JK LIBRARY OF CONGRESS. mpti^ — - ©umwb¥ 1^ — ^ UNITED STATES OF AMERICA. = ^«ss# ■^jp'' NOTES ON U. S. GOVERNMENT ADMINISTRATION W: W. WILLOUGHBY, wT"f. WILLOUGHBY. -'^1 >M 1889. Copyrighted, 1889, by W. W, and W. F. Willotjghby. ■V(7-^ CONTENTS. 1. Preface. 2. Government, 3. Colonial Governments, their relation to each other and to England. 4. Steps towards Union, Articles of Confederation, and Adop- tion of Constitution, 5. Law Regulating the Presidential Succession. 6. Law Regulating the Election of Senators, 7. Congressional Government, 8. Cabinet and Executive Departments. 9. The Federal Judiciary, 10. Ordinance for the Government of the Northwest Territory, 11. Territorial Government. 12. State Governments. 13. Local Government. 14. Municipal Government. 15. Government Revenue and Expenditure. 16. Acquisitions of Territor3^ 17. Public Land System. 18. The Money We Use, 19. Party Machinery and Government. 20. Introductory to the Study of the History of Political Parties- 21. Reconstruction. APPENDIX. History and Government of District of Columbia. PREFACE. The necessity that American youths should be made ac- quainted not only with the leading events connected with the history of their country, but also be taught something in regard to the nature and workings of the Government under which they live, is now well recognized. In the Grammy Schools (8th grades) of Washington, to meet such a want, there has been in- troduced a course in history of political parties and forms of cen- tral and local government in the United States. As a teacher in one of these schools, one of the authors lias found himself considerabl}^ handicapped by the impossibility of obtaining a text-book covering the ground of the course prescribed, and suitable either for his own use or for use by the scholars. He has been obliged to collect information from various sources, and give it to his class largely by dictation. The only attempts which have been made to supply this want have been text-books on Civil Government, which have been merely expositions of the Constitution, and in which no effort has been made to give, what is still more important, a description of the actual work- ings of the machine of government, its divisions and organiza- tion. Especially here in Washington, in the very heart of gov- ernment, in the midst of its practical workings, and surrounded by the great Departments, and Congress and the Supreme Court, is it important that the working features or administration of government should be known and understood. These notes are intended as an aid to teacher and scholar, and for use in a class, the members of which are already familiar with the leading events and names in United States history. They are a collection o^ notes on various subjects in United States history, government and administration, and give supple- mentary information which can be obtained only with great difficulty by most teachers, and which cannot be obtained at all by the scholars. It is intended that, after finishing the study of the first four chapters, the Constitution should be taken up and thoroughly learned, and in connection with this, chapters 5, 6, 7, 8, and 9; each chapter to be studied as that clause in the Constitution is reached which relates to the matter treated of in that chapter; thus showing the Constitutional provision and its practical working at the present time. Thus, in connection with Article III is to be studied that chapter entitled, "The Federal Judi- ciary," etc., etc. In them the authors have endeavored to bring out the fact that our present form of government is far from being contained in the written Constitution of 1787, and that a study of that in- strument alone will give a very inadequate idea of our govern- ment of to-day. The Constitution M^as but a foundation upon whicii to build a government. It was a plan in outline, to be filled up from time to time by legislation. Nothing like an analysis of the Constitution has been attempted in these notes, and reference has been made to it only when neces- sary to show authority for actions cf the government. History proper, except as showing the basis and causes for our institu- tions, has likewise found no place here. The aim has been to prepare a brief note-book as a guide to the instruction of students in the practical every-day business part of government; in other words, a book on .administration. In order that the pupil may understand his relations to all the governments under which, he lives, and which play such a large part in his welfare, not only the Federal Government, but the State and local governments as well, have received attention. As the title indicates the book is to be used not as a regular text-book, but as a printed note-book to supply information which would otherwise have to be dictated by the teacher. It is not intended, however, that written note-book work by the scholar should be entirely supplanted. The notes furnish an outline to be filled up. Many things are just mentioned which the teacher must explain at greater length. For example, the Diplomatic and Consular Bureaus are mentioned as being under the State Dej)artment. The teacher should explain more fully their importance, duties, etc. For the assistance of tiiose who may wish to obtain additional information on any subject treated in this book, there has been appended to each chapter a list of the best and most accessible sources of information. Lastly, though this book does not pretend to give any con- nected account of administration or politics, yet the subjects have been carefully arranged in progressive order, such as would be most naturally used in a course to which they are intended as an aid. Though written especially for use in the public schools of Washington, D. C, it is hoped that they may be used with some advantage elsewhere. W. W. WiLLOUGHBY, W. F. WiLLOUGHBY. Washington, D. C, 1889. Government. From the earliest ages that history records, and in all countries inhabited by man, people have found it necessary to bind them- selves together, tiiat certain things might be done by all in com- mon — in other words, to establish some form of government. This was necessary as there were, and are, many things which, from their very nature, cannot be left to each individual to do or not do as he may choose, or to do in his own way. First and above all, government was necessary to protect the weak from the strong. Thus came the necessity that the people as a whole, by some form of government, should administer justice accord- ing to the rights and not strength of individuals. Tims, too, for successful warfare with other nations, government was necessary to insure a united action on the part of the whole people. Other examples might be added, but these are sufficient to show that at all times and in all countries, government of some kind must, and does exist. As nations and the world progressed in civilization, first from the condition of rude hunters to the feeding of flocks, then to the tillage of the soil, and finally to the pursuit of commerce and manufactures, these common interests of man became more and more numerous, and thusgovernment, as representing these com- mon interests, became more and more important, until to-day government is a powerful servant of the people, performing many most important duties for them. Each nation has developed for itself its own kind of govern- ment, different in some respects from all others, yet in all cases distinctly referable to four well-defined forms of government : (1) Monarchy, (2) Aristocracy, (3) Democracy, and (4) Republic. Ist^ Monarchy. A Monarchy is a nation at whose head is one man, called King, Emperor or Czar, who has control of the gov- ernment, appoints all government officers, etc. Thus England, Russia, Germany, Spain, Italy, and Austria are monarchies. This form of government is divided into two kinds, (1) Absolute Mon- archies, and (2) Limited Monarchies. An Absolute Monarchy is one where the monarch is of supreme power and authority, controlling absolutely all the powers of government himself, without limitation or interference. Exam- ples of this form of government are Russia and Turkey. A Liviited Monarcliy, as in England and Germany, is one where, though the monarch is at the head of government, his power is not absolute, but limited by the action of some other body, which makes the laws subject to his approval, as Parliament limits the power of the King or Queen of England. Monarchies may dif- fer from each other in yet another important respect. They may be either hereditary, i. e., where the kingship descends in one family according to birth, from father to son or next of kin ; or elective, where upon the death of the king, another is elected to succeed him. 2d, Aristocracy. An aristocracy is a government in the hands of a select few called the aristocracy, who transmit this authority to their children. Such was the case in certain of the Grecian States at different periods of her history. There exists to-day no aris- tocratic government proper. 3d, Democracy. A Democracy is a government where all the people rule directly, meeting in popular assembly, and thus by their votes, determining their action. This is only possible in the case of small communities, and where the people live close together. This form of government was found among the old Grecian States, and does not exist anywhere at the present time. 4th, Republic. A Republic is but a modification of a Democ- racy, better adapted to a large and widely separated popula- tion. Under it the people rule themselves, not directly, as in a Democracy, but through officers chosen by themselves. The participation of the people in government consists therefore only in a choice of the officers to represent them and carr^' out their wishes. There exist many republics to-day, the tendency being for nations more and more to approach this form of government. The best example of this class is that of our own Government — the United States of America. Structure of Government. The duties of government have become so large and important that they must be divided among different officers or bodies according to tlieir nature. No one man, nor even an assembly of men, can alone transact all this business. These duties of govern- ment are in all countries of three distinct kinds called, respect- ively, (1) Legislative, (2) Judicial, and (3) Executive. 1st. The Legislative is that part of government which makes the laws or rules by which the government is carried on, just as rules are made for the government of a school building. These duties are called legislative, and are performed by the legislatures of nations, such as Congress in the United States and Parliament in England. These are the bodies which determine what govern- ment shall or shall not do, and how those duties, when undertaken, shall be performed. 2d. The Judicial is that power which is intrusted to courts and judges to interpret the meaning of the laws which are made by 7 the legislatures, and to apply them in particular cases where doubt or dispute may arise, or the law be broken. 3d. The Executive branch has the duty of enforcing the laws after they are made by the legislature and interpreted by the courts. This is the real business part of government, where the laws are put into effect and the work of government actually car- ried on. In the United States Government this power is placed in the hands of another body of men distinct from the legislative and judicial officers. At the head is the President, and hence his title of " Chief Executive." It is evident that he must divide up the vast amount of work to be done and delegate it to others, sub- ject only to his supervision and control. Congress directs how this shall be done. The executive duties of government are there- fore divided up among eightdepartments: (1) TheState,(2) Treas- ury, (3) War, (4) Navy, (5) Interior, (6) Post-Office, (7) Justice, and (8) Agriculture. The heads of the departments are appointed by the President and are his counsellors, the President thus having control generally over the whole executive duties of government. The business of these departments is again divided up into sub- departments called " bureaus " and the bureaus into divisions, and so on until finally the individual workers, the clerks, are reached. All work in one finely organized system. The clerk is responsi- ble to his chief of division, the chief to the head of his bureau, (called commihsioner,) and the commissioner to the head of his department, and he finally to the President. Each man has his certain place in the system, and no one works at random. In the United States these three divisions of government, the Legislative, the Judicial and the Executive, are kept entirely dis- tinct and separate from each other, one set of officials performing tiie duties of the first, another of the second, and a third those of the last. This separation is one of the distinctive features of our form of Government, as in no other country are they kept so apart. In the absolute monarchy all three combined are exercised by the monarch; in a limited monarchy to a less extent, and so to a greater or less extent in the other forms of government. Tiie individual States of the Union are in this respect siraihir in their government to the United States, whose constitution they have closely followed. So large and varied has the business of government become that yet another division of its duties has become necesary, that between central and local government. As manj^ of the duties performed by government do not affect all citizens, but are local in their character, affecting only certain restricted districts; in all nations there has been made a division of the country into districts which govern themselues in respect to these local mat- ters which concern themselves alone, and in regard to tiiem act independently of the rest of the nation. Thus local government 8 in each city paves its streets, etc., without the intervention of the State or Federal Government, as it alone is interested in its exe- cution. The central government is in all cases the government of the whole nation, and is the superior government, exercising some kind of control over the local governments. The central govern- ment retains to itself all those powers which concern the whole people. This division has gone further in the United Si^tes than any- where else, though in no civilized country is this division between central and local government entirely wanting. In the United States we have a threefold division into (1,) the Central Govern- ment, (Federal Government;) (2,) the State Governments ; and (3,) Local Governments within the States, as the governuDent of towns, cities, counties, etc. The citizen of the United States thus owes allegiance to, participates in, and is governed by three sep- arate governments, each with its distinct class of duties, pre- scribed by the nature of the case, to wit: 1. The Federal Government, which protects him at home and abroad in peace and war, by its army and navy, regulates his commerce, carries his mail, protects his inventions, etc. 2. The State governments administering justice to liim and security to his wealth and property by her courts, educating his children, etc. 3. The Local governments, which protect him from violence by its police, cares for his health by sanitary measures, paves and lights the streets, etc. This division is but the application of plain business princi- ples to government, which, in fact, is but one vast business enter- prise managed by the people for themselves. A bare enumeration of the duties performed by government and the benefits received by each citizen from it, shows the im- portance of the study of, not only the history of our country, but that of our present government, that we may all understand the workings of this agent of the people, which plays such an impor- tant part in satisfying our wants, and in determining our welfare. It is not a difficult task if approached properly. It is a practical and systematic structure, and its spirit once grasped, the rest will follow easily. Colonial Governments; Their Relation to each Other, AND TO England. To understand clearly the earl}^ history of our country, the grounds' or reasons for the grievances of the colonies against their mother country, leading finally to the Revolutionary War, and, above all, to appreciate the events of that most critical period of our history, when the colonies, then free, were in doubt as to what form of government they should adopt; their unsuccessful experiment of a loose confederation under the Articles of Con- federation, and their final success in the adoption of our present well-working Constitution: to clearly appreciate all this, it is of essential importance that we should gain an intelligent idea of the condition of the colonies at that time, their relation to each other, which would render union possible, and their governmen- tal relation and attitude towards England, whose dependencies they were. Let us jfirst see wherein the colonies differed one from another. The colonies were settled at various times, under widely different circumstances, by men different in religion, instincts, and manner of thoughts and living. Above all, we should bear in mind that in government they were each entirely independent of all the others. "Though the colonies had a common origin, and owed a com- mon allegiance to England, and the inhabitants of eacli were British subjects, they had no direct political connection with each other. Each, in a limited sense, was sovereign within its own territory." * * * "The assembly of one province could not make laws for another." * * * "As colonies they were also excluded from all connection with foreign States. They were known only as dependencies. They followed the fate of their mother country both in peace and war." * * * They could not form any treaty, even among themselves, without the consent of England. (Story, p. 163.) Not only were the colonies inde- pendent of each other, but their governments were of several widely different forms. They were of three kinds. 1st, Provincial. 2d. Proprietary, and 3d. Charter Governments. ht. Provincial Colonies. — Those colonies which possessed a pro- vincial form of government were royal colonies and governed almost entirely by England, as she still governs many of her colonies to-day. At the head was a governor appointed by the King of England. He was assisted by a council also appointed 10 by the king. The constitution and laws for this form of govern- ment were found in the commission and instructions given to the governor by the English Government. By them he was empow- ered to summon a representative assembly. This legislative body consisted of the governor, his council, appointed by the king, and a lower house elected by the people. The governor had the right of veto, and the power to dissolve the assembly. The legislature could make laws, provided they were not repugnant to the laws of England. These laws were subject to tlie approval of the Crown. The governor, witli the advice of his council, could erect courts, appoint judges, levy forces, etc. From the highest courts in all the colonies an appeal lay to the English King in Council. 2(i. Proprietary Colonies. — The English King often gave to in- dividuals large tracts of land in the New World. In addition to ownership of the soil, in many cases was given the right to establish civil government. These proprietors had all the inferior royalties and subordinate powers of legislation. The proprietor could appoint or dismiss the governor, he could invest him with the power to convene a legislature, with power to veto its acts according to his wishes, and' to perform all other powers of a governor. All laws made were subject to the approval of the English Crown, Maryland excepted. Sd. Charter Governw^ents. — The political organization under cliarter governments was similar to that in the royal colonies. A charter, however, served as a written constitution, granting to the people of a colony certain privileges which the governor or king could not justly take away from them. These charters had at first been formed for the government of bodies of men, who, uniting and forming a commercial company or corporation, had obtained the privilege of settling portions of North America, and had obtained from the king charters grantingthem certain rights. On organizing into colonies these were used for general political government. These charters were in some cases very liberal, granting almost self-government. In Massachusetts the governor was appointed by the Crown; the council was chosen annually by the lower house, but the governor had a right of veto on their choice. The lower house was elected by the people. In Connecticut and Rhode Island the governor, council, and assem- bly were annually chosen by popular vote, and all officers were appointed by them. In these two the governor had no veto, and the laws did not require the royal approval. Seven of the original colonies began under proprietary govern- ments—New York, Pennsylvania, Delaware, North and South Carolina, Maryland, and New Jersey. Of these four — New York, New Jersey, North and South Caro- lina — became eventually Provincial Colonies, and Maryland was at one time in the same state. 11 Three of the colonies, Massachusetts, Connecticut, and Rhode Island, were settled under charters which were never surrendered. Three others, Virginia, Georgia, and New Hampshire, possessed charters for a while, but eventual!}' became roj^al colonies. In this slight sketch we can see that the colonies were far from united, and that union was difficult of accomplishment. All the colonies considered themselves as dependencies of the British Crown, owing allegiance thereto, the king being the supreme or sovereign lord. The colonists enjo.yed all the rights and privi- leges of British-born subjects, and the benefit of the common laws of England, and all their laws were required to be not re- pugnant to, but as nearly as possible in conformity to the laws of Enghmd. In all the colonies local legislatures were established, one branch of which at least consisted of representatives chosen by tlie people to represent and defend their interests. In all mat- ters of domestic and internal interest the colonies deemed them- selves possessed of entire authority, and in the management of them entirely independent of England. Under this head came the right of taxation, over which the colonies claimed complete control and denied to the English Parliament that right. The English Government maintained the doctrine that Parliament liad authorit}'- to bind the colonies in all matters whatsoever. This, as we have seen, was denied by the colonists, especially as regards taxation. At the beginning of the Revolutionary war, neither was an utter denial of all Parliamentary control over them maintained, nor independence claimed. It was not until 1776 that they were driven to a declaration of full and entire independence and self government. From this slight sketch we can see that the colonies were far from being a united nation. However, although the colonies were independent of eacli other in respect to their domestic concerns, they were not wholly alien to each other. All were subjects of the King of Great Britain. In all, or nearly all, the common law of England was their common law. Their relation to England was that of British subjects, and as such they claimed all the rights and privileges enjoyed by Eng- lishmen. It was on this ground, and on this ground alone, that tliey resisted the principle of taxation without representation in that Parliament wiiich imposed the taxes, as other Englishmen enjoyed that privilege. Story says : " Perhaps the best summary of the rights and liberties asserted by all the colonies is con- tained in the celebrated declaration drawn up by the Congress of the nine colonies assembled at New York in October, 1765." (Stamp Act Congress.) That declaration asserted tliat the colonists " owe the same allegiance to the Crown of Great Britain that is owing from his subjects born within the realm, and all due sub- 12 ordination to that august body, the Parliament of Great Britain." That the colonists " are entitled to all the inherent rights and liberties of his (the king's) natural born subjects within the Kingdom of Great Britain." " That it is inseparably essential to the freedom of a people, and the undoubted right of English- men, that no taxes be imposed on them but with their own con- sent given personall}^ or by their representatives." That the " people of the colonies are not, and from their local circumstances cannot be, represented in the House of Commons of Great Brit- ain. That the onl.y representation of these colonies are persons chosen therein by themselves, and that no taxes ever have been or can be constitutionally imposed upon them but by their re- spective legislatures. * * * And tiiat the trial by jury is tiie iniierent and invaluable right of every British-born subject in these colonies." Such was the condition of the colonies just prior to their sepa- ration from England, independent of each other as to govern- ment, but with common interests as regards their mother coun- try. Story's "Commentaries on the Constitution." (The best.) Doyle's " English Colonies." Most tex-tbooks on Civil Government. Steps Towards Union. — Articles op Confederation and Adoption of Constitution. Previous to 1774 the thirteen English colonies in America liad had no political or governmental connection with each other. Any attempt on their part to have united without the consent of the English King or Parliament would liave heen con- sidered beyond their power and as insubordination towards the Englisli Government. JSleiu England Confederation. In 1643 there was indeed formed a union of tlie four colonies of Connecticut, New Hampshire, Plymouth, and Massachusetts Bay, termed the "New England Confederation," whicn lasted forty 3'ears ; but this was only a union for mutual protection against their common foes, tlie French, the Dutch, and the Indians, and not for joint legislation or government. It was a mere alliance. The Albany Convention — (Franklin's Plan.) In 1754, however, there was held a meeting of the colonies of New Hampshire, Mas- sachusetts, Rhode Island, Connecticut, New York, Pennsylvania, and Maryland, called the "Albany Convention,"in which was pro-' posed a union of all the colonies under one government. Ben- jamin Franklin, the chief promoter of this scheme, drew up an elaborate constitution which was to be adopted. According to this plan there was to be a chief executive, elected by the king, and a council of 48 members, to be chosen by the legislatures of the several colonies. This scheme failed to obtain either tlie con- sent of the king or of the colonies themselves. It was too much union for the king, and not enough for the colonies. Tlie Stamp Act Congress. The indignation aroused b}^ the at- tempt of England to tax her colonies without allowing them a voice in the Parliament which imposed such taxes gave rise to a meeting in 1765 of delegates from eight of the colonies, called the "Stamp Act Congress." The obnoxious Stamp Act was repealed, but England continued to impose other taxes. First Continental Congress. An invitation was sent out by Vir- ginia to all the colonies, calling a meeting of delegates to con- sider what could be done by the united action to resist their com- mon grievance. Thus met the "First Continental Congress" in 1774, in which all the colonies but Georgia were represented. This Congress adopted a declaration of rights and grievances, in which it maintained that taxes should be imposed onl}^ in tlieir own legislatures, as long as they were unrepresented in the Eng- lish legislature, (Parliament.) Also, that they were entitled to the 14 rights, liberties, and immunities of free, natural-born subjects within the realm of England. The Second Continental Congress. On May 10, 1775, met the Second Continental Congress. The battle of Lexington, had been fought and American blood shed. Tiiough the colonies had not yet any intention of throwing off all connection with Eng- land, they were prepared to resist any invasion of their rights by arms. A national army was raised, and General Washington was elected Commander-in-Chief. This Congress also provided for the raising of money, contracted debts, and established a na- tional postal system. These were the first legislative acts by the joint action of the colonies. As the war progressed Americans became convinced that complete separation from England was necessary and just. This Congress sat continually during the war, adopted the Declaration of Independence, pid also the Articles of Confederation. Declaration of Independence. On July 4, 1776, was issued the Declaration of Independence. In this time of danger a definite compact of union which would guarantee the united action of all the colonies was seen to be required. Articles of Confederation. Accordingly, in 1777 the "Constitu- tional Congress" adopted a scheme of union embraced in a paper named the "Articles of Confederation." These articles, though adopted as early as 1777, did not go into effect until 1781, the provision being that they should not be considered as in force until ratified ]^v r,/'/; the colonies, and several refused to ratify until all State claims to western territory should be relinquished to the National Government for the common benefit. The Purposes of the Cor federation. The purposes of this Con- federation are best stated by giving Article III of the x\rticles : "The said States hereby severally enter into a firm league of friendship with each other for their common defense and security of their liberties and their mutual and general welfare, binding themselves to assist each other against all force ottered to or at- tacks made upon them, or any of them, on account of religion, sovereignty, trade, or any other pretext whatever." Elements Tending to Separation and Those Tending to Union. — We must remember tliat this was a union of thirteen previ- ously separate States. The elements which had tended to keep them apart had been the difficulty of travel and communica- tion between the colonies, the lack of commercial intercourse, but more than all, the local jealousies. The small States feared the larger; commercial jealousies were very keen. In 1756 Georgia and South Carolina actually came to blows over a dis- pute as to the navigation of the Savannaii river. Other disputes about boundaries were frequent. States with good harbors and seaports desired to keep the benefits of them exclusively to them- 15 selves. At that time, too, the people of the thirteen States were far more widely separated in their forms of government, their industrial habits and social customs than they are now. On the other hand, the elements which tended to urge on a common union between them were common race, language, and nation- ality, and man}'' similar institutions, and most of all common interest and peril. Scheme of Government under the Articles of Coiifederatio7i. — The Articles of Confederation established a framework of gov- ernment for the confederated colonies, which government was to control those matters which were shown to be impossible of exe- cution except by united national operation. As a scheme of government it was no better than a makeshift. It was an effort to form a Federal power without diminishing the powers of the States — an effort to pare off slices of State government without diminishing the loaf. That such a union could be, as the scheme progressed, perpetual, was impossible. Under these Articles of Confederation the sole functions of the Federal authority, legislative, executive, and judicial, were vested in a Continental Congress, consisting of a single house of delegates, who voted by States, and were appointed annually in such a manner as the respective States might direct. Each State was entitled to not less than two nor more than seven delegates, a majority of whom decided the vote of the State in question. The executive functions were largely performed by a Committee of State, which was empowered to sit during recesses. For all important measures the votes of every State VvvvS required. The vote of all thirteen was required for an amendment. Defects of the Articles of Confederation. — In this scheme of union there were many fatal defects. Some of these defects were — 1. The want of some compulsory means of enforcing obedience to the acts of Congress. The articles provided neither an exec- utive power nor a national judiciary worth mentioning. As one writer has said : " Congress could declare everything, but do noth- ing." Hamilton, the great expounder of the Constitution, said: " Laws are a dead letter without courts to define their true mean- ing and operation." A single colony could with impunity disre- gard any decree of the Congress. 2. The large vote required to pass all important measures. 3. The absence of the right to regulate foreign commerce, and make duties uniform, and to collect those duties. This defect, as we will find, was one of the most vital, and more than any thing else decreed the failure of the practical working of the Confeder- ation, and showed the necessity of a better and stronger National Government. 4. The almost impossibility of amendment. Since a unani- mous vote was required, the selfish interest of one State could 16 stand in tlie way of an amendment beneficial and necessary to the other twelve. 5. There was no power to enforce treaties. Foreign countries recognized this, and therefore refused to enter into any treaties with us. Washington said: "We are one nation to-day, and thirteen to-morrow. Who will treat with us on such lerms." England refused to carry out the conditions of the treaty of 1783, and continued to keep troops on our Western borders. 6. The central authority had insufficient power to control disputes arising between the States. 7. Lack of Federal judiciary. 8. Lack of control over commerce. 9. Lack of power to collect taxes, or to raise revenue to defray even the ordinar}' expenses of government. This was the most striking and important defect of them all. The whole power given to Congress under this head was the power "to ascertain the sum necessary to be raised for the service of the United States, and apportion the rate or proportion on each State." The collection of such taxes was left to the States themselves, and if they refused (as they frequently did) the Federal Govern- ment had no power to compel them. Our present better government has been truly said to have been " wrung from the grinding necessities of a reluctant people." Adoption of the Constitution. — Actual hostilities ceased in 1781. In 1783 peace with England was declared, and the independence of the colonies was achieved. The war, however, left us a people with an empty treasury, and a country drained of its wealth and impoverished by the exhaustive struggle. It left us with a large national debt, both to our own citizens and friends abroad, and most of all, left us with an army of unpaid patriotic soldiers. Now, no sooner had foreign danger been removed than domestic troubles arose, which filled all with gloomy forebodings for the future. With tlie loss of that cohesive principle which common danger supplied them, the colonics now began to fall apart. Even during the prog- ress of the war the weakness of the Union had shown itself. Wash- ington unhesitatingly declared that it was the lack of sufficient central authority that caused the prolongation of the war. Oiie instance will show how weak was the Federal authority. During the summer of 1783, when Congress was at Philadelphia, some eighty deserters from the army so threatened Congress as to force a removal of our Federal capital from that place to Princeton. The Continental finances were in a deplorable condition. Con- gress could not even collect sufficient taxes for the payment of the interest on the public debt. The States could, and often did refuse to pa}'' their [)roportion of taxes imposed upon them by Congress. Congress made a last attempt to raise a revenue by a tax on imported goods, but this measure failed, New York alone 17 refusing to ratify. Congress, as a fact, did not collect one-fourth of her demands. Commerce was going to ruin. England, in spite, refused to allow us the rich trade with the West Indies. To these troubles were added the mutual jealousies and selfish- ness of the States. Each of tlie States tried to attract commerce to itself, aiid" passed laws hurtful to the other States. The people in Massachusetts were in insurrection. The French minister wrote to his country : "There is now no general gov- ernment in x^merica — no head, no Congress, no administrative departments." For all these evils the limited and imperfect powers conferred upon the Federal Government b}' the articles of Confederation afforded no adequate remedy. Even the Constitutional Congress was now in danger of disappearing. States, to save expense, neg- lected to send delegates, and repeated appeals had to be made to get representation from nine States so as to pass important meas- ures. A better union was seen by all thoughtful citizens to be a necessity, but difficult to obtain, owing to the inter-State differ- ences. The idea of having a convention separate from the Con- gress, whose work it should be to frame a stronger government, gradually gained ground. The Constitutional Convention was only obtained in a round- about way after repeated failures. Tiie first attempt was made at Alexandria, and failing there adjourned to Annapolis, Md., and there, only five States sending representatives, adjourned again to Philadelphia, where in May, 1778, delegates from all the States, except Rhode Island, finally assembled. The Constitutional Convention. Fifty-five delegates were present. With scarcely an exception they were all clear-headed, able, and moderate men. Virginia sent Washington, Madison, Edmund Randolph; Pennsylvatiia sent Benjamin Franklin, Robert Morris, and James Wilson ; New York sent Alexander Hamilton ; New Jersey, Patterson ; and South Carolina the two Pinckneys. Washington was chosen President of the Convention. Two rules were first adopted : 1st, proceedings were to be secret, and 2d, one vote was to be given to each State, thus making it of no importance whether a State had a large or small delegation. Though the delegates had thus assembled to form a better and new union, they differed widely in their views as to what changes were necessary, and as to what powers should be given to the Federal Government, and what retained by the States. Some desired merely a change of the existing Articles of Confederation by granting more power to the Federal Government, while others wished an entirely new Constitution, which latter view prevailed. 18 The convention at once became divided into two parties. The first represented the small States, such as New Jersey and Dela- ware, and the other the larger States, such as Virginia, New York and Massachusetts. The plan brought forward by the part}^ of the large States was that presented to the convention by Edmund Randolph, of Virginia, generally known as the National or Large State Plan. This plan proposed a congress of two houses, having power to legislate on all National matters, and to compel obedience on the part of the States. Representation in both houses was to be based on population, thus giving to the large and more populous States the control of both branches of the legislature ; and, also, since by this scheme the President, executive officers, and judges were to be appointed by Congress, control of the whole administration of the new government would fall into the hands of two or three of the larger States. On behalf of the small States Patterson, of New Jersey, intro- duced what is called the New Jersey plan. B}' this plan the old Federal Congress was to be continued with its single house of legislature, and equal State vote. The great point, 'then, upon which the two plans differed, was as to how representation in the legislature should be apportioned among the States, whether it should be according to population, and with two houses, or whether there should be but one house, in which each State should have an equal vote. The question was settled by a compromise. It was agreed that there should be a legislature of two houses, a Senate or upper and less numer- ous branch, and the House of Representatives, the popular and more numerous lower branch. In the Senate each State was to have an equal representation, thus putting the large and small States on an equal footing. On the other hand, in the House of Representatives representation was to be according to population, thus favoring the larger States. Another point upon which the convention differed was concern- ing the slave trade, whether it should or should not be allowed to continue. This question was also compromised, it being agreed to permit its continuance for twenty years, (until 1808,) after which all importation of slaves might be prohibited. Yet another point in dispute was whether slaves should or should not be counted in estimating the population of the States, in order to determine the number of representatives each State should be entitled to. This too was compromised. Five slaves were to be counted as equivalent to three white men. These three main points being settled by compromises, other parts of the government, such as a single chief executive, a Federal judiciary, and the decision as to what powers should be given to the President, what to the Senate, and what to the House, were easily arranged, and the convention adjourned Sep- 19 teraber 17, 1787, having been in session a little over four months. Thus was prepared the Constitution under which we are now- living — an acliievemetit declared by Gladstone to be the greatest work ever performed at one time by the hand of man, and by Guizot as the greatest work of its kind. The Constitution having been agreed to in convention, it was now submitted to the vote of each of the colonies for accept- ance. It was decided in this convention that it should be con- sidered as ratified, and to go into effect as soon as accepted by nine of the thirteen Slates. The adoption or rejection of the Constitution now became a question which claimed the entire attention of the States, and it is during this contest that we find the origin of the first political parties in the United States. Those favoring its adoption were called "Federalists" and those opposing it "Anti-Federalists." Arguments For and Against Adoption. — Tlie Federalist party was composed of those men who were desirous of a strong central gov- ernment, and for this reason favored the Constitution. This party was especially strong in New* England, for New England being the commercial part of the colonies, had liad the lamentable weakness of the old confederation brought home to them the more forcibly by the disorganization and loss of commerce which the Continental Congress had been unable to regulate. The Anti-Federalists were tiiose who wished the State govern- ments to be kept strong, and that there should be comparatively a weak central government. The argument used by the Federalists for the adoption of the Constitution was, that thus only could order and prosperity be restored to .the country, by correcting all those defects of the Confederation which have been pointed out. They said that the Constitution, being a series of compromises, could not please every one in all respects, but that it was tiie best that could be obtained under tiie circumstances. Their, arguments appeared in a re- nuirkable collection of eighty-five essays, called the " Federalist," written by Alexander Hamilton, in company with John Jay and James Madison. In these were explained all the points of the Constitution, and to this day they remain the best exposition of the Constitution ever written. The objections raised by the Anti-Federalists were many. In the first place, it was of course objected that it gave to the central government too much power; that State government and State liberty would be crushed out. The State was then as dear to tiie citizen as is the National Government to us to-day. Patriotism then, was f)atriotism to the State. The colonists had suffered so much from control over their State governments by an outside strong government, that they were fearful of again putting them- selves under a strong national government even of their own 20 making. In glowing terms it was declared to be a government founded upon the destruction of the governments of the several States. They said, "Congress ma}^ monopolize every source of revenue, and thus indirectly demolish the State governments, for without funds they cannot exist." This element of State love and jealousy of the Federal power is of the utmost importance in studying our history. We see it running through all our history as the main point of division between political parties. (See article on "Introduction to History of Political Parties.") Another objection was, that the Constitution contained no defi- nite "bill of rights" that would recognize and guarantee funda- mental personal liberties, such as freedom of speech, liberty of the press, assurance against unjust arrest, the right to bear arms, and trial by jury in civil cases, etc. This class of objections was satisfied by the adoption of the first ten amendments, (which see.) It was claimed also by those opposed to the ratification, that there being in the Constitution no limit placed to the number of terms which one man might serve as President, that one man might become so powerful as to obtain a life-term of office, and thus the government degenerate into a monarchy. To show how exaggerated were the fears during this critical period of our his- tory, we have the report that it was actually claimed and believed by man}^ at that time that the Federalists had the secret intention of inviting over to our country some European prince who should rule asking. Patrick Henry cried, "We shall have a king; the army will salute him monarch." Though not fixed by the Con- stitution, it has since the time of Washington been the invariable rule that no man should be elected for more than two terms. The friends of U. S. Grant attempted to have him n.ominated for a third time, but so strong was this prejudice that popular as he was at that time the plan failed. For some nine months the battle waged fiercely in the States, but the Federalists prevailed. In June, 1788, the ninth State ratified, and adoption was assured. Congress fixed the first Wed- nesday in Januar}^ for the election of presidential electors ; the first Wednesday in February for the meeting of the electors and election of the President, and the first Wednesday in March, 1789, for the inauguration of the President and the beginning of the new Government. This last date fell upon the 4th of March, which date has from that time served as the day for the inaugu- ration of our presidents. Owing to a delay in the assembling of the new Congress, Washington was not inaugurated nor our pres- ent Government commenced until April 30, 1789. Thus was begun our present Government, which has stood the test of a century. When adopted there were thirteen States, now there are forty-two. The inhabited area was then the narrow strip between the Atlantic Ocean and the Allegheny Mountains. 21 Now it stretches from ocean to ocean— 3.000 miles Then the population was 3,000,000, many of whom' were slaves To-dav there are probably over 70,000,000 embraced in the United States, m which there breathes no soul who owns any man his master. btory s Commentaries on the Constitution " Schouler's History U. S., Vol. I. (The best.) Encyclopaedia Britannica, article " United States," Vol XXIII K. B. Curtis' " History of Constitution." Alex. Johnston's "American Politics." Presidential Succession. The provisions of the Constitution regarding the Presidential succession, in case of the death or resignation of both President and Vice-President, are: "In case of the removal of the Presi- dent from office, or of his death, resignation, or inability to dis- charge the powers and duties of the said office, the same devolve on the Vice-President, and the Congress may by law provide for the case of removal, death, resignation, or inability both of the President and Vice-Presfdent, declaring what officer shall then act as President, and such officer shall act accordingly until the disability be removed or a President shall be elected." (Article II, section 6.) In pursuance of the power thus granted to it in the last half of this section. Congress in 1792 passed an act declaring that in case of the death, resignation, etc., of both the President and Vice-President, the succession should be first to the President of the Senate and then to the Speaker of the House. This order was changed by the act of 1886, which provided that the succession to the presidency should be as follows : 1. President. 2. Vice-President. 3. Secretary of State. 4. Secretary of the Treasury. 5. Secretary of War. 6. Secretary of the Navy. 7. Postmaster-General. 8. Secretary of the Interior. 9. Attorney-General. In all cases the remainder of the four-years' term shall be served out. This act also regulated the counting of the votes of the electors by Congress, and the determination of who were legally chosen electors. Note. — The Constitution made no provision in case of a contested election, or when no one should be elected. Such a contingency seemed to have been overlooked in the fram- ing of the Constitution. Election op Senators. The provisions of the Constitution regarding the election of senators was as follows : " The Senate of the United States shall be composed of two senators from each State, chosen by the Leg- islature thereof, for six years ; and each senator shall have one vote." (Article I, section 3, paragraph 1.) " The times, places, and manner of holding elections for senators and representatives shall be prescribed in each State by the Legislature thereof, but the Congress may at any time by law make or alter such regula- tions, except as to the places of choosing senators." (Article I, section 4, paragraph 1.) Until 1866 this matter was left entirely to the States, as per- mitted b}^ the section of the Constitution just given. In that year an act was passed by the Federal Congress regulating the election of senators by the State Legislatures. By it was pro- vided that the Legislatures of each State, w^iich is chosen next preceding the expiration of the term of either of their senators, shall on the second Tuesday after assembling elect a senator in the following manner: Each House shall by open ballot (viva voce) choose some man for senator, and he who receives a major- ity of the total number of votes cast in such House is entered on the journal of that House. At noon on the following day the members of the two Houses coifvene in joint assembly, and the journal of each House is then read, and if the same person has received a majority of the votes of each House he is declared duly elected senator. But if not, the joint assembly then pro- ceeds to choose by a viva voce vote of each member present, a person for senator, and the person who receives a majority of all the votes of the joint assembly — a majority of all the members elected to both Houses being present and voting — is declared duly elected. If no person receives such a majority on the first day, the joint assembly meets at noon on each succeeding day during the session of the Legislature, and takes at least one vote until a senator is elected. Vacancies in the representatives to Congress are filled in a similar manner. In case of vacancies occurring of either Senators or Representatives during the recess of such Legislature of the State, then the governor appoints ; the appointee to hold until a successor shall be chosen in the above method by the State Legislature. Congressional Government. The Constitution created Congress and conferred upon it powers of legislation for national purposes, but it made no provision as to the method by which these powers should be exercised. In consequence Congress has itself developed a method of transact- ing its business, by means of committees, and hence our method of Government is called Congressional Government, or Govern- ment by means of committees. The Federal Legislature consists of two Houses — the Scnnte, or Upper and less numerous branch, and the House of Represent- ative, or the Lower and more numerous popular branch. The Senate is composed of two members from each State elected by the State Legislatures for a terra of six years, one-third of whom retire every two years. It is presided over by the Vice-President. It always, early in each session, chot)ses a President j^ro tem,pore, so as to provide for any absence of the Vice-President, whether caused by death, sickness, or for other reasons. The House of Representatives is at present composed of 331 members and five delegates from the Territories, the latter of whom, however, have no vote, though they may speak. It is presided over by a speaker, elected each session by itself. A quorum for business is, in either House, a majority. Congress meets every year in the beginning of December. Each Congress lasts two years and has two sessions— a long and a short session. The long session lasts from December to the middle of summer after first meeting. The short session lasts from December, when it meets again, until the 4th of March. The term of office then expires for all the members of the House, and for one-third of the senators. The long session ends in even years, (1880 and 1882, etc.,) and the short session in odd years, (1881 and 1883.) Extra sessions may be called by the President for urgent business. After a new President is inaugurated an extra session of the Senate is always called to confirm the nominations of the Presi- dent of his cabinet and other important officers. In the early part of the November preceding the end of the short session of Congress, occurs the election of Representatives. Congressmen then elected do nottaketheir seats until thirteen months later, that is, at the reassembling of Congress in December of the year follow- ing, unless an extra session is called. The Senate frequently holds secret, or as they are called, Executive sessions, for the con- 25 sideration of treaties and nominations of the President, in which the House of Representatives has no voice. It is then said to sit with closed doors. An immense amount of business must necessarily be transacted by a Congress which legislates for sixty millions of people, in- habiting a territory of over three and a half million square miles. The two sessions of the 49th Congress lasted from December 4, 1885, to August 5, 1887. The total number of days the Senate sat in session was 224, and that of the House of Representatives 251. During this time 11,238 bills were introduced and over 5,000 re- ports from committees made. Of these about 1,431 were passed, of which 264 became law by the expiration of the ten days' con- stitutional limitation; 50 bills did not become law owing to ad- journment of Congress; 132 bills were vetoed b}'- the President, (most of which were private bills,) two of which were passed over his veto. It is noteworthy that previous to this the total number of bills which had been vetoed by all the Presidents was only 111. Lack of time, of course, prevents a consideration of each bill separately by the whole legislature. To provide a means by which each subject may receive investigation and consideration, a plan is used by which the members of both branches of Con- gress are divided into committees. Each committee busies itself with a certain class of business, and bills when introduced are referred to this or that committee for consideration, according to the subjects to which the bills relate. Thus, for example, afiairs relating to Washington are handed over to what is known as the District Committee, a regular appropriation bill to the Committee on Appropriations, etc. These committees consider these bills carefully, frequently taking the testimony of outside persons to discover the advisability of each bill. The regular course through which a bill lias to go before becoming an act — i. e., to pass both houses and receive the signature of the President — is as follows: On Mondays there is a roll-call of the States, and members may then introduce in the House or Senate any bill they may desire. These bills are then referred by the presiding officer to appro- priate committees. These committees, meeting in their own sep- arate rooms, debate, investigate, and, if necessary, as has been said, ask the opinion of outside persons. After this consideration they are reported back to the House or Senate. But very few bills reach this stage, for the committee does not get time to report any but the more important ones, and thus the majority of them disappear, or, as the saying is, "are killed in committee." If a bill receives the approval of the committee it is favorably re- ported to the Senate or House, as the case may be — i. e., the bill is returned, accompanied with a report advising the passage of the accompanying bill. If the bill is not approved by the committee, an unfavorable report is made; bills are .seldom passed after 26 such an adverse report. These reports, which accompany the bills, are printed, often at great length, giving reasons for their action in regard to the bill referred to. After being reported by the committee back to the house in which it was introduced, it is voted upon, and, if passed, is sent to the other branch. If passed there it is read}'^ for the President's signature; if vetoed, the bill is lost, unless passed over the veto by a two-thirds vote of both houses. But frequently one house, while not wish- ing to defeat a measure sent to it from the other house, may de- sire to change it by some amendment. If this is done, the bill, as amended, is sent back to the house from which it came, and if then agreed to as amended by it, it is sent to the President for his approval. Thus by repeated amendments it may pass to and fro between the House and Senate several times. This is the regular course which a bill has to run, but in practice a very large num- ber are passed much more speedily and by a simpler process under what is known as "Suspension of the rules." The Senate is now divided into about fifty committees, but the number varies from session to session. The principal com- mittees are those on (1) Foreign Relations, (2) Privileges and Elections, (3) Judiciary, (4) Commerce, (5) Finance, and (6) Ap- propriations. The Senate selects the members for the different committees by ballot, though it is pretty well determined before- hand how each committee will be constituted by means of party caucuses, (informal meetings of members of the same party to determine upon lines of action that will be supported by all.) A committee is always composed of an odd number of members, and both political parties are always represented on every com- mittee, though the majority is, in almost all cases, from that party which has the majority of the members of the Senate. The House of Kepresentativcs is organized into sixty com- mittees, ranging in their number of members, from thirteen down. They are similarly constituted as the Senate Com- mittees as regards party representation. The Committee of " Ways and Means," which regulates customs duties and excise taxes, is by far the most important. Other important committees are those on (1) Elections, (2) Ap- propriations, (3) Judiciary, (4) Foreign Affairs, (5) Manufactures, (6) Commerce, (7) Labor, etc. Every Representative is on some committee and most of them on several. Unlike the custom in the Senate, in the House the presiding officer has the sole power of appointment, which makes him, next to the President, the most important and powerful Government official. The chair- man of each committee has, of course, a large power over affairs with which his committee is concerned, and for this reason it is often said that the chairman of these committees are the ones who rule the land. 27 Congress ordinarily assembles at noon, and remains in session until 4 or 5 p. m., though towards the end of the term it fre- quently remains in session until late in the night. The first thing on assembling in the morning is prayer. On Mondays, as stated, there is next a roll-call of States for the introduction of bills. Sometimes a committee is instructed to prepare and bring in a bill of its own, without waiting to have one intro- duced and referred to it. Reports from committees are heard during morning hours on Tuesdays, Wednesdays, and Fridays, and on Mondays after the introduction of bills. Friday is a day usually set apart for the consideration of private measures. On Saturdays Congress seldom sits, unless it be for the transac- tion of affairs relating to the District of Columbia, so this day is usually called the "District Day." There is still one feature of Congressional government which needs explanation, and that is the caucus. A caucus is the meeting of the members of one party in private, where is dis- cussed the attitude and line of policy which members of that party are to take on questions which are expected to arise in the legislative halls. Thus, in Senate caucus, is decided who shall be members of the various committees. In these meetings is frequently dis- cussed whether or not the whole party shall vote for or against this or that important bill, and thus its fate is decided before it has even come up for debate in Congress. W. Wilson's Congressional Government. (The best.) Bagehot's English Constitution. Bryce's American Commonwealth, Vol. I. Lalok, Encyclopeedia of Political Science, The Cabinet and Executive Departments. The executive business of the Government is, for convenience, divided among eight departments. The heads of most of these departments are called Secretaries, and together they form a committee of eight, called the "Cabinet," whose duty it is, in addition to the management of their departments, to advise the President on matters of importance. For this purpose they hold regular meetings, at which the affairs of government are dis- cussed and lines of action decided upon. The name of these eight departments are: (1) The State, (2) Treasury, (3) War, (4) Navy, (5) Interior, (6) Post-Office, (7) Justice, and (8) Agricul- ture. These departments are subdivided into divisions or bureaus, having charge of distinct branches of business under the control of one department. Such, for example, are the Pension Bureau and the Bureau of Education, in the Interior Department. The heads of these subdivisions are frequently called Commissioners, as Commissioner of Patents, Commis- sioner of Pensions, etc. The Executive Departments are not the creation of the Consti- tution, for the only mention made of such departments in it is in Article II, section 2, where the President is given the power to require the opinion in writing of the principal officers in the Executive Departments upon any subject relating to the duties of their respective offices. In fact, at first there were but three such departments, viz., the State, War, and Treasury Departments, created by the first Congress. The other departments have been added as necessit}'^ and convenience demanded. The Cabi- net is likewise the creation of custom, and not of law, and has no powers other than of advice and counsel to the President. The State Department. — The Department of State was the first established, (act of July ^7, 1789,) and ranks first. The Secretary is the medium of the President in communications with foreign governments. All such, though in form emanating from the President, when important, are prepared and signed by the Sec- retary, with the President's approval. Communications from foreign governments, whether through our ministers abroad, or their ministers at Washington, are received solely by him. He is also the medium through which the President communicates with the Governors of the States. He has charge of treaties and negotiations. He preserves the laws, as they are received from Congress, engrossed on parchment. He publishes the Federal laws, proclamations, and treaties. He keeps and affixes the seal of the United States. He publishes monthly commercial reports. 29 The patronage of the Secretary at AVashington is small, not much over sixty clerks, but that respecting the diplomatic and consular service is important. There are three Assistant Secre- taries. Their salaries are, Secretary, $8,000, First Assistant, $4,000; the other two, $3,500. The department is divided into seven bureaus. To facilitate communication and negotiations with foreign nations, and to protect the interests of American citizens in for- eign countries, the United States, in common with all civilized nations, has an elaborate system of representatives residing at the capitals of all the principal nations. This system is called the Diplomatic Service, and constitutes one of the bureaus under the State Department. Communications and negotiations with foreign nations are generall}^ carried on through them, or minis- ters of other nations situated at Washington. Tliese agents are called Ministers, and are of various rank and salary. The United States has ministers in about thirty three countries. The chief legations are those of Great Britain, France, Germany, and Russia. The salary attached to the minister to each of these legations is $17,500. To protect our commercial interests abroad, and our seamen and vessels in foreign ports, etc., the United States has also agents located in all foreign seaports of any prominence. In addition to these they have other very numerous duties. This system is called the Consular Service, and also constitutes a separate bureau under the State Department. Tiiese agents, called Consuls, are of various ranks and titles; Consul-Generals, Consuls, and Consular Agents, of whom 180 are salaried, the rest being paid by fees or engaged in other business. The Treasury Department. — This department was constituted by act of September 2, 1789. The Secretary (salary $8,000) can- not be engaged in trade or commerce. The business of the department consists of the management of the natioiial debt, national currency and coinage, the supervision of banks, of in- ternal revenue, of customs, of commercial marine, of light- houses, of the Coast and Geodetic Survey, of the inspection of steam vessels, of marine hospitals, and of the Life-Saving Service. There are two assistant secretaries, and eight heads of divisions. Six auditors examine the accounts of the United States. The Treasurer of the United States receives and keeps its mon- eys, disburses them on the Secretaries' warrants, and manages the independent Treasury system. The Comptroller of the Cur- rency supervises the national banks. Tlie Solicitor of the Treas- ury, an officer of the Department of Justice, with the Solicitor of the Internal Revenue, has charge of the claims and suits and the Secret Service. The other principal officials are the Commissioner of Customs, the Commissioner of Internal Revenue, the Director 80 of the Mint, the Chief of the Bureau of Statistics, the Superin- tendent of the Coast and Geodetic Surve}^, the Supervising Surgeon-General of the Treasur}' Department, tlie Supervising Architect of the Treasur}'^ Department, the Supervising Inspector of Steam Vessels, the Superintendent of the Life Saving Service, and tlie Chief of the Bureau of Engraving and Printing. The latter employs about ],200 persons; the whole department — 3,400 in Washington. The War Department. — This department was established by act of Congress August 7, 1789. Under the Secretary, each chief of division, into which tiie department is divided, is an officer of the regular o-rvaj. The Adjutant-General of the army, who has under him a large force of clerks, has the duty of issuing orders, conducting the correspondence of the department, and keeping the records. The Inspector-General inspects and reports upon the condition of the Arm}'^ at all points and the accountsof disbursing officers. The Quartermaster General has charge of clothing, quarters, and supplies, except food supplies, which form the province of the Commissary-General. The Surgeon-General has charge of the medical department, of the Army Medical Museum, and a special library. There are also a Paymaster- General, a Chief of Ordnance, and a Chief Signal Officer. The Chief of Engineers has charge of the construction of fortifica- tions, etc. The Judge-Advocate-General reviews the proceedings of courts-martial, and advises the Secretary on points of law. The Army is commanded by a lieutenant-general, under whom are three major-generals and six brigadier-generals. It consists of about 26,000 men, distributed in three divisions of the Missouri, the Atlantic, and the Pacific, of which the first contains four departments, the second one, and the third three. Tlie Navy Department. — Established by act of April 30, 1789. Under the Secretar\^ of the Navy, it is organized in eight bureaus. The officers of the Navy upon the active list include one admiral, one vice-admiral, six rear-admirals, and ten commodores. The naval force includes 10,000 officers and men, together with 2,000 marines. The number of vessels possessed by the Government is something under one hundred, of which few are in efficient service. The five stations maintained are : the Asiatic, the Eu- ropean, the North Atlantic, the South Atlantic, and the Pacific. AVithin recent 3^ears more attention has been paid to the Navy, and its strength is being yearly increased. The Interior Department. — The Interior Department was created in 1849 by grouping together in one depai^tment several branches of the government service which had formerly been distributed among the other departments. The principal subordinates of the Secretary of the Interior are: (1) the Conimissioner of the General Land Office, who has charge of all the public land of the Govern- 31 i ment, the acts in relation to it, its sale, survey, etc. ; (2) the Commis- sioner of Pensions, under whom is a great force at Washington, and eighteen pension agencies in different parts of the country. It was only in 1808 that the United States assumed all the State pension obligations. The act of 1818 gave pensions to all who served in the Revolutionary War nine months; other wars were included afterwards. The acts of the period beginning 1862 have enor- mously increased the amount paid. The number of pensioners is now a little over 400,000; the annual expenditure for pensions nearly $80,000,000. Only four European armies cost a larger sum than this. (3) The Commissioner of Patents. The Patent Office was created in 1836. About 24,000 patents are issued an- nually. Thereisan assistantCommissioner-in-Chief,an Examiner of Interferences, and twenty-eight examiners for different branches. Patents run for seventeen yeais. (4) The Commissioner of In- dian Affairs, who has charge of all matters concerning the In- dians. (5) The Commissioner of Education, who has charge of the Bureau of Education. This bureau was created in 1867. Its duties are to collect and diffuse information as to schools and otherwise to promote the cause of education. (6) The Director of the United States Geological Survey. (7) The Commissioner of Railroads. (8) The Superintendent of the Census. There is also an Attorney-General for the Department of the Interior. Agriculture, which is now a separate department, with a Cabinet officer, was until recently under the Interior Department. The Labor Department, which is now a separate department, (without a Cabinet officer,) was formerly a bureau under the Interior De- partment. The Post-Office Department. — A post-office for the colonies was established in the Postal Act of Queen Anne's reign. The Post- Office Department under the present Government was established in 1789, but the Postmaster-General did not become a Cabinet officer until 1829. The Postmaster-General has the management of the department, and of the domestic and foreign mail service. He can establish post-offices and appoint postmasters of tlie fourth and fifth classes — i. e., those whose salaries are less than $1,000. These number over 50,000. The total number of post-offices is almost 56,000. To those of the first three classes the President appoints. The other officers are the First, Second, and Third Assistant Postmasters-General, the Superintendent of the Money- Order Division, the Superintendent of Foreign Mails, and an x\s- sistant Attorney-General for the Post-Office Department. Star routes are so called because the forms of contracts for them are headed with three rhombs of stars. They are those mail routes which cannot be served in connection with passenger car- riage, but must be served as independent enterprises by men and horses under contracts let by the department to the lowest bidder. 32 They are under charge of the Second Assistant Postmaster-Gen- eral. Tlie star-route trials of 1876-1881 were caused by the claim that Brad_y had expedited these routes unnecessarily. Department of Justice. — The office of the Attorney-General of the United States was established in 1780, the Department of Justice not until 1870. The Attorney-General, a member of the Cabinet, gives advice upon legal points to the President, and also, when asked, to the heads of departments. He directs the cases of the United States and sometimes appears in them, especially in the Supreme Court. He supervises the United States marshals and district attorneys. His substitute and principal assistant is the Solicitor-General. There are also two Assistant Attorneys- General, the business of one being connected with the Supreme Court and the other with the Court of Claims. There are also, as before mentioned, certain legal officers attached to the other departments. To the Attorney-General belongs the duty of recom- mending persons to the offices of judges, etc., in the United States Circuit and District Courts. Lalor : Enc^^clopsedia of Political Science and American His- tory. Bannatyne: Republican Institutions in the United States. Text-books on civil government. The Federal Judiciary, In forming the Constitution the framers of our Government were controlled by the principle that the powers which belong to all governments can most safely and satisfactorily be exer- cised by dividing them according to their nature among three separate branches, the executive, the legislative, and the judi- cial. Under the Articles of Confederation this maxim of gov- ernment had been disregarded. The old Continental Congress had, under that plan, been given not onl}^ legislative powers, but also those executive and judicial powers which the States had allowed the central government. The lack of a Federal judiciary was, as Justice Story says, "one of the vital defects of the old confederation." Hamilton, the expounder of the Constitution, said : " Laws are a dead letter witliout courts to enforce and apply them." The reasons why a national system of courts was necessary were — 1. In order that there might be some power which should give an interpretation to laws wliich should be uniform throughout the land. If there were thirteen independent courts, each giving Federal decisions on the same causes arising under the same national laws, what but confusion and contradiction could arise? 33 2. Which should settle disputes between the States and citi- zens of different States. 3. Which should construe and interpret the Constitution it- self, and decide all disputes arising under it. 4. The Constitution is the supreme law of the land. No legis- lative act of either Congress or of the State legislatures contrary to the Constitution can therefore be valid. Hence, there was the necessity of some power which should have the power to deter- mine the constitutionality of any act when brought into ques- tion, and — 5. Which should have the power of determining the constitu- tionality of any act of State legislatures, and thus hold State legislatures down to the restrictions laid upon them, such, as for example, the inability to lay impost duties, to pass laws violat- ing the obligation of contracts, etc., or to regulate objects given exclusively to Congress. The manifest necessity of creating such a power may probably best be stated by using Hamilton's own words. (Federalist, 30:) " What would avail restrictions on the authority of the State legislatures without some constitutional mode of enforcing the observance of them? The Stntes, by the plan of the Constitu- tion, are prohibited from doing a variety of things, some of which are incompatible with the interests of the Union ; others with the principles of good government. The imposition of duties on imported articles, and the emission of paper money are specimens of this kind. No man of sense will believe that su^h prohibition would be scrupulously regarded, without some efll'ectual power in the government to restrain or correct infrac- tions of them. This power must be either a direct negative on the State laws, or an authorit}'' in the Federal courts to annul such as might be in manifest contravention of the articles of Union." * * * "These courts are to be tiie bulwarks of a limited constitution against legislative encroachments." These reasons were so strong that there was little or no objec- tion in the constitutional convention to the creation of a national judiciary, but difficulty arose in determining its precise nature and powers. As we have learned, the difficulty to be overcome in drafting our new scheme of government was how to satisfy State jealousies and interests, and to preserve State rights of government, and yet to obtain a strong central government; to harmonize State rights with Federal strength. In forming the .national judiciary, the object to be obtained, difficult of achievement, was, to use the words of Judge Curtis, (Federal courts of United States:) "To construct a judicial power within the Federal Government, and to clothe it with attributes which would enable it to secure the supremacy of the general Constitution and all of its provisions ; to give to it exact author- 84 ity that would maintain the dividing line between the powers of the nation and the States, and to give to it no more ; and to add to these a faculty of dispensing justice to foreigners, to citizens of different States, and among the sovereign States tliemselves, with a n)ore even hand and with a more assured certainty of the great ends of justice than any State power could furnish — these were objects not readily or easily to be obtained, and yet they were obtained with wonderful success." The establishment of the Federal judiciary is given in a few words in the Constitution : " The judicial power of the United States shall be vested in one Supreme Court and in such inferior courts as Congress may from time to time ordain and establish." In pursuance of this clause. Congress passed, in 1789, what is known as the "Judiciary Act," the first section of which reads : ■-"That the Supreme Court of the United States shall consist of one chief justice and five associate justices. This act also estab- lished the inferior Federal courts, tlie circuit and disti'ict courts, and also defined and fixed their fields of jurisdiction, i. e., the class of cases which these courts could have power to try. The Supreme Court stands at the head of our national judi- ciar}'. Its field of jurisdiction is the construction and exposition of tiie Constitution of the United States. Hon. S. F. Miller, senior justice of this court, has said : " This court, whether we take the character of the suitors that are brought before it, or the importance of the subjects of litigation over which it has final jurisdiction, ma}' be considered the highest the world has ever seen. It has power to bring States before it, States wliich some of our politicians have been in the habit of considering sover- eign, not only when they come voluntarily, but by Federal pro- cess they are subjected, in certain cases, to the judgment of the court. Whatever these States may have been at the time of the formation of the Constitution, they now number tiieir inhabi- tants by the millions, and in wealth and civilization are equal to many of the independent sovereignties of Europe." There have been considerable changes in the structure and duties of the Supreme Court since its formation. At present there are nine justices, instead of six. There is now one annual term of the court held, beginning on the 2d Monday of October and continuing until about Ma}' 1st. Of the nine justices six constitute a quorum. The Supreme Court first met in February, 1790. Since organ- ization it has had eight chief justices, in the following order: John Jay, 1789-1795. Oliver Ellsworth, 1795-1799. John Marshall, 1801-1835. R. B. Taney, 1836-1864. S. P. Chase, 1864-1873. M. R. Waite, 1873-1888. M. Fuller, 1888. 85 In 1795 Jolin Rutledge was appointed to succeed Jay, received his commission, and held one term of the court, but was not con- firmed by the Senate. During tlie early years of the existence of the Supreme Court few cases arose requiring its jurisdiction. During the first term there was no business to be transacted. In 1801 there were only ten cases on the docket, and for some years the average annual number of cases was twenty-four; but in later 3'ears the num- ber rapidly increased. From 1850 the average number of cases decided was seventy-one, while from 1875 to 1880 the average was three hundred and ninety-one per annum, and now there are more than a thousand cases awaiting a hearing, and the court is so far beliindhand in its work that it takes from three to four years for a case to come up for trial after having been en- tered upon the docket. At present there are about four hundred cases granted a hearing yearly. Almost immediately after the adoption of the Constitution began struggles and disputes between the States and the Federal Government. In this contest the Supreme Court steadily up- held the central power, and did much by its decisions to en- force and establish the power of the Constitution. Especiall}' was the court powerful during the years 1801 to 1835, when Marshall was chief justice, to whose wisdom and prudence it is difl^cult to ascribe too much influence in fixing the present stability of our government. The annual term of the Supreme Court begins the second Monday of October and lasts until about May. Daily sessions, with the exceptions of Saturdays and Sundays, are held, begin- ning at 12 o'clock, in the Capitol building at Washington. The present justices are Fuller, chief justice, and Lamar, Bradley, Miller, Field, Harlan, Gray, Blatchford, and , associate justices. Every Saturday morning the justices meet in consultation and decide cases argued during the week. The decisions are announced on Monday mornings. The justices are appointed by the President, hold office for life, and are re- movable only by impeachment. The Supreme Court has been an invariable supporter of the Federal Constitution. During the early years of our govern- ment it was our firmest barrier against the efforts of the States to lessen the Federal power. It has always maintained the balance of power between the States and the Union. The following are a few cases decided by the Supreme Court which it is important we should be acquainted with, owing to the influence which their decision has had upon our history: 1. In 1793 the case of Chisolm, vs. Georgia came before this court. Chisolm, a citizen of North Carolina, sued the State of Georgia for a sum of money, and under the second section of 36 Article III of the Constitution, which says that the judicial power of the United States shall extend to disputes between a State and citizens of another State, the court gave judgment in his favor. This decision that a State government could be sued ngainst its will created so much dissatisfaction that the Eleventh Amendment was adopted, which said, "the judicial power of the United States shall not be construed to extend to any suit in law or equity commenced or prosecuted against one of the United States by citizens of another State, or by citizens or subjects of any foreign State." The effect of this amendment is that a State can refuse, and often has refused, to pay her just debts. 2. In 1819 was decided the very important case of McCnllongh vs. Maryland. The United States had established a national bank, which was objectionable to many of the States. Maryland attempted to destroy the bank by levying a very high tax upon a branch bank within the State. The question as to her right to do this was brought before the Supreme Court. To have allowed Mar3'land this right would have been to give to a State govern- ment the power to oppose and render useless an institution created by the Federal Government. The court sustained the Federal power, and it was declared unconstitutional for any State to pass laws opposing the operation of any Federal statute. 3. In the case of Dartmouth College vs. New Ha'injisJnre was de- clared the unconstitutionalit}' of a State law impairing the obli- gation of contracts. 4. A very important case decided b}'' Chief Justice Taney was that of Dred Scott vs. Sandford in 1857. Dred Scott, a negro slave in Missouri, had been carried into the Territory of Minnesota, where, by the Missouri Compromise of 1820, slavery did not exist. Upon being carried back into Missouri by his master, Scott claimed his freedom upon the ground that he had been volun- tarily carried into a Territor}^ where slavery was not allowed. The Supreme Court in its decision declared that Congress had never had the power to pass any law which would forbid slave- owners settling in Territories and still retaining control of their slaves. The whole country was at this time in great excitement in regard to the question whether or not in the organization of the Territories of Kansas and Nebraska into States slavery shotild be prohibited, and this decision, whereby the Missouri Compro- mise Act was practically annulled, and which pointed directly forward to an establishment of slavery in the new Territories, raised public excitement to a fever heat. It was in this decision that the statement was made that at the time of the formation of the Constitution the general opinion had been that the colored man had no rights which the white man is bound to respect. As a direct result of this case a more determined stand was taken at the North against slavery ; the Anti-Slavery Republican party 37 % was strengthened, and their candidate for President, Abraham Lincoln, elected in 1861, and the catastrophe of civil war pre- cipitated. 5. Tlie legal-tender decisions, given in several cases soon after the civil war, are important. During the progress of the war to raise funds to meet the extraordinary expenses of the Govern- ment, the Government had been forced to issue slips of pyper which represented no deposits of coin in the Treasury, but only promises to pay certain sums by the Goverment, which were de- clared legal tender, that is, made by law as good as gold and sil- ver, and the people forced to receive them in paymeiU of debts and for commodities. The question was raised as to whether tiie Government had by tlie Constitution power to do this, and b}'' the legal-tender decisions it was decided that it had. Federal Judicial System and Jurisdiction of the United States Courts. District Courts. — The United States is divided into judicial dis- tricts. Many single States form a judicial district, while others are divided into two and others into three districts. The number of districts has varied. At present there are about sixty. To each of these districts is given a court and a district judge. These form the lowest grade of Federal courts. Circuit Courts. — Tiiese judicial districts are grouped into nine i circuits. For example, the N+ftth circuit includes the districts of r Maryland, Virginia, West Virginia, North Carolina, and South Carolina. For each circuit is appointed one circuit judge. One of tlie justices of the Supreme Court is also allotted to each of the cir- cuits, who, after the expiration of the Supreme Court term, visits his 9ircuit, and tries the more important cases which may arise in that circuit. The Circuit Court may be held by the circuit judge, the Supreme Court jusdce, or the district judge of that district in which the court is sitting, or by any two of them, or all of them, sitting together. Tlie Circuit Courts form the next series of the Federal courts higher than the District Courts. Jurisdiction. — The relation between the Supreme, Circuit and District courts is easy to explain. Their jurisdiction is upon Federal questions; that is, on those cases mentioned in the Con- stitution over which judicial power has been granted to the United States, viz., questions arising under the Constitution, Fed- eral laws, or treaties, between citizens of different States, between citizens and foreigners, between States themselves, etc., and all crimes punishable under the United States laws. The Circuit Court is higher than the District Court, and to it cases involving |500 and over may be appealed from the District courts. The Supreme Court is the court of last resort, and to it 38 all appeals from the Circuit Courts come, with the limitation that $5,000 be involved. The cases decided by the Supreme Court are then of two classes : (1) those over which it has original juris- diction, (see Constitution;) i. e., those cases which originate or be- gin in that court, and (2) those cases over which it has appellate jurisdiction; i. e., those cases which come thither by appeal from the lower Circuit Courts, and which form the larger part of its work, and also by appeal from the highest State courts in cases involving certain Federal Cjuestions. The District of Columbia being directly governed by the United States, its courts are Fed- ■eral courts, and hence, cases may be appealed from such courts to the Supreme Court; likewise for the same reason aj)peals may be had to the Supreme Court from the territorial courts. We must remember that these courts deal only with Federal questions arising under United States laws, and, besides these courts, all of the States have their own judicial systems of courts to. interpret State laws and to try the great majority of cases. These courts are entirely separate from the United States courts, and with different judges, though some few classes ot cases may bo transferred from them to the United States Courts, if in them the interpretation of a Federal law is brought in question. There are four grades of law in the United States. First and highest is the United States Constitution; second, United States laws, or statutes, as they are called, passed by Congress; third, State constitutions, and fourth, State laws, passed by the State legislature. In case of conflict of laws the lower must yield to the higher. For the purpose of settling claims of private persons against the United States, tiiere has been established at Washington a Court of Claims, held by five judges. From it appeals lie, in some cases, to the Supreme Court, and in others they are referred to Congress for action. Curtis' Federal Courts. Bryce's American Commonwealth. The Ordinance for the Government of the Northwest Territory. When the colonies joined in union under the Articles of Con- federation, in 1781, they ceded to the General Government their claims to unoccupied western territory. The larj^est land grant was that by the State of Virginia, which occupied that part of the United States l3'ing north of the Ohio River and east of the Mississippi River. The problem of management of public lands was thus earl}'- presented to our Federal Government for solution. The manner in which Congress dealt with this question has proved eminently wise and successful, and has largely contributed to make the United States tlie nation that it is t*o-da_y. The leading feature which has characterized the plan followed from the beginning, and still in use, is the formation of States from such territory as soon as there is sufficient population ; such States to have similar forms and powers of government as the original States, to be on an equal footing with them, and be bound b}^ the Constitution of the United States. Congress has absolute control of the Terri- tories. (For Territorial Government see Article on Territories.) Tlie ordinance which the Continental Congress adopted in 1787 for the government of the Northwest Territory is of great impor- tance, as showing the estal)lishment of our territorial system, and as containing many of those features of management which have been u-:ed from that date until now, and also of interest because of the effect it has had upon the history of slavery in our countr3^ This ordinance provided that the whole of this territory should form one district. At first Congress appointed the governor, secretary', judges, and military generals and the governors to make the laws, subject to the approval of Congress. When the population reached five thousand the inhabitants were to have a legislature of their own, and to have a delegate who could sit in Congress, but have no vote. There was a bill of rights. Public education was encouraged. Not less than three nor more than five States were to be formed from it. Ohio, Indiana, Illinois, Michigan, and W^isconsin have been the five States formed from this territory. The tiansferrence of the territory into States was promised as soon as the population should reach sixty thousand. Slavery was forever prohibited in all this territory. We shall see of what tremendous importance was this clause which guar- anteed to this large tract freedom from the curse of slavery, when we come to consider the struggles which were made for many years to keep slavery from the territories. Encyclopaedia Britannioa, Article on United States. Lalor, Ency clopsedia of Political Science and American History. Government op the Territories. One million four hundred and sixty thousand six hundred and twenty-four square miles, or two-fifths of all the land under the United States Government, are situated outside of State govern- ments. This land is organized under eight Territorial govern- ments, viz: Washington, Wyoming, Idaho, Dakota, Utah, Arizona, New Mexico, and Montana.* There are also two unorganized Territories, viz: Indian Territory and Alaska. Besides these lands not under State governments, is the District of Columbia, which contains sixty-four square miles. Government of Territories. — The fundamental law of a Territory is the Federal Constitution, just as in a State, but, unlike the State, it has no constitution of its own, but its government is regulated entirely by Congress. In Section 3, Article IV, of the Constitution, it is declared that "Congress shall have power to dispose of and make all needful regulations respecting the ter- ritory or other property belonging to the United States." In pursuance of this clause Congress has in the eight organized Territories instituted governments as follows: The executive of the Territory is a Governor appointed by the President for a four years' term. There is also a secretary and treasurer. The legislature consists of two houses, a council of 12, (in Dakota 24,) and a House of Representatives of 24, (in Dakota 48.) They are elected by the people of the Territories, and have a term of two years. The Legislature meets every other year. All its acts require approval by Congress before becoming law. The judiciary consists of three or more judges appointed by the President, together with a district attorney and United States marshal. Territories send neither Senators nor Representatives to Con- gress, but have one delegate apiece in the United States House of Representatives, who may speak, but not vote. Admissio7i of a Territory af a State. — A Territory is an embryo State. As soon as a Territory becomes sufficiently populated it applies for admission into the Union as a State, and it will be now shown how such admission is performed. When an appli- cation by a Territory for Statehood is made it is considered by Congress, and, if approved, tlie inhabitants of the Territory are * Note.— Since this was written Dakota, Washington, and Montana have applied to Congress tor admission as States, and their request has been granted. ConstitiUions lor tlieni are now being formed, and tliey will, in all probability, become States this winter. Dakota will be divided and admitted as two States. 41 * authorized to form for themselves out of such Territor}' a State j^overnmeiit, and thus prepare themselves for admission into the Union. A State government is formed as follows : The Governor of the Territory issues a proclamation declaring that on a certain date there shall be an election of delegates to a convention, and such convention to be held on a certain date. These delegates are elected by popular vote. The members of the convention thus formed declare that they, on behalf of the people of the Territory, adopt the Constitution of the United States, and then proceed to draft a State constitution and government. It is provided that this constitution shall be Republican in form, and make no dis- tinction in civil and political riglits on account of race or color, except for Indians Jiot taxed; tiiat it shall not be repugnant to the Constitution of the United States and the principles of the Declaration of Independence. Perfect religious toleration must be guaranteed, all right or title to the unappropriated public lands lying within the Territory must be disclaimed and given over to the United States. Provision must be made by the con- stitution for the establishment and maintenance of the system of public schools. After adoption by the convention the constitution is offered to the people for ratification. If ratified the Governor certifies the result to the President of the United States, and if the constitu- tion is found to have complied with all the conditions just men- tioned, the President issues his proclamation declaring the ratifi- cation of the constitution, and upon that day upon which the proclamation is issued the territory is deemed admitted by Con- gress into the Union as a State, on an equal footing as the original States, and entitled to representation in both houses of the Fed- eral Congress. Their representatives and the Governor and other State officers are elected on the same day as that on which the constitution is ratified by the people. Bannatyne's Republican Institutions in the United States. Bryce's American Commonwealth. J. H. U. Studies in Local Government, State Governments. The United States is a nation of thirty-eight Federated States. Each State iuis its own separate government, which is sovereign, except as to a few powers whicli have been granted to the United States Government for general purposes. Citizens of States are also citizens of the United States, and thus owe a double alle- giance to the State in which they reside and to the United States. These States vary in size from that of Texas, the largest, with an area of 265,780 square miles, to that of Rhode Island, the smallest, with 1,250; and in population from that of New York, with nearly six millions, to that of Nevada, with about forty thousand. The largest State is greater than either France or the German Empire. State governments are older than the Federal government, for it was by a grant by the States of certain of their powers in the Constitution that the United States Government was created. Each State is represented in Congress by two members each in the Senate. Members of the lower branch of the Federal legis- lature are apportioned among the States according to population. As in the case of the United States, the powers of government are divided among three departments — the executive, legislative, and judicial. In the United States Constitution it is expressly de- clared that "the powers liot granted to tlie United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." Each State government has — 1. A Constitution. 2. A Legislature of two Houses. 3. An executive, composed of a Governor, Lieutenant-Governor, (in almost all cases,) Secretary of State, Auditor, and a few others. 4. A system of local government in counties, towns, cities, etc. 5. A body of Slate laws. 0. A judicial system of courts, from which no a|)peal can be had to United States courts except upon Federal questions. 7. A system of local taxation. Each State government has all the rights usually pertaining to a sovereign State, except — 1. Right of secession, (settled by the civil war.) 2. Those powers which the Federal Constitution expressly for- bids to the States. o. Those powers which have in the Constitution been exclu- sively given to the Lnited States. All States have public debts, which they may, and sometimes do, repudiate. They can be sued only by other States, 'i'he Eleventh Amendment declared that a citizen could not maintain a suit against a State. State laws are binding only within its own boundaries. * 43 % State Constitutions. — As the Federal Constitution is the supreme law of the United States, so is the State constitution the highest law of the States. The Constitutions of the original thirteen States were, after independence, naturally formed largely by re- modeling the charters wliich they held from England. In three colonies (Rhode Island, Connecticut, Massachusetts) their char- ters were adopted as constitutions without any change, except, of course, to annul their obedience to the English king. All sub- sequent constitutions have been closely modeled after these first thirteen. The Federal Constitution provides that all State con- stitutions must be Republican in form. (For other conditions of admission of territories as States, see subject " Territories.") The modes of amendment of constitutions dififer in different States, but in all, amendment is much easier of accomplishment than in the case of the Federal Constitution, as is shown by the fact that since 1776 there have been adopted by the States one hundred and five complete constitutions, and two hundred and fourteen partial amendments, while since the passage of the first ten Federal amendments in 1789, there have been but five additional amendments. Some States provide thattlie constitution shall be submitted to the people at the end of certain intervals of time for amendmient. In the larger number of cases a nicijority of the popular vote is required for ratification of a. constitutional amend- ment. State constitutions show a tendency to become longer, and to regulate a constantly increasing number of subjects. A normal State constitution has the following i)rovisions : 1. A definition of the State boundaries. 2. A bill of rights (guaranteeing private rights, such as free- dom of the press and speech, trial by jury in criminal cases, right to assemble and petition, etc.) 3. A frame of government, an enumeration of officers and powers of legislature, executive, courts of justice, etc. 4. Miscellaneous provisions, relating to administration of schools, militia, taxation, debts, local government, corporations, amendments, etc. State Legislatures. — The legislature in all States consists of two Houses, of which the upper and smaller branch is called the Senate, and the lower and more numerous branch usually the House of Representatives, though in six States it is termed the Assembly, and in three the House of Delegates. The members of both houses are elected by popular vote, but Senators usually for a longer time, and frequently higher qualifications for them are required. States are divided into districts for election pur- poses, and, though members of the legislature may offer them- selves for election from any district, it has become the invariable custom for them to be elected only from tlie districts in which they reside. Universal manhood suffrage, that is, the right of all male citizens over 21 years of age to vote, is the rule, though 44 ♦ in eight States paupers have no vote, and in a few a certain amount of education is required, (generally enough to read tlie State constitution.) The number of members in the State legis- latures varies greatly. In the Senate, Delaware has the smallest number, (9,) and Illinois the largest, (51.) In the lower House, Delaware has likewise the smallest number, (21,) while New Hamp- shire has the greatest, (321.) The Lieutenant-Governor of the State is ex officio President of the Senate. In all States, except six, sessions of the legislature are held only once every other year, and even then the length of the session is limited to a fixed number of days. As in Congress, business is conducted by means of committees, but are in both Houses elected by ballot. The State legislatures have full charge and control of all local governments within their individ- ual States, The Senate has the power of trying im})eachments of State officials. It also ratifies appointments of the Governor. In all States, except four, acts of the legislature require the sig- nature of the Governor before they become laws. To pass a bill over a veto requires in twenty-three States a two-thirds vote in both Houses; in two, a three fifths vote, and in nine, a majority vote of the total number of members. A State legislature can enact no law which will be effective beyond its own boundaries. State Executive. — The chief executive of the State is the Gov- ernor. Other chief officials are the Lieutenant-Governor (in 27,) Treasurer, Attorney General, Secretary of State, Auditor, and Superintendent of Public Instruction. The term of office of the Governor varies in different States from one to four 3a^ars. He has out small powers of appointment, most of the State officials being elected by the people. In all but four States he has a veto on legislation. He has the power of pardoning. The Lieuten- ant-Governor is President of the Senate. State Judiciary. — The State judiciary includes three sets of courts : 1. A Supreme Court of Appeals, the highest court, from which cases involving Federal questions may be appealed to the Su- preme Court of the United States. 2. Superior courts of record. 3. Various local courts, such as county courts, corporation courts, etc. Each State recognizes the judgments of other States, and gives credit to their public acts and records, and delivers up to justice, on demand of the executive, any criminal fleeing from other States into her borders. In most of the States the judges are elected by the people, though in eight they are appointed by the Governor^ and in five by the legislature. The Attorney-General conducts cases in whicli the State is a party, and manages other legal business in which the State is interested. Bryce's " American Commonwealth." Local Government. It will be remembered that in the chapter on government we learned that all people are governed by two governments, one a central national government for general purposes, such as war, peace, treaties, coining money, etc.; the other a system of local government, ruling small areas and managing petty local affairs, such as lighting, mending roads, tending parks, schools, etc. We in the United States are under three governments ; first and highest, the National United States Government ; second. State governments, and third, local governments. It is concerning local governments in the United States tliat we will learn in this chapter. Just as the whole United States is divided into forty-six sec- tions, eac!) section being a State or Territory, so each State is in turn, for convenience in the administration of its government, divided into small local areas, each division managing those affairs which appertain to its own area. These duties are of the most petty character, such as the tending and maintenance of court-houses, prisons, police regulations, roads, charitv, etc. There are three types of local government in the United States: 1st, New England type, in which the unit of government is the town* or township; 2d, the Southern type, in which the unit is the county, and 3d, the Western system, in which the New Eng- land and Southern systems are combined. 1st. Local Government in New England. — Here the unit of gov- ernment is the township, or town, as it is sometimes called. The sum of the areas of the townships majke up the whole area of the State. There are few towns exceeding five square miles in area, and the population generally is less than 3,000. The New England township is therefore not a thickly settled area. When a town becomes closely settled it is incorporated as a city. The town is governed by an assembly of all qualified voters, who elect a smaller body of men called selectmen. These selectmen are the executive officers, and are three, five, or seven in number. Other officers are assessors and collectors of taxes, a school committee, a town clerk, who keeps a record of births, deaths, marriages, etc. The county also exists in New England, and is formed by the union of several towns, but it is of ver\^ little importance, and has but very few duties. * These county towns are country districts and must not be confounded with the small cities which are sometimes called by the same name. • 46 2d. Local Government in the South. — Here the town (township) does not exist. The unit of government for performing local duties is the county, which is much larger than the New England township. The county government is managed by a Board of County Commissioners. The chief officer for executing the de- crees of the county judiciary is the sheriff. od. Local Governvient in the West. — Here, as before stated, we find the New England and the Southern systems combined, but combined in different States in such various degrees as to make useless any attempt to describe them more particularly. J. H. U., Studies in Local Government. Bryce's American Commonwealth. Government of Cities. Tlie proportion of people in the United States who reside in cities is increasing. In 1790 there were only 13 cities of 5,000 inhabitants, and none with 40,000. Now there are probably over 500 that have a population exceeding 5,000, and at least 30 with a population of 100,000. In 1790 3.3 per cent, of the total popu- lation lived in cities of over 8,000 inhabitants, while to-day over 25 per cent, live in cities of such a size and over. When any small area becomes thickly and permanently set- tled, and a certain population is reached, (which varies in the different States,) the State legislature is appealed to, and a charter of incorporation as a city is granted. The form of government of all our large cities is much the same. There is — 1st. A mayor, who is the chief executive, and is elected directly by the people of the city. His term of office is sometimes only one year, though more often two, three, four, or five 3^ears. In almost all cases he has a veto on acts of the cit}^ legislature, which veto may, however, be overridden by a two-thirds vote. 2d. Other minor executive officers, as collector of taxes, super- intendent of the streets, treasurer, &c. — some elected by the people and others appointed by the mayor or legislature. 3d. A legislature of two houses, (in small cities, one house,) the members of which are elected by the people, and is called the "City Council." The upper branch is called the ''Board of Aldermen," and the lower and more numerous branch the Com- mon Council." 4th. City judges are elected by the people. Particular duties are generally given to special boards or commit- tees, as the police department, fire department, parks, prisons, etc. For election purposes cities are usually divided into wards, and the wards into voting precincts. J. H. U., Studies in Municipal Government. Bryce's American Commonwealth. Government Revenue and Expenditure. The Federal Government, the individual States, and the dif- ferent local bodies (counties, towns, cities, and school districts) are all supported by compulsory contributions raised from their own citizens. The chief source of this revenue is by taxation, though sums of considerable magnitude are, in many cases, obtained by other means. The Federal Government, for in- stance, derives several millions yearly from the sale of its public lands, the States from fees and licenses, and the cities are more and more deriving their revenue from the sale or lease of public rights and franchises, or their operation by themselves. Taxes may be roughly defined to be those enforced contribu- tions from individuals, levied either directly, as so much per capita, (poll or school tax,) or upon the different forms of prop- erty, to bo paid by those individuals owning or using them, which sums are used for the support of the State. The power to raise taxes rests solely in tlie legislatures. Taxes are not, how- ever, always levied to raise income primarily, as, for instance, customs duties are intended to carry out the idea of protection to American industries. High liquor licenses are mainly for the purpose of lessening the use of intoxicating liquors. The Federal Government raises its revenue independently of the other governing bodies, from different sources, and by a different set of collectors. Federal taxes are of two kinds — 1. Customs duties. 2. Excise or internal revenue duties. Of these, much the greater sum is raised from customs duties. In 1887 the total amount from both sources was $336,110,284, of which $217,286,893 came from customs and 1118,823,391 from internal revenue. From other sources, sale of public land, etc., $35,292,993. Total, $371,403,277. Customsor tariff'duties are taxes whidi have to be paid on a large class of goods imported into this country from foreign countries. These charges are collected by Government collectors, stationed in all our j»rincipal seaport cities, who inspect all incoming vessels and determine the amount to be paid, according to the rate de- termined by Congress. This system constitutes the so-called pro- tective tariff policy of this country. Those commodities not so taxed are said to be on the " free list." It is upon the question as to how much, or on what articles these duties shall be levied, that the Republican and Democratic parties differ; the former 49 * favoring high rates and the latter low rates, that is, merely enough to support the Government, or, as it is termed, "a tariff for rev- enue only." Internal revenue duties are those taxes collected from its own citizens upon a small class of articles produced in this country. The chief memhers of this class are distilled liquors, tobacco, and oleomargarine. In 1887, out of the $118,823,391 received from internal revenue, there was derived from spirits and fermented liquor 187,751.322; tobacco, $30,108,067 ; oleomargarine and mis- cellaneous, $964,002. These duties are collected by Government collectors stationed in every United States district, who visit the distilleries, collect the taxes, and see that the law is enforced. In several Southern States attempts to evade the law are very fre- quent and difficult of detection. The expenses of the vast postal system conducted by the Federal Government are very nearly de- frayed by the charges made for postage. The State and Local Taxes are generally, for convenience, col- lected at the same time, and by the same officials, but independ- ently of the Federal Government. The Constitution of the United States forbids the States to derive a revenue from duty upon goods imported or exported. The States are, therefore, for the most part, restricted to a direct tax on pro{)erty for the support of their governments. The general method for raising this tax is as follows: The legislatures of the States, having determined what in- come is needed, apportion this sura among the counties, or in New England, directly among the townships, in proportion to the value of the property situated within them, or establish a certain percentage tax on all property, to be collected in the same man- ner. So, similarly, the counties apportion among the cities and townships within their area, in proportion to the value of their taxable propert}'^, not only what they have to pay to the State, but also the sum they have to raise for county purposes. Thus when the township or city authorities assess and collect taxes from the individual citizens, they collect at one and the same time three distinct taxes — the State tax, the county tax, and the city or township tax. Retaining the latter for local purposes, they hand on the two former to the county authorities, who, in turn, retain the county tax, iianding on to the State what it requires. Thus trouble and expense are saved in the process of collecting, and the citizen sees on one tax paper all he has to pay. The chief tax is the property tax, based on a valuation of property, and generally of all property, real and personal. Of this by far the greater sum is realized from the tax on real property, (land and buildings on it.) Cities and other local subdivisions, as has been stated, are raising their revenues more and more from the s'ale, taxing, or operation of public franchises and rights, as street 50 car lines, gas and water-works, etc. Those who fix the value of taxable property and thus determine the amount the owners are to pay, are called assessors. Those collecting taxes are called col- lectors. The revenue of the States is seldom large in pro[)ortion to the wealth and number of its inhabitants, because the chief burdftn of administration is borne not by the States, but by the Federal Government, on the one hand, and the local subdivision of the States on the other. The total revenue of all the States is barely one-third of that of the Federal Government. 'Tlie expenditures of all the gaverning bodies. Federal, State, and local, are kept entirely independent of each other. Tiuit of the Federal Government is for the benefit of all the States, while that of the other bodies are only for their own individual benefit. The Federal Government receives much more than it expends, and has a large surplus on hand in the Treasury. The States and local bodies, on the other hand, have in the past expended more than their revenues, making up their deficiency by loans on their credit. The chief objects of Federal expenditure (in addition to the postal system already considered and for the most part supported by its own revenue) is: 1st, interest on the public debt; 2d, pen- sions to disabled soldiers; od, for the support of the civil branch of the Government; 4th, war and naval expenditures. Total expenditures for the year 1887 were $267,932,180 on the following objects : 1. Interest on the public debt $47,741,579 2. Pensions 75,029,102 3. Civil service 85,264.825 4. War and Navy 53,602,153 5. Indians " 6,194,127 Money can only be expended by the Government after it has been appropriated b}'^ Congress in its annual appropriation bills. This voting of money by Congress is the most important busi- ness that it transacts. Every year the heads of all the different departments frame estimates of the amounts of money that will be needed to support their departments during the following 3'ear, which they send to the Secretary of the 'J'reasury, who, after con- sidering and revising them, transmits them to Congress in his "Annual Letter." It is then considered by the Appropriation Com- mittee, whose duty it is to consider and frame bills for the appro- priation of moneys. Though guided by the estimates provided, they frequentl}^ depart widely from them. After being reported to the House and passed they are sent to the Senate, where they are invariably amended by increasing the appropriations and are returned to the House. A compromise committtee is then ap- pointed between the House and Senate Committees on Appro- priations, who, after mutual concessions, agree upon such appro- •51 priations as will be passed by both houses. The House then amends the bill as agreed upon, passes it, and sends it to the Senate again, who in turn passes it and sends it to the President for liis signature. All bills for raising money must, by the Con- stitution, originate in the House. Besides the appropriations for the expenses of Government there is annually authorized a large expenditure for im{)rovement of rivers and harbors. Many of the expenditures authorized by these bills are undoubtedly un- necessary, but they are passed by mutual consent of the mem- bers, each of whom desires to increase his popularity at home by getting public money spent in his district. The expenses of the State governments are not heavy, and are devoted to but a few objects. Their chief expenditures are (1) the salaries of officials ; (2) judicial expenditures; (3) the State volunteer militia; (4) grants to public schools; (5) public charities and institutions, as prisons, insane asylums, etc., (6) interest on State debts; (7) internal improvements and public buildings. The methods of appropriations are similar to those employed b}^ the Federal Goverrment. The expenditures of the local bodies, and particularly cities, are much larger, in proportion to their population, than that of the States, and is increasing at a greater rate than the increase of population. The objects of expenditure are numerous and very important. The chief ones are : (1) Interest on local debts ; (2) maintenance and care of the streets and roads; (3) lighting of streets ; (4) police ; (5) salaries of officials. All these classes of governments have contracted large public debts, the payment of the interest of which is one of their chief expenses. The debt of the Federal Government was contracted in conse- quence of the civil war. In 1866 it reached its highest point, $2,773,236,173. Since then it has been steadily reduced, until in 1887 it was only $1,700,771,948. Most of those by the States were contracted by ill-advised and untimely systenjs of internal improvements. In 1887 the total State debts amounted to $228,000,000. The local debts are also large, and for the most part incurred in improvements and construction of public works, which have well repaid the debt incurred, adding materially to the wealth of their districts. Annexation of Territory. The treaty of 1783, which gave independence to the colonies, defined their boundaries. The territory given up by England stretched from the Atlantic Ocean westward to the banks of the Mississippi River, and from the great lakes southward to the southern border of Georgia. The population was tiien less than 4,000,000, with its center at Baltimore. The area of the col- onies was about 827,844 square miles. The area of the United States has since enormously increased by conquest, treaty, pur- chase, and by exploration and settlement, until now it embraces an area of 3,603,884 square miles, or about four and one-third times its original extent. The following is a brief account of these accessions of territory : 1. The Louisiana Purchase of 1803. — The region around the mouth of the Mississippi River and the basin of that river, run- ning north as far as Canada, and westward to Oregon, had been discovered and claimed as their country by the French explorers LaSalle and Joliet, and was named Louisiana, in lionor of their king, Louis Fourteenth. The first settlement was made in 1699. In 1762 France, by treaty, gave this land to Spain. In 1800, by a secret treaty, Louisiana was again given back to France. It was very important that the colonists should control New Orleans and the mouth of the Mississippi River, for it was through this outlet that all the produce raised west of the Alle- ghanies and in the Ohio Valley found its way to market. Pro- posals were made by our Government to Napoleon, then Emperor of the French, for the purchase of the tract of land about the mouth of the river. Napoleon was then, owing to his numerous wars, in great need of money, and offered to sell to the United States the whole of his possessions in America. The offer was accepted, and price paid was $15,000,000. This vast tract of land thus gained from France has an area of 1,171,931 square miles. Out of it has been formed the following States and Ter- ritories: Arkansas, Missouri, Iowa, Nebraska, Oregon, Dakota, Washington, Idaho, Montana, and parts of Minnesota, Kansas, Colorado, and Indian Territory, 2. Florida. — Florida was gained by the United States partly by seizure (by Andrew Jackson in 1814) and partly by treaty with Spain in 1819. By this treaty $5,000,000 compensation was given to Spain for this territory, and the United States also renounced all claims to Texas. Florida had been originally settled by the Spanish. The treaty of 1819 was ratified by Spain in 182 land the territory handed over to the United States, thus adding 59,268 square miles to the United States territory. 3. Texas. — Mexico was conquered and held as a province by Spain until 1831, when it revolted and became an independent 53 ^ nation. Texas was one of the States of the Mexican Republic, which was then formed. In 1836 Texas became dissatisfied with Mexican control, and successful l}"^ revolted, and established itself as an independent State. But the Texan government soon fell into trouble, became bankrupt, and, as a solution of their trouble, asked to be admitted by the United States as a State. Tiie advisability as to whether this should be done or not was a great party question for many years. Tlie South were desirous that the annexation should be made, as Texas was a slave-hold- ing country and her admission as a State would strengthen the pro-slavery party. For the same reason her admission was op- posed by the anti-slavery party of the North. In 1844 Polk was elected President upon a platform which demanded the annexa- tion of Texas, and in 1845 this was accomplished. This act of our government was displeasing to Mexico, who yet claimed Texas as her own, and this, together with disputes as to bound- aries, precipitated the Mexican war of 184o-'8. In this annexa- tion the territory of the United States was increased by 376,133 square miles. 4. New Mexico. — This territory included what is now New Mexico, Utah, Upper ('alifornia, and a large part of Arizona and Colorado. This land had been conquered during the Mexi- can war by Kearney, Stockton, and Fremont, and in 1848, by a treaty, Mexico gave up what rights she yet claimed, for which she received a compensation of .$18,250,000. By this treaty 545,783 square miles were added to the United States. 5. Gadsden Purchase. — -In 1853 was acquired by purchase from Mexico a tract of land just north of Mexico and west of Texas, embracing 45,535 square miles. The price jiaid was $10,000,000. This was known as the Gaiisden purchase, fiom the name of its negotiator. 6. Alaska. — Alaska was acquired from Russia in 1867 by pur- chase for $7,200,000. It has an area of 577,390 square miles. It has proved quite a valuable acquisition on account of its valuable fur-bearing animals, its fisheries, and the rich mineral deposits discovered there. The following is a table of the various acquisitions, with their dates and areas : United States (1783) 827,884 square miles Louisiana (1803) 1,171,931 square miles Florida (1819) 59,268 square miles Texas (1845) 376,133 square miles New Mexico Territory from Mexico (1848). 545,783 square miles Gadsden purchase (1855) 45,533 square miles Alaska (1867) 577,390 square miles Total 3,603,884 square miles Public Lands of the United States. The history of the acquisition of the vast territory of the United States has already been given in the previous paper. Prior to 1781 but six of the original thirteen States — New Hampshire, Rhode Island, Maryland, Pennsylvania, New Jersey, and Delaware — had exactly defined boundaries. The others claimed lands of various extents, stretching to the Mississippi E,iver, or even to the Pacific Ocean. The title to all this land was then in the individual States, and the National Government, as such, had no land of its own. This question of the ownership of the western land was one of the subjects of controversy and discontent between the States. It delayed the adoption of the Articles of Confederation for some time. Those States with little or no land regarded with jealousy their more fortunate neigh- bors, and would not consent to a union until a settlement or understanding was had. The Articles of Confederation were adopted only after assur- ance was made that all the public lands would be ceded to the Federal Government. This was finally done by the States. The Government formed under the Constitution succeeded to all this land, and in addition further cessions by the States were made, the last being that of Georgia in 1802. The subsequent additions of territory were made directly to the United States, and not to tlie States, and all land thus gained was held as public land to be disposed of by Congress. While the area of the United States is 3,603.884 square miles, the public domain which has been acquired by cession, purchase, or conquest, to be disposed of by the Government as it desires, has amounted to 2,708,388 square miles, or about two-thirds of the total area of the country. The absolute title to this land, as before stated, became vested in the United States Government. The disposal of these lands has always been under the sole power and control of Congress. This land was all thinly occupied by Indian tribes, who jnerely hunted over it, leaving untouched its natural fertility and vast mineral resources. These tribes were recognized to have a sort of half interest in the land as being the actual occupants. This half ownership was always first extinguished by the United States by purchase for small sums, or by the granting of certain privi- leges, etc., before it was opened up for settlement and occupation by the white man. Land is still held, to a considerable extent, in this way by the Indians. This right of the Indians can only 55 be extinguished by the United States, as they are not allowed to sell or treat at all with individuals or States or foreign nations. Until 1812 the affairs of the public domain were managed by the Secretary of the Treasury. In that year the office of Com- missioner of the General Land Office was created, and remained a bureau under the Treasury Department until 1846. On the creation of the Interior Department in that year, it was trans- ferred to it, under whicli it has continued until the present time. This bureau has complete charge of all matters relating to the management and disposal of the public lands, subject to the direction of Congress. Almost every conceivable method of disposing of this land has been followed. The Government has, however, never assumed the j)Osition of landlord and rented the land, except in one case of some mineral land, which experiment resulted disastrously. Before the land could be disposed of, it was necessary that it should be surveyed by the Government. To do this there was adopted as early as 1776 the so-called rectangular system, which has, with slight changes, been continued until the present time. By this system there is first surveyed a base and a meridian line, crossing each other at right angles, running north and south and east and west. From these fixed lines the land is surveyed and marked ofi^ into rectangles of six miles square, each thus contain- ing thirty -six square miles. This is called a township. This is again divided up into sections of one square mile each or 640 acres, and this again into quarter sections of 160 acres each. In some cases this is still further subdivided. The regulation and disposition of the public lands has been one of the chief duties imposed upon Congress. The chief methods by which the public lands have been dis- posed of are as follows: 1. Educational Grants. — Congress from the very first provided liberally for the establishment of common schools through grants of public lands for this purpose. As each township is surveyed one quarter section of 640 acres is set apart for common schools. This has continued from the beginning down to the present time. In addition, large grants have been made specially for the endow- ment of universities. Within later years land has been given to every State to found State military and agricultural colleges. Up to the present time there have thus been granted for educational purposes 77,448,192 acres. 2. Land Bounties for Military and Naval Service. — There have been granted by different acts bounties of public land, in the nature of pensions, to the soldiers and sailors of the United States Army, on their honorable discharge, for their services to the Government. The amount of land thus granted (1880) has been 61,028,430 acres. 66 3. To the States for Internal Improvement. — Tliere was granted to the States during the years from 1828 to 1846, for the iinprove- ment of rivers, building of canals, wagon roads, railroads, etc., 162,230,099 acres. 4. Sales of Public Land. — Under this head there are two classes of public land' — first, that Avhich may be bought for the minimum rate of $1.25, and, secondly, the alternate sections along the rail- roads, (the other alternate sections being granted to the railroads,) the minimum price of which is $2.50. There has been sold in all 192,584,116 acres, realizing $233,000,000. 5. Under the Pre-emption Acts. — These acts, passed at various times, provide that where a man, a citizen of the United States, settles upon and cultivates a tract of land not greater than 160 acres for a certain length of time, then the United States will give him such tract of land. 6. Under the Homestead Acts. — The homestead laws have created a better and more certain manner for settlers to acquire land than under the pre-emption acts. By these acts it is pro- vided that any citizen who will select either 160 acres of the |1.25 land or 80 of the $2.50 land, can then get a permit from the land office, settle on his land, and can acquire a title to it. 7. Under the Timber Culture Act. — This act gives to any one the right to 160 acres of the $1.25 land if he will plant 10 acres in timber, or 80 acres of the $2,50 land if he will plant 5 acres in timber. 8. Certain Lands to States. — 'Quite a large quantity of the pub- lic land has been given to the States on account of its qualit^^, as swamp or overflowed land, and for various reasons, to the extent of 158,417,514 acres. The Money We Use, No man b}^ himself produces everything he wants to use, but devotes his time to the production of some few things, and the surplus that he does not use, he exchanges for other things made by other men. In rude stages of society this is done by a direct exchange of one commodity for another, as so much wheat or corn for a gun or plow, etc. This is a very iniperfect and cumbersome method, which cannot be employed in our present complicated transactions of buying and selling. There thus early developed the use of money, or the practice of referring the value of all things to one standard, usually the precious met- als ; so thatj instead of trading 20 bushels of corn for a plow, where it would be necessary to go to the great trouble of finding a! man who had a plow, and also wanted your corn, you sell it for so much money, and with this money you buy a plow. Money is thus but a medium of exchange and standard of value. In the United States, as in most nations, money has always been made by the Government, and the Government alone, so that one certain fixed system may prevail. For the sake of convenience, money is nnide of various kinds and denominations, and United States mone}'^ may conveniently be regarded under the five follow- ing divisions: 1. Gold Coin, Gold Bullion, and Gold Certificates. — There are six gold coins: (l)the eagle, $10 piece; (2) the double eagle, |20 piece; (3) the half eagle, $o; (4) the quarter eagle, $2.50; (5)the$3 piece, and (()) the %\ piece. The three last are but little used. The gold bullion, or gold in bars and blocks uncoined, are for all practical purposes as good as the coin, and in foreign trade are much used, they being more convenient to handle. Besides the gold coin and bullion there are in circulation gold certificates. These are paper, the same in general appearance as the ordinary bank-note, and certify that an equivalent amount of gold has been deposited with the Treasurer of the United States, and that the holder of the certificate has the right to obtain the gold for it at any time. This does not increase the amount of money in circulation, as for ever}'' one issued just so much coin is with- drawn and stowed away in the Treasury. They are simply used for convenience, and in order to avoid the necessary wear of the coin if in constant use. These certificates are of the denomina- tion of 120. 2. Silver Dollars and Silver Certificates. — There is no silver bul- lion circulating as money, as a silver dollar does not contain a 58 dollar's worth of silver, as the gold dollar does of gold, and the silver bullion is thus of different value, (less value,) according to weight, than the silver dollar. The silver certificates are similar to the gold certificates, already described, and represent that an equivalent amount of silver is deposited in the Treasury. 3. Subsidiary and Minor Coins.^AW coins of a lower denomi- nation than $i belong to one or the other of these two classes. There are three subsidiary coins, the fifty cent, the twenty-five cent, and the ten cent pieces. The thiee cent piece is no longer coined. All other coins are minor coins. The peculiarity of the subsidiary and minor coins is that they are, as compared with the standard coins, gold and silver dollars, of a greater value than the value of the metal they contain. The subsidiary coins are legal-tender to the amount of $5; the minor to the ex- tent of twenty-five cents. By legal-tender is meant that the Gov- ernment has' ordered that they must be received in payment of all debts and articles bought. Gold coin and the silver dollars and certificates are legal-tender to any amount. 4. Treasury Notes. — Under this head are included that form of money ordinarily known as "greenbacks," from the color of their backs. They were originally issued during the civil war, and are really but a promissory note on the part of the Govern- ment, and so but one form of debt of the Government, as they are paper, which of itself is of no value, and no coin is deposited in the Treasury which they represent, as in the case of the gold and silver certificates. They thus cost the Government nothing, and, as they are made legal-tender, and paid out by the Government, they vvere just so niuch clear gain to it. At fir':t they were not redeemable, i. c, .exchangeable for coin at the Treasury, but since 1879 they are, and are therefore just as valuable now as any other form of money, though formerly worth much less than their face value. One hundred million dollars in gold is kept on deposit in the Treasury for their redemption. 5. Notes of National Banks.— Tins is the one form of money that is not issued directly by the Federal Government, but through the agency of what is called our "National Banking system." This system is as follows: A national bank can be organized by any number of men, provided the capital stock of the bank is at least $100,000. One-third of their capital must then be invested in Government bonds and deposited in the United States Treasury. They may then issue bank-notes to the extent of 90 per cent, of sucli deposit. Such notes are thus amply secured by the deposits with the Government. The Government guarantees their pay- ment, and so they circulate as well as the certificates issued directly by the Government. Thus the great mass of paper money in circulation is issued by the national banks, which they must first redeem with coin, on demand, and, in case of failure, they % 59 are paid by the Government, which reimburses itself from the deposits. A bank-note differs from a Treasury note in two par- ticulars. The Treasury note or "greenback " is a promise of the Government, and is legal-tender in payment of all privat' debts; the bank-note is the promise of a private company, and is not legal-tender. A bank-note is said to be paid when the bank gives a greenback or coin for it; a greenback is said to be paid or redeemed when the Government gives gold for it. Statistics, (1886.) The following figures give the amounts of the various sorts of money described in the foregoing, which are now in the Treas- ury, in the banks, and in the hands of the people : Gold coin and gold bullion $590,774,461 Silver coin and silver bullion 236,815,484 U. S. Treasurv notes 346,681,000 National Bank-notes 308,691,000 Subsidiary and n]inor coins 75,060,000 It will be noticed that gold and silver certificates are not in- cluded, for, as explained, they merely represent an equal amount of coin or bullion on deposit. The total amount of money is thus $1,558,021,945, which, divided by the total population, gives about $26 per capita. It should be borne in mind in connection with these figures that other devices are used along side by side with money in carrying on trade and serving the same purposes, such as checks, drafts, bills of exchange, and other forms of credit. Pakty Machinery. In all the States, counties, cities, and even in the smaller sub- divisions of wards, political parties are thoroughly organized, with acknowledged leaders, and under systems of rules or party government. This party government, or "machine," as it is called, has been created by no law or constitution, but is one which has been gradually foiXjned by the voters themselves, and under which they have voluntarily placed themselves, in order to better suc- ceed in their elections, well realizing that the best chance of suc- cess is by having all the voters of tlieir party united on certain principles embodied in a party platform, and having candidates so nominated that the whole party will recognize them as their choice. ^ The aims of party organization are: First, union, that is, hav- ing all voters united as to candidates and platform, and second, recruiting or the gaining of new adherents. There are nearly always two opposing parties, both striving for the control of the Government. Botli have very nearly the same system of party government, but their organizations are totally distinct and separate one from the other. There are two distinct parts of party government. They are, 1st, a set of committees, whose business it is to do all the work of managing elections, such as raising and applying funds for elec- tion purposes, organizing meetings, providing orators, publisli- ing and distributing political tracts, and other inlbrmation, and stirring up enthusiasm by parades and fire-works, etc. They have also the iniportant duty of calling together nominating conventions. The second part of the "machine" embraces the nominating conventions, which propose the names of the candidates whom their party are to support for election. Tliese assemblies are called together by the committees periodically, for the purpose of specific nominations, and cease to exist as soon as their work is done. Besides nominating candidates, the conventions draw up the platform, which is a statement of party principles, beliefs, and pledges. To provide for their reassembling next time, they also elect a new committee, for the next term ; and also send delegates to the next higher convention. Thus are found a committee and a nominating convention, managing not only national and State elections, but even arranging and running elections in the smaller electoral subdivisions. 61 There is a committee and a nominating convention for ever}'' city, for every county, for every district, and for every State. Tliere are, then, throughout the whole United States, such com- mittees, each managing its own local affairs, but 3'et all related to each other, thus forming one vast organized sj^stem. Beginning with the smallest and lowest will be shown their mutual connections and workings. Starting, then, with the township convention, or convention of a city ward, we find that all the voters of the part}^ are called together on a certain da}' by a committee (which was chosen at the preceding meeting) for the purpose of nominating candidates for local affairs, and naming delegates to represent them at the city or county convention. The city or county convention, composed of these men, is called together by the city or county committee. It first nominates candidates for the city or county affairs, and selects delegates to the State convention, and also provides for the next meeting by the election of a new committee. In similar manner, just before every State election, the State convention, composed of city and county delegates, is called together by the State central committee. Here are nominated men for State offices, a new committee ap- pointed to manage State elections; and also, once every four years, the important duty of selecting Presidential electors is per- formed. The Democrats also select, in this State convention, their delegates to the National Presidential Nominating Conven- tion. The Republicans select but four delegates from each State in State conventions, the remainder being appointed in district conventions. Following the same method the National Central Committee calls together a National Convention of all the dele- gates which have been appointed by the State for the purposes cf (1) nominating candidates for their party for President and Vice President; (2) drawing up and accepting a party platform; (3) selecting a new National Central Committee for the next four years, which committee is to manage the election campaign and call the next National Convention. National Conventions and Presidential Campaigns. History and Development of the National Convention. — In the first Presidential elections of 1789 and 1792 there was no necessity of having regular party nominations made, as the whole people were practically unanimous in favor of Washington. Likewise in 1796 it was so well understood that Adams was the man desired by the Federalists, and Jefferson by the Democrats, that formal nominations were not required. But, commencing with 1800, })olitical parties were more divided in their choice, and some method was demanded by which it might be decided on whom the party would unite. From 1800 to 1820 this demand was met b}' nominations made by Congressmen, in caucuses, or private meetings, of the members of each party. This method finally proved unsatisfactory to the country, but from 1824-1835 no new and better method was invented, and nominations were made rather irregularly, each State legislature proposing the name of its favorite. This method of nomination naturally failed to unite the voters of a party, in all the different Strifes, on one man, and had to be abandoned. After a failure to revive nomi- nation for President by Congressional caucuses, a new method was developed and adopted, which was by National Nominating Conventions, such as we have to-day. The introduction of this last plan may fairly be dated at 1840. National Conventions were first held at Eastern cities, but are now held further West, to accommodate the shifting center of population, Chicago being the favorite city. This convention is composed of delegates from all the States. Each State sends twice as many delegates as it has representa- tives in the National Senate and House of Representatives, all thus making a total now of 802. In addition to these, the Re- publicans allow two delegates from each of the Territories. Method of Procedure. — As soon as the State and Territorial dele- gations arrive in the city they each elect a member for the new National Central Committee for the next term. Inside of this committee is chosen an executive committee, which, in reality, does all the work of conducting the campaign. The members of this committee are almost always men of wealth, and are ex- pected to contribute liberally to the campaign fund. The business of the National Convention is commenced by the chairman of the National Central Committee calling the con- vention to order. A temporary chairman is then chosen, who appoints a "committee on credentials," whose duty it is to decide 63 * which delegation shall be admitted in case two delegations are sent from the same State, both claiming admittance as repre- senting the party in that State. A "committee on resolutions" is also appointed to prepare the party phitform. The next day the i)ermanent chairman is appointed. The platform is then read and adopted, or amended and adopted. There is next an alpha- betical roll-call of the States, when names are proposed and sec- onded for nomination as candidate for President. The average number of names pro])Osed is seven or eight, though sometimes as many as twelve are offered. As each man is pro))osed the dele- gate presenting his name extols him with a laudatory speech, and gives reasons why his man will make a strong candidate and an able President. Voting then commences. Each delegate has one vote. In the Republican convention a majority of the whole number of the delegates voting for one man is required before a nomination is had, while the Democrats recjuire a two-thirds vote. Sometimes a nomination is made on the first ballot, while at other times the convention has been so divided that as man}' as 53 ballots have been required, as was the case when the Whigs nominated Scott. Forty-nine ballots were needed when Pierce was nominated by the Democrats. In 1888 Cleveland was nomi- nated by the Democrats by acclamation, no vote being necessary to show the wishes of the delegates. Harrison was nominated by the Republicans on the eighth ballot. A candidate for President having been selected, a Vice-Presi- dent is in a similar manner, though generally with much less trouble, nominated, and the work of the convention is ended. The candidates are now put before the people by their respec- tive parties. The people, of course, do not vote directly for them, but what amounts to the same thing, vote for electors, who are pledged to vote for them. A vigorous campaign of four months then follows, until election day, in the first week in November. Each candidate, a short time after his nomination, is expected to publish a letter of acceptance, in whicli he expresses his full confidence and belief in the platform which his party has ado]')ted, discloses his views, and outlines what his future policy will be if elected. To recapitulate, then, in a few words, let us see how a President is nominated and elected. In nominating the President each voter in caucus or primary meeting shares in choosing delegates to the ward convention, whicli chooses delegates to the city or county convention, which ill turn sends delegates to the district conventions. In these, delegates are chosen for the State conventions, where Presiilential electors are appointed, and also the delegates sent to the National Convention. '^ 64 In the National Convention, composed of delegates sent from the State conventions and Territories, the President is nominated. The electors are elected by the people, who in turn elect the nominees of their National Convention. If State officers, as Governor, Attorney-General, Secretary of State, Treasurer, etc., are to he elected, they are nominated in the State conventions and elected by the people. Besides counties, townships, and cities, States have other sub- divisions for political purposes. Thus the whole State is divided into senatorial districts, each one of which sends one Senator to the State legislature, and also into smaller districts, each one of which sends one member to the lower house of the State legis- lature. Usually a senatorial district is one or more counties, except in the case of large cities, which may in itself contain two or more senatorial districts. Bryce's American Commonwealth. Lalor's Encyclop£edia of Political Science and American Historv. Introduction' to the Study of the History of Politic.vl Parties. The United States Government was formed by thirteen inde- ])endent coloni(!S voluntarily uniting and putting themselves under one Government of tiieir own making. This National Gov- ernment was formed, as we know, by the individual States giv- ing up certain of their powers of government, which could best and most safely be exercised by the Federal Government, and which would be sufficient to form a central government strong- enough to enforce obedience at home and demand respect abroad. The solution of the problem of how many, and what the na- tional powers should be, was the work of the Constitutional Con- vention. Of the difficulties of this task we have already learned something. The delicate point to be adjusted was to give to the Federal Government the powers which were necessary for the establishment of an etfective National Government, but in doing so to give no more, and, as far as possible, to retain in the States their full governmental powers; in other words, to harmonize Federal strength with State sovereignty. In the debates which arose in the Constitutional Convention and during the contest for the adoption of the Constitution, we find the beginning of a political dispute, which has run through all our history, and been at the bottom of all real national dis- putes between political parties from that time until now — a po- litical question if once understood and remembered, will do more than anything else to give us a clear explanation for the existence of national political parties and for their disputes. This political factor in our history is the jealousy of the State govern- ments towards the central government — the fear on their part lest tlie National Government become too strong at the expense of their powers of govennnent. The Constitution is often spoken of ns the framework of our Government. This statement is likely to be misleading. The Constitution has served rather as a foundation upon which to build the Government than as an entire framework. As Johns- ton, in the encyclopEedia, says: "The Constitution is meant onl}^ as a scheme in outline, to be filled up afterwards, and from time to time l)y legislation. The idea is most plainly carried out in the Federal judi^'iary. The Constitution directs that there shall be a Supreme Court, and marks out the general jurisdiction of the courts, leaving Congress, under the restriction of the Presi- dent's veto power-, to build up the system of courts which shall 66 best carry out the design of the Constitution. The Constitution made no mention as to how business should be transacted by the legislature. Committee government in Congress has been a sub- sequent growth. The only mention in the Constitution of the Speaker of the House (to-day by far the most powerful officer in the Legislature) is where it says : " The House of Representatives shall choose their sJDeaker and other officers." All the executive departments — the State, War, Navy, Treasury, Post-Office, In- terior, Justice, and Agriculture — have been created by acts of Congress. So, too, the Constitution gives to Congress control of all Territories, but does not provide how that control shall be exercised. All these parts of government, and many others, have been created by right of the power given the National Government in the last clause of Section 8, in Article I. In this section, after enumerating various particular powers given to the Federal Gov- ernment, there is added the clause which reads, " and (shall have pjower) to make all laws wliich shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution i.n the Government of the United States, or in any department or officer thereof." The general rule used in interpreting and applying the Constitutional powers has been that the State governments have all govern- mental powers, except those granted exclusively to the United States, or expressly forbidden to the States by the Constitution ; and the United States Government has only those powers granted to it in the Constitution. But here in this last clause of the 8tli section, just quoted, is a general grant to the National Govern- ment of all powers which may be necessary or proper for carry- ing into effect any of the powers particularly granted. Who, or what is to decide what powers are necessar}^ or proper to ac- complish this object ? Disputes as to how this clause should be interpreted, and what power should be considered as implied under this head and to be given to the National Government, have continued throughout our whole history, and have formed the basis for almost all na- tional politics. These disputes have been caused by the State jealousy of the National Government, before spoken of. There has always been a party, the members of which favoring great powers for the States, rather than for the Federal Government, have been "strict constructionists," and have advocated a strict, narrow, close construction of this clause, thus to retain in the State governments as many powers as possible. For this reason they are often called the "States' Rights Party." Opposing them has been the party of loose constructionists, wlio have believed in a free, liberal construction of the Constitution, and have en- deavored to increase the power of the Federal Government. By 67 whatever name they may have been known, there have been, during the most of our history, two political parties, the one hold- ing to strict construction and State rights, and the other to loose construction and Federal power. It must not be understood that there has ever been a party calling itself the strict (or loose) con- struction party, for these names have been used not as titles, but only to describe beliefs and aims. Let us see now, in a few words, what influence this jealousy of the States towards the National Government, and their endeavors to strictly construe the Constitution so as to retain as much power in their hands as could be, has had upon political parties. The Anti-Federalists opposed the adoption of the Constitution upon the ground that the National Government was, by that scheme, made too strong and the States consequently shorn of their power. The Constitution having been finally ratified and adopted, and a few years' experience having been sufficient to siiow the superiority of the new government over the old one, and the consequent benefits to be derived, opposition to the per- manent establishment of the new government ceased; and there was then no reason for the existence of the Anti-Federalists as a party, but the same spirit of State jealousy and fear towards the National Government served to keep them united as a political party. As a party they now worked, not against the establish- ment of the new government, (a question now settled,) but aimed to have the Constitution so interpreted as to give to the Federal Government control of as few matters as possible. Tlie Federalists while in power, by loose construction, claimed for the Federal Government the right of establishment and man- aging a national bank, and of assuming the State debts. In 1798 they attempted to stretch the constitutional powers too far when they passed the Alien and Sedition Acts, notwithstanding the First Amendment, which guaranteed to the people freedom of speech and press, and the Fifth Amendment, which said that no person should be deprived of life, liberty, or property without due process of law. These acts led to a vigorous protest on the part of the States, shown in the passage of the Virginia and Ken- tucky Resolutions, showing an almost rebellious discontent on the part of the States. These resolutions declared that the Constitu- tion was a mutual agreement on the part of the States, by which the States surrendered only a limited portion of their powers to the National Government, and that when the National Govern- ment assumed powers not delegated to it, it was the dut}'' of the States to object and to protect the rights which they stilt pre- served. The Federalists were defeated in 1800, and. Jefferson, the leader of the Anti-Federalists, (then called the Democratic-Republican, or simply the Republican party,) became President. 68 Thus, throughout all tiie history of political parties we find this question of strict and loose construction of the Constitution the root of the political disputes. It has been the loose construc- tionists who have favored internal improvements, such as roads, canals, etc., at the national expense, national banks, the constitu- tionality of the protective tariff, and the power of the National Government to compel the obedience of a State government, and by force of arms in 1861-'65 to prevent the secession of discon- tented States. Slavery has, of course, been a source of great disagreement between parties, and, loosely speaking, we might say that it was the loose constructionists who said that the National Government had the power to regulate slavery in the Territories; but when we consider closely we will see that the so-called State's rights in regard to slavery have always been sectional rights— that is, limited to one section of the country— the Soutii. In the course of our study we will find that political parties have not always held consistently to the same side of the dispute between loose and strict construction. The tendency has been for a strict construction party, when it comes into power, to broaden its views of the Constitution, so that it might exercise as much power as possible. Thus, for example, the Anti-Federalists, as soon as they gained control of the Government, purchased and annexed the vast territory of Louisiana^ the power to do which could hardly be found authorized in the Constitution. In ISIG they established a national bank, a project which they had vio- lently opposed when out of power. Scpiouler's History of the United States. Johnston's American Politics, Encyclopaedia Bmtannica : Article on the United States. Vol. XXIIT IvEC'ON STRUCTION. The conclusion of the civil war in 1865 did not relieve the United States Government of its extraordinary difficulties. There was the whole South, a conquered territory, outside of the Union, for it had seceded and established a government of its own. This Confederate government had now been destroyed by the North, and the South was thus without a government. Four million slaves had been liberated, who were uneducated, without money, and living among people hostile to them. Congress must provide for and [)rotect them in their rights and freedom. The work to be done by Congress, then, was— 1. To decide upon what terms ami upon what conditions the seceded States sh(jiild be re-admitted into the Union, and to provide for them a govern- ment until such re-admission. 2. The negro must be protected. The South, not being in the Union, had at this time, of course, no representation in Congress, and consequently, the Repubjicans \yere in great majority. Unfortunately, Johnson, who succeeded to the Presidency at the death of Lincoln, though a Republican, disagreed with his party, and legislation upon this subject was only secured bypassing all acts by a two-thirds vote over his veto. x4fter much discussion, the first Reconstruction Bill, " to provide for the more efficient govenniient of the rebel States," was passed in 1