The American federal state; a text-book in civics for high schools and academies

Preface

This Civics text-book is intended not only to describe the organization and work of tlie different American governments, but to make prominent the relation of the citizens to the governments and to each other. It has been thought that this could be done best by considering the subject from the standpoint of the State : that is, of the whole body of citizens considered as an organized unit rather than from the point of view of government or of the individual citizen. This made it necessary, first, to explain some of the more important principles of political science with practical applications ; second, to show how the American Federal State became what it is; third, to describe the national, state (commonwealth), and local governments; and, fourth, to give some idea of the policies of the State in regard to great public questions and of the problems that confront it.

In the historical portions of the book no attempt has been made to touch upon more than the sahent events, each of which is considered not so much for any intrinsic worth as for the hght that it may throw upon the development of nationality within the United States. For details and for subjects omitted altogether, the reader must be referred to the many excellent manuals of American History. The discussions upon government assume, that the student needs a clear conception of the real character and actual working of our governments much more than he does a knowledge of the government as it is supposed to be. Technical descriptions of governmental machinery have, therefore, been subordinated to practical accounts of what the governments do and how they do it ; and, for the vi Prtfaet

siuno toason. thf methods of administration have been given U\ss s|\\rf (li.in t]\e purposes which administrative measures li.ivo svnigtM to .itt.iin. Where rccogni.-od tlofoots exist which can iuui o\ii;l\t lo bo u-nu\lu\l thu>ni;h .m .iw.ikoned piiMvc interest, the authv^ has not hesitated to call attention to them, noting the natnu' of the tlaw, and mentioning ways in which it may he removed.

Although no utVu-n^cs h.i\ e Iven given in the form of fi.xUnotes, the .lutlun iIcmk-s to expu-ss his obligation to a long list of writei^. to who\n lu- is uulcbtcd tvH suggestions or material. Kor the comments upon ditVeient Ivoks placed imder ** general irferences " at the beginning of each chapter, he assumes sole n*siHM\sibility ; the comments, however, are to be taket\, not as iuvlicating his estimate of the value of the bov>ks. but as showing tl\e nset'ulness of the selections \\\ connection >\ith the succeeding ch.ipter.

Tlu' authors tlianks ate especially due to Pr. Robert H. Whitten, of the New VvMk State Library, and to Mr. l^vut O. Kinnev. Head of the lli>toiv Peiv\rtmei\t of the Ix>s Angeles High School, tbv leading pottions of the manuscript or inxH>t.

SUGGESTIONS

MATERIALS

As this manual covers so much more ground than the Chapters deconventional civics text-book, and in consequence contains *!^";'* "^' more material than some teachers desire or are able to use, government, many may prefer to confine themselves as far as possible to the chapters devoted especially to government. To such teachers, and those who, because the time allotted to Civics is less than one year, must omit parts of the book, the author would suggest that chapters 1 to V inclusive be followed directly by Part II and chapters XXII and XXIII. It may also be ailvisable for a few teachers to omit tlie more difficult sections within these chapters, although the value of general or theoretical discussions before classes take up the study of a subject in detail is not to be lightly estimated if time is not too limited or the pupils too immature.

The use of materials for work outside of the text-book Compurative

has fortunately become much more general than a few years *^**'^<^"y of

t • • . I • . . • 1 1 miUerinU in

smce ; but it is probably true that there has been less prog- civics.

ress in this particular in civics than in American history. Less attention has been paid to collecting documents and sources which would tlirow light upon .American government to-day than has been devoted to placing in compact form a few of the most useful original sources of history. There are, nevertheless, a great many papers and pamphlets obtained at slight cost which alTord ample opportunities to study certain phases of the organization or work of government at first hand. The books ilevoted to a study of political anil civil institutions are by no means so numerous

Vlll

Stf£-j^i'sfions

Constitutions, codes, ami chartoi's.

Registers of ofticials.

Statistical reports.

as the political, constitutional, and narrative histories of the United States, but a few are of exceptional merit, and a valuable civics library can tlierefore be obtained for a moderate sum.

ICvery chiss should be provided with several copies of the state constitution, and if possible every member should have one in his possession for constant reference. Most of the states publish in pamphlet form copies of the constitution, which can be obtained for class room use ^•rafis or at a reasonable cost. At least one copy of the state political code which gives an extended account of the state and local governments should be easily accessible, provided of course the laws of the state have been codified. If the class belongs to a city high school, it will be desirable to have for individual and class use a number of copies of the city charter.

The Otlicial Congressional Directory, issued yearly under the direction of the clerk of the printing records, will be sent upon ap]^lioation. and is particularly usetul for the brief biographies of members of Congress and the summaries of the duties performed by the difterent bureaus of the executive departments. Registers of state officials with information relative to public institutions are issued in a majority of the states, and can usually be obtained through the representatives of the senatorial or assembly district. Reports of national or state bureaus and commissions are usually published annually, and may be oi' use in the study of some special subject.

Statistical information of value can be procured from the jMoper otVicials. For example, reports of the state controller, of the county clerk or auditor, of the city auditor or treasurer, are published at frequent intervals and give information regarding the assessment of property, the tax rate, receipts and expenditures summarized and in detail. Several copies of each can probably be obtained without difficulty. Comparative tables showing the financial statistics of the ditTeient states tor iSoo. 1S05, '^'^^^ 1900 are pub-

Suggestions xf-

lished by the New York State Library for ten cents a number. Similar statistics for the largest cities are gathered by the United States Department of Labor and incorporated in their bulletins, e.g. that for September, 1900. Information concerning the finances of the national government, the amount of trade, election figures, besides reviews of legislation for the previous year, party platforms, lists of national officials past and present, and a multitude of other subjects are contained in the political almanacs issued yearly for twenty-five cents a number by different newspapers. A copy of at least one for the current year is indispensable.

Class-room work can be made to seem more real by Sample bal-

placing in the hands of each pupil papers in whose use he '°'* '^"^ , .... . assessors'

IS likely to be especially interested. It is easy to get from "statements."

the city or county clerk samples of unused but cancelled ballots for some previous election. The tax assessors are almost always more than willing to furnish teachers with a suitable number of the " statements " which assessable citizens are obliged to fill out and return each year, while blanks upon which the collectors make out their receipts are readily furnished by those officials. Blank indentures, mortgages, warrants, and other legal papers are obtainable at the book stores or from lawyers at but slight expense.

If the pupils have access to a fairly large library, a great References deal of material will be found not only in the books which ^° materials. are named later, but in other books and in periodicals. Pupils should be given instruction in using periodical indexes and such bibliographies as may be obtainable. Most of the latter, however, like Mace's Manual of American History, the bibliographical notes in Winsor's Narrative and Critical History of America and in Channing and Hart's invaluable Guide to the Study of American History are historical and only indirectly touch upon government, the bibliography of which has been neglected. For the study of topics in particular books, the attention of the pupils should be constantly recalled to all time-saving de-

X Suggestions

vices, such as the use of the table of contents and of the

indexes.

Essentials In addition to this material which costs little, or of which

for a school jj j^as Only the use, every class should have at least a small library. , . , , ,

library to which it has access during study and recitation

hours. Even when a large public Ubrary is within reach, one for a school is essential. As the number of the books is less important than their character, it will probably be "X^ found more satisfactory to secure several copies of the best

books than to have the same number of volumes with no duplicates whatever. If possible, every pupil should have a copy of some good high school American history, not necessarily by the same author, in fact preferably by different ones. As many members of the class as can should also have individual copies of the abridged edition of Bryce's American Commonwealth, or, in Heu of this, the library should contain one copy for every four or five pupils. This is the one book indispensable for reference when studying the nature of our governments.

The following libraries are suggested for class use, the first one being intended only for small schools with limited library funds.

A SMALL LIBRARY

Channing, ^ Student's History of the United States. Macmillan. $\.^o. Bryce, The American Commonwealth, abridged edition. Macmillan.

;5Si.75. With topics and questions by Clark in Outlines of Civics.

75 cents.

Hinsdale, The American Government. Werner. J^l.25. Wilson, The State. Heath. ;?2.oo.

A FAIR SIZED LIBRARY

The books given above and the following : —

Macy, The English Constitution. Macmillan. i^2.oo.

MkCK, Method in History. Ginn. ;?l.oo.

Johnston, American Politics. Holt. 80 cents.

Hart (ed.), Epochs of American History, including ThwAITES, The

Colonies ; Hart, Formation of the Union; Wilson, Division

and Reunion. Longmans. ^^1.25 each.

Suggestions xi

FiSKE, Critical Period of American History. Houghton. $2.00.

Walker, Making of the Nation. Scribners. ^1.25.

'QvviGE.ss, The Middle Period. Scribners. $i.TS-

Macdonald, Select Documents Illustrative of American History,

The Federalist. Several editions from ^1.50 to IS2.25. Cleveland, Growth of Democracy. Quadrangle Press. $2.00. SCHOULER, Constitutional Studies. Dodd. ^1.50. CooLEY, Principles of Constitutional Law. Little. $2.50. KARRisoii, This Country of Ours. Scribners. ^1.25. Oberholtzer, The Referendum in America. Scribners. $2.00. Wilcox, A Study of City Government. Macmillan. $1.50. Whitten, Trend of Legislation in the United States. New York State

Library. 10 cents.

Dallinger, Nomination for Elective Office. Longmans. %2.00. Plehn, Public Finance. Macmillan. ^1.60.

White, Money and Banking. Ginn. $2.<x>.

Several volumes that have been announced should be added as soon as they are published. Among them are : —

Burgess, Civil War and Reconstruction. Scribners.

Hart,- Government under American Conditions. Longmans.

Dewey, Financial History of the United States. Longmans.

Moore, American Foreign Policy. Longmans.

Morse, History of Political Parties in the United States. Longmans.

All of these last four in American Citizen's Series.

A LARGE SCHOOL LIBRARY

The books given above and the following : —

Lalor (ed.), Cyclopedia of Political Science. 3 volumes. Maynard $15.00.

Bluntschli, Theory of the State. Macmillan. ;^3.50.

Medley, English Constitutional History. Macmillan. $3.25.

Macdonald, Documents. (1606-1775.) Macmillan. $2.25.

Madison, Journal of the Constitutional Convention. Albert, Scott. $2.50.

Meigs, Growth of the Constitution. Lippincott. $2.50.

Curtis, Constitutional History of the United States. 2 volumes. Harpers. $6.00.

Thorpe, Constitutional History of the American People. 2 volumes. Harpers. J^S.oo.

xii Snggestions

Dunning, Civil War and Reconstruction. Macmillan. S2.00. Stanwood, History of the Presidency. Houghton. ;^2.5o. Wright, Industrial Evolution of the United States. Flood. ;^i.oo. BOUTWELL, Constitution at the End of First Century. Ginn. ^2.50. Burgess, Political Science and Comparative Constitutional Law.

2 volumes. Ginn. ^5.00.

Lamphere, United States Government. Lippincott. Wilson, Congressional Government. Houghton. ^1.25. McCoNACHlE, Congressional Cofnmittees. Crowell. $l.TS' Cooley, Constitutional Limitations. Callaghan. ^6.00. Howard, Local Constitutional History. Johns Hopkins. ^3.00. Maltbie, Municipal Functions. New York Reform Club. 50 cento. Goon^O-w, Municipal Problems. Macmillan. $l.$o. Remsen, Primary Elections. Putnam. 75 cents. Boone, Education in the United States. Appleton. ^^1.50. Wines and Koren, The Liquor Problem. Houghton. $\.<p. Warner, American Charities. Crowell. $1.75. Adams, The Science of Finance. Holt. $3.50. Laughlin, Bimetallism in the United States. Appleton. $2.25. Hadley, Railroad Transportation. Putnam. ^1.50. Jenks, The Trust Problem. Dovibleday. ^I.oo. Stimson, Labor in its Relation to Law. Scribners. 75 cents. Foster, A Century of American Diplomacy. Houghton. ^^3.50. iKViSlG, Tariff History of the United States. Putnam. $1.2^.

METHODS

The value of The few suggestions that are given in the following paramdirect graphs deal almost exclusively with work outside of and in

review. a ir j

connection with the text-book. The extent to which the book itself is used for regular recitations must depend upon the methods adopted by each teacher as likely to be most satisfactory, but practically all of the latest reports upon the subject by those high in authority favor systematic text-book work as the only means of giving the pupil a clear and definite knowledge of important facts. Too much emphasis cannot be placed upon the prime necessity of accurate information on these topics before the students are set adrift among a multitude of references, and attention cannot too frequently be recalled to the need of constantly

Suggestions xiii

reviewing subjects already studied whenever these earlier subjects are at all closely connected with the one that is being studied. I do not mean that these reviews should be previously assigned, but merely that the pupil should always be held responsible for anything important that he has gone over, and that every opportunity should be taken not only of showing the relation of the past work to the present, but also of giving the pupil a firmer and more real grasp of topics that may slip from him if not mentioned at all for a considerable period after they are first studied.

With regard to the outside work first, then do not touch The use it until the subject as presented in the text-book has been °^ ^'^^ .

susTS'estive

considered in regular recitation and even in a review which and thought emphasizes the significant facts and principles only. This questions. may be followed by a discussion of some of the questions appended to each chapter. It is not intended that any pupil shall study more than a small percentage of the suggestive questions (those under heads i, 2, 3, etc.), nor that any class shall consider a majority of them. Very few of these can be properly treated without some investigation on the part of the pupil, and a class must beware of attempting to do too much. If a few of the most interesting are assigned to certain members of the class for report the next day, each question being given to at least two pupils, time can easily be found for the reports with, in many cases, brief discussion. Where the question calls for investigation in one or more reference books, the pupil should always be required to make a note of the facts and opinions discovered and the authority by whom they were given. But he should not confine himself to these notes in making his statement to the class.

A large proportion of the present day questions in Parts Use of the

II and III (those under heads i, ii, iii, etc.) can be an- pr^^^P* ^^y

, . > I > / questions,

swered m most classes by assignmg the sets to different

pupils, each pupil having at least one set upon which he is held responsible. The practical nature of the subjects considered, and the comparative ease with which most of the short papers.

xiv Suggestions

answers may be found, will undoubtedly quicken and maintain the interest of the pupils better than may be possible with the thought (luestions.

Collateral Additional outside work which should be undertaken to

reudinjf ;ind vj^mg extent in every class is of three kinds : ( i ) general

short □ani>r<. ^ \ / o

collateral reading ; (2) short papers upon topics of a limited scope ; and (3) longer papers requiring considerable preparation. For the collateral reading the marginal references will furnish abundant material unless the teacher desires longer accounts than those mentioned. These marginal references will also frequently serve as an aid in answering some of the tliought (piestions, and may be made the basis of the short pai)ers or class talks which constitute the second kind of outside work. In the jireparation of these papers the [)upils should never be permitted to confine themselves to a single book imless it is unavoidable, but care should be taken that they use several and use them properly. Unless the pupils are accustomed to work of this kind, however, they should be introduced to it gradually. The first paper can be based upon two comparatively simple narratives, the pupil not being expected to give authorities for any of his statements. The second one might well deal with a more difticult topic, but still with no attempt to give specific references. But for all subsequent studies of this nature where the results of his investigation are embodied in an essay, or even when they are given orally as a report to the class, he should be asked to take and preserve notes upon what he has read, which should give not only statements, but references to the book and the page. These references should be repeated in his writing, that is, he should be asked to give author, book, and page reference for any important fact mentioned by only one authority he consulted, or for any fact about which the statements maile by the various historians disagreed. Longer A report or a short paper may be required every week or

two, but there sliould be no attempt to have in one year more than two of the longer essays, which employ much the theses.

Suggestions xv

same methods with the expectation of going quite deeply into some subject. Moreover, the pupil should not be called upon for any short papers or for many reports while the longer one is being prepared. The accounts to which the pupil may be referred should be both longer and more numerous than those previously used. Some of the sets of references given at the end of each chapter may serve the purpose ; or, if library facilities are limited or other subjects are preferred, the teacher may ask the pupil to select a list of references upon some topic which is to be carefully revised by the teacher before real work is begun. So far as possible, the pupils should make a provisional outline or topical analysis to be used as a framework for the essay, and after the paper is completed this should be altered so that it correctly represents the topics treated. This topical analysis, after submission to the teacher, is to be placed upon the board before the paper is read, or, if it can be done, mimeograph copies should be placed in the hands of every pupil. In these papers as in the shorter ones, the authorities with book and page should be given whenever necessary ; but the extent to which the other pupils should be compelled to take notes upon these papers and reports must be dictated by the time and other limitations upon the class.

The real purpose of the work described in the two pre- intensive ceding paragraphs is the training of the individual pupil in ^'"^-^^ ^ the use of references and in collecting the results of his periods in research ; its value to the class as a whole is purely inci- ^^'• dental. But this is only partially true of the study connected with the questions at the end of each chapter, and still less the case with oral reports from marginal references which supplement the text upon some point of more than usual interest. In the following suggestions for intensive study in the class room, it is believed the class as a whole can be given substantial assistance by showing them how to compare different accounts, to reconcile, if may be, conflicting statements, and to determine what amount of truth xvi Suggestions

or error lies in each. A good period for study is that immediately preceding the Revolutionary War, covering the fifteen years from 1760 to 1775. Upon this there are a number of excellent accounts of moderate length, representing several different points of view, e.g. Hart's Formation of tJie Union, Sloane's French War and Revolution, Channing's Student's History and the United States, 1765- 1865, Lodge's Colonies, Fiskt's American Revolution, Vol. I, Lecky's American Revolution, Green's Short History of the English People, Gardner's History of England, etc. If a dozen or more copies of these different books can be obtained and each pupil held responsible for the book assigned him (an outline being used to denote what topics will be considered), he will be obliged to find out what his book says on each topic and to discard what it says on others not taken up. With the facts and opinions from these books before it, the class will then have an opportunity to note down and later compare these accounts. Constant watchfulness will be necessary to see that the study does not degenerate into a mere comparison of differences for the sake of finding what differences there are, rather than for the purpose of ascertaining the truth about the topic under discussion.

Use of tables It is frequently found that the best idea of a subject is and outlines, gained by placing it in the form of a table or outline. When the data belong to several sources that are contemporaneous, the table may be used to make a comparative analysis; when they follow each other in historical sequence, an outline will be necessary. Both can be used to simpHfy the work either of the class or of individuals, and the gain in a better grasp of the subject and in convenience for review will usually more than repay the time spent on the analysis. The danger comes from placing too great dependence upon the method, particularly with the outline. The relation existing between one event and another may not be indicated, and the analysis may be nothing more than a comaim.

Suggestions xvii

bination of unimportant facts, while the one important truth is missed.

In conclusion it may be well to urge that the methods Mental trainadopted in the recitation and in outside study should have "'^' ''''"'^''

.... . . than acquisi-

as their prmcipal ami the traming of the mind and not the tion of inforacquiring of information. More than anything else must •"•'''•>" "i"^ the pupil be taught to discriminate between what is important and what is unimportant, discarding what is of no value and making an effort to retain the few things worth while. It is well not to forget that in history and civics facts are absolutely essential for any training that is worthy of the name, and that an accurate knowledge of focts is a help of the highest value without which reasoning is useless and judgment little better than prejudice. Fads should, therefore, not be despised nor neglected, nor should the importance of memorizing them for temporary or permanent use be minimized, but not even those that deal with the things of to-day should be made an end in themselves, but a means to acquire that knowledge of the trend of events and of the nature of our civil governments which shall enable us to see things as they are and do what is best for our country's good.

All of these suggestions have been tested by the author with classes varying in size from five to thirty, and he believes that the results have been satisfactory.

ABBREVIATIONS

COMMONLY USED IN REFERENCES

A. A. A Annals of the American Academy of Political

and Social Science.

A. H. A Reports of the American Historical Association,

At, Mo Atlantic Monthly.

Bryce Bryce, The American Commonwealth, abridged

edition.

Channing .... Channing, Students' History of the United States.

Harper's Harper's Monthly Afagazine.

Hinsdale Hinsdale, The American Government.

J. H. U. S. . . . . Johns Hopkins University Series in Historical and Political Science.

Lalor Lalor (ed.) , Cyclopedia of Political Science.

P. S. Q Political Science Quarterly.

N. A. R North American Review.

Story, Commentaries . Story, Commentaries on the Constitution.

Amer American.

Cong Congressional.

Const Constitution.

const'l constitutional.

econ economy or economic.

Eng English.

hist historical or history.

jol journal.

pol political.

R. Review.

Soc Sociology.

Unless otherwise indicated, all reference are to pages, and to the last edition published before 1901.

six

CHAPTER I Development of political societies

The State :

(1) The State and the nation,

a. Definitions of the State .

b. The nation .....

(2) Theories concerning the origin and nature of the State

a. Theory of divine right ....

b. Contract theory

c. Natural or historical theory .

(3) Natural theory and social duties

(4) The kinds of States

(5) Historical forms of States,

a. General .......

b. Federal States and Confederacies .

c. The Federal State .....

(6) Characteristics of modern States .

Sovereignty and constitutions :

(i) Character of sovereignty ....

(2) Disputes concerning the nature of sovereignty

(3) Written and unwritten constitutions,

a. Distinction between

b. Advantages of a written constitution Government :

(i) Development of government .

(2) Government and the State

(3) Qassification of government as,

a. Monarchical or . . .

b. Democratic . . ' .

c. Centralized or dual

d. Presidential or parliamentary

14 IS

16 17

18 19

20 21 22 23 xxii Topical Analysis

(4) The departments of government, section

a. Legislative 24

b. Executive 25

c. Judicial 26

4. Sphere of State activity :

(i) Theories concerning 27

(2) Proper functions of government 28

a. Constituent.

b. " Ministrant."

(3) Limits of State interference 29

5. Law, Liberty, Equality :

( 1 ) Growth of law 30

(2) The relation of law to liberty 31

(3) The kinds of law . . . . . . . .32

(4) The kinds of liberty 35

(5) The kinds of equality 34

6. Processes in political growth :

(i) Society and its institutions 35

(2) Nature of revolution and evolution . . . .36

(3) Some lessons of history,

a. Slavery . , yj

b. Mortality of States 38

c. Tendencies of modern development • • • 39

Chapter II

England before 1600: (i) Liberty and government in Saxon England ... 40

(2) Essential factors in English constitutional development 41

(3) The Norman rule : general characteristics ... 42

(4) Contest between the Crown and the nobility,

a. Thirteenth century 43

b. Fourteenth to sixteenth centuries .... 44 England at the close of the Tudor period :

(1) Central government . 45

(2) Local governments . . . . . . .46

(3) The " rights of Englishmen " 47

Topical Analysis xxiii

Constitutional development since 1600: sbction

(1) The revolutions of the seventeenth century ... 48

(2) The cabinet system 49

(3) The constitution made democratic .... 50

CHAPTER III Introductory

(i) The planting of colonies 5 1

(2) Influences affecting colonies 52

(3) Lines of political development 53

(4) The charter of 1606 54

The Southern colonies :

(i) General character of political and social conditions . 55

(2) The first Virginia Assembly ...... 56

(3) The people and the colonial government • • • 57

(4) Local government .58

New England :

(1) General character of political and social conditions . 59

(2) Early constitutional development in Massachusetts . 60

(3) The Connecticut constitution (1639) .... 61

(4) The town meeting 62

Middle colonies :

(i) New York 63

(2) Pennsylvania 64

Colonial government:

(2) The charter as a colonial constitution .... 66

(3) The governor 67

(4) The legislature,

a. Organization and method of legislation . . 68

b. Development of a bicameral system ... 69

c. Growth of the power of the Assembly ... 70

(5) England and the colonies,

a. Relation of the colonies to the King . . . 71

b. Parliament and the colonies . . . . • 7* Liberty :

(i) Political freedom '73

(2) Economic freedom '74

(3) Social and other inequalities among whites ... 75

(4) Slavery 76 xxiv Topical Analysis

7. Union: section

(i) Union before 1750: New England Confederation . . 77

(2) Albany plan of union 78

Comparison of English and American constitutional development 79

Chapter IV

1. Introduction :

(i) Character of the Revolution 80

(2) Effects of the Revolution 81

(3) The situation in 1760 82

2. The beginnings of revolution :

(1) The conflict precipitated,

a. New colonial policy of England .... 83

b. The Stamp Act 84

c. The Tovvnshend acts 85

(2) The organization of opposition,

a. Intercolonial committees of correspondence . . 86

b. The first Continental Congress .... 87

{a) The Congress called. {p) Its work and influence.

c. The second Continental Congress .... 88

(a) Powers. (Ji) Authority.

3. Union and independence during the war:

(i) Declaration of Independence,

a. History

b. Character

c. Influence ..... (2) The first state constitutions,

a. Formation and significance ,

b. Characteristics ....

4. The Confederation :