The government of the United States

Preface

In the preparation of this text-book for public schools, the author has aimed to present, as clearly and concisely as possible, the influences and conditions that rendered our present Constitution a necessity, and to describe, as fully as the limited character of a text-book of this kind will permit, the powers and limitations of our form of government. After briefly referring to the principles of government, the relations of the early colonies to the mother country and to each other are described, and the causes which led to occasional leagues for defence, and afterwards to a union of all the colonies in the War of Independence. The defects of the Confederation are pointed out, and the causes which necessitated a firmer union of the States, together Avith the difficulties encountered in forming a Constitution that would be acceptable to the several States. The adoption of the Constitution naturally follows. The provisions of the Constitution are then commented upon, the subject being compressed into as narrow limits as its importance will permit.

No effort is made to describe the State governments. The States differ so much in the number vi PREFACE.

and duties of their officers, in their laws, and in the management of their civil affairs, that it is impossible, in a few pages as a supplement to an elementary work on the national government, to describe satisfactorily the peculiarities of the local State governments. The federal Constitution is a subject so ample in its scope and so suggestive in its provisions that it is almost a presumption to attempt to treat it as it merits, within the allotted space of a single text-book.

In compiling material for this work, the author is especially indebted to Cooley's " Principles of Constitutional Law," Story's " Commentaries on the Constitution," Curtis's "History of the Constitution," Yon Hoist's " Constitutional Law of the United States," and Pomeroy's " Constitutional Law." For valuable suggestions, the author is greatly indebted to Professor Kichard Hudson, Professor of History in the University of Michigan. Other authorities have been made use of, reference being freely made to such throughout the work. The references to numerous authors and the quotations from the best authorities will suggest a means of more extensive reading and research to those desiring additional information.

W. J. Cocker.

Adrian, Mich., December, 1888.

Contents

CHAPTER PAGE

PRINCIPLES OF GOVERNMENT.

I. On Government 3

Chapter I. On Government

Government Defined. — The word government is derived from a Latin word {giibernare) meaning to steer, direct, control, and is usually defined as control. Mere control, however, does not constitute government. Something more is needful. Government is, more properly, control exercised with a view to the maintenance of order. In a political sense, government is the ruling power in a political society.

Civil Government. — When we speak of school government, we mean the control exercised by the teacher over the scholars. Church government is the control which the church exercises over its members. Civil government is the control exercised by the state over its citizens. So all government, whether relating to the school, the church, the family, or the state, includes the idea of a controlling and regulating power.

Necessity of Government. — It is impossible for any number of persons to dwell peaceably together for any length of time, without adopting certain regulations for their mutual guidance. If each member of a community were at liberty to act without any reference whatever to the rights or interests of others, lawlessness and anarchy would reign supreme. Self-interest, the tendency of the strong to tyrannize over the weak, the violence and injustice which at times prevail, render it necessary that there should be some power strong enough to administer justice, and to promote the happiness and welfare of all.

1. " No society can exist a week, no, not even an hour, without a government." — Guizot, " History of Civilization," vol. i., p. 108.

2. " Men knew that strifes and troubles would be endless except they gave their common consent, all to be ordered by some whom they should agree upon." — Hooker's " Works,' r vol. i., p. 187.

Forms of Government. — All the various forms of government may be reduced to three classes :

1. The monarchical, or government by one

person ;

2. The aristocratic, or government by a few

privileged persons ;

3. The democratic, or government by all.

It is not to be supposed that each government is a pure and simple monarchy or aristocracy or democracy, the three forms being frequently found together ; but, in a general sense, every form of government may be arranged under one of these three divisions, according to its predominating feature. It may, however, be more convenient to divide governments into six classes : patriarchal, theocratic, monarchical, aristocratic, democratic, and republican.

Patriarchal Government. — This is the earliest form of government of which we have any record. It had its origin in the natural right of the parent to govern his children. The term patriarch was applied in early times to the father and ruler of a family. The word family is used not only in a restricted sense applying to one's household, but also in a more extended sense applying to the descendants from a common progenitor. In a patriarchal government, the eldest male parent was the absolute ruler of the family, having the power of life and death over his children. Their flocks and herds were his flocks and herds, and their houses and persons were as unqualifiedly his as his slaves were his. Abraham, Isaac, and Jacob were patriarchal rulers.

1. " Tbey have neither assemblies for consultation nor laws, but every one exercises jurisdiction over his wives and his children, and they pay no regard to one another/' — Horner, " The Odyssey. 11

2. u Communities began to exist wherever a family held together, instead of separating at the death of its patriarchal chieftain."— Bagehot, "Physics and Politics/' p. 82,

Theocratic Government. — As the derivation of the word implies, a theocratic government is the government of a nation by God. The Supreme Being is regarded as the sole ruler, and the divine commands are received as the laws of the realm. The priests are the interpreters of the divine will, and act as the representatives of the invisible ruler. The government of the Hebrews, as established by Moses, is an example of a theocratic government.

Monarchical Government. — Monarchy means single power, the government of a single person. In a monarchical government, the controlling power is in the hands of one person, who is the sole ruler of the people. In the earliest stages of society, kingly government, free from all control, supplied the only approach to any settled rule or order. It is only when an adequate amount of intelligence and knowledge are possessed by a people that free institutions are possible. Monarchies are either absolute or limited, elective or hereditary.

" Originally, the difficulty of obeying the wills of many different persons possessing authority, and not agreed as to the method of administration, led, in all probability, to the establishment of a monarchy." — Doran, "Encyclopaedia Britannica," vol. xv. p. 411.

Absolute or Limited Monarchy. — An absolute monarchy is one in which the ruler has absolute control over his subjects. His will is the law of the land, and there are no constitutional limits to his powers. 'No department of government acts as a check on the exercise on his part of supreme authority. He makes laws for the government of his subjects, sees that his edicts are carried into execution, punishes any infringements of his authority, and is the sole judge of his own acts. It must not, however, be supposed that there are no checks to the caprice and lawlessness of absolute governments. In every state there are certain forces and influences that a despot cannot ignore. Even a tyrant cannot with safety to himself disregard established customs, attack with impunity cherished institutions, violently oppose the religious sentiments of a nation, or disregard entirely the rights of his subjects. The fear of revolution or of personal violence is a wholesome check to the lawlessness of despotic rulers. A limited monarchy is one in which the power of the monarch is limited by constitutional provisions, and held in check by other departments of government. In other words, the whole power of government is not vested in the chief executive, but certain portions are committed to specified departments, which mutually act as a check upon each other. China is an example of an absolute, and England of a limited, monarchy.

Elective or Hereditary Monarchy. — It is probable that most of the early kings were elected, and that their power was not transmitted to the members of their own family. Owing, however, to the natural desire of a ruler to secure the succession to his own family, and to perpetuate the family name, the hereditary principle was established, and certain families, for long periods of time, have had undisputed possession of kingly power.

Aristocratic Government. — An aristocratic government has already been defined as a government by a few privileged persons. The word aristocracy means etymologically the government of the best, the noblest. A few families, distinguished by birth and Gulture, and possessed of considerable wealth, together share the sovereignty and control the affairs of state. Kingly power, unable in some states to maintain itself against the combined resistance of a few families of noble descent, has passed into the hands of a privileged few. Aristocratic governments have been few in number, and usually short-lived. A body of nobles, jealous of one another, and afraid that some one of their number may obtain a controlling influence in the administration of affairs, cannot act in concert for a long period of time. Factions spring up and destroy each other. Aristocracies, as a general rule, soon become democracies, or are merged into monarchies.

Democratic Government. — A democratic government is a government by the people. The supreme power is in their hands, and is directly exercised by them. In a pure democracy the people meet in general assembly to devise measures for the general good, and to make such laws as are necessary for their mutual protection and guidance. This is only possible in a small state. A democratic government is generally understood to be a government in which the sovereign power is in the hands of the people, whether exercised directly by themselves or through their agents or representatives.

Republican Government. — In a small state it is an easy matter for the citizens to meet together to legislate with reference to their common interests, but in a state including within its limits an extended territory this is impossible. It therefore becomes necessary for the people to select certain persons as their representatives, to do for them what they would do for themselves. These persons, as their agents, constitute the government, and act in their stead. A republic might be described as a representative democracy. A constitution and a system of representation are distinguishing features of a republic.

Government of the United States. — The government of the United States is an example of a republican form of government. The sovereign power is in the hands of the people, and no authority can be exercised by any man, or any body of men, unless the people expressly confer such authority upon them. A constitution, adopted by the people, specifies the powers conferred upon the government. [Representatives are periodically chosen to advise together for the general good. The powers of government are not vested in any one person, or even in a single body of men, but in three distinct and co-ordinate departments — the legislative, or law-making department ; the executive, or lawexecuting department ; the judicial, or judging department. The several departments act as a check upon each other.

The Government Best Administered Said to be Best. — It is doubtless true that all forms of government have answered in the main a good purpose, and when wisely administered have promoted the happiness and well-being of the people. Few, however, will be willing to accept Pope's saying :

" The forms' of go vernment let fools contest, Whate'er is best administer'd is best."

History and experience have taught men that their liberties are never safe when subject to the absolute control of one or more persons. Sometimes, under the humane administration of a despotic ruler, the people have been contented and prosperous ; at other times the selfishness and cruelty of a tyrant have brought misery and untold suffering on a whole nation. 1*

" A government is to be judged by its action upon men and by its action upon things; by what it makes of tlie citizens and "what it does for them ; its tendency to improve or deteriorate the people themselves, and the goodness or badness of the work it performs for them, and by means of them."— Mill, " Representative Government," p. 43.

The Best Form of Government. — The government best fitted to promote the interests of any given society is one in which the whole people participate. Since it is impossible, except in small communities where all can meet together to discuss and decide questions of public interest, for all to participate personally in the transaction of public business, it follows that a representative government approaches more nearly to the type of a perfect government than any other. In such a government, citizens, either in person or through their representatives, have a voice in the administration of public affairs. When the citizen is called upon to take an actual part in local or general questions, he learns to stand up for his own interests, and at the same time to respect the rights of others, so that motives are constantly supplied for intelligent action and for the promotion of the general good. "Whenever the people participate in the functions of government, a general improvement in their condition follows.

Three Conditions Necessary. — In order to secure permanency to any form of government, three conditions are necessary :

1. The people must be willing to accept it.

2. They must support and defend it.

3. They must be willing to perform the duties which it requires of them.

Consent of the Governed. — No government can long maintain itself unless there exists a willingness on the part of the people to submit to its authority, or at least not to oppose it. Though government is a necessity, and in the very nature of things must be established in every state, the form in which it is exercised is dependent upon the consent of the governed. True it is that open violence has at times ruled a nation, and that the government was nothing more nor less than mere brute force asserting itself, still the truth holds good that no government can long exist that is not " approved by the men upon whom it is to act." Only by addressing itself to the understanding and engaging the freewill, of its subjects can a government attain the grand object for which Providence designed it.

Support and Defence of Government. — The love of country and the instinct of self-preservation naturally prompt men to defend their native land and hearthstones against the aggressions of foreign enemies. Unprincipled rulers have frequently taken advantage of this to provoke foreign powers to acts of aggression in order to divert attention from their own misrule, and perpetuate their ill-gotten powers in the enthusiasm of a national uprising. "Whenever a country is threatened by a foreign foe, it has always had its loyal defenders, no matter how unworthy the government may have been of support. To defend and support the government, therefore, implies something more than to aid in repelling a foreign foe. The loyal support of every good citizen is equally demanded in peace as in war. In wars wrongly waged by foreign powers, in civil commotions, in local disturbances, in the enforcement of the laws, in the maintenance of peace, and in the promotion of the general welfare, the duty of the citizen to aid the government is equally binding. This will be more likely to follow when the government has been established by the consent of the governed.

Duties Required of Citizens. — One of the unfortunate features of a republican form of government is the unwillingness of many to take an active part in the administration of public affairs. The demands of business, an unwillingness to be subject to unfair criticisms, the feeling that political life tends to blunt a man's moral sensibilities, make many very reluctant to accept public office, or even take part in the discussion of public questions. There is consequently great danger of important interests falling into the hands of incompetent or unscrupulous men, or of those who have private interests to promote. It would, indeed, be greatly to the advantage of good government if the office sought the man, and not the man the office ; but, with the growth of the country in population and wealth, political offices are becoming more remunerative than formerly, and they are eagerly sought by unworthy men as a means of bettering their own fortune or to serve private or local interests. It is, therefore, the duty of all good citizens to be willing to perform their proper share of official duties, even at some inconvenience to themselves. The influence of the government on the well-being of society is so great, the interests of all are so materially affected by the good or bad administration of the laws, that it is the bounden duty of each citizen to aid in every possible manner the promotion of the general welfare.

1. " Everybody should be made to aid in government." — Helps, " Thoughts upon Government," p. 2.

2. " How can institutions provide a good municipal administration if there exists such indifference to the subject that those who would administer honestly and capably cannot be induced to serve, and the duties are left to those who undertake them because they have some private interest to be promoted ?" — Mill, " Representative Government," p. 38.

Public Questions. — In order to secure a healthy condition of public sentiment, it is needful that there should be the greatest freedom in the discussion of public questions. There will be but little progress under any form of government if common actions and common interests are not subjects of common discussion. Public questions, especially under a republican form of government, should always be discussed with freedom and decided with discretion. Whenever, after a full and free discussion, the will of the majority has been lawfully expressed, it is the duty of the minority to cheerfully acquiesce, until a change occurs in public opinion. This is the necessary price to be paid for a free government.

An Enlightened Public Opinion. — Intelligently to discuss and decide public questions requires a certain amount of general information. This, as a general rule, can only be secured where educational advantages are within the reach of all. If the people are ignorant and governed by prejudice, an intelligent public opinion will be impossible. It is, therefore, the duty of the state to promote in every possible manner the enlightenment of the masses, and to provide generously for the education of its citizens. Intelligence and virtue can alone give permanency to free institutions. Ignorance tends inevitably to destroy the liberties of a people. Only when the people are surrounded by the atmosphere of an enlightened public opinion can free institutions flourish. As men improve in knowledge, the government will improve in point of excellence, and be less likely to go wrong.

1. "A widespread and sound education is indispensable to liberty." — Lieber, " Civil Liberty and Self-Govermnent," p. 299.

2. " Meanwhile the sovereign States remain entire and undivisible, And if that ignorance were removed which acts Within the compass of the several shores To breed commotion and disquietude, Each might preserve the beautiful repose Of heavenly bodies shining in their spheres ; The discipline of despotism is unknown Amongst us, hence the more w 7 e need The discipline of virtue. Order else Cannot subsist, nor confidence, nor peace. "

William Wordsworth.

Obligation to Vote. — The right to vote is not simply a privilege to be used or not to be used, as one pleases, but when it is conferred every citizen is in duty bound to exercise it. No one can rightly excuse himself from performing his duty as an elector by reason of the ordinary claims of business or the misrule of political parties. When the generality of electors are not sufficiently interested in their own government to give their votes, representative institutions are of little value. 1 A people governing themselves by free and universal suffrage, by neglecting to bestow their suffrages when occasion requires, jeopardize not only the interests of the state, but also their own private interests. Persons who are not willing to perform their obligations as electors have no right to complain when the government is unwisely administered, or when their property is injured by pernicious legislation. A free ballot and a constantly corrected public opinion are essential elements of good government.

" There are multitudes in countries where suffrage is unrestricted whose property is injured by misgovernuient, and who are continually complaining of the state of things around them, who make no efforts, by use of their right of suffrage, to improve it. Either in despair or in selfish disregard of the public welfare, they stand aloof from politics, even when a political duty might not cost them half an hour's time once or twice a year." — Woolsey, " Political Science," vol i. p. 388.

Importance of Caucuses. — Not only is it the duty of the voter to exercise the right of suffrage when occasion requires, but, as political parties nominate persons for public office, and shape the policy of the government, it is also binding on him to attend his party caucuses. The lack of interest displayed by many in the primary meetings of the party to which they belong is a discouraging feature of our

1 Mill, "Representative Government," p. 16.

political institutions, and it often happens that, byreason of the apathy of many and the intrigues and adroit combinations of a few, unworthy and incompetent men are selected as candidates for important offices. Government consists of the acts done by persons selected by political parties. If the agents, or the persons who choose them, are unprincipled, and seek only to promote their own private interests, good government is impossible. As the general standard of intelligence and integrity among public men is raised, the government will correspondingly improve in excellence. It is therefore the duty of every good citizen to attend primary meetings, and to see to it that honest and capable men are nominated for public offices.

The Right of Revolution. — Can there ever arise good and sufficient reasons for the overthrow of an established government ? This is a serious question, and can be best answered in the words of the Declaration of Independence : " All men are created equal; they are endowed by their Creator with certain unalienable rights ; among these are life, liberty, and the pursuit of happiness. To secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed. Whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute a new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness. Prudence, indeed, will dictate that governments long established should not be changed for light and transient causes ; and accordingly all experience has shown that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same object, evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off such government, and to provide new guards for their future security."

The Importance of a Proper Knowledge of our own Government. — In a country like our own, where the citizen may at any time be called upon to occupy important public positions and to exercise important powers, it is needful that he should have an intelligent knowledge of the principles upon which the government rests, and of the duties and powers of each department of government. The liberties of the people can only be preserved by a just appreciation of the rights and privileges of the citizen and of the powers and limitations of the government. How can the people pass an intelligent judgment upon the official acts of their representatives, or even make suitable selections for public offices, without a knowledge of the fundamental principles and the operations of the government ? As the Constitution is the great charter of American liberty, every American citizen should, by personal knowledge, be able to judge for himself of its provisions, and not depend upon the opinions and prejudices of others for his information. Only by so doing can he obtain a proper knowledge of the principles upon which our system of government is founded.

"There are few studies which would conduce more to human happiness than a thorough consideration of government — of its duties, its powers, its privileges, and especially of the limits which should be assigned to its interference." — Helps, " Thoughts upon Government," p. 1.

Division of the Subject. — The following is a brief outline of the plan followed in treating of this subject:

1. The government of the American colonies,

and the relations of the colonies to each other ;

2. The causes which led to a union of the col-

onies ;

3. The Confederation and the causes of its

failure ;

4. Our present system of government under

the Constitution.

GROWTH OF NATIONAL AUTHORITY