The American citizen's manual

Front matter

o r»

A ^ jp-v -life' #°+ v t ^

^6*

PART I GOVERNMENTS (National, State, and Local) THE ELECTORATE

THE CIVIL SERVICE

EDITED BY

WORTHINGTON C. FORD

Ool 23 j{

NEW YORK G. P. PUTNAM'S SONS

27 & 29 WEST 23D STREET 1882

Copyright by G. P. PUTNAM'S SONS

£. P. Putnam 1 s Sons New York

INTRODUCTORY NOTE.

What is the relation of the citizen of the United States to the governments under which he lives ? This question, which is quite distinct from questions concerning his relations to his fellow-citizens, is continually recurring as the population of the country increases, the interests of the people become more complex, and the interference of government with the rights and privileges of the citizen becomes more general. And it is a problem which, from its nature, is hardly capable of a satisfactory solution ; for the conditions are in a state of perpetual change. No sooner are present wants and needs provided for, than new questions arise, demanding attention. This matter of the relation of the governed to the government, is, then, pre-eminently and continually a " question of the day."

But before attempting to show to what extent the powers of government have been exercised in the United States, some knowledge of the machinery of government, its organization and manner of act-

IV INTRODUCTORY NOTE.

ing, is necessary ; and it is, further, important to have clearly set forth the methods of choosing the agents of State action, and the more important points regarding official responsibility and the civil service, for these subjects are more closely connected with the organization than with the functions of government.

Of the difficulties which presented themselves to the editor some idea may be gained from the fact that the organizations of no two State governments are exactly alike ; and the editor has therefore confined himself to dealing with only the more essential branches of the subject, taking from the great variety of illustrations offered such as seemed best suited for his purpose. For the convenience of those who may desire to make a more complete examination of the subjects treated of in this volume, a short list of works is added which will be found valuable for reference.

Brooklyn, New York, September ) 1882.

Contents

CHAPTER. PAGE.

I. Governments, National and State i

II. Local Governments . . . . e 53

Chapter I. Government And Its Functions

There can be framed no exact definition of government, nor can its functions be so limited and defined as to include and satisfy all conditions that may arise. Government is, in its form and sphere of action, as varied as are the customs and conditions of the people over which it is instituted, nor is it the same among any one people at different periods of its history. In its widest sense, however, government is the ruling power in a state or political society ; and with regard to its functions, it may be practically described as the organization of the community for such objects as are best obtained by common action. And while the proper sphere of governmental action is as varied and as much a matter of dispute as is its form, yet the primary object of government is to protect life and property, and to insure to its subjects this protection by a proper definition and enforcement of their rights.

All the various forms of government which are met with may be reduced to three classes, and this distinction into classes depends upon the numerical relation between the constituent members of the government and the population of the state. A monarchy is government by one man ; an aristocracy, by a number of men small in proportion to the whole number of the population ; and a democracy, by a number of men large in proportion to the population, or by a majority of the subjects of the state. These three principal forms may be combined, and a large number of mixed forms result ; but these mixed forms may all be ranged under one of the three great divisions or classes — monarchy, aristocracy, and democracy, — according to the predominating feature.

Government in the United States.

The government of the United States is democratic in its form ; that is, the decision of all matters pertaining to the welfare of the State rests with a majority of the people. But the number of the population is so great, the extent of territory so vast, and the interests at stake so varied and important, that the purely democratic form, in which what concerns all is decided by all, is not practicable ; and the actual performance of governmental duties is delegated to a number of officers elected by the rest. And through this method of representation a democracy may exist, although apparently falling under the definition just given of an aristocracy, for the number of the representative bodies, which are the government, is small in comparison with the number of the governed. But the power does not rest ultimately in these bodies ; they are clothed with certain functions by the people, who may at pleasure take them away or modify them, for the people alone are the real rulers.

In addition to this division of labor, by which the powers of government are entrusted to a few, a further saving of labor and an increase of efficiency are secured by a division of the functions of government, according to the size and extent of territory to be governed. It is sometimes said that a citizen of one of the United States is under four governments, national, State, county, and municipal. But when the powers or functions of each of these apparently distinct governments are examined, it is seen that there are but two, national and State. And a further examination will show that these are not separate and distinct governments, but are rather supplementary to one another, each having a sphere of action peculiar to itself. " The Federal and State governments," says the Federalist, " are in fact but different agents and trustees of the people, constituted with different powers and designated for different purposes."

From this dual character ot the government it might naturally be supposed that contests would arise as to where the power of the Federal government ends and the State government begins. So far as was possible this difficulty was obviated by defining the powers of the Federal government in a written instrument, the Constitution, under which the government was formed. And in order to form or constitute the national government such powers as were considered necessary to preserve it and give it effect were originally ceded to it by the people of the States. In general that government was formed for national purposes only, and its functions and powers to effect those purposes are sharply defined by the Constitution. To form a more perfect union, to establish justice, to insure domestic tranquillity, to provide for the common defence, and to promote the general welfare, are all national objects and affect equally the inhabitants of each State. To carry out these objects certain powers, few in number, but adequate in their nature to effect these and other national purposes, are granted to the national government. These powers are, moreover, limited by the Constitution, and extend no further than is granted by that document ; and whatever powers are not so ceded, either expressly or by implication, are reserved by the people or have been delegated to the State governments. In all matters of which the national government has cognizance it is supreme, and overrides any State constitution or law that may conflict with its powers.

And this is also true in such cases as taxation, in which national and State governments possess concurrent powers, — the former always taking precedence. This was essential to the existence of the central government, as it effectually prevents any curtailing of its powers through hostile State legislation. At the same time protection against encroachment by the Federal government upon the powers of State is provided by the limitations imposed by the Constitution ; although, it must be confessed, the protection is not so effectual as always to prevent such encroachment. As all power is, in theory, ultimately inherent in the people, the State government is a creature of the people, and being of limited powers, its sphere of action is also restricted and defined by a written constitution. These constitutions are framed by a body of men elected by the people for this special purpose, and resembling in all respects a legislative body, save that its action is confined to this immediate matter, and when it has accomplished this, its powers end. 1 By these constitutions State government is instituted to secure to the people certain inalienable rights, among which are those of life, liberty, and the pursuit of happiness. These are also objects of the national government. But as the latter is instituted for national purposes only, so the State government exists for State purposes only, and consequently its powers are limited to that extent of territory which is comprised in the State. The central government is one of general and delegated

*See Jameson, " The Constitutional Convention."

powers, while the State governments have all local and undelegated powers. Hence, if it is desired to know what power the central government has, the Federal Constitution must be looked into, for it has no other than what is there delegated ; but if it is desired to know what power belongs to the State government, not only must the Federal Constitution be examined, for whatever powers are not prohibited either by express language or necessary implication, belong either to the State government or the people, but also the State constitution, to see if the people have conferred upon it the power in question. 1

In order to make the State government more effective by not burdening it with details that are strictly local in their character, the territory of the State is divided into a number of divisions called counties, and these counties into townships, and over each of these divisions is placed a local government clothed with sufficient powers to enable it to regulate and control such matters as by their local

*A constitution should be elastic and capable of amendment, so that it may be adapted to changed circumstances. The Federal Constitution is subject to amendment on the vote of two thirds of both Houses of Congress, or on the application of the Legislatures of two thirds of the several States ; and such amendments, when framed in convention, must be ratified or accepted by three fourths of the States in whatever manner is proposed by Congress. With regard to amendments to State constitutions, the amendment is usually prepared and passed upon by the Legislature, and is then accepted or rejected by a vote of the people. In New York State such amendments must pass two successive Legislatures before it can be submitted to the people, the object being to prevent too frequent alterations in the organic law of the State. In the same State the question of revising the constitution must be submitted to the people every twenty years, and a convention for that purpose is then called. In other States the Legislature may take the initiative and call a convention for revision.

GOVERNMENT AND ITS E UNCTIONS. 7

character belong to it. Hence arise county and municipal governments, commonly called local governments, which are, however, but branches of the State government, being created by it, and exercising powers under its supervision and control. So that a citizen of this country is apparently under four governments — municipal or town, county, State, and national, — but as each is occupied with a different sphere of action, over different extents of territory and particular classes of needs, they in reality constitute but one complete government, under which all duties and functions are cared for and performed. But this power is not so absolute as might be imagined. For as all power lies in the people, and as the governments are created for special objects and derive all their powers from the consent of the governed, to the people belong the right of altering or abolishing any government that does not attain the objects for which it was framed, and of instituting instead such a new form of government as seems to them fitting. This does not, however, imply that a State has a right to withdraw from the confederacy, because it or its people believe the action of the national Government to be hostile to the interests of the State. It has been determined, and it is now a recognized principle, that in case any conflict of opinion arises between the national and a State government, the will of the individual State is to be subordinated to the higher interests of the confederacy as a whole. By an amendment to the Federal constitution the State governments might be wiped out of existence 1 ; and in like manner the State governments might abolish all local governments. But such changes are hardly possible, because the dislike of centralization, or of placing all the power in one government, whether it be State or national, is too strong, and would check any such revolutionary designs.

Branches of Government.

The functions of government may be divided into three great divisions : the making of laws, or legislative ; their impartial interpretation, or judicial ; and their faithful execution, or executive. And in accordance with this division of powers there are three departments of government — the legislative, the judicial, and the executive, — which are generally distinct and co-ordinate departments ; and the more sharply is the line drawn in the functions proper to each department, the greater will be its independence, and the higher will be the efficiency of the government. These three branches of government are distinctly recognized, and the separation of their functions is expressly provided for both in the

1 At the close of the war many of the Southern States were without any form of government save that of military rule. By the Constitution the United States shall guarantee to every State in the Union a republican form of government ; by which is meant a government in which laws are enacted by the representatives of the people and not by the people themselves. See citations in McCrary, " Law of Elections," § 152.

national and State constitutions. And the State constitutions forbid a person belonging to or constituting one of these departments, to belong to or exercise any of the powers belonging to either of the others, except under certain conditions, when such a course is desirable or necessary. Yet, as will be shown, these departments are not wholly independent of one another, but each one may serve as a check upon the actions of either or both of the others. And not only are they checks upon one another, but one of these departments does, at times, exercise functions which more properly belongs to one of the other departments. Thus, the appointment of officers is properly an executive function ; yet the Senate, a branch of the Legislature, must be consulted in many of such appointments, and to that extent exercises an executive function. Again, the Senate, when trying an impeachment, is performing a duty which is of a judicial character ; and when passing upon contested elections of its members, Congress is exercising a judicial function. Formerly some of the State Legislatures granted divorces, a power which they exercised concurrently with the courts. The exercise of the veto power by the Executive is more of a legislative than an executive act, and in giving his approval to laws the Executive becomes, in reality, a part of the Legislature. Still, generally speaking, the executive, Legislature, and judiciary, are distinct and co-ordinate branches of government.

IO THE AMERICAN CITIZEN'S MANUAL.

The Legislative Function.

Chancellor Kent says that the power of making laws is the supreme power in a State, and experience has shown that it is the branch of government which is most apt to enlarge its own sphere of action by encroaching upon the functions of the executive and judicial branches and by assuming powers which properly belong to these latter branches. The most important duty or function of the Legislature is to discuss questions of public policy and to frame such measures as are necessary to further public welfare. While it is a law-making body, it is also a body for deliberation. Any question that is brought before such a body should be decided upon its merits only, and a complete and thorough presentation and discussion of its various aspects, its probable causes and effects, are necessary to secure the proper remedial measures. Freedom of debate is therefore a requisite to the proceedings of the legislative body. Discussion of measures is secured, first, by the organization of the Legislature ; and, secondly, by the rules which govern its proceedings.

Organization. By the Constitution all legislative powers are vested in a Congress of the United States, which shall consist of two branches, a Senate and a House of Representatives. In like manner the legislative power of the governments of the different States is vested in an Assembly, which also consists of two branches, known under different

GOVERNMENT AND ITS FUNCTIONS. II

names. In all the States the upper or smaller House is known as the Senate, and the lower body generally as the House of Representatives. But in Maryland, Virginia, and West Virginia the lower House is called the House of Delegates, and in a few States the Assembly. The two bodies are very generally known as the Legislature. 1 The concurrence of the two Houses is necessary to the enactment of laws.

The division of the Legislature into two branches is to insure against hasty and ill-advised legislation. Naturally, when a measure is thoroughly discussed in two bodies, there will be less liability to such error, and this liability will be further lessened the greater is the difference in the constitution of the two bodies, either with respect to their numbers, the mode of election, or the term of service. These differences are very marked in the national Legislature. The Senate is not only the smaller body of the two, but its members are not chosen directly by the people, but by an intermediate body, the State Legislature ; and the term of service is long when compared to that of a member of the House of Representatives. The qualifications required of a Senator are of a higher degree than those of a Representative, but in both instances he must be an inhabitant

1 " As a collective title (in 1881), therefore, General Assembly is used in twenty-three States ; Legislature, by twelve States ; General Court, by two States ; and Legislative Assembly, by one State ; but in all the States, Legislature is very often used as equivalent to the official title."

of the State from which he is chosen. The differences may be illustrated by a table :

Citi-

Term of

Age.

zenship.

service. How chosen.

Senate,

3°

6 By the State Legislature.

House,

2 By popular vote.

— In either case they must be residents of the State for which they are chosen.

There is, further, a difference in the organization of the two Houses which materially modifies their relations to the people: the Senate being rather a body representing the States, while the House of Representatives represents the people of the States.

The Senate is composed of two Senators from each State, and these Senators are chosen by the State Legislatures. The representation is then equal, each State having two Senators and each Senator having one vote ; and no difference is made among the States on account of size, population, or wealth. The Senate is not, strictly speaking, a popu lar body, and the higher qualifications demanded of its members, and the longer period of service, make it the more important body of the two. The Senate is presumedly more conservative in its action, and acts as a safeguard against the precipitate and changing legislation that is more characteristic of the House of Representatives, which, being chosen directly by the people, and at frequent intervals, is more easily affected by and reflects the prevailing temper of the times. The Senate is more intimately connected with the Executive than is the lower body. The President must submit to the Senate for its approval the treaties he has contracted with foreign powers ; he must ask the advice and consent of the Senate in the appointment of ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States whose appointments have not been otherwise provided for„ Until 1867 the Senate could assent only to the appointment to office ; the removal of an officer depended wholly upon the President, the Senate not being consulted ; and this power was subject to grave abuse whenever the Executive changed from one party to another. In 1867 the Tenure of Office Act was passed, and provided that while Congress was not in session, the President might suspend any official, but if the Senate on meeting did not concur in such suspension, the officer should resume his place. This practically rendered the consent of the Senate necessary to a removal, because by refusing to assent to a new nomination, the suspended officer would remain in office, as a suspension is not equivalent to a removal. The Senate has sole power to try all impeachments, but it cannot originate proceedings of impeachment.

The manner of choosing Senators was regulated and made uniform by an act of Congress passed in 1866. Before that time in some States they were chosen viva voce, in others by ballots, in some by a separate vote in each House, in others by both Houses meeting and voting as one body» Under the act they are to be nominated in each House by a viva voce vote, and if not decided upon in this way, the two Houses meet and vote together until some choice is made.

In case a vacancy occurs when the State Legislature is not in session, the governor may make a temporary appointment ; but at the next meeting of the Legislature the vacancy must be filled in the usual way.

The presiding officer of the Senate is the Vice- President of the United States. He is elected in the same manner as the President, for were he chosen from the Senate itself, the equality of representation would be broken. He has no vote save when the Senate is equally divided, and his powers are very limited.

The House of Representatives is elected directly by the people, and is organized on a very different basis than that on which the Senate rests. The number of Representatives that each State is entitled to, depends upon its population. The number of Representatives was originally fixed at 65, which were apportioned among the States in the ratio of one Representative for every 30,000 population, though a State was entitled to at least one Representative even if its population did not amount to 30,000.

GOVERNMENT AND ITS FUNCTIONS. I J

At the same time it was provided that this ratio should be altered at the end of every ten years, when a new census of the population should be taken. The last apportionment was made in 1882, and was based on the res-ults of the census of 1880.

In the first apportionments it was the rule to first determine the number of inhabitants entitled to a Representative, and then by dividing the population of each State by this number, arrive at the number of Representatives the State was entitled to. But of late Congress determines the number of members the House shall contain, and then apportions them among the States in proportion to the respective populations. The following table will show how this branch of the Legislature has increased.

Year.

No. of Representatives,

Being one for every

33,000 inhabitants

33,000

35>°°°

••

2IO

40,000

47,700

U

70,680

1*53

94,000

128,215

U

1872 ■

135,293

Two methods have been adopted for the election of Representatives, the one called the general ticket sys-

1 Between 1872 and 1882 Colorado became entitled to one Representative, making the total number 293.

tern, the other the district system. In the former the qualified voters of the State were allowed to vote for every Representative to which the State was entitled. Each Representative, was thus elected by the whole State. In the latter method the State was divided into a number of districts, and each district voted only for its immediate Representative. By an act of Congress of 1842, to create uniformity on this subject and to afford a more equal representation of the inhabitants of each State, it was prescribed that the Representatives in each State should be elected by the voters in districts composed of contiguous territory and equal in number to the number of Representatives the State is entitled to ; each district to contain, as nearly as possible, the same number of inhabitants, and no district to elect more than one Representative. This necessitates a redisricting of the State with every change in the number of Representatives assigned to it, and has been subject to abuse from party motives in more than one instance. Thus the noted " shoe-string " district in Mississippi is five hundred miles long and about forty miles broad ; it contains no considerable town save Vicksburg, and is almost wholly rural. Another instance is the " dumb-bell " district in Pennsylvania, which resembles the shape of that object. A very recent instance of such a curious division of the State for political purposes has arisen under the apportionment of Representatives of 1882 in the

MAP

OP THE

STATE OF SOUTH CAROLIN,

SHOWING THE

CONGRESSIONAL DISTRICTS 1882.

\PICKENS& \ iSPARTANfeuRG

\ OCONEE.

\TK4

CHESTER. iLANCASTER.N / % ; \

MDERSON.

•^or^K

EDGEFIELD. /LEXINGTON

AIKEN.. /^^ °J*AN <>f^ U

MAP STATE OF SOUTH CAROLINA,

SHOWING THE

CONGRESSIONAL DISTRICTS. 1882.

GOVERNMENT AND ITS FUNCTIONS. IJ

State of South Carolina. Thus, the manner of forming the seventh district, as shown on the accompanying diagram, proves how elastic the provision that districts must be composed of contiguous territory may be. The special peculiarity of this district, apart from its remarkable general outline, lies in the fact} that the narrow strip connecting the two parts is completely covered at high water, and the " land " is contiguous only at low water. Nor is the first district any the less remarkable, as it is intended to include the narrow strip of territory running between the two parts of the seventh district. 1 In these instances the curious shapes were laid out for political reasons, so as to assure the return of a Representative belonging to one of the political parties. The actual redistricting of the State is left to the Legislature of the State. Congress merely designates the number of Representatives a State is entitled to, and thus determines the number of districts the State shall contain ; but it leaves the actual division to the State.

In case a State becomes entitled to an additional Representative, and the Assembly fails to redistrict the State, the new member is voted for on a general ticket by the voters of the whole State, and he is known as a " Congressman-at-Large."

1 This example is mentioned as an aggravated instance of the means employed by parties to gain their end ; and although it happens to be one which was done by the Democratic party, yet instances almost equally arbitrary may be attributed to the Republican party.

Should a vacancy occur, the governor, by proclamation, orders a special election to be held in the district where the vacancy has occurred, but the member so elected serves only for the unexpired term of his predecessor.

A territory having a regularly organized territorial government, that is, having a governor, judges, and certain other officers appointed by the President, is entitled to send one delegate to the House of Representatives. Such a delegate, however, has but limited rights, and although he may take part in the debates, he has no vote. The District of Columbia, although it was constituted a territory and received a territorial government in 1871, cannot send a delegate to Congress.

The House of Representatives has the sole power to institute proceedings of impeachment against officers of government. But its powers end with preparing the articles of impeachment, and the actual trial is held by the Senate.

The presiding officer of the House is the Speaker, and is chosen from among the Representatives. He is not, like the Vice-President, without important powers, for he appoints the various committees of the House, in which most of the bills to be acted upon by the House are prepared. This patronage, or power of appointing, makes the speakership sought after, and, like all such offices, it is often filled subject to " bargains/' " trading," and other devices among the candidates to secure a majority of the votes. 1

Each House is very properly made the sole judge of the election returns and qualifications of its members, for there is no other branch of the government to which this power could safely be trusted. With every Congress there arises a contest between the rival candidates over a seat in the House, each claiming to have been elected by a majority of legal votes. In such cases it is the duty of the House to examine into the returns, and, in accordance with the results of such examination, declare which contestant is entitled to the seat. When the two political parties in the House are evenly balanced, party spirit plays an important part in such contests, and it is no infrequent event, under such conditions, for a contested seat to be given to one whose only recommendation is that he is of the same politics with the dominant party in the Houses, and without any regard to the legal aspects of the case.