan resembles that ol China, from which, indeed, it is derived. The power of the mikado, or emperor is absolute and unlimited in temporal as well as spiritual affairs, but the government is administered through an executive cabinet modeled on that of the French empire. There are also two appointed repre- sentative bodies v/ith advisory powers— the sa-in or senate, of thirty members, and the sho-in or council of of state, of an unlimited number, both nominated by the mikado and consulted by him at his pleasure. A parliament of deputies selected by the provincial gov- ernments was created in 1869, but was soon dissolved ard has not since been summoned. The council of state, though formed on the model of that of the French empire, is a much more important 32 Upon what is the Chinese government based.^ When was the dynasty 9 founded? IN THEORY AND PRACTICE. 107 body. It is charged with the duty of framing the laws, and forms the Left of the Great Council — the Center be- ing the premier and his advisers, and the Right the heads of executive departments. This Great Coun- cil administers the government, subject, of course, to the will of the autocraiic mikado. For the purpose of local government, Japan is di- vided into thirty- six ken aiid three/z^, the latter differ- ing from the former only in name. These provmces are ruled like those of Russia; by a governor appointed by the national government, Over these governors, provincial assemblies, elected by the people, exercise a supervisory power. The districts, into which the pro- vinces are subdivided, are governed in similar man- ner. Early in November, 1881, the Mikado Mutsu Hito issued a proclamation stating that he intended in the twenty-third year of his reign (1890) to "summon deputies of the people with a view to the establishment of a representative assembly, which will be the fulfil- ment of the intention entertained from the beginning," and at an early date to establish a constitutional form of government. Thus a limited constitutional mon- archy will, ere many years, take the place of a despot- ism that has existed for t^wenty-nve centuries. 134. Origin ana History.— The ancient Japan- ese government, as well as the religion upon which it was based, was derived from China by way of Corea. In it, the mikado (or ''Venerable one") was supreme, possessing full pov/er over the life and property of his subjects and exacting the personal service of every man one day in twelve, by w.y of taxes. This system was gradually undermined by the military power of 133. Whence was the g:overnment of Japan derived? How is it being re- modeled? Describe the national government as it now exists. The local gov- ernment. What changes are proposed by the mikado? io8 CIVIL GOVERNMENT the daimios, or feudal nobles, who lodged all the tem- poral power in the hands of an aristocracy of 266 chiefs, headed by the tycoon, and supported by an army of 500,000 men — leaving the mikado spiritual governor only. The government of the, daimios was tyrannical and oppressive, and this led in 1868 to a revolution which reinstated the temporal power of the mikado, reducing the nobles to the position of simple tenants of the estates in their hereditary possession Since his restoration, the mikado has used his authority to liberalize the empire, as a preparation to giving his people a share of the powers and responsibilities of government 135 Thai, Sayam, or Siam. — Siam is called by its inhabitants Thai, or Maiiang-Thai, which mean, "free'' or '"the kingdom of the free." Siam, or Sayam. is Malay, signifying "brown." Despite its boasting title, the kingdom is governed in the most despotic manner. The king is absolute and each of the forty one phajas, or governors, is absolute master within the limits of his province. The state religion is Budd- hism, which permits rather than authorizes despotism, but there being no regular priesthood, the state officials are the recognized upholders of the faith. Since little is known of the origin and history of Siamese institutions, comment thereon seems super- fluous. 134. What is said of the ancient government of Japan? Vv'hatof the usurpation of the daimios? Of the government since th e restoration? 135. What is said of the name Siam? Of the form of government in that country ? IN THEORY AND PRACTICE. 109 CHAPTER XVII. MINOR STATES. 136. Hawaii or the Sandwich Islands.— There is a class of minor stales which, though nominally in- dependent and sovereign, are just emerging from bar- barism, and adopting political forms. The constitu- tions of these governments are imported and have lit- tle hold upon the people, though in some cases foreign immigration has supplied a class politically instructed in the use of legU torais One of the best instances of this class of states is the kingdom ot Hawaii. This kingdom was founded in 1782, by Kamehameha I. nephew of Kalamhopmi who was chief of the island of Hawaii, or Ovvhyee, at the time of its discovery by Captain Cook in 1779 Kamehameha, who was a great warrior, usuiped the chieftainship after his uncle's death, and by conquest extended his authority over the other Sandwich Islands. This monarch, in appointing a successor, as by Hawaiian custom he had a right to do, appointed also a chief adviser. The premiership thus founded is an important office in the Hawaiian constitution, being granted an absolute veto over the executive acts of the king, even as the king has an absolute veto on all legislation. The legislative power is granted, in general terms, to an assembly of represen- tatives elected by the people, and to a council of chiefs or nobles appointed by the king. The government of Hawaii has not been altogether successful, and it has several times sought annexation to established states. England, France and the United States were successively approached, but none of them welcomed the project. Thrown back on its own re- 136. vVhat is said of the character of tb*-, government of Hawaii ? What oi its history and development? no CIVIL GOVERNMENT sources, the kingdom has since endeavored, by offering great inducements to immigrants, to build up a state worthy of its liberal constitution. 137. Tonga. — Resembling Hawaii, buion so small a scale as to seem a caricature, is the little kingdom of Tonga, better known perhaps as the Friendly Isles. The monarch of this little state of 25,000 inhabitants maintains a parliament and conducts his government with the forms borrowed from European kingdoms. The mimicry is amusing and apparently harmless, though it may be carried to the extent of burdening the people with taxes for the support of useless institutions. 138. Sarawak. — In this connection may be men- tioned the little state of Sarawak-, on the northwest coast of Borneo, the sovereignty of which was purchas- ed of the sultan of Brunei in 1842, by James Brooke, an English gentleman desirous of giving the country an enlightened goverment. He bequeathed the rajah- ship to his nephew, the present sovereign. The gov- erment is a benevolent despotism, in which the subjects are consulted with a view to their participation when more fully enlightened. 139. Madagascar. — Part of the island of Mada- gascar still remains under the primitive tribal form of organization, but the ruling race, the Hovas, have framed a centralized despotism resembling those of Asia, The monarch, though reverenced as of divine appoint- ment, is not altogether autocratic, being obliged to obtain the consent of the chief nobility in making laws. 140. Abyssinia —This long established state seems to have derived its political institutions, at least in part, from Egypt and Islam. It is said, by native 137. What of the kingdom of Tonga ? 138. Who founded the state of Sarawak? How is it governed ? 139. What progress have the Hovas of Madagascar made in the art of government? IN THEORY AND PRACTICE. Ill historians, to have existed since the time of Solomon, one of its royal families claiming lineal descent from the queen of Sheba. Its government resembles that of Af- ghanistan in being merely the supremacy of one chief over his fellows, maintained by force of arms. 141. Zanzibar. — The sultan (t. e. "great one") of Zanzibar holds his power by the strong hand, resemb- ling in this the sultan of Morocco. 142. Brunei or Borneo. — The sultan of Borneo, by a judicious disposal of his supposed rights over the largest island in the world, and by grants of commercial privileges to foreign companies, has strengthened his tenure of office by making it for the interest of others to support him. His government is simply the suprem- acy of one chief over a number of other tribal chiefs, or rajahs. By the support of his foreign commercial allies, the sultan can not only maintain his supremacy over the rajahs, but he can exact a degree of obedience in return for his support in upholding them against rival chiefs of the same tribe. This country may there- fore be considered in the transition state from the sav- age tribal form to the Asiatic despotism. 143. Object of Classification. — The object of strict classification of states as sovereign and depend- ent, would be more apparent if the claims of the strong- er states to influence the action of the weaker were open and declared. As it is, all the minor states are in a measure "protected" by their treaty, with more powerful governments, and in passing under the exclusive suz- erainty of any nation they do not all at once lose their 140. What is said of the origin and nature of the government of Abys- sinia? 141. What of that of Zanzibar ? 142. How has the sultan of Brunei extended and strengthened his power? What is the nature of his government? 143- What is said of the object of classifying states as sovereign and de pendent? H2 CIVIL GOVERNMENT right to treat with other powers on the basis of equal- ity. A line must be drawn, however, between govern- ments which are complete and those which have yield- ed any portion of their powers to another, and this distinction is naturally based on the principle of sov- ereignty. PART DEPENDENT AND COMPONENT STATES. CHAPTER XVIII. TUNIS, EGYPT, BULGARIA AND THE TRANSVAAL. 144. Dependent and Component States. — Non sovereign slates may be classified as protected, tributary, colonial and component. Thus a power may obtain by treaty what is known as suzerainty over a foreign state without attempting to derive any revenue therefrom. This gives the suzerain state the right to interfere in the relations between the protected state and other powers. On the other hand, a province may so far gain its independence as to leave its former sovereign only a suzerainty, accompanied by an annual tribute. Or the province may, as is often the case with colonies of civilized states, be granted autonomy, /. e., — the right of local self-government — while still acknowledging the superiority of the parent state. There is of course no necessary connection between the degree of the dependence and the manner in which it was brought about. Component states are those which, though integral as to local affairs, form one of a federation as to na- tional affairs. 145. Afrikija or Tunis. — Tunis is a kingdom or beylik under the suzerainty of France. From the be- ginning of the eighteenth century to 187 1, Tunis was tributary to the Turkish porte, but in that year became virtually independent by special firman. In 1881 the 144. Define dependent states. Define component states. 114 CIVIL GOVERNMENT French overran Tunis in retaliation for the forays of Tunisian Arabs. By the treaty of May 12, 1881, France engaged to protect the frontier and coast of Tunis and protect the state against foreign powers, and Tunis engaged to make no further treaties with other nations without the consent of France. As for exist- ing treaties, they were specifically confirmed by the first clause of the treaty, but in the fall of 1882 were dissolved by international agreemente The government of Tunis is vested by its constitu- tion in the bey assisted by a ministerial council, com- posed of six heads of departments. The French min- ister resident supervises all foreign affairs j and French officials assist in providing for the liquidation of the public debt. The organic law of Tunis was established by de- cree of the autocratic bey in i86i,but v/as suspended from 1864 to 1877. Those chiefly interested in the maintenance of the constitution were the foreign immi- grants, the Arabs apparently preferring the Koranic despotism. 146. Kemi, Misr or Egypt. — Egypt is under the protection of England and under the suzerainty of the Turkish porte, paying to the latter an annual tribute of ;^7 20,000. Though at present v/riting, no permanent settlement has been made, it is probable that Egypt will be encouraged to repudiate her engagement with the porte and become nominally a sovereign state but real- ly a dependency of the British empire. The government of Egypt is in a state of transition from the despotism which existed before the rebellion of 1882, and the enforced concession of an organic law 145. Describe the relations between Tunis and France. How is Tunis governed? What is said of its constitution? 146. In what relation does Egypt stand toward England. Toward the porte? How is Egypt governed? IN THEORY AND PRACTICE. 115 by the khedive, to a constitutional and representative monarchy. A plan of government has been formulat- ed by the English ministry and approved by the British representatives in Egypt. By it the legislative power is entrusted to a ministerial council, subject 10 the approval of a representative council, partly ap- pointed and partly elected. In case of a dispute, de- cision will rest with the khedive. The election of re presentatives in the council is to be indirect, probably coming through the assembly of notables, which is still to exist in the shape of a chamber of forty five depu- ties. The selection of the notables will rest, as hereto- fore, with the head men of the village communities. This lower house is to have no legislative power at present, but will afford the people an insight into the working of their government. 147. Origin and History. — From the advent of the Turk until the beginning of the present century, Egypt was a mere pashalik of the sultan, but Mehemet Ali, appointed pasha or governor in 1806, speedily made himself master of the country and compelled the sultan to grant him the government of the province under the title of "vali," or viceroy. The office was made hereditary, the title resting, according to moslem custom, ill the oldest male relative of the sovereign. In 1866, the sultan was persuaded to grant the title "Khediv el Misr," (king of Egypt) and to change the succession to the direct line. By this firman of 1866. the suzerainty of the sultan was recognized only by tlie annual tribute of fe, 600, 000, by the imperial cipher on Egyptian coin, by the preservation of the porte's an cient right of sending embassies to examine Egyp- tian affairs and by the weekly prayer for the sultan in the mosques. But the sultan still retained the right to depose the khedive (provided he had the military power), and in 1879 he exercised this right, at the re- ii6 CIVIL GOVERNMENT quest of the European powers who complained that Is- mail borrowed money and made no effort to repay it. In confirming the new khedive the saltan took from him the right to pledge the credit of the state for for- eign loans and the right to increase his army beyond a specified limit. Such was the condition of things at the outbreak of the Anglo-Egyptian war. This war was waged by England to uphold the authority of the Khedive Tew- fik and to subdue an insurrection directed against the control of financial affairs, which had been entrusted to representatives of England and France. The war was successful, but the control was abandoned and a financial adviser appointed without executive powers. 148. Bulgaria.— The province of Bulgaria was by the treaty of Berlin in 1878 constituted an "autonom- ous and tributary principality under tlie suzerainty of his imperial majesty, the sultan." The amount of tribute is based on the mean revenue of the state, and is payable annually in such a manner as the parties to the transaction agree upon. The prince is elected for life by i\vi people, through a constituent assembly, and as this assembly is em- powered to fill vacancies in the princely office, it has also traditional right to declare such vacancies, thus deposing an unpopular prince. By the constitution adopted in 1879 and amended in 1881, the legislative authority is vested in a nation- al assembly of two chambers, — four appointed by the prince and eight indirectly elected,— and a chamber of deputies, the members of which are elected every four years by universal manhood suffrage. The prince has the right to appoint members to the lower house equal to one-half the number already elected, and T47. Give the history of the relations between Egypt and the sultan. Also the cause and effect of the Anglo-Egyptian war. IN THEORY AND PRACTICE. 117 over and above this has the right to dissolve the chambers at any time and call for a new election. Extraordinary legislative powers were granted him for twelve years by the constituent assembly of 1881, so that he is at present little less than a despot. The executive authority is administered by a council consisting of the chiefs of the seven departments of state 149. Origin and History. — The principality of Bulgaria was established in 1879 ia accordance with the decision of the congress of Beriin, called to de- termine the results of the Russio-Turkish war. A constituent assembly drafted a constitution and elect- ed as prince Alexander, a scion of the royal house of Hesse. The legislature at first consisted of but one chamber, but in 1881, the prince insisted, as a condi- tion of his retaining the throne, on a revision of the constitution, the e.^tablishment of a senate and a grant of special powers for a term of years. This was granted by the great national assembly, July 13, 1881. 150. The Transvaal. — The republic of the Transvaal in South Africa is under the suzerainty of Great Britain, but no tribute is exacted. Its r'ghts of sell-government are administered by a president and a volkhraad, or chamber of deputies. The Trans- vaal was colonized by Dutch Boers from the British settlemeiUs. Its independence was acknowledged by England in 1852, but in 1877 the latter country, dur- ing its war with the Zulus, annexed the Transvaal. The Boers having vainly protested, took up arms to preserve their independence, which was finally 148. How IS Bulgaria subject to the sultan? How is the state governed? 149. ^'hen and how was the principality established? What changes were made in 1881? 150. What is said of the government of the Transvaal? What of its rela- tion to the British crown? Il8 CIVIL GOVERNMENT conceded in 1881, the British crown reserving the suzerain right to supervise the foreign relations of the republic and its dealings with the native tribes. CHAPTER XIX. AUTONOMOUS COLONIAL DEPENDENCIES. 151. British Colonies. —Nine ot the British col- onies have secured full rights of self-government, ex- cept in the choice of their chief magistrate, who is ap- pointed by the British crown. Over these states the British government exercises only the suzerain right of supervising foreign relations, together with a veto — through its appointed representative—on the laws passed by the colonial legislature. 152. Dominion of Canada. — The Dominion of Canada consists of the Provinces of Ontario, Quebec, Nova Scotia, New Brunswick, Manitoba, British Co- lumbia and Prince Edward's Island. These provinces were united under the "British North American act," passed by the imperial parliament, and established by royal proclamation July i, 1867. The act orders that the constitution of the dominion shall be " similar in principle to that of the united kingdom ; that the ex- ecutive authority shall be vested in the sovereign of Great Britain and Ireland, and carried on in her name by a governor general and privy council; and that the legislative power shall be exercised by a parliament of two houses called the senate and the house of com- mons. The seventy-seven members of the senate are appointed for life by the governor general, but are ap- portioned to represent the different provinces. The members of the house are elected by the. people for 151. What liberties have been granted to the most powerful British col- onies? IN THEORY AND PRACTICE. 119 five years, on the basis of one deputy for every 17,000 of population. The qualification for the franchise varies in the different provinces, as it is fixed by the provincial assemblies. The seven provinces forming the dominion have each a separate parliament and administration with a lieutenant governor at the head of the executive. They have full power to regulate their own local affairs, dis- pose of their revenues, and enact such laws as they may deem best for their own internal welfare, provided only they do not interfere with the action and policy of the central administration. The relation between the Canadian provinces and the dominion government is somewhat similar to that existing between the states of our union and the federal government. The provinces have not the choice of their chief executive, it is true, but that choice is exercised, not by the dominion, but by the imperial government through the governor-general. On the other hand the appointment of the chief magistrate by the crown detracts little from the autonomy of the do- minion, since the real executive, the ministry, is sub- ject to the will of the majority in the house of com- mons. 153. Origin and History. — Before the act of confederation, the dominion was governed by the Brit- ish colonial office, according to the status of the col- onies. Upper and Lower Canada (now known as On- tario and Quebec) had secured a union under a par- liament and a responsible ministry in 1840. This was the result of a happy adjustment of the troubles which 152. Of what does the Dominion of Canada consist? When and how were these provinces united? In vvhom are the powers of government vested? What is said of provincial government? What of the relation between province and dominion? I20 CIVIL GOVERNMENT led to a brief revolt in 1837. Tiie desire of the other colonies to share the independence of the Canadas, led to the confederation with them in 1867 of New- Brunswick and Nova Scotia. The territory of the Hudson Bay company was transferred to the domin- ion in 1869, and the province of Manitoba created. British Columbia joined the federation in 187 1 and Prince Edward's Island in 1873. Provision was made for the admission of Newfoundland, but that province has so far deferred her acceptance of the invitation. 154. Newfoundland. The people of Newfound- land number about 160,000 altogether. They are chiefly engaged in catching and curing fish, or in trades attendant upon this industry. The agricultural and mineral resources of the island have not been developed. Indeed, we are assured that "until about fifty years ago, nobody was permitted to settle in the interior of Newfoundland to hold a farm or build a house, lest the fishery should be neglected." Since 1855, Newfoundland has possessed a consti- tutional form of government, with an assembly elected by household suffrage and a small legislative council appointed by the governor, who is nominated by the British crown. The executive power is in the hands of the ministry, which is responsible to the representa- tive assembly. 155. Cape Colony.— Like Canada, the South African state "of Cape Colony is governed by a parlia- ment and a responsible ministry. It is a unified or in- tegral state, however, not a federation of provinces, 153. Give the origin and history of the Canada confederation. 154. What is said of the development of Newfoundland? How is the colony governed? 155. How are the powers of government apportioned in the Cape Colo- nies? IN THEORY AND PRACTICE. I2i and hence its executive ranks as a governor and not as a governor-general. The constituiion vests the executive pov/er in the governor and an executive council, compose \ of certain officeholders appointed by the crown The legislative power is given to the legislative council of twenty one members, and to the house of assembly of sixty-eight members. The as- semblymen represent the various town and country districts, and are elected every five years by popular suffrage, subject to property qualifications for both voter and deputy. The councilmen are also elected, (subject to similar qualifications) but in a different way. Up to i88[, they were chosen on general tickets — scrutin de liste, as the French say — by the voters of the two districts into which the colony was divided. The tjn representing the eastern district were chosen for ten years; the eleven representing the western dis- trict for five years. Some changes have been made in the interest of uniformity, but the general plan still remains the same. 156. Origin and History. — The Cape of Good Hope was discovered by the Portuguese, colonized by the Dutch in 1652 and conquered by the English in 1796. In 1803 It was given up to the Netherlands, but was again occupied by the British three years later. The colony first secured its political liberties in 1853, after successfully resisting, in 1850, the landing of a cargo of British convicts. By act of parliament in 1853 the colony was granted a representative govern- ment, which was established the same year, but it was not until 1872 that the ''system of executive admistra- tion commonly known as responsible government" was formally introduced. Though not in every respect a success, the new order of things is generally satisfac- 156. What is the history of representative institutions in this colony? 122 CIVIL GOVERNMENT tory, and it is seriously proposed to unite the British African possessions under a dominion government sim- ilar to that of Canada 157. New South Wales.— New South Wales, the oldest of the Australian colonies, possesses a "re- sponsible government" established by act of parlia- ment in 1855. The constitution vests the legislative power in a parliament of two houses — a legislative council nominated by the crown and an assembly elected by universal manhood suffrage in the 102 dis- tricts into which the colony is divided. The executive in this, as in other colonies, is vested in a governor ap- pointed by the crown. The government is more democratic in practice than in theory. The power is almost entirely in the hands of the ministry, which is virtually a committee of the assembly. In the twenty-eight years of its existence the assembly has made and unmade nearly as many ministries, which shows a determination to rule on the part of the people's representatives The legislative council finds its sphere in revising, without essentially modifying, the work of the assembly. 158. Origin and History. — New South Wales, discovered by Captain Cook in 1770, was first col- onized in 1788, the British Government having made it a penal settlement. The colonial territory at first extended over the eastern half of the island, but the erection into separate colonies of South Australia in 1836, Victoria in 185 1, and Queensland in 1859, re- duced the colony to its present limits. The transpor- tation of convicts lasted until 1840, and was a great drawback to the growth of the colony. The gold dis- 157. What is the form of government in New South Wales? How are the powers apportioned? 158. When and how was the colony founded? What are the chief facts of its history? IN THEORY AND PRACTICE. 123 coveries of 1851 gave an impetus to immigration, but the population and the prosperity thus gained did not fit the colony for self-government. The political his- tory of the colony has been that of lax administration of law, together v/ith profuse expenditure of public funds. The exceptional position of the colonies, hav- ing neither foreign foes nor aboriginal tribes to contend with, will make it easy to carry their load of national debt, without burdening the people with heavy taxa- tion. And since the colonies have similar interests, a federation like that of Canada, if not a union of inde- pendent states like the United States, is among the possibilities of the future. 159. Victoria. — This state maintains a similar form of government to that existing in New South Wales. Its legislative council is, however, elected and not appointed, a property qualification being enforced on both voter and deputy in the election. Only col- lege graduates, schoolmasters, ministers, lawyers and doctors are, as voters, exempt from this property qual- ification. By the reform bill of 188 1, the electoral dis- tricts for coLincilmen were increased to fourteen, and each district was allowed three representatives. These were chosen for six years, one third retiring every third year, as in the United States senate. _ The mem- bers of the lower house are elected by universal man- hood suffrage everv three years. First settled in 183c;, Victoria was, until 1 851, known as the Port Phillip district of New South Wales. Its career since its erection into a colony has been un- eventful, like that of its sister colonies. 160. South Australia. — The constitution of South AustraUa resembles that of Victoria in making the up- 159. Compare the government of Victoria with that of the parent colony. Whrit is said of the settlement and history of the colony ? 124 CIVIL GOVERNMENT. per house elective. This house, known as the legisla- tive council, is composed of eighteen members, six of whom retire every four years, making the term of of- fice twelve years. Councilmen are elected on a gen- eral ticket by the colonists, subject to property quali- fication for voters, but not for condidates. The house of assembly is elected by manhood suffrage every three years. The colony of South Australia was founded in 1837 by an association formed in England to carry out the Wakefield plan of an ideal settlement. The land was to be divided into lots according to an arbitrary plan, and sold to capitalists at a fixed price, and the pro- ceeds of such sales were to be spent in building roads, founding schools and making other improvenents to invite emigration and enhance the value of the land. The scheme, as a whole, was abandoned, but being worked out in many minor points, it had a marked ef- fect on the character of the colony. The chief indus- tries of the colony are agriculture and sheep grazing. Mining is carried on extensively, but this is not for gold, but for copper and iron, and the colony has been spared the agitation of the "gold-fever." Its political development has been peaceful and steady. 161. Queensland. — The government of Queens- land is administered by a governor and a parliament. The governor is appointed by the crown and is assist- ed by a responsible minstry. The parliament consists of two houses— the legislative council of thirty members nominated by the crown for life, and the legislative assembly of fifty-five deputies, returned from as many electoral districts, elected for five years by the vote 160. How is South Australia governed ? What was the plan of its set- tlement ? 161. How is Queensland governed? When and by whom was it settled? IN THEORY AND PRACTICE. 125 of all tax payers. A tax-payer in several districts is entitled to vote in each, irrespective of his place of residence. Like New South Wales, Queensland was a first a penal colony, being settled by convicts in 1825. In 1842, the country was thrown open to free settlers and has since been rapidly colonized. The immigrants at first were chit fly troni England but of late years many have come from China and the South Sea Islands. 162. Tasmania. — By the constitution of Tasmania the legislative authority is vested in a parliament of two houses, a legislative council of sixteen members, elected by citizen subjects of the British crown who possess either a freehold worth £^^0 a year, or a lease- hold of ;2{^2oo, or have a commission in the army or navy, or a university degree or are in holy orders — and a house of assembly of thirty-two members elect- ed by the people, subject to a small property qualifi- cation, Tasmania — once known as Van Diemen's Land, in honor of a governor of the Dutch East Indies — was discovered by the navigator Tasman in 1642; and afterward partially explored by Captain Cook. The first penal settlement here was in 1803 ; and till 1813 it was merely a place of transportation from Great Britain and from New South Wales, of which colony it was a dependency. Transportation to New South Wales having ceased in the year 1841, Tasmania be- came the only colony to which British convicts were sent. This ceased in 1853, when the practice of trans- portation was abandoned. 163. New Zealand. — The government of New Zealand was established by statute in 1852 and re- 162. How does the constitution of Tasmania compare with that her sister States? What is said o* its history? 126 CIVIL GOVERNMENT modeled in 1875. It resembles its sister colonies in the general iorm of its government. Its legislative council is appointed by the crown and its house of assembly elected by the people subject to a property qualification. The executive authority is nominally vested in the governor, but the administration is en- trusted to a responsible ministry of nine members. There are also two native (Maori) members of the ex- ecutive council, not in charge of any department, who have a voice in the direction of native affairs. New Zealand, first established as a colony in 1840, has made rapid progress, owing to the advantages it offers to immigrants. Of the area of 505,342 square miles, two thirds are fitted for agriculture or grazing, and the Maori population, though comparatively more numerous than that in Australia, has never caused serious trouble. 164, Barbarous Protected States.— There are several countries classed as "protected "which may be set down as in process of subjection or absorption ; and, for the double reason that their political institu- tions are little known and not likely to last, may be dismissed with a mere mention. Corea is one ofthese states; beyond the fact that its government is a religious despotism, presided over by a king so holy, ex-officio, that his name is never mentioned, but little can be said. Corea is subject to China and also to Japan, to the extent of not resisting these nations when they meddle in her affairs. Anam, or Cochin China, has a similar form of government, headed by an emperor named, or styled, Tu-Duc. Anam has long acknowledged the suzerainty of China, but in 1787, the Emperor Gyalong accepted also the pro- 163. How are the people of New Zealand governed? 164. What is said of the constitutions of barbarous dependent state? IN THEORY AND PRACTICE. 127 tection of France, thereby incurring obligations which his successor would be glad to repudiate. Sulu, the archipelago to the nortueast of the island of Borneo, is governed by a barbaric despot, nominally owing allegiance to the crown of Spain, and there are others still too insignificant even for notice. CHAPTER XX. COMPONENT STATES. 165. Federated States. — The position of a feder- ated state differs widely from that of a dependency ; for much as it may lose in the power of self-govern- ment it gains a standing and a voice in national affairs. True, it may be outvoted and overruled, but the ]:!Osition of a voter in the minority is superior in dignity to that of a disfranchised citizen. A member of a federation of states is to be con- sidered in two relations; first, its status in the union, and, second, its position as a limited sovereignly. The state governments of our union and the constitu- tions of the German and Austrian states are especially worthy of studv. 166. Rights of Federated States.— The rights of the states of our Unio)i are all those pertaining to complete sovereignties, except in so far as the same have been delegated to the federal government. In exchange for this cession nf rights they have obtained certain rights in the union, which are guaranteed by the constitution. These are (i) Right to representa- tion by chosen delegates in the federal congress and to a proportionate vote in the election of the preside^ t; (2) reciprocal rights of free trade and inter-state citi- zenship, extending to the extradition of criminals ; 165 . What is the diflFerence between a component state and a dependency? 128 CIVIL GOVERNMENT (3) full faith and credit in its dealings with other states or with the federal government; (4), right to federal protection against invasion, or, when demanded, against domestic violence. As to representation the state has a right to at least one representative in the house, and to as many more as its comparative population entitles it ; a right to as many representatives in the senate as are sent by other states, and a right to as many electoral votes for president and vice president as it has representatives in both houses of congress. The right of citizens of one state to trade with those of another, or by residing within the territory of another state, to become possessed of the rights of citizenship in that state, is guaranteed to each state, and imposed on the states as a nation, by the constitution. The same may be said of the right of states to faith and credit. These rights can seldom be enforced, because, from their peculiar nature, they seldom appear in cases at law, but set forth rules of action, obedience to which is alv>rays pre- sumed by the courts. In the same way, a state has a right to protection against invasion or domestic vio- lence, but the president may at his discretion refuse it, forcing the state government to rely on itself. As to Mexico and the South American confederations, they were formed on the model of the United States, and the position of the component states differs from that of the members of our union mainly through a different interpretation of the constitution. In Venezuela, however, the state receives no guar- antee of protection against domestic insurrec- tion, and the federal government is expressly pro- 166. What are the inherent rishts of the states of our union? "^Vhat their rig' ts as members of ihe union? Note the difference in the case of Mexico and South American federations' In Germany, Austria, Hungary, and Sweden and Norwiiy. IN THEORY AND PRACTICE. 129 hibited from interfering. In that country, too, the national government has no administrative officers in the states, and is forced to rely on the state officials, whom it cannot coerce. In other states, Mexico par- ticularly, the federal officers have taken so much upon themselves, especially in the conduct of elections, that the independence of the states is seriously in- fringed. In European federated states there is no attempt made (except in the Swiss senate) to preserve the equalit,y of states, and if there is limitation placed upon the federal authority, it is usually because the larger states will not delegate their powers. Thus in spite of Prussia's overwhelming supremacy in the Ger- man empire, she jealously preserves her autonomy, and only exalts the federal power when it is necessary to overawe some of the minor states. Austria- Hungary and Sweden and Norway are bipartite states, united in the person of the sovereign and with a common army and foreign-affairs department. The Swiss canton resembles our state not a little in its carefully preserved independence, but the small size of the cantons puts comparison out of the question. 163. Limitations of Federated States. — It is important to consider the limitations of component states, since the sum of their limitations equals the dif- ference between them and sovereign states. Or, to put it in another way,the status of a member of a federation is the standing of an independent state minus the rights it has delegated to the central government. The first limitation is subordination of state law to federal legis- lation ; the second, the prohibitions placed upon the states by the federal constitution. In our union, the ''constitution of the United States and the laws made in pursuance thereof" and all treaties I30 CIVIL GOVERNMENT made by the proper authorities, are superior to state constitution and laws, and are made binding on the state courts. This is the case in nearly all the federa- tions as they exist to-day, though it was not so with us under the articles of confederation, nor is it the case in the united states of Venezuela. There the states are bound to regard federal legislation as supreme, but in the case of a dispute ever the constitutionality of an act of the national congress, state courts are bound by state laws imtil the matter has been settled by ^arbi- tration. The question was once raised whether^a state in our union could legally nullify, within its own bor- ders, an act of congress. This has been settled in the negative, as it would plainly lead to confusion, but in some cases, as in the Swiss federation, appeal can be taken from the congres- to the voters of the cantons, and an obnoxious law be so repealed. In token of this subordination of the states to the federal government, all legislative, executive and judicial offic ers in the states are obliged to take the oath of allegiance to the United States. The states of our union are distinctly prohibited from making treaties or alliances, either among themselves or with foreign powers, without the approval of con- gress. This is a wise provision, as the experience of the German and Swiss confederations abundantly proves. Yet the South American federations have not followed our example in this regard. The provinces of the Argentine Confederation expressly reserve the right to make contracts among themselves to '^administer justice and promote economical interests." The Venezuelan states claim the right to unite, in groups of two or more, 163. What Is the character of the limitations upon federal states? How far are component states subordinate to the nation? Name the chief constitu- tional prohibitions on the states of our union. On those of other federations. IN THEORY AND PRACTICE. 131 to form a single state, and to resunne their in- dividuality, without asking the consent of congress, and without loss of votes for president or representation in the federal senate. Yet in both these federations, the states — those of the Argentine by prohibition and thos: of Venezuela by pledge — are disabled as far as making political compacts with foreign countries goes. In the German empire, one state can cede territory to another without asking the consent of the central government, the empire claiming the right to interfere when the general order or security is threatened. Indeed there is nothing in tlie constitution explicitly to prevent a state from entering into an alliance with a forcgn state, and some of the states are allowed to maintain diplomatic representatives at foreign courts, but all this is with the understanding that the mandate of the imperial govern- ment, when delivered, is supreme. In the matter of commerce, our states are forbidden to coin money, emit bills of credit or make anything but gold and silver legal tender, or to pass any law impairing the obligation of contracts. The states are also debarred from interfering with the federal authority or regulating commerce by imposing duties of tonnage or duties upon imports or exports, except such taxes as may be neccessary to execute the state inspection laws. On these points most federations agree in limiting the states. The Argentine constitution prohibits the states from exercising the powers delegated to the na- tion. They cannot make laws on commerce or naviga- tion, nor impose duties, nor coin money, nor even charter banks of emission (as our own states can do) nor can they legislate in any sphere constitutionally occupied by congress. In Venezuela the states pledge themselves not to tax what congress has already taxed, nor to interfere with the federal regulation of commerce, 132 CIVIL GOVERNMENT nor impose commands on federal officers incompatible with their federal duties. In Germany, the central power clanns exclusive legislation with regard to the imperial army and diplomatic service, and also with regard to post and telegraphs, the regulation of com- merce, navigation, and emigration ; the disposition of the federal revenues and the exclusive right to tax sugar, sa t, tobacco, brandy and beer. The claim to c xclusive power to lay direct taxes upon specific com- modities is unubual. Mo.^t component states have the right to collect excises, which da not affect inter-state commerce. In Venezuela the states have exclusive right to do so. The German imperial government has also exclusive control of the banking system, coinage and the issue of paper money. The purpose of this control of matters affecting commercial interests by the federal puihority is to secure uniformity and fixity of law and the condi- tions of trade. A further prohibition upon component states is that they shall not without the consent of the federal gov- ernment maintain an army or navy in time of peace, nor commit any independent act of war. In this countr\, states usually mamtain a militia in accordance with an act of congress, but in some countries even this is not allowed. In Venezuela, however, the states claim the right to maintain forces, and refuse to allow the federal government to station its armies within the states in time of peace. In the Argentine Confederation, on the other hand, the prohibition on the states is absolute, and in Germany, Austria and Switzerland, the army, though composed of the united forces of the several states, is under the exclusive control of the central government. IN THKORY AND I'RACTICE. 133 CHAPTER XXI. STATE GOVERNMENTS. 168. State Governments of the American Un- ion. — The governments cf the states are republican in form, as required by the federal constitution, and as each new state submits its state constitution to congress before admission to the union, radical differences in the state governments were not to be expected. The same- ness, however, is greater than can be accounted for, even by the fact that the political systems were framed by men of the same race. The explanation is that the constitutions were all framed by men of similar aspira- tions, without political training (except in the matter of local government; that could bias their minds for or against political institutions. Ail the constitutions contain elaborate declarations of the rights of citizens which are not to be subjected to legislative or judicial interference, and which are reserved from the domain of government. Among these guaranteed privileges are the rights to the writ ol habeas corpus, to trial by jury, to due compensation for property seized for public use, to freedom of speech and of the pre^s; also the right of the people to petition and to vote at all elec- tions and for all officers except those legally appointed by the people's representatives. The constitutions all divide the functions of govern- ment into legislative, judicial and executive, and specify the manner in which the legislature is to be elected, defire the powers and duties of the executive officers and organize the state judiciary. The executive power is vested in a governor elected by the popular vote for 168. Note the points of similarity in the state eonstitutions. How and by whom are tue state governmi nts administered ? \v hat is the prevailing: sys- tem of local government? What variations occur ? How are town and county governments administered ? 134 CIVIL GOVERNMENT a fixed term, and in other elected or appointed officials. The governor is not allowed to choose the heads of departments, but they are elected with him and are but slightly subject to his control. The legislative power is vested in a legislature consisting of two -houses, a senate and an assembly. The senate differs from the assembly in comprising fewer members, representing larger constituencies. The judges of the different courts are usually made elective, but in some cases the governor is given power to appoint them or they are to be chosen by the legislature. In the matter of local government, there is no little variation in the different sections. All states are dividtd into counties — except Louisiana, where the divisions are styled parishes, a difference of name only — and in most cases the counties are subdivided into towns or townships. In the southern and extreme western states the county is the most important political division, and exercises most of the local government powers, such as the establishment of common schools, the levying and collection of taxes, the care of the roads and of the poor, etc., which powers in New Eng- land are generally exercised by the towns. In the middle states and those of the Ohio and Missouri valleys these powers are divided between town and county. Towns and counties are political corporations, char- tered by the state, and having power to own property and transact business. Cities are also incorporated, and where they occur, a third division of power is made, the city absorbing part of the rights of both town and county. The powers inherent in a county are exercised by its officers, usually elected by the people, but sometimes appointed by the governor of the state. In some cases the constitution provides for the county and town governments and in others it simply authorizes IN THEORY AND PRACTICE. 135 ihe legislature to do so. Usually a board of commis- sioners is elected to administer the powers entrusted to the county, but in some states the town supervisors form a county board. In Illinois, for instance, the people are allowed to choose wheiher they will have township organiziiion or not. If they decide to have it, each town is made a corporation and elects a super- visor, a treasurer and school and highway boards. The town supervisois meet at the county seat to form the county board and administer the county government, though there are also county officers, directly elected, as a judge, county clerk and treasurer, and superintend- ent of schools, coroner, surveyor, sheriff and district attorney. In New England, instead of supervisors, they have selectmen, three or more in each town, and in other states there are town trustees. The difference of name, however, is not material. 169. Origin and History. — During the Revolu- tionary War, most of the 01 iginai thirteen states adopt- ed constitutions, and by the date of the adoption of our federal organic jaw, all the states had written con- stitutions. Each of them provided for its own amend- ment or abrogation, and hence each has been gradually remodeled to suit the taste and fancy of the msijority of the state's citizens. Some of the states even limit the duration of their constitutions in order to force a re- vision and readoption. The tendency of these periodi- cal amendments was at first toward an increase of pop- ular rights, and toward decentralization. This led to the requirement that all, or nearly all, officers should be elected by popular vote, instead of being appointed. With this has come a tendency to restrjct the power of 169. What was the origin of the state constitutions ? What changes have been made in them ? Huw do you account for the difference of custom In county and town government 'f 136 CIVIL GOVERNMENT the state legislature, especially in the matter of special legislation and the incurring of indebtedness, as well as the imposition of taxes. Local political institutions have had a more natural growth. The county — a British term designating the district governed by a count — -became in America the jurisdiction of the county court. In the early days in Virginia., the justices of the peace appointed by the governor in a county, formed its court and had, m ad- dition to their judicial power, the direction of county affairs. County officers proper, such as the sheriff and coroner, were appointed by the governor with the con- sent of the court, but local officials, such as constables, school and road commissioners, etc., were entirely un- der the court's direction. In Pennsylvania and other colonies where the proprietary system prevailed, the county court — the court of sessions — wielded the chief power and made the county the most important politi- cal division. With the separation of the judicial from the executive branches of government, came a county board of commissioners, with the pov/eis and duties heretofore given to the court. These v/ere at first ap- pointed by the governor, but in time came to be chosen by the people. In Nev/ York and New England the town system pre- vailed. There the chief county officer was the sheriff, and public affairs were attended to by the elected offi- cers of the towns, or parishes, for the church was the center point of the community. In the Ohio and Mis- souri valleys, the town system also grew m favor, re- ceiving its impetus, not from the church, but from the school house. Each township had had a grant of school land from the state, and organized itself to take charge of it. The chief officer of the town was execu- tive, not judicial, and those of the county collectively formed a board of administrative officers, not a court. IN TFIEORY AND PRACTICE. 13? Here we find then, the town supervisor, who is ex officio member of the county board. The prevalence of one system or the other depended largely upon the political training of the earlier emi- grants, but in a mixed coiiimunity the system appar^ ently best adapted to the circumstances was well nigh certain to be adopted, the voters having a keen sen?;e of their own interest. 170. State Governments of Germany. — The German s'aie constitutions jjie^eil a more interesting study than those of our American states, because they are more varied. Tie German constitutions contain points of similarity doubtless, being framed by people of the same race, but they have different origins, and are more difficult to revise and amend, owing to vested interests; hence there exists great diversity, as will ap- pear on close examii ation. 171. Konigreich Preussen. — The government of Prussia is a constiunional monarchy. The constitu- non, — which was first proclaimed in 1849, but has since been greatly motiified by royal decrees — is recog- nized as a grant of the king and not a creation of the people. It vests the executive and part of the legislative pow- er in the king, who holds the crown by hereditary rii^h*. In his executive duties the king is ''assisted" by acoun- cil of ministers appointee] and removed by himself. In making laws, a representative assembly co operates with the king. This assembly consists of two cham- bers, — a Herrenhaus, or house of lords, and an Abgeord- netenhaus, or chamber of deputies. 170. What is said of the state governments of Germany? 171. How is Prussia governed ? State the comp sition of its house of ords. How are the Prussian deputies elected ? How are provinces governed ? i38 CIVIL GOVERNMENT The house of lords is composed of, first, the princes of the royal family who are of age, including the scions of the formerly sovereign families of HohenzoUern - Hechingen and Hohenzollern Sig- maringen ; secondly, the chiefs of the mediatized jjrincely houses, recognized by the congress of Vienna, !0 the number of sixteen in Prussia; thirdly, the heads < f the territorial nobility formed by the king — -num- bering some fifty members; fourthly, a number of life peers, chosen by the king ; fifthly, eight titled noble- men, electe*! by resident landowners m the eight prov- inces of Prussia; sixthly, the representatives of the uni> versities, the heads of "chapters," and the burgomas> ters of towns with above 50,000 inhabitants ; and seventhly, an unlimited number of members nominated by the king for life, or for a specified number of years. Representation in the lower house is apportioned, in some degree, according to taxation. The house, which consists of 433 members— is chosen as follows : Every Prussian twenty-five years of age and entitled to vote at his ni'micipal election, is given a voice in the elec- tion of deputies. These voters are so classified and arranged in three classes that each class pays one third of the aggregate direct taxation. That is, enough of the chief taxpayers to represent one third of the tax, are put in the first class ; then a second grade is made, (based upon the same principle of excessive taxpaying^> to include another third, and the remainder of the poll list is put in the third grade. This classification being made, each giade chooses one third of the number of deputy electors granted to the whole constitumcy on the basis of one wahlmann (or direct elector) to each 250 of population. The choice of the deputies by the electors completes the somewhat cumbersome mode of applying the property qualification. IN THEORY AND PRACTICE. 139 A cabinet, or '^ministry of state," often departments, to ( arry on the executive government, is appointed by t! e king and is responsible to him alone. The governors of the provinces are likewise appoint- 'd by the king, and the principal fuiictionaries of the counties, circles and pari.shes into which the provinces are successively subdivided, all are obliged to have their elections ratified by the king or his a}>pointees. 172. Konigreich Bayern. — Bavaria is governed by a king under a cunstitu ion granted by the crown to the people in 1818, and again in 1848. To the king belongs all the executive, and a good share of the law- making, power, but the ministry are held responsible, (by impeachment) for all executive acts, and :he legis- lative functions are shared with the chamber of the reichsrathe, or councillors of the realm, and the cham- ber of representatives. The reichsrathe contains cer- tain hereditarv and ex officio members — the princes of the royal family, the archbishops and the heads of specified noble families — as well as an unlimited num- ber of members appointed by the crown. The depu- ties are <■ hosen by the people in indirect election. 173. Konigreich Wurttemberg. — The constitu- tion of V/urttcmberg bears date Sept. 25, 1819. The executive p^wer is vested m a council of minister? rep- resenting the king. The legislative power is wholly in the hands of the parliament, which consists of two houses. The members of the upper chamber hold their seats by hereditary right or by the king's appointment for life. The king, hov/ever, can appoint but one^third of the chamber. The house of deputies is composed 172. Describe the government of Bavaria. 173. Give the chief points of the government of Wurttemberg. HO CIVIL GOVERNMENT of the chosen representatives of the landowners, of the clergy, and of the towns and rural districts. 174. Konigreich Sachsen — By the constitution of Saxony ihe king shares the legislative power with the parliament, while he exercises the executive power tnrough * 'responsible" ministers. The parliament is in two houses. The upper chamber comprises the roy al princes^ eight of the chief landowning nobility, twelve deputies elected by the other nobles, and ten of the same class nominated by the king ; also the bur- gomasters of the principal towns and the heads of the chief universities. The lower house is elected by the landowners, the towns and communities, and trade and eusiness interests. The constitution of Saxony was qstablished in 1 831, but has been several times amended — in 1849, 1^5^ J i860 and 1861 respectively. 175. Grossherzogthum Baden.— Baden is gov. erned by a grand duke and parliament under a consti- tution very similar to that of Saxony. The landown- ers have no special representation in the lower house, but the deputies are chosen, subject to a property qual> ification, for eis^ht years, Dy indirect election, which gives an aristocratic tone to the house. 176. Mecklemberg.— Mecklemberg consists of two grandduchies, Mecklemberg-Schwerin and Meck- lemberg-Strelirz, The political institutions of these states are entirely feudal in character, and their con- stitutions date from 1523, but are modified by more recent legislation. In the first-named state, the whole 174. How is Saxony governed ? State the composition of her legislative diet. 175. What is Baden , and'^n what manner governed ? 17o What is said of the grandduchies of Mecklemberg. Of her diet. Of the granddulses. IN THEORY AND PRACTICE. 141 legislative power and part of the executive is in the hands of the proprietors of the Rittergutter, or knight's estates, numbering 622. Seldom more than one-fourth of these claim their soatsin the diet, which adds to it- self, by invitation, forty delegates of the principal towns and cities. The diet is permanent, being repre- sented, when not in session, by a committee of twelve. Every two years a joint assembly is held with the diet of Mecklemberg-Strelitz,or rather with the province of Stargard in that state. Stargard has a diet very similar to that of Mecklemberg-Schwerin, but the other prov- ince of Strelitz, Ratzeburg, has no representative insti- tutions whatever. The grand dukes of Mecklemberg are of Slavonic origin, tracing their descent from King Genseric,who conquered Spain in the fifth century. Their govern- ment, barring the rights exercised by the feudal nobility, is similar to that of the princes of Montenegro. In Mecklemberg-Schwerin the general administration is earned on by ministers appointed by, and responsible to, the graiid duke only. In Mecklemberg Strelitz there is but one minister of state at most, and some- times there is none. In neither state is there any dis tinction between the public revenue and that of the duke, and the only political divisions for local govern- ment are based on land ownership. 177. Grossherzogthum Hessen.-Hesse is a grand ducfiy, with a'liberal constitution, vesting the legisla- tive power in a parliament of two houses, and the exe- cutive in the grand duke, represented by a responsible ministry. The members of the upper house hoM their seats by hereditary right, by appointment for life, or by virtue of office. The lower house consists of six depu- 177. Describe the government of Hegge. 142 CIVIL GOVERNMENT ties 01 the noble landowners, ten of the towns, and thirty-four of the villages and communities. The former landgraves of Hesse had the title of grandduke given them by Napoleon Bonaparte in 1806, and the title was afterward confirmed by the congress of Vienna, The constitution was granted in 1820 and revised in 1856. 178. Grossherzogthum Oldenburg. — The con- stiiution of Oioeiibuig Wcis granted m 1849 ^"^ revised in 1852. The legislative power IS exercised by a diet chosen every three years by the indirect vote of all tax payers. The executive is vested, under the grandduke, in a responsible ministry of three departments. 179. Herzogthum Braunschweig — The duchy of Brunswick is governed, — under a constitution estab- lished in 1832 and amended in 1851, — by a duke and parliament of onechamber. Of the 46 members of par- liament 21 are chosen by the highest taxed land owners, 3 by the clergy, 10 by the towns and 12 by the rural districts. [A crisis i: impending in the history of this state. With the recent death of Wilhelm I, the ducal house of Brunswick became extinct. The heir at law, the duke of Cumberland, is rejected by the German emper- or, who may annex Brunswick to some other state to emphasize his objection to the succession of the duke of Cumberland.] • 180. Saxe Weimar, Saxe Altenburg and Saxe Meiningen.— The grandduchy of Saxe Weimar and the duchy of Saxe Altenburg were formerly united and are 178. How is Oldenburg governed ? 179. What is said of Brunswick ? 180. What of the states of Saxony? IN THEORY AND PRACTICE. 143 now governed by different sovereigns under very simi- lar constitutions. The legislative power is in each case vested in a single chamber elected by the propri- etor of the nobiliar estates, by the towns or by the rur- al districts. In the same (lass we may put Saxe Mein« ingen, which has a constitution rlmost exactly like that of Saxe-Altenburg. These states, with the duchy of Saxe-Coburg-Gotha, are governed by members of theelder lineof the prince- ly houses of Saxony, the younger line being represent- ed by the Kings of Saxony. Near the end of the six- teenth century the Elector Johann Wilhelm of Saxony, divided his dominions, giving one son Saxe-Altenburg and the other Saxe Weimar. Saxe-Meiningen was founded by Duke Bernhard, a scion of the house of Saxony. 181 Saxe-Coburg-Gotha. — This state consists of two provinces, Coburg and Gotha, and each province has a separate legislative council. These councils meet every year separately, and every other year hold a joint session as a "united parliament." The deputies are chosen for four years by an indirect vote of the people. This dukeriom existed as Saxe Saalfield- Coburg from the latter part of the 17th century until, by the ex- tinction of the line of Saxe-Gotha, in 1826, part of that dukedom fell to the reigning house of Saxe Saal- field C(^burg, which then assumed its present title. 182. Herzogthum Anhalt. — This duchy has a con- stitution, proclaimed Sept. 17, 1859, and modified by a degree of Sept. 17, 1863, which gives legislative pow^ ers to a diet composed of ^6 members, 12 representing the nobility and chief landowners, 12 the towns and 12 181, Of Saxe-Coburg-Gotha ^ Give the history of these states. 182. How is Anhalt governed? 144 CIVIL GOVERNMENT the rural districts. The executive power is entirely in the handG of the duke, who governs through a minister of state. 183. Furstenthum Waldeck. — This principal- ity IS governed under a charter granted Aug. 17, 1852. It has an assembly chosen like that of Anhalt, bat by the treaty of accession signed between Vv^aldeck and Prussia in 1867, the legislation of the council and the administration of the prince, are confined to strictly local affairs, all national authority being ceded to Prus- sia. 184. Furstenthum Lippe, — Lippe has a charter of rights granted by us prince m 1836. It has a repre- sentative chamber, which has the right of voting in part the supplies. Beyond that the functions of the chamber are chiefly consultative, the prince retaining most of the legislative, as well as all of the executive, power in his own hands 185. Schaumburg-Lippe. — The government ess tabhshed m this principaLity under the constitution granted Nov. 17,1868, is very similar to that of the last- named state, the prince retaining a large share of the legislative power, as well as the right to appoint two of the fifteen members of the diet. 186. Schwarzburg-Rudolstadt and Schwarz- burg Sondershausen. — These states are governed by princes of a very ancient and wealthy house, which gave an emperor to Germany in the fourteenth century. In both states the sovereign has granted a constitution. 183. What of the principa'ity of Wadeckf 184. What of that of Lippe? 185. Of SchaumburgLlppe? 186. What is said of the two Schwarzburg states? IN THEORY AND PRACTICE. 145 giving restricted legislative rights to a di( t representing the chief tax-payers and the people generally. The ex- ecutive power is in boih cases wielded by the prince. 187. Reuss-Schleiz and Reuss-Greiz. — In the firsi-named principality restricted legislative rights are granted to a diet elected by the landowners and the people. In Reuss Greiz a similar concession is made, but the prince appoints one-fourth of the legislature. The princes of these states are very wealthy, and the greater part of the territory they govern is their own private property. 188. Freie Stadt Hamburg. — The present consti- tution of the free state of Hamburg was promulgated Sept. 28, i860; it vests the legislative and executive power in a parliament of two chambers, the senate and house of burgesses. The burgesses are elected by the people for a term of six years ; the senators are elected by the burgesses for life. In the election of the 192 burgesses, 84 are chosen by the votes of all tax-paying citizens; 48 are chosen hy the chief real estate owners and the remaining 60 members deputed by the various guilds, corporations, and courts of justice. The senate which exercises chiefly, though not entirely, the execu- tive power, is composed of eighteen members, one-half of whom must have studied law, and seven of the re- maining nine must belong to the class of merchants. A first and second burgomaster, chosen annually, preside over the meetings of the senate. 189. Freie Stadt Lubeck. — The free state of Lu- beck is governed,— under a constitution adopted April 187. Describe Reussschlciz and Reuss Greiz. 188- Give the salient points of the government of Hamburg.? 189. How is Lubeck governed.'' 146 CIVIL GOVERNMENT >j^iSj4, — by a senate and house of burgesses resembling those of Hamburg, The house of burgesses has the initiative in all measures relating to the public expen- diture, foreign treaties and general legislation ; while the senate, entrusted chiefly with the executive govern- ment, has also to give its sanction to the passing of ev- ery new law. igo, Freie Stadt Bremen. — Bremen is governed under a constitution proclaimed March 5, 1849, and re- vised Feb. 21, 1854 by a senate of eigliteen members, forming the executive, and the "Convent of Burgesses" of 150 members,invested with the power of legislation. In the election of the burgesses, citizens who have studied at the university return 16 members ; merchants 48 members ; traders and shop-keepers 24 members, and the other tax-paying citizens the rest. The burgesses elect the senate. 191. Supreme Court, — The high court of appeal for the thrte free cities of Germany, reorganized in 1870, is stationed at Lubeck. It is composed of a pres- ident nominated by the senates of the three free cities, and six councillors, three of whom are chosen by Ham- burg, two by Bremen, and one by Lubeck. The duty of supervising the court rests with the senates, each taking it a year in turn. 192. Reichsland Elsass - Lothringen. — Alsace-Lorraine is not a state, but an "Imperial Land" — resembling in position a Territory in the American Union. It is governed by a Statthatter and council of state, all appointed by the German emperor. 190. Describe the constitution of Bremen. 191, What is said of the supreme court of the "free state.?" 192 What is Alsace-Lorain and how governed.? \N THEORY AND PRACTICE. 147 193. Other Component States.— Of the states comp<)sing the bipartite governmenis of Austria-Hun- gary, and Sweden and Norway, we have already spoken. The states of the so called empires of Austria and Russia are mere provinces. The cantons of Switzerland and the component states of the Mexican and South American republics have more or less perfect autonomy, but have not the same international standing as the German States. 194. Study of Governments. — By the study and comparison of governments, we gain an in- sight not only into the political rights of the different classes in other nations, but also into the rnanner in which other governments discharge their duties. By way of comment it may be noted that the founda tion principle in the establishment of popular political rights has been the right of the people to control, through their representatives, the budget or government supply — including both the collection and expenditure of the revenues. The working of this principle is especially noticeable in the German states. The most despotic governments are those of sovereigns possessed of extensive domains in their own right, making them independent of the financial support of the people. The right of the people to control the revenues of the state is recognized in all liberal governments, but there are still many sovereigns who, though permitting the chamber of deputies to veto or control taxation, re- tain the full direction of the expenditure. 193. What of other component states? 194 What do we learn by the study and comparison of governments? PART 4. REVIEW OF GOVERNMENTS. CHAPTER XXII. BLACKBOARD EXERCISES. Natu] Governments. -J Origin or Basis. Object. Variations OF Form. f / Monarchical concession. Cause of ) ( Popular will. ( Monarchical. Democratic. Aristocratic. Bureaucratic. Extent. IN THEORY AND PRACTICE. 149 ' Legislative. Division OF Power. Vertical. Co-ordinate Powers. Executive. Judicial. f Supreme. j General. u • . 1 J f Federal. Horizontal, -j ^ Subordinate, j L^^^^* ) State. Limitation OF Power. Law. Constitution. 03 w o Oh W g Q o I o Legislative or Law-ma- ( Sovereign decree, j^-j-jp. •< Constitution. ( Legislative enactment. Judicial or Law-apply- j St ing. ( In Supreme Court, ferior Courts. Executive or Law-ad- ministering. Chief Magistrate or vSupreme Ruler. Administration Dep't. I50 CIVIL GOVERNMENT, Chief Magistrate. Departments OF ^ Government ( Elected. Legislature. J Hereditary. ( Appointed. Constitution. States. Executive. ^Judiciary. Purpose. Basis. Origin. Sovereign. Local, General. Restrictive. Definitive. Force. Popular consent. Popular vs^ill. Royal concession. j Suzerain. ( Independent. ( Tributary. Autonomous. J Colonial. ) Component. Sovereign States. Republican Unions. Federations. -^ Empires. Bi-partite Kingdoms. Unified or In- j Republics, tegral States. ( Kingdoms. IN THEORY AND PRACTICE. 151 Federa- tions. " United States of America. Mexico. United States of Colombia. Republics. -j Venezuela. Argentine Confederation. Liberia. _ Switzerland. Empires. -{ Germany. Bipartite j Austro-Hungary. States. I Sweden-Norway. C/5 o h < N K o < W ft W Federation or Bundes-staat All Existing Unions. Defunct organizations only, as — United States Confederation, Confederation or I Staatenbund. i Southern Confederacy, German Confederation, Swiss Confederation. 152 CIVIL GOVERNMENT C/3 o w Q o I X m s < a. c/2 Mexico. Colombia. Venezuela. Argentine Confederation. Founded, 1823. No. of States, 27. Present Constitution, 1857. Present Ruler — — — Founded, 1831. No. of States, 9. Present Ruler Founded, 1831. No. of States, 21. Present Const., 1864. Present Ruler Founded, 1853. No. of States, 14. Present Ruler Switzerland. Germany. Staatenbund from 1 308-1848. Bundesstaat, 1848. 1 No. States or Cantons, 22. I Present Ruler Confederation, 18 15-1866. N. German Confed., 1886-71, Bundesstaat, 1871. No. of States, 25. Present Ruler IN THEORY AND PRACTICE. '53 Austria-Hun- gary. Sweden - Norway. Austrian Empire. Kinofdom of Founded 1276. Const, granted 1863. No. States, 17. Present Ruler- United to Aus- tria, 1547. Hungary, j Const., 1S67. I i Union, 1814. ( Present Ruler - Present Ruler- Republics. France. Chili. Peru. Bolivia. Ecuador. Guatemala. Honduras. Nicaragua. San Salvador. Costa Rica. Hayti. San Domingo. Paraguay. Uruguay. Andorra. San Marino. Orange Free State. 154 CIVIL GOVERNMENT Constitutional. Monarchies. T3 ^ .• » Apportionment (i) Kepresentation •< r\ ^-c 4.- £ i /^\ ^ Qualification of voters (2) o in O Elected when (3) Election ^ « how (4) , ^ (^ " ^«''h"^'°"gJTofill vacancy Qualification of members (6) Sessions held (7) -! ^ ^^^? ? ( J . , . .ox ( Exclusive Legislative (b) Concurrent Powers & j Investigation and impeachment (9) privileges 1, j House officers Elective (10) \ President in certain contingency 158 CIVIL GOVERNMENT (i) In our country representation in congress is based upon population, and, in most states, all citizens — if of the male sex and twenty-one years of age — are entitled to vote. Assuming that the purpose of voting is to find out the stronger party — the one most likely to win in an appeal to arms — this is the fair- est arrangement. But it must be noted that where a superior race, in point of military prowess, is joined with a weaker or inferior one, no such arrangement is thought of. In Canada and Australia, the British colonies are governed, by their own representatives, but in British India the English residents would not tolerate a popular government. Where, as in Europe, the governments have not reached a democratic basis for their representation, many diversities in apportionment re- main. The smaller municipalities, the rural districts influenced by the chief land-owners, and the universities, are the locali- ties usually favored. (2) In granting the suffrage the States of our Union have full control except so far as restricted by the 14th and 15th amend- ments. Some little difference therefore exists in the qualifica- tion of voters in the different states, but, generally speaking, all adult male citizens are voters unless disqualified as crimi- nals or paupers The states may, and sometimes do, demand an educational or property qualification, or they may make the right to vote depend on the payment of a certain sum as a property tax or poll tax. In the Spanish American republics, Liberia, France and Switzerland, manhood suffrage is the rule, as it is also in the choice of the single chamber of Greece. In Austria, Italy, Roumania and Norway, voters must have reached their twenty-fifth year, and in Denmark no one under thirty is considered qualified for the suffrage. Property or tax-paymg qualifications are demanded in Belgium, England, Italy, Holland, Portugal, Spain, Servia, Sweden and Norway, and many of the Gerinan states. (3) Election of representatives must be held every second year, though election day need not be the same in all the states. In countries where the term of offfce is fixed, the date of elec- tion is approximately set, but where the chief magistrate has power to dissolve the legislature, it is usually provided that a general election be held within a fixed period after dissolution. (4) Elections are in this country held by popular suffrage under the secrecy of the ballot, so that we are apt to forget that the ballot is a modern invention, still on trial in England. The election, too, is sometimes complicated by the device of IN THEORY AND PRACTICE. 159 the electoral college, employed in what are called indirect elec- tions. Custom has made our presidential election virtually a direct expression of the people s will, since electors always vote for their party candidates, but in other countries this is not the case. Where electors are numerous, vote in secret or by bal- lot, or where they are ex officio electors (as the members of the legislature are in selecting a senator), they still exercise full power of choice. Second elections are more or less a mystery to us, as we are accustomed to regard a popular election as final, whether the successful candidate receives a majority of the votes cast or only a plurality. In some cases, too, a second ballot may be called for because the candidate has not received a majority of .the registered vote, a light vote only having been cast. (5) (Jur two years' term for representatives in congress is short compared with that established in other countries, as will be seen by the following data: Great Britain elects for 7 years; Austria for 6; Spain and Italy and Canada for 5; Bel- gium, France, Greece, Holland, Portugal, Roumania, Argen- tine Confederation and Brazil for 4; Hungary, Denmark, Ger- many, Servia, Sweden and Norway, Switzerland and Chili for 3; and Mexico and some minor states for 2 years. Vacancies are generally filled by special election,, but some- times, as in this country, by executive appointment. (6) All restriction placed" upon the choice of the people is at variance with the principles of democracy, yet we have several restrictions imposed on us. We can elect no representative under twenty-five years of age, nor any one resident in some other state, nor one who has not been for seven years a citizen of the United States. We are also restrained by'the disability imposed by the 14th amendment, where such disability has not been removed by act of congress. Further, after we have selected an eligible representative, he may be excluded by the arbitrary decision of his fellow members. In this regard, however, we are not worse off than the citizens of other states, unless it be the Swiss, who can elect any voter — any man over twenty years of age, provided he is " not a clergyman," or the English, who can elect any voter residing in any part of the kingdom. We have the advantage of the English voter in the fact that as our government pays members of its congress, we may vote for a poor man without being concerned as to his means of support. The restriction as to age is imposed by European governments, Belgium, Denmark and Spain de- i6o CIVIL GOVERNMENT manding 25 years; Italy, Roumania and Norway 30 years, and Sweden 35 years. Most of these states not only do not pay members, but even demand that they be possessed of an income from property or from one of the learned professions. In republics, the congress or parliament has a recognized right to assemble according to the law or agreement made by itself or by some previous congress, or when convened by the chief magistrate or some executive officer, or, indeed, inform- ally of its own will, in the absence of a set time. In England, however, and in other monarchies, parliament must await the summons of the crown. (8) The federal house of representatives has not only an equal voice with the senate in the passage of laws, but it has sole power to originate bills tor raising revenue. A similar provision is made by the law of En _ land, which gives the people's representatives the right to originate all bills regarding the levying of taxes or expenditure of revenue. In Belgium the deputies have similar rights, and also the initiative in measures relating to the contingent of the army. In Denmark the government may frame the revenue laws, but the lower house must have the first vote on them. At present there is a strug- gle between the folkething and the crown, and no appropriation bills can be passed. The King has decreed an " extraordinary budget," claiming the right to do so, and being supported in his claim by the upper house of parliament. Financial laws must first be presented to and voted on by the chamber of deputies, in France, Italy, the Netherlands and Portugal. In Germany the right belongs to the upper house, and in Spain to both houses. (9) The right to investigate belongs to all law-making bodies. The exclusive right to impeach is another matter, and it was vested in the house, we may presume, because the senate was to constitute the court that tried the case. Generally speaking, the right to impeach is acknowledged, but it is expressly denied the German Reichstag. (10) The right to select its own officers belongs to all cham- bers of deputies. The right to settle a presidential dispute by selecting one of the candidates, was given to our federal house as the proper recipient of such a trust — supposing a new elec- tion to be inadvisable. IN THEORY AND PRACTICE. i6i f Elected members. How composed (I) ^'Y^^'^^'^.^^^T u ^'^ ^ ^ ^ I Appointed " (^Ex officio " ^ By wliom (4) Election (3) J ^^'^^" '-'"'^ '^""' Term ^>":?,':^ I ( i o hll vacancy r Age Qualifications (5) -j Citizenship ( Official disencumbrance (6) r Legislative (7) -D Executive Powers ^ 1^1 ^- ,o\ j Elective (b) I Judicial (i) The senate of the United States is composed of two sen- ators from each state, elected for a term of six years by the state legislatures. As the purpose of the senate is to act as a check upon the popular will, rather than to represent the people, it was natural that the framers of the constitution should seek some mode of selection other than popular choice. In the state governments of our Union and the South Ameri- can republics, where the senator differs from the representa- tive (in most cases) simply by being the choice of a larger constituency, the upper house is likely to be merelv a higher grade of the lower one A more rational process of obtaining the same result is that in vogue in Norway, where the senate is composed of one-fourth of the storthing — differentiated, as it were, by natural selection or by the mysterious "deaconing" process, which brings the big apples to the top of the basket — the classification taking place after the storthing has assem- bled. (2) In this country senators are elected— as they are in all re- publics — but in the European monarchies we find antiquated types — senators, or peers, by hereditary right, or by virtue of i62 CIVIL GOVERNMENT office. Since the parliament was originally an assembly of chieftains to oppose or control the king, it naturally contained the chief ecclesiastical functionaries, admitted by virtue of their office, and also the heads of clans, who though perhaps not distinguished in themselves, were yet powerful through their hereditary claims on the allegiance of their clans. Hence even at this late day, the peer often, as John Bright puts it, "enters the hall of legislation through the vault of some dead an- cestor," or is received because he had been selected for some high ecclesiastical office — a very different position from that of a lawmaker. The representative peers, whether selected, as in Scotland, by the nobility, or, as in some European states, by the universities, occupy a very different position ; they represent a class, and are held responsible for their action by that class. The responsibility is an essential point; where peers are ap- pointed for life — whether by the vote of the nobility (as in Ire- land) or by the vote of the people (as in Brazil) or by the simple mandate of the king, as in a half dozen different states, they lose a large share of their representative character. The pro- posal recently made in this country to give ex-presidents a senatorial position for life, is open to the same objection. The recent change in the French constitution paved the way for the gradual abolition of life senatorships in that country; as all vacancies by death or resignation wil\ hereafter be filled for nine years only. (3) As to the specific composition of the upper house in the different European monarchies, it may be noted that at the be- ginning of 18S5 the Austrian Herrenhaus contained 66 heredi- tary, 17 ex-officio, and 105 life peers, and the Hungarian house of magnates, 699 hereditary and 50 ex-officio peers, as well as two elected to represent the province of Croatia. (A reform bill, reducing the number of hereditary peerages, was introduced during the year.) The Belgian senate contained 69 members — one-half the number of the house of deputies — elected for 8 years by the direct vote of the people. The Dan- ish Landsthing contained 12 life meml)ers and 54 eight-year members chosen by an indirect election favoring the chief tax- payers. The French senate originally had 75 life senatorships — two vacancies have occurred since the constitutional amend- ment of last August, reducing this class to 73 and raising to 227 the number of the senators chosen for nine years by indi- rect election. The German Bundesrath contained 62 member- ships, apportioned among the several states according to their IN THEORY AND PRACTICE. 163 importance. The British house of lords contained 442 heredi- tary, and 26 ex-officio peers, as well as 28 Irish peers elected for life and 16 Scotcli peers elected for the duration of parliament. The Italian senate consisted of the princes of the royal house who are of age, and an unlimited number of members ap- pointed for life by the king. The Netherlands senate contained 39 members elected for nine years by the provincial states " from among the most highly assessed inhabitants of the provinces." The Portuguese house of peers contained 150 members ap- pointed for life by the crown. Of the Spanish senate, one- half— 180 — were either hereditary ex-officio or life peers by royal grant, and the others were elected by the " corporations of state, i. e., communes, churches, universities, etc. The Roumanian senate had 120 members elected for 8 years; that of Sweden is elected for a term of nine years. The time and manner of electing United States senators is fixed by act of congress of July 26, 1866. The voting begins the second Tues- day after organization, when each house names, viva voce, its choice for senators. If the choice of the two houses voting separately falls upon the same man, he is of course elected. If the houses disagree they unite and form a joint assembly, and the person receiving a majority vote of this assembly is de- clared elected. This, however, is mere regulation, the point being to secure the choice of the majority of the assembly. (4) We have noted above, the differences in the constituencies of senators and in the length of their terms. The mode of election is much the same, except in Brazil, where, it may be noted, the constituents elect three senatorial candidates from whom the emperor selects one. (5) The qualifications demanded of elected or appointed sen- ators are usually those of advanced age and citizenship and in most countries a profession or independent income from prop- erty. In Italy it is demanded that a senator shall have filled a high office or be prominent in some worthy profession, or that he should pay a high rate of taxes. (6) The prohibition against a senator's holding a govern- ment position is not usual. Many persons base their claims to a seat in the upper house on their hold ng an office under the government, and a still greater number of the hereditary peers depend on official salaries for their support. Direct payment of members of the upper house is not customary in monarchies. (7) Theoretically, '.the senate has equal powers with the house in lawmaking, exc'ept in originating finance bills, but in some 164 CIVIL GOVERNMENT cases, as in England, for instance, precedent requires tiie upper house to yield if the house of commons is persistent in urging the passage of a bill. Executive duties are given to our federal senate in order that it may act as a check upon the president. In the German Reichstag and the German "free states" the upper house is a ministerial as well as a legislative body, and has full charge of the executive department. (8) The United States senate is given power to elect the vice- president in case the electoral college fails to elect one — justas it is made the high court for the trial of impeachment cases, because it seems most fit to be trusted v/ith those powers and not because they pertain to a lawmaking body. SPHERE OF FEDERAL ACTION. (l) Taxation Raise money (2)^ j Dire( I Indir ■ect ect Borrowing- Pay debts Bonds Legal tender ( Legal claims ( Moral claims Expend money (3)^ Provide for general welfare Directly ) Commerce, coinage, or I weights Indirectly \ and measures r Naturalization -r, -11 Bankruptcy Provide laws ] ^ •14. ^ 4. ^. r . -i Copyrights and patents 1 Government of territory Admission of new states Regulate Punish Offenses against the Nation International offenses Establish ( PostofRces, etc. and 4 Courts at law Maintain f Army and navv o U IN THEORY AND PRACTICE. 165 POWERS INHERENT IN STATE GOVERNMENT. Subject to ) Ordinary legislation act of V where not Congress ) prohibited by U. S. Constitution i 6 Not subject C All powers to acts } not granted to congress or pro- of Congress / hibited to states. (i) The division of power between general and local author- ities exists in all states, but in federations the division is more marked. The Austro- Hungarian Delegations has its power limited to "foreign ai^airs and war." The German parlia- ment, though by no means so restricted, is kept to the consid- eration of imperial matters only. The same is true of the federal republics. In unified states, the only check upon the intermeddling of the general government in local affairs is custom or the charter which may have been granted to the local corporation. (2) There is no legal restriction to prevent a sovereign state's raising any amount of money. Minor states — some of the stntes of our Union, and certain dependencies, as, for in- stance, Egypt, are bound either by self imposed laws or en- gagements with foreign powers. (3) Strictly speaking, congress has no constitution;>l right to give away money, though it is often done, congress being sole judge of the moral claim. No such restriction is placed upon any other sovereign state. [For more definite information concerning the details of our federal government, the student is referred to the excellent w:orks of Calvin Townsend and A. W. Young.] ThQ greatest difference in governments is in regard to the i66 CIVIL GOVERNMENT personal rights guaranteed to citizens in dealing with the civil authority. The peculiarities of the different states in that re- gard are so manifold, indeed, that it would take a book to de- scribe them. We shall not attempt any such description here, since it scarcely belongs to a study of the forms of govern- ment, but rather to a consideration of customs and methods of administration. CHAPTER XXIV. RULERS OF THE WORLD. FEDERATIONS. NAME OF COUNTRY. NAME OF RULER. DATE OF ACCESS'n. '^q^^°^ Argentine Republic, D. Julia A. Roca. Oct. 12, 18S0, 6 yrs. Austria-Hungary, Franz Josef I, Dec. 2,1848, Colombia, Rafael Nunez, April i, 1S84, 2 " Germany, William I, Jan. 18, 1871, Liberia, H. R. W. Johnson, Jan. 7, 1884, 2 " Mexico, Porfirio Diaz, Dec. i, 1884, 4 " Switzerland, Charles Schenck, Jan. i, 1885, i " Sweden & Norway, Oscar II, Sept. 18, 1872, United States, Grover Cleveland, March 4, 1885, 4 " Venezuela, Joaquin Crespo, April, — , 1884, 2 " UNIFIED OR INTEGRAL STATES. I. REPUBLICS Bolivia, Gregorio Pacheco, Dec. 3, 1884, 4 yrs. Chili, D. Santa Maria, Sept. 18,1881,5 " Costa Rica, P. Fernandez, Aug. 10, 1882, 4 " Ecuador, Senor Caamano, Feb. 10, 1884, 4 " France, P. Jules Grevy, Jan. 30, 1879, 7 " Guatemala, Senor Sirrivaldy, April — , 1885, Hayti, Gen. Salomon, Oct. 23, 1879, 4 " Honduras, Luis Bogran, Nov. — , 18S3, 4 " Nicaragua, Adam Cardenas, Jan. — , 1883, 4 " Orange Free State, Sir John 11. Brand, Dec. — , 1883, 4 " Paraguay, B. Caballero, May — , 1881, 4 " Peru, Miguel Iglesias, Oct. 20, 1883, 4 " San T)omingo, Francisco Bellini, July — , 1884, 4 " San Salvador, Gen. Figuerda, April — , 1885, 4 " Uruguay, Maximo Santos, Mar. i, 1882, 4 " IN THEORY AND PRACTICE. 167 CONSTITUTIONAL MONARCHIES. NAME OF COUNTRY. NAME OF KULEK. DATE OF ACCESS'N. Belgium, Leopold II, Dec. 10, 1865. Brazil, Dom Pedro II, April 7, 1831. Den in ark, Christian IX, Nov. 15, 1863. Great Britain, Victoria, June 20, 1837. Greece, Georgios I, Nov. — , 1863. Holland, William III, Mar. i7> 1S49. Italy, Umber to I, Jan. 9' 1878. Portugal, Luis I, Nov. 1 1, 1861. Rou mania, Carol I, May 22 1866. Servia, Milan I, Aug. --J 1872. Spain, Alphonso XII, 3. DESPOTISMS. Jan. 9> 1879. China, Tsaiteen, Ian. 22, 1875- Japan, Mutsu Hito, Jan. 22, 1867. Montenegro, Nicholas I, Aug. M' i860. Morocco, Muley- Hassan, Sept. 17. i873- Persia, Nassr-ed-Din, Sept. 10, 18-18. Russia, Alexander III, Mar. i3» 18S1. Siam, Chulalon Koru I, Oct. I, 1868. Turkey, Abdul Hamid II, MINOR STATES. Aug. 31. 1S76. Hawaii, Kalakaua I, Feb. 12, 1S74. Tonga, George, . . Sarawak, SirChas.J. Brooke ^^) "1868. Madagascar, Ranavulona III, July 13, 1883. Abyssinia, Johannes II, ) 1872. Zanzibar, Bargash bin Said, Oct. 7» 1870. Borneo, Abdul Mumein, DEPENDENT AND COMPONENT STATES. Tunis, Bey Sidi Ali, Oct. 28, 1882. Egyptj Mohamed Tewfik, June 26, 1879. Bulgaria, Alexander I, April 29, 1879. Transvaal, S. J. Paul Kruger, April — , 1S83, 5 yrs. AUTONOMOUS COLONIAL DEPENDENCIES. Domin'n of Canada, Marqof Lansdoune Aug. 18, 1883. Newfoundland, Sir John H. Glover, Natal, Sir Henry Bulwer, Jan. — , 1882. i68 CIVIL GOVERNMENT NAME OF COUNTRY. NAME OF RULER. DATE OF ACCESS'N Cape Colony, Sir H. G. Robins'n , Dec. "j 1880. New South Wales, Lord Loftus, May 3- 1879. Victoria, Sir Henry Loch, April lO, 1884. So. Australia, Sir Wm. Robins'n Nov. — 1882. Queensland, Sir A. Musgrave, April — ^ 1883. Tasmania, Sir G. Strahan, Aug. ib8o. New Zealand, Sir Wm. Jervois, Nov. — ,' 1882. STATES OF THE GERMAN CONFEDERATION. Bavaria, Ludwig II, Mar. lO, 1864. Wurttemburg, Karl I, June 25, 1864. Saxony, Albert I, Oct. 29> 1873- Baden, Friedrich I, April 24, 1852. Mecklen'g-Schwerir Friedrich Franz III April i5> 1883. Hesse, Ludwig IV, June i3> 1877. Oldenburg, Peter I, Feb. 27) 1853- Saxe-Weimar, Karl Alexander, July 8, 1853. Mecklenb'g-Strel'tz, Friedr'hWilhelm] [ Sept. 6, i860. Brunswick, Vacancy, Georg II, Saxe-Meiningen, Sept." 20, "i'866. Anhalt, Friedrich, May 22, 1871. Saxe-Coburg-Gotha Ernst II, Jan. 29, 1844. Saxe-Altenburg, Ernst, 'Aug. 3. 1853- Waldeck, Georg Victor, May H> 1845. Lippe, Waidemar, Dec. 10. 1875. Schwarzb'g-Rud'adt , Georg, Nov. 26, 1869. S ch warzb'g-Son'sen Karl II. July 17. 1880. Reuss-Schleig, Heinrich XIV, July 10, 1867. Schaumb g-Lippe, Adolf, No. 21, i860. Reuss-Greiz, Heinrich XXII, Nov. 8, 1859. ractical Etiquette. Plain, Sensible^ Meliahle, Complete, Sp^VERY question that can possibly arise in retjard to the cus- ^!RS> torns of good society is answered in it. It does not contain a rule that should not be observed by every lady and gentleman, and It does not omit a rule that any lady or gentleman should know. SYNOPSIS OF CONTENTS; General Himts — Rules of Conversation — Dress — Marriage — Introductions — Calls and Cards — Visiting — Habits at Table — Evening Parties — Rule of Politeness for young Children — Let- ters, Notes of Invitations, etc. — School Room Etiquette — Corres- pondence, Applications, etc. — Additioral Hints on General Topics — Etiquette of Courts — Wedding Anniversaries — Balls, Dances — Parties — Mourning, Funerals, etc. — Forms — Social. It frequently happens that teachers as well as other people are at a loss to know just what to do upon certain occasions, but with this little boot there is no need of embarassnicnt at any time or place. Teachers would do well to place a copy upon their desks and let pupils read and study tlie eomnion courtesies of life. I give only two of the many testimonials that have been received TESTIMONIALS : I have such a strong prejudice against "Etiquette books," that I was astonished and not well pleased to discover this little book lying on the desk of the Galesburg High School. But, upon examination, the book pleases me so well that we shall place it in our list of Fair premiums. It is true to its name, practical, and contains just such things as every boy and girl — yes, and every man and woman — ought to know. — Mary A. Wbst, Ooicnty Superintendent of Schools , Galesburg, III. Every paragraph contains a grain of good sound sense ; and the world is full of people who need to read such things, uotwithsfandlug their simplic- ity and obviousness, The information given concerning the convention- alities of society Is accurate, and concisely and clearly put. Chicago Times- A Handsome Book, printed on finely calender^ ed paper, tvell bound, ivlth gold stamp. PRICE, POSTPAID, 50 CENTS. Address, IT. 1- O K Jl. S E , i^chool HeraM Office, CHICAQO, HOWTOISU^S.HISTORY BY THE BMACE SYSTEM. A Book for Teacher S PupiU By JOHN TRAINER, Co. Supt. of Schools, Macon Co., Ill, It Teaches the pupil how to Study his lesson — How to picture the events on the mind — Find the prominent facts needed — Find parallel authorities — How to remember dates — Find rare points and objects of historical interest — Make history the most interesting study — Use and make <'Queer Queries"--Use the Cyclopedia— Read Biography. Filling both teacher and pupil with enthusiasm and love for the study of United States History. The Blackboard Forms, are very pictures of study. The Directions for StuMg are pointed, concise and helpful. The 850 Queer Queries are filled with pith and point. Nothing like them. The Review Questions ^'bring out" what is likely to be forgotten. The Ansujers to Queer Queries is a complete his- tory of the United States in a nutshell. The chapter on Individual States is a clear and con- cise history of the time of settlement,date of admission, and all the prominent points connected with their his- tory to date. Mottoes of States is an interesting and instructive chapter. jt^" The book contains 218 pages, well printed on calen« dered paper, neatly and substantially bound in cloth. Price, Postpaid, $1,00, Address, W. I. CHASE, Scliool Herald Office, CHICAGO. TVirO NE W E XTRAS, Questions for the Year 1884-85. Being Extra No. 4 of the Annual Series. r>I^ICE> 20 CETsTTS. Printed in 64 pages^ 16 mo. with colored cover. Illustrated with Maps and Portraits. This is our latest and best, in typographical ap- pearance as well as intrinsic excellence. Our annual review of the history of the year will hereafter be issued in this form as more convenient for preser- vation and binding. Do not neglect to supply your- self in good season. PRICES FOR USE I]¥ SCHOOLS. Single copy, m .20 Ten copies, I.OO Twenty copi(>s, 3.00 Fifty copies, 6 .'sO LESSONS IN CURRENT HISTORY. Outlines of the history of the past four years, with specimen essays, narratives of striking events, etc. Illustrated with many maps and portraits. PRICE, 10 CEISTTS. The cheapest manual of recent history extant: PRICES FOR rSE IX SCHOOLS. 10 copies $ .80 1 50 copies $3.00 30 copies 1.50 I 100 copies 5.00 Address, W. I. CHASE, Publisher School Herald, CHICAGO. THE SCHOOL HERALD. A semi-monthly news manual for iise in schools. Devoted to the syste- matic study of our day and generation. Non-partisan and non-sectarian, it aims to present the actual facts with explanation rather than comment." Never to slight anything- of importance and always to demonstrate the his- torical significance of events, is the rule it has ever followed. It can produce unsolicited commendations from thousands of the persons most prominent in the educational world. Subscription price, per year, (24 numbers), 75 cents. SEPTEMBER EXTRAS. Giving in question and answer form, a review of the history of each twelve months, beginning with September. Extra No. 1. For September, 1882.— Contains questions and an- swers on the history of the Vv'orld for iS8i-8i. Illustrated with four maps, z. e., of the Grecian boundary, of the scene of the Herzegovinian war, the Lena delta and the delta of the Nile. i6 pp. Price 6 cents. Extra No. 2. For September, 1883 —Contains questions and an- swers on the history of 1S82-83. Illustrated with maps and portraits. 32 pp. Price 10 cents. Extra No. 3. For September, 1884.— Contains questions and an- swers on the history of 1833-S4. Fully illustrated with maps and portraits. 24 pp. Price 10 cents. Extra No. 4. For September, 1885.— Contains questions and an- swers on the history of 1SS4-85. Fully illustrated with maps and portraits. 64 pp. 16 mo. Price 20 cents. 4^Price set of four, 40 cents. AUC^UST EXTRAS. Campaign extra, 1884. Contains the history of presidential nomina- tions, biographical sketches of the chief candidates before the Republican and Democratic conventions of 18S4; an historic review of the political plat- form and the candidate's letter of acceptance, together with a brief sketch of the nominations and the campaign, the different platforms and the prin- ciples involved. Fully illustrated with pc-rtraits of the candidates, and fur- nished with questions for class use. Price 6 Cents. Lessons in Current History.—Contains outlines of the history of the past four years with directions for teaching; outline essays on " Eng- land in Egypt and the Soudan," and "French Colonial Wars," specimen narratives — "The Afghan Question," (full history to date). The Isthmian canals, German African annexations, Congo conference, etc., etc. Very fully illustrated. 32 pp. Price 10 cents. ^^Price of all extras, 50 cents. THE GLADSTONE SPEAKER. EDITED BY W. I. CHASE. Compiled from the speeches of eminent men of our time, and from current literature during the past three years. Contains nothing but declamations, all new. The Confession of an Idiot. A Wily Freshman. River and Harbor Bill. A Dilettante. Ballade of Difficult Rhymes. Veteran Encouraging- Recruit Ballad of a Brave Cattle Man The Last Meeting of Pocahontas and the Great Captain. A Poet's Plaint. Last and Worst. Scandal. The Ballad of a Bore. Three Fiends. The Voice from the Farm. The People's Song of Peace. The Old Reading Class. Evolution. Buddha and the Hindoo Mother. The IVorld we I-