A treatise on civil government, and the civil system of Missouri

Front matter

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UNITED STATES OF AMERICA.

Introduction

REASONS FOR THE APPEARANCE OF THIS BOOK.

There is a peculiar appropriateness in the American claim for the advantages of universal education. It is interwoven and blended with, and is inseparable from, the theory and nature of our government.

We present to the world the most thorough and complete system of representative and republican insti¬ tutions ever seen. We say that the citizen is the sov¬ ereign ; and the sequence of this proposition is, he must understand the duties of his office as ruler, he must be able to rule intelligently.

Hence the law governing public education has al¬ ways recognized “ civil government ” as a study of pri¬ mary importance. Indeed, no advocacy of public schools is ever disassociated from the claim that education of the masses is a governmental necessity. Yet, strange as it may seem to those who have not investigated the matter, it is true that no other study is so much neg¬ lected. No other subject is so little understood. There is a reason for this ; and that reason has caused the preparation of this work.

INTRODUCTION.

President Andrews, of Marietta (Ohio) College, says, in his “ Manual of the Constitution of the United States,” “ Until within the last few years, Americans have been lamentably ignorant of their national govern¬ ment, both as to its history and its operation.” The Rev. James E. Latimer, in his introduction to Town¬ send’s “Analysis of Civil Government,” speaks of remov¬ ing “the popular ignorance regarding our institutions too long prevalent in this country.” In the preface to Young’s “ Civil Government,” the author declares, “ Our country presents the strange inconsistency of expending millions every year in the education of its youth, with a view, professedly, to the safety of our free institutions, and yet allowing the schools to turn the mass of these young citizens upon the community without a day’s in¬ struction in the principles of that government in which they are to take a part ! ”

The ignorance of our people in reference to govern¬ mental affairs is truly surprising, and has been noticed by every one who has had occasion to look into the matter. The author of this work was startled four years ago over the discovery of a lack of familiarity with the subject, general with the teachers of the district schools. The investigation awakened by the discovery convinced him that the fact was due to the methods of the text¬ books — that authors, with scarcely an exception, devoted their energies to the aid of advanced students, and fur¬ nished dissertations on the Federal system only. While these productions were admirable, and well adapted to the purpose had in view, they were not suited to ele-

INTRODUCTION.

mentary- work, and their introduction into primary schools was not in accord with the theories generally accepted as to the natural and rational order of studies.

Whatever may be thought of the relative importance of our obligations, as between the State and the Federal government, it is notorious that any citizen in private life has a greater number of obligations to the State than to the general government. It is true that a vast ma¬ jority of citizens have never any direct contact with the general government — our system is not constructed upon the supposition that they wall have — but all have more or less of daily contact with the State government, in some feature of its ramifications through society.

It would seem, then, that we should impart a knowl¬ edge of that which most directly and immediately con¬ cerns the citizen first, and thereby awaken in him an interest in that which no less, but in fact more remote¬ ly and indirectly, affects his daily life. If we would educate for citizenship, it is essential to our purpose that we instruct the pupil in all his political relations, obligations, and rights — State and national. Failure of efforts to teach the latter is chiefly due to a neglect of the former.

The present essay was inspired by no ambition to improve the work of able authors, but to supplement and simplify that work — to do that which has hitherto been left undone, and which is deemed very important. It is especially designed to be a text-book for Missouri schools. The responsibility of training citizens rests upon the State. She undertakes to discharge the obligation,

INTRODUCTION.

and the author has aimed to render her valuable assist¬ ance.

BRIEF REFERENCE TO THE PLAN OF THE WORK.

In the outset it was aimed to leave nothing unsaid which would strengthen the view taken of government, even at the risk of seeming merely to repeat what had already been said. In such repetition the author had a motive which he hopes will be detected by every stu¬ dent, .and he aimed to add something to the force of his argument by each.

The next step was the effort to fix clearly, and for all time, in the mind of the pupil, the reason and neces¬ sity for government — its objects, advantages, and powers — and thus lead him to entertain for it a respect that would cause an observance of its requirements, and a support of its institutions.

Following the discussion of government, law, and the citizen’s relation to them, comes just enough of United States and State history to get before the mind a satis¬ factory idea of the political and governmental relations of Missouri, whose frame-work, institutions, and author¬ ity are to be fully presented in succeeding chapters.

A leading purpose of the book is to present the frame - work of the State government simply, without theorizing or discussion as to the value, importance, or wisdom of its arrangement or provisions, and with few explanations. This is intended as an elementary work (for elementary work is precisely the one thing now needed on this subject in our schools), and hence to

INTRODUCTION.

teacli facts. To teach them effectively, it is only neces¬ sary to present them.

It will he observed that the discussion of the neces¬ sity for government, and the nature of that necessity (Chapters II and III), is argumentative rather than di¬ dactic. The reason is, that the author believes that the theory advanced, while accepted by ever}7- thoughtful man, and certainly not new, has never been presented so fully and positively in any text-book at all serviceable in the public schools ; and yet that there is a present, pressing, and grave necessity for placing government in its true light before the minds of American youth.

The year 1877 taught three lessons, full of warning. We can not be in too great haste or too diligent to forestall and prevent what they foretell. They were :

First. “ Communism ” boldly unmasked itself, and taught us, with taunts and threats, that it could find hurtful encouragement and aid on American soil.

Second. This lesson produced a dangerous dalliance with the military power, and taught us that there existed a surprising and servile reliance by many, in authority and in private station, on the soldiery to protect, when the civil authorities should have been (if there is virtue in republican government) all-powerful to crush the life out of the hydra-headed monster instantly.

Third. The most surprising and humiliating lesson taught was in the number of persons in the higher walks of life, and prominent in society, ready to apolo¬ gize for the demonstrations of mobs, and to excuse and palliate their crimes.

INTRODUCTION.

Such lessons would not have been possible, if a proper appreciation of government and a due regard for law had been as general as it should be, and as is neces¬ sary to the life of republican institutions. The author could not pass lightly over the subject. He felt com¬ pelled to insist that the only hope of the peaceful enjoy¬ ment of the dearest rights and liberties depends upon a reverential regard for law, and a vigilant, deathless defense of government.

For two reasons no apology is necessary for the ap¬ pearance of another work on civil government, nor would one be appropriate : First, the new field occupied has been wholly neglected ; second, the author knows it will be valuable to Missouri schools, and for them it has been prepared.

Contents

PAGE

Introduction .... k

Chap. I. — Government . . . . . . 17 II. — Necessity for Government . . . . .21

III. — The Nature of the Necessity for Government . . 25

IV. — The Beginning of Human Government . . .29

VI. — Limited Powers of Government . . . .33

VII. — Taxation . . . . . . 37

VIII. — A Republic . . . . . . .41

IX. — Review Questions ..... 45

XI. — The Nature of Law . . . . . 55

XII. — Method of administering Popular Government . . 60

Analysis. — How the People govern ... 64

XIII. — Suffrage . . . . . . .66

XIV. — The Relations sustained between Different Governments 1 4 .

XV. — Review Questions . . . . .81

CONTENTS.

Part II. Brief History Of The United States , And Of

STATE OF MISSOURI

Chap. I. — The Progress of One Hundred Years

II. — Discoveries and Settlements ....

III. — Character of Government in the Colonies and after Separa¬

IV. — Provisions of the National Constitution affecting the Erec¬

tion and Government of States .

V. — Missouri — Admission into the Union

VI. — Review Questions .....

Part III

Chap. I. — Introductory and General Propositions

II. — Organic Law less liable to Change than Statute Law. — Changes of the State Constitution

III. — Constitution ......

IV. — Synopsis and Review . .

V. — Review Questions ... .

VI. — State Officers ......

VII. — Territorial Divisions of the State ....

VIII. — Political Divisions of the State

IX. — Municipal and other Corporations ....

X. — School Districts . . . * .

XI. — Villages, Towns, and Cities ....

XII. — Counties ......

XIII. — Miscellany .......

XIV. — Review Questions .....

THE

page

CONTENTS.

Part IV

PROGRESS OF THE UNITED STATES FROM THE CONDITION OF COLONIES TO THAT OF AN INDEPENDENT GOVERN¬

PAGE

Chap. I. — Declaration of Rights ..... 329

Analysis of the Declaration of Rights . . 333

II. — Declaration of Independence .... 339

Analysis of the Declaration of Independence . 343

III. — Articles of Confederation ..... 346

Analysis of the Articles of Confederation and the Con¬ stitution of the United States

IY. — Constitution of the United States .

Amendments to the Constitution

Y. — Review Questions

Part I. Government And Law

Chap. I. — Government.

II. — Necessity for Government.

III. — Nature of that Necessity.

IV. — Beginning- of Human Governments.

V. — Analysis of Preceding Chapters.

VI. — Limited Powers of Government.

VII. — Taxation.

VIII. — A Republic.

IX. — Review Questions.

X. — Law.

XI. — The Nature of Law.

XII. — Method of administering Popular Government.

XIII. — Suffrage.

XIV. — The Relations sustained between Different Gov¬

ernments.

XV. — Review Questions.

Chapter I. Go Vernment

1. The primary or first meaning of the word “govern” is controlling force, or the exercise of sufficient power to compel obedience or submission by the weaker to the will of the stronger. When a man fastens on a wild beast chains which its strength can not break, and punishes it when it undertakes to do injury to its captor, until it be¬ comes afraid of him and is submissive, the man governs the beast. Yet this tame submission is not all we mean by the wmrd “govern.” If the beast possesses sufficient intelli¬ gence to understand commands given, or signs made to it, as many dogs do — so that it performs the acts or services required of it — it is governed, in the complete sense of the word. In other words, government in its purest sense con¬ sists in, first, failure of the subject to resist the power exer¬ cised ; and, second, compliance with the known will of the one exercising that power.

2. But power, in a physical sense, is not the only means of control. Other influences are brought to bear to direct the conduct and secure desired results.

3. A man’s disposition, or his moral nature, often directs his actions and course of life, and he is said to be governed thereby. The child is governed when its love for its par¬ ents prevents it from doing that which it knows will offend, although it has no fear of corporal punishment. The Church governs without the use of, or the power to use, physical

GOVERNMENT AND LAW.

force. A kind heart and sympathy for misfortune and sor¬ row often govern men’s daily life and make them charita¬ ble. Hence, the word “ govern ” loses somewhat of the harsher idea of force, and means, in an applied or second¬ ary sense, guidance, direction, or control.

4. Generally, to govern, is to use any influences, or power, sufficient to secure or compel certain results which the governor desires ; and government includes both the exercise of the power and its consequence — the expression of will and compliance with it — command and obedience.

5. Thus far we have been considering forces in operation — government in its activity ; but the word “ government ” is most frequently used to describe the instrument through which the forces act, or the power is exercised. It is most frequently used to signify the means or instrumentality by which the governing is done, rather than the operation and results of governing. To illustrate, when we speak of the State government, we do not mean the acts done by private citizens and officials in obedience to law ; but the organiza¬ tion by which the power to produce these acts is exer¬ cised — namely, the legislative, executive, and judicial de¬ partments of government.

6. Government, then, may be defined to be an organiza¬ tion for the exercise of authority — such as the family, the church, and the state.

7. Governments differ in character and purpose, and are named from the kind of authority exercised, or the method by which their subjects are controlled.

8. When authority is lodged in one person only, the government is a monarchy. The ruler is variously styled, as King, Emperor, Czar, etc. If the ruler’s power is su¬ preme and unlimited, his government is autocratic, and is usually styled an absolute monarchy.

9. When the power of government is exercised in the name of one person, and greater authority is lodged in the

GOVERNMENT.

executive Lead (sometimes composed of several persons) than elsewhere, the term “ limited monarchy ” is used.

10. Literally, the expression “ limited monarchy ” is in¬ correct. The word “monarchy” signifies a single ruler — one ruler only — that is, one person who is the only source of authority, or law, and consequently without restriction or limit. Such governments were common in earlier pe¬ riods, but they are few now, and are gradually and con¬ stantly giving way to popular ideas.

11. A government in which the power is exercised by privileged classes — the nobility — is called an aristocracy.

12. The three kinds of government above described be- . long to one class — that in wThich certain prerogatives, privi¬ leges, and powers (for the most part not delegated) belong to and are exercised by one person, or a few individuals.

13. Another class of government is that in which the rulers are merely the representatives of the whole people, and only exercise that power over the individual subject which has been delegated by the mass. To this second class belong democracies and republics. These forms will be explained in another chapter.

14. Sometimes a condition of society exists improperly considered a form of government, and called a “ commune,” or “ communism.” It is a state of disorder that finds con¬ genial soil in revolution, and is antagonistic to the princi¬ ples on which government is based. A literal commune, as a form of government, is an impossibility. This subject wfill be further discussed in the next chapter.

15. We have still another division of government into military and civil, and both forms are used in each of the two classes of government already described. The former derives its name from a Latin word (miles) meaning a sol¬ dier ; the latter from another Latin word (civis) meaning a citizen.

16. Military government implies absolute physical force

GOVERNMENT AND LAW.

(dormant or active), and is the power of final resort by civil government to assert its supremacy and maintain its au¬ thority. Military power is used for the subjugation of those who refuse to recognize and obey the authority of the existing civil government, where the civil authority fails.

17. Civil government is that form of authority estab¬ lished for and exercised over the citizen, in an individual or collective capacity. A citizen is one of a “ whole body of people united under one government,” who recognizes and obeys the laws of that government, and enjoys the protection it affords and the privileges it grants. Now, since in a representative government the rulers exercise only such authority as is conferred upon them, it follows that, so long as a majority acquiesce in the established forms and obey the laws, no force is needed to secure obedience by them— it is already rendered. If force is used against the majority in a representative government, the govern¬ ment itself is revolutionized and overturned, and becomes a despotism.

18. Hence it follows that in such a government the military must always be subordinate to the civil power. It is only an instrument or agency which the civil power uses when every other means fails. In the nature of the case it can not be otherwise.

19. Military power, representing force, is necessarily ar¬ bitrary and dangerous, except under absolute control of the civil ; and when the civil authority gives way to it — ceases to direct and control it, simply for its own supremacy

tyranny is established, and civil rights and liberty perish.

20. All civil governments maintain a military estab¬ lishment that is, they either maintain an organized and drilled army, or provide by law for calling one into exist¬ ence in certain emergencies, and keep the nucleus of an army.

NECESSITY FOR GOVERNMENT.

21. In all forms of government the military is used to resist foreign encroachments, and frequently for conquest. In monarchies or aristocracies, it is relied upon, and may be used, by the minority (the rulers) to control the ma¬ jority ; in a representative or free government, only by the majority, and not at its will, but under prescribed conditions. Herein is one of the chief distinguishing char¬ acteristics of the two classes of government.

22. Every treatise upon the subject of civil govern¬ ment should discuss military government also, but only as an appendage to, or resource of, government, fashioned and controlled by, and kept in entire subjection to, the civil authorities.

Chapter II. Necessity For Government

1. In the preceding chapter we have seen what govern¬ ment is, and distinguished between the different forms ex¬ isting in different countries. It was seen that the word conveyed the idea of an overruling, guiding, and control¬ ling power, which caused us to do that which wTe would not do from choice ; that it signifies compulsion. Compul¬ sion is never pleasant or agreeable. It would be a contra¬ diction in terms, and a solecism, to claim otherwise.

2. The question naturally arises, therefore, Why are we governed ? especially, Why do we participate in the estab¬ lishment of government and assist to maintain it ? Men contribute their means to sustain their government and de¬ fend it with their lives. Ho greater sacrifice by the indi¬ vidual is possible. Such sacrifices are altogether inconsist¬ ent with the idea that they are made for the purpose of subjecting the man, or those wTho are his friends and kin-

GOVERNMENT AND LAW.

dred, to that which it is unpleasant to bear. It is, perhaps, possible that a depraved and malicious nature might endure great personal affliction and loss, or even suffer death, for purposes of revenge or hate, but it is not a human trait to make sacrifices, except for some good more valuable than that which was spent to procure it ; and men do not act, as a rule, under vicious impulses.

3. Then it follows that men establish, endure, and main¬ tain government for some good to result from it greater than the sacrifices required. What is that good ?

4. It is said that man has a social disposition ; and the impression is created that, since his inclinations lead him into society, an organization of that society by rules which all must obey is necessary to the mutual enjoyment of the community and his own happiness. Hence, that govern¬ ment originates in man’s social nature, and is a convenience to his social state.

5. The objections to this view are, that it proceeds upon a false hypothesis. Government, abstractly considered, is not a social convenience, but the reverse. Restraint can not be convenience. It is an inconvenience endured for the puiq>ose of preventing greater inconvenience and suf¬ fering. It is unquestionably true that the restraints of society and of law result in social conveniences and in hap¬ piness ; but the view to which objection is made confounds effect with cause. That which produces a result is not itself the resultant.

6. Again, this view is not sufficiently exhaustive in the reason assigned for the organization of society. Man’s disposition or inclination is not alone sufficient to lead him into communities and keep him there by the organization of society. Were this the only or controlling motive, his selfishness would cause him to break away from society when he was first called upon to bear its burdens.

7. Lastly, such an impression of the causes which have

NECESSITY FOR GOVERNMENT.

led to the organization of society, the establishment of gov¬ ernment, and the maintenance of law, is, for the reason just suggested, extremely pernicious. It tends to diminish re¬ gard for law, and loosens the bands of obligation which we feel to rest under to government.

8. We may make government convenient, and a con¬ tributor to our happiness, but Nature has decreed it a ne¬ cessity , and the Lord of Nature has made it indispensable, lie has placed the human family under a law which no power on earth can repeal, alter, or amend, and whose force time can not impair. He has made the law indelible and irrefragable by writing it on the materials out of which our natures are constructed. In obedience to this changeless law of nature, we govern and are governed.

9. Let it be understood, then, that government is an uncompromising, absolute, and unending necessity while human beings people the earth ; and that any denial or abridgment of its legitimate authority, or interference with the principles upon which it is founded, is followed by a corresponding weakening of its power for protection, and to conserve man’s highest good.

10. Let communism be tested by these principles, and moral sentiment will turn away from it with loathing. The frame-work of government was erected as a city of refuge for human rights when assailed. Its laws, which are its towers and battlements, have been framed without refer¬ ence to individual preferences and whims, but with regard to common interests and the good of all the community. Its exact location must be fixed, its dimensions ample and invariable, and its strength that of an impregnable fortress. If it fail to fulfill all these conditions, it is useless.

11. The existence of law presupposes the fixing of limits for the conduct of the governed — presupposes the granting of privileges common to all, and protection in their enjoy¬ ment — presupposes the withholding of license to act as the

GOVERNMENT AND LAW.

individual might choose, without regard to another’s rights and privileges.

12. Under all governments some persons will utilize the privileges granted to their own profit ; others will neglect to do so, and will waste their opportunities as the imbecile or profligate squanders his patrimony. The first will accu¬ mulate property, and the second almost invariably covets it. Now let the law under which the property accumulated be waived to accommodate the individual who covets ; under what circumstances shall it not be waived ? If for one, why not for all? If once, why not at every other time when it interferes with the gratification of personal desires ? Thus there would be no restraint, the edicts and guarantees of pretended government would become absolute nullities, and society would resolve itself into that state of barbarism in which brute force is the only arbiter in dis¬ putes and differences of desire or interests.

13. Such would be the inevitable effect of communism. It is a noxious and deadly exhalation from the groveling depths of human ignorance, selfishness, and depravity. It would subvert law and order, destroy peace and prosperity, banish justice and liberty, and extinguish the thought of personal safety. It would lead to social anarchy, and is a heinous social crime.

14. The nearest approach to a successful commune, and one least attended with its evil consequences, has been a religious society ; but time has proved the impossibility of its existence as a commune. The most complete exemplifi¬ cation of its ruinous and blighting effects is seen in the debauchery and terrible crimes of the miscreants of French revolution.

15. Following this conclusion is the natural desire to understand as much as possible of that from which we can not escape or absolve ourselves. If we are to assist in framing government, and must contribute to its support,

THE NATURE OF THE NECESSITY FOR GOVERNMENT. 25 we should familiarize ourselves with its aims, so that we may determine the best means to adopt for the promotion of its objects.

Chapter III. The Nature Of The Necessity For Government

1. In pursuing the investigation suggested in the fore¬ going chapter, we wish to determine the precise nature of the necessity for government.

2. If men prefer a social state and choose to live in communities, fixed rules are necessary to govern their con¬ duct and intercourse. Without them the contact of dif¬ ferent dispositions, the indulgence of diverse desires and totally different habits, would result in irregularities of con¬ duct, clashing of individual interests, and confusion, wholly subversive of the objects of society. But, if we assume that men can live out of society (and we must so assume if it be admitted that the sole or chief object of the com¬ munity is social gratification), government is not a necessity. Man could withdraw from society at pleasure. When the restraint of rules counterbalanced the pleasure derived from entire freedom of action, he would naturally withdraw from the restraint.

3. The possession of property and the power to dispose of it is necessary to man’s comfort, and he possesses a right to it. But ownership in it can not be maintained against the rapacity of his fellow-man, without the aid and pro¬ tection of organized society. Government, therefore, is a necessity to this end.

4. The necessity for government extends even further than this. It is established for the protection of man’s life. He could not exist without it. It is impossible for any

GOVERNMENT AND LAW.

government to secure certain protection of property or of life against human violence to its members or subjects. Thefts, assassinations, and murders are frequent in the most carefully organized and guarded society, and before the eyes of the best-regulated government. History has demonstrated that human wisdom and man’s ingenuity are incapable of devising a form of government which will en¬ tirely protect against these dangers, and we are left to infer what would be the terrible consequences if the power of government were withdrawn and its restraints removed ; if the individual were isolated, and left to his own resources alone for protection.

5. We conclude, therefore, in brief, that the existence and maintenance of government is an absolute necessity : first, to the security of human life ; second, to the protec¬ tion of property rights ; and, third, as a consequence, to man’s well-being and happiness.

6. Were this fact generally recognized and fully appre¬ ciated, it would induce a great reverence for law, be fol¬ lowed by less of a disposition in the community to escape from the burdens of government, and cause us to submit more cheerfully to its exactions. Daily contact with so¬ ciety justifies the belief that few men appreciate the full extent of their obligations to government. In their man¬ ner and speech they seem to assume that, for every service rendered, the government owes them a debt of gratitude, and that every exaction to which they submit is a needless oppression ; whereas every article of property possessed, and every right enjoyed, is held and exercised only by vir¬ tue of the existence of that government, and would be valueless without it.

7. Again, if men, recognizing their obligations, dis¬ charged them promptly and fully, the exactions of govern¬ ment would necessarily decrease, and its burdens become less.

THE NATURE OF THE NECESSITY FOR GOVERNMENT. 27

8. In denying that man’s love of intercourse is sufficient to draw him into society and to keep him there under the restraint of rules or law, it is not denied that he has a social nature. Indeed, that nature is a valuable adjunct to soci¬ ety in the enforcement of its laws. On the other hand, he is so endowed by nature that his presence in and contact with society cultivates, ennobles, and greatly increases that social disposition. So well marked and strong does it be¬ come, and so well does he guard it by rigid rules of deco¬ rum, that men mistake it for the governing passion, and assign it as a reason for the existence of government. But this is a conclusion without legitimate premises.