Civil government of the United States

Preface

In preparing this little book I have followed the method by which I conceive that the subject can most easily and profitably be unfolded to the child. Accordingly, I have proceeded from the simple to the complex, and from the known to the unknown. The simplest and most familiar phase of government in the child's experience and observation is the public school ; this is taken as the starting point.

In style the same principle has governed. The earlier chapters may appear too simple, while some teachers may consider the latter ones too difficult. I hope, however, that experience will prove that the attempt to lead the pupil along a gentle upward grade has been successful. It has been my experience that a reasonable amount of detail makes a subject more intelligible and realistic to the pupil, and thus enables him to prepare and remember it better.

I would urge the importance of requiring the preparation of the suggestive questions at the end of the chapter. This will lead to independence of thought

IV PREFACE

and judgment. One or more questions, according to their difficulty, may be assigned to each pupil and a report be required at the next recitation. It will sometimes be found profitable to assign nothing beyond the questions for preparation and spend the whole recitation period on the reports and discussion. If the answers are at all extensive it is best to require the reports to be brought to the class in writing to be read aloud, but not handed in.

A number of friends, particularly of the legal profession, have very kindly rendered me assistance in supplying information. I desire to thank them all, and at the same time to acknowledge my great obligations to Senator H. B. Carlisle for much aid of this kind, and to Capt. J. W. Carlisle and Senator Carlisle for the use of their law library.

D. D. W.

Spartanburg, S. C, February 24, 1906.

A]VXOUXCEl»IE\T : In order to meet three well-defined conditions, " The Civil Government of South Carolina and of the United States," by D. D. Wallace, Ph. D., is printed in three books as follows:

1. The complete book containing the civil government of the state and of the nation, with Table of Contents and Indices.

2. The Civil Government of South Carolina, alone, with the complete Table of Contents and Index.

3. The Civil Government of the United States, alone, with the complete Table of Contents and Index.

Part II. — Town and City Government PAGB

I 8

14 21

27 34 36

39 40 46 51 54 56

Chapter XIV. General Nature of Town and City Government 63 Chapter XV. Government of Towns of 1000 Inhabitants or

Chapter XVI. Government of Towns of over iooo Inhabitants 70

DIVISION II.— STATE GOVERNMENT

Chapter XVII. General Nature of the State Government

CONTENTS

Part I. — The Legislative Department

Chapter XVIII, General Description of the Legislature Chapter XIX. The Legislature at Work

Part II. — The Executive Department

Chapter XX. General Description of the Executive

Department

Chapter XXI. The Governor, or Chief Executive

Chapter XXII. Secretary of State

Chapter XXIIL Attorney General

Chapter XXIV. State Treasurer

Chapter XXV. Comptroller General

Chapter XXVI. State Superintendent of Education

PAGE 82

95 97 106 109 112 117 120

Part III. — The Judiciary Department

Chapter XXVII. The Powers and Procedure of the

Circuit Courts Chapter XXVIII. Division of the State into Circuits Chapter XXIX. The State Supreme Court

Chapter XXX.

Chapter XXXI.

Chapter XXXII.

The State Constitution Elections and Politics Differences between Government in South Carolina and in Other Stat

127 136

143 149

Part III. — The Judiciary Department Chapter XLIIL United States Courts

Chapter XLIV. The United States Supreme Court

Chapter XLV. Territories ....

Chapter XLVI. National Politics . . .

Chapter XLVII. Relations of the States to Each Other and to the National Government

Constitution of the United States .

228 236

241 246

MAPS AND ILLUSTRATIONS

The State Capitol at Columbia . . Frontispiece

Map of a school district .....

Map of South Carolina as divided into counties in 1785, showing

also the seven judicial districts created in 1769 Map of Spartanburg county divided into townships Part of a page from the Auditor's duplicate . Part of the General Sessions journal, kept by the Clerk of Court Part of a page from the Court of Common Pleas journal, kept by

the Clerk of Court ....

Map of the city of Spartanburg divided into wards County and parish representation in South Carolina by Constitu

Map of South Carolina divided into judicial circuits The United States Capitol at Washington View of the United States Senate chamber Map of South Carolina divided into Congressional districts Presidential electoral ticket used in South Carolina in 1904 The United States divided into judicial circuits The United States Supreme Court room

10 ^3 30 41

43 71

137 162 191

193 206

233 238

BOOK II

Tlie National Government *

CHAPTER XXXIII

ORIGIN AND PURPOSE OF THE NATIONAL GOVERNMENT

269. The Colonial Government. — Before the Revolutionary war which made the United States independent, the thirteen States which united to form our Union were thirteen separate colonies, belonging to Great Britain. Their governments had no connection with each other, any more than now exists between the two British colonies of Jamaica and Newfoundland. Each colony had a legislature of its own that managed its own local affairs ; but things that concerned the outside world, such as foreign trade, war, and relations with foreign countries, were managed for each colony by the government of Great Britain.

270. The Revolution Necessitates a Central Government. — When the Declaration of Independence announced that the colonies had severed their connection

* The national government is often spoken of as the federal g^overnment. Both terms are used in this book to mean the same thing.

with Great Britain, it became necessary to create some government to perform the general duties formerly attended to by Parliament. It was necessary to set up a central government to carry on wars which might have to be waged in defense of America, or to regulate and protect people and ships engaged in trading across the ocean, and in distant lands. Each State might have attended to these matters for itself; but the people saw that it would be much better to join in one central government for these purposes; because it would enable them to get along better with each other, and would make them strong enough to stand against foreign enemies. It was for these reasons that the thirteen States joined themselves into one country as the United States of America.

271. Liberty and Union. — The Colonies intended from the first to be not only free, but to be united in defense of their freedom. They knew that they would not be likely to remain free and great unless they stood together. Their idea was expressed in the motto adopted by one of the States: "United We Stand; Divided We Fall."

On^ June loth, 1776, the Continental Congress appointed Thomas Jefferson Chairman of a Committee to write the Declaration of Independence; the very next day it decided to appoint another Committee to draw up a plan for a central government

PURPOSE OF NATIONAL GOVERNMENT 165

for all the thirteen States. This Committee wrote the Articles of Confederation.

272. The Articles of Confederation. — The Continental Congress continued to conduct the war and act as the representative of the United States until 1 781. By that year all the States had agreed to the Articles of Confederation, and they accordingly went into effect, and the Continental Congress became the " Congress of the Confederation." The Articles of Confederation remained in force from 1781 to 1789, during which time the government proved to be so weak and inefficient that the States determined "to form a more perfect Union." The Articles of Confederation were unsatisfactory because the people had not had any experience in governing a niimber of separate States as one united body. But we ''should not despise the first step because it took two steps to reach a firm government." The Articles of Confederation were the first step; the Constitution was the second.

273. Constitutional Convention of 1787. — In 1787 all the original thirteen States except Rhode Island sent delegates to Philadelphia to a convention to improve the form of government. They worked for four months, and at the end of that time had completed the Constitution. The Constitution was then discussed by a convention in each State, and was adopted by each State by the vote of its convention.* It went into operation in the spring of 1789, with Washington as the first President.

274. Object in Establishing the Constitution. — The first words of the Constitution are: "We the people of the United States, in order to form a more perfect Union, establish justice, insure domestic tranquility, provide for the common defence, promote the general welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."

Experience had shown that unless a strong central government was established, the people were in danger of losing all those advantages in order to enjoy which they declared that they established the Constitution. By going over each of the objects we will see how true this was.

275. — " Form a More Perfect Union." — The Union under the Articles of Confederation was so imperfect that the government was in continual danger of falling to pieces. As we shall see, hostility and hatred were largely taking the place of the spirit of common patriotism. If the threatened dangers of civil war, commercial ruin, separation and strife were to be avoided,

* In South Carolina the low country favored the Constitution, and the up country opposed it, partly because of old grudges, jealousies and misunderstandings dating back to the Revolution, and even before it.

PURPOSE OF NATIONAL GOVERNMENT 167

it was absolutely necessary for the States to make the Union among themselves stronger and better suited to the needs of the times.

276. " Establish Justice." — In all the States the disturbed conditions produced by the war had occasioned great wrong and injustice to many people in various ways. Some who had lent money or sold land or goods on credit had been compelled to receive worthless paper money, barren lands, or starving cattle in payment. This had ruined many honest people, and had done great harm to the whole country.

Foreign countries had treated us very contemptuously because we had a poor, weak government, and many States had treated foreigners and some of their own citizens very unjustly. For instance, England refused to pay for property her soldiers had stolen, and also refused to give up some American forts along the Great Lakes. Many States refused to allow Englishmen to collect debts for goods which Americans had bought from them. In many States the lands and houses of Americans had been taken from them by the State government because they had not joined in the Revolutionary war. So a good Constitution and a strong government were certainly needed in order to "establish justice."

277. " Insure Domestic Tranquility." — This means to have peace and good order within the coimtry.

It means to punish people who break the laws or get up riots or in any way disturb or trouble orderly people. All over the country crimes, disorder and confusion were common because of the terrible experiences of war, hardships and bad government through which the people had passed. In Massachusetts Captain Daniel Shays put himself at the head of several thousand farmers made desperate by their hopeless indebtedness and for several months marched through the State interfering with the holding of courts and the administration of the law. This rebellion was suppressed only after the calling out of several thousand troops. In other States there were men waiting to begin similar insurrections if Shays should succeed.

Connecticut had sent soldiers into Pennsylvania and turned hundreds of people out of their homes to starve or freeze, because she foolishly and wrongly claimed that the northern part of that State belonged to her. War between the two States would likely have resulted if the Quakers and Dutch of Pennsylvania had not been such peace-loving people.

New York and Vermont actually sent soldiers against each other in a dispute about their boundary line and came very near the shedding of blood in battle.

Congress had been driven out of Philadelphia by a mob of drunken soldiers. So we see there was cer-

PURPOSE OF NATIONAL GOVERNMENT 169

tainly need of a better government in order to secure peace and safety at home, or, as the Constitution says, to "insure domestic tranquility."

278. "Provide for the Common Defence." — This means to defend the United States against foreign nations. On account of our weak government we had been treated with great contempt by foreign governments, and it looked as though the United States might again come \inder British power or fall to pieces and be divided up among several European nations as their colonies, unless something was done to enable us to defend ourselves.

279. " Promote the General Welfare." — The lack of a strong central government injured the people in many ways. It was not safe to trade from one State to another; because there was no strong central government to compel any State to treat citizens of other States justly. For instance. New York and Connecticut got into a dispute and placed such heavy taxes on traders from one State selling in the other as to do great harm to the citizens of both.

It was very much the same with New Jersey and New York. A great many good and useful occupations were engaged in very little or not at all because people had no general government to protect their rights.

It was evident, therefore, that the establishment

I70 CIVIL GOVERNMENT OF THE UNITED STATES

of a good Constitution for the whole country would be very greatly for the ''General Welfare."

280. " Secure the Blessing of Liberty to Ourselves and our Posterity." — If something was not done to prevent the disasters we have been describing the country would fall to pieces, wars between the States would follow, and the freedom of the people would be destroyed. Nobody's life or property would be safe, and government by the people would prove a failure. Kings or wicked, despotic soldiers would certainly seize the government of the different States, and the benefits gained by the Revolution, as well as the civilization and fraternity which the people enjoyed as colonists, would all be imperiled. The men who made the Constitution planned not only for themselves, but for us, their posterity; and we now enjoy the great and free government which they established in the Constitution.

CHAPTER XXXIV

GENERAL CHARACTER OF THE NATIONAL GOVERNMENT

281. The National Government Created by the States.

— We saw in the last chapter that the national government was created by the people of the separate States in order to secure peace, liberty, and prosperity. The States created the national government in the Con-

CHARACTER OF NATIONAL GOVERNMENT 171

stitution and gave it all the powers it possesses. The people in the States created the State governments by freeing themselves from England, and for that reason the States possess all the powers of government except those which they have given away to the national government and agreed never to exercise.

282. Granted Powers. — ^The national government has no powers except those granted to it in the United States Constitution by the people of the States. The State, on the other hand, has all powers not denied to it by the national Constitution. This arises from the fact that the States are older than the Constitution and are the source from which all the powers of government in our country originally sprung.

283. Powers Granted to the National Government. — As we learned in Chapter XVII, most of the powers of government are retained by the States; most of the matters of everyday life are under the power of the State. But some of the most important powers have been granted to the national government. The people were careful not to grant any powers to the national government except those which they thought it could exercise better and to greater advantage to the whole country than could the States separately. We shall now examine the principal powers which the national government can exercise, and try to see why it is best that it should exercise them.

284. The Taxing Power. — The national government has the right to lay any and every kind of tax. It is absolutely necessary for a government to have the power of taxing the people if it is to perform its duties and be respected. Under the Articles of Confederation Congress had to request the States to give it certain amounts of money, like a beggar passing around his hat. As a result Congress was always poor and could not pay its debts or pay its army or command the respect of foreign nations. People came to have such a contempt for Congress that they paid little attention to its laws and good men did not care to be elected members.

285. The Tariff. — The tax on goods brought into the United States from foreign countries is called a tariff. It is regulated in this way. The United States government passes a law that anyone bringing in certain articles shall pay the tax named for each article; for instance, now (1906) blankets pay 50 cents a pound, books 25 per cent, of their value, cheese 6 cents a pound, cotton gloves 50 per cent, of their value, eggs 5 cents a dozen, lard 2 cents a pound, musical instruments 45 per cent, of their value, horseshoe nails 2%. cents a pound, jewelry 60 per cent, of its value, onions 40 cents a bushel,, wheat 25 cents a bushel, first class wool 11 cents a pound.

At each port and in every city on the border of

CHARACTER OF NATIONAL GOVERNMENT I73

Canada and Mexico there is a custom house, where officers examine the goods brought into the United States and collect the taxes on them. In 1905 the total receipts of money by the United States government amounted to $543,000,000; of this $262,000,000, or 48 per cent., was from the tariff.

286. Internal Revenue. — The taxes on whisky, beer, wine, snuff and tobacco are called internal revenue taxes, because they are collected in the interior, or internal, parts of the country. These taxes are collected by the United States government, no matter whether the States in which the whisky and tobacco are manufactured are taxing them or not. The government has a special set of officers to collect these taxes and see that nobody escapes by distilling whisky or making cigars and so forth in secret. In 1905 the United States government collected in internal revenue taxes $233,000,000, or 43 per cent, of its total income. Thus we see that from tariff and internal revenue the United States government gets 91 per cent, of all its income. Except in times of war, it leaves all other sorts of taxes, such as on land, houses, incomes, horses, business licenses, to the State government.

287. Commerce. — The national government has complete control over inter-State commerce and foreign commerce, i.e. commerce between people living in different States or between people in the United States and a foreign country. This is necessary in order to prevent any State government, on account of prejudice, ignorance or selfishness, from interfering with your or my right to buy a horse (say) in Kentucky, a car load of fruit in California, or a barrel of sugar in Louisiana ; or with our selling our cotton to a merchant in Massachusetts, England, France, China or any other place we might desire. Few things can do a country more harm than to have the trade and travel of its citizens of different sections interrupted. Experience under the weak Articles of Confederation, and the attempts of some States since, show that the framers of the Constitution were very wise in giving the national government complete power in regulating and protecting commerce that goes beyond any one State.

288. Bankruptcy. — Closely associated with the power of Congress over inter-State commerce is its power to pass laws regarding bankruptcy. A bankrupt is a person who cannot pay his debts. When a person finds himself in this condition he may voluntarily "go into bankruptcy," or his creditors may, if they choose, force him into it. A person is then appointed by the court to collect all the property of the bankrupt and with it pay his creditors as much as possible, in proportion to the amoun. owed to each. After the affairs of the bankrupt are settled under the bankruptcy law, no one can ever hold him responsible for any of the debts which he owed at that time. He is free to make a new start.

Since so many of the debts owed by merchants (the class to which, on account of the nature of their business, bankrupts usually belong) are frequently owed to persons outside the State, it is proper that bankruptcy regulations should be in

CHARACTER OF NATIONAL GOVERNMENT 1 75

the control of the United States government. At various times Congress has left bankruptcy regulations to the States, and at others has itself passed bankruptcy laws. At present (1906) there is a national bankruptcy law in operation.

289. Weights and Measures. — The United States government has power to say what shall be the weights and measures used all over the country. This is almost absolutely necessary if we are to have trade between the different States. Think of what confusion would result if a bushel was one size in one State and another size in others; if a yard was 30 inches long in the North and 35^ in the South and 41 1 in the West; or if part of the States weighed things by the pound, part by old Hebrew standards, and part by the weights of the Romans.

290. Money. — For the United States to have the exclusive right to regulate the value and material of money is even more necessary than for it to regulate weights and measures. Therefore its power in this is absolute.

291. War. — Only the United States can declare war or keep up a regular army or navy. The power to make war is such a fearful and harmful power, unless exercised with moderation and wisdom, that it is kept in the hands of the central government alone. In all ages and countries, nations which have allowed States or provinces within the nation to make war have been brought to ruin.

176 CIVIL aOVERN3IE:NT OF THE UNITED STATES

The United States Constitution grants Congress the right to assume any degree of control it may think needful and proper over the organization and discipHne of the State militia. Any power which Congress does not choose to exercise over the militia the State is free to exercise; but the State may not pass any law regulating the militia contrary to laws for that purpose passed by Congress. At present (1906) Congress leaves the control of the militia almost altogether to the States and confines itself to giving assistance, such as money for equipment, encampments, instruction, etc.

When the militia is called into the service of the United States government, the control of the State gives way completely to that of the national government.

292. Foreign Affairs. — It is impossible for one family to get along without having anything whatsoever to do with any other family. Just so a nation is constantly finding that matters ar4se which require discussion and arrangement with other nations. This is called foreign affairs. In order to have influence in foreign affairs, a government must act with great wisdom, and have back of it great power, population and wealth. Every reason requires that our foreign affairs should be completely in the control of the United States government. Even as it is, several times a few people in some States have come near causing war by their unlawful conduct toward foreign nations.

293. Protecting American Citizens Abroad. — If an American is wronged by a foreign government, his own State has nothing to do with it; but the United States government takes up the matter and stands ready with the whole power of the mighty nation to

CHARACTER OF NATIONAL GOVERNMENT 177

compel the foreign government to do him justice. For this reason no foreign nation dares wrong the humblest and weakest American citizen. If a citizen of a foreign country injures an American in that foreign country, the foreign government will punish its own citizen, for the United States government stands with its whole army and navy to see that justice is done.

An American citizen was once standing before the executioner in a foreign country, the next minute to be unjustly shot. A representative of his government stepped up and threw an American flag over his body, and he was as safe as if the silken cloth had been a wall of stone.

294. Citizenship. — Citizenship is the condition of being a member of a State or nation, enjoying its protection and owing to it obedience and support. A citizen is said to owe allegiance to his country. This means to be faithful to it against all other governments or countries. We are citizens of our State and also citizens of the United States.

295. Who Are Citizens. — The right to determine who shall be citizens belongs to the United States government. The United States Constitution says that **all persons bom or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." This compels every State to receive as a citizen every person whom the United States government declares to be a citizen; but it does not prevent a State from admitting as a citizen within its own hounds a person whom the United States does not recognize as a citizen. For instance, no State can refuse citizenship to a negro, because the United States government gives him citizenship; but a State may allow a Chinese immigrant to be a citizen within its own bounds, although he is not allowed to become a citizen of the United States and can claim no right of citizenship under the United States Constitution or laws.

The children of ambassadors and other diplomatic officers of foreign governments residing in this country do not become citizens of the United States by being born within its bounds.

296. American Children Born Abroad. — Children who are born of American citizens in foreign countries are natural born citizens of the United States; but unless these children live for awhile in the United States, children of theirs born in foreign countries cannot claim American citizenship.

297. Naturalization. — Naturalization is making a person a citizen who was not born a citizen. Giving United States citizenship to foreigners is a power belonging only to the United States government. The naturalization law requires that a foreigner must live

CHARACTER OF NATIOJ^AL GOVERNMENT 1 79

in the United States for a period of five years, and must declare his intention of becoming a citizen at least two years before securing citizenship. For instance, if he came to this country in the year 1900, he could become a citizen in 1905, provided he declared his intention not later than 1903.

The intention of becoming a citizen must be declared in a court of record,* either State or national. Citizenship is also granted by such a court.

A man's wife and children become citizens by his becoming a citizen.

298. Racial Qualification. — No Chinese can become naturalized; but a Chinese child born in the United States is a " natural bom citizen" of the United States.

This discrimination against the Chinese goes so far as to forbid any more of their race to come to the United States, except temporarily as students, travelers, government agents, or merchants pm^chasing goods. This law is due to a strong prejudice against Chinese cheap labor by the working men of California and other Western States, and a feeling that our racial complications are already sufficient.

299. Territories. — The Constitution gives Congress power to "make all needful rules and regulations respecting the territory or other property belonging to the United States. " This allows Congress to exercise

* The Circuit Court, for instance, either State or national, is a court of record. A Magistrate's or Mayor's court is not a court of record, although it now keeps a written record of its proceedings. In general, we may say that the higher, more powerful and important courts are courts of record.

i8o CIVIL GOVERNMENT OF THE UNITED STATES

all powers of government in or over the territories.* In a territory Congress has all the power of both State and national governments. But even here Congress is not allowed to violate certain fundamental rights of the people in the territories, such as their freedom of religion or their right to be tried according to law or have counsel (lawyers) in their defense. To interfere with these things is not considered in our free country a just or needful power of government.

300. Implied Powers. — You remember that the United States government can do only those things that the Constitution says it can do. But the government is free to do anything fairly included in one of the granted powers. For instance, it has the right to send ambassadors to foreign countries. This implies the right to buy a house in the foreign country for the ambassador to live in, and the right to protect him, even by sending ships and troops into the foreign country if necessary. The government has the right to lay and collect taxes. This gives it the right to create a bank or build a treasury in which to keep the tax money. These are called ''implied powers," because, while they are not named in the Constitution, it is necessary to