A brief outline of the history and civil government of Vermont

Front matter

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Preface

One of the most gratifying signs of the times is the increasing interest of late manifested in different parts of the country in the study of our Civil Government. This growing interest is seen in the multiplicity of books relating to this subject, its general discussion in the daily and weekly press and the monthly and quar¬ terly magazines, the formation of Societies for Promoting Good Citizenship, and especially in the great increase in the introduction of the study of Civil Government into the public and private schools, academies, and colleges in all parts of the country. It is doubtless true to-day that the study is carefully pursued in many high, grammar, and ungraded schools in every state in the Union. It should be, in every school in the country where there are pupils above thirteen years of age.

Our public school system is maintained upon the principle that the safety of free institutions demands intelligence on the part of every citizen. If the property of the state is to be taxed to educate the children of the state, it surely follows of necessity that the principles, methods, powers, and duties of the government, and the relation of the parts to each other and to the whole,

PREFACE.

as well as the duties and privileges of the citizen, should be studied in these schools.

We have many treatises upon the Constitution of the United States, and text-books of a higher grade for the study of Civil Government in high schools, acad¬ emies, and colleges, — books so extended and complete that a full year is required to master them; but it is everywhere felt that a suitable book is very much needed for ungraded and grammar schools, and for high schools in the smaller towns and cities, where time cannot be found for an extended study of the subject. Moreover, it is found that many of the text-books are written for older and more mature pupils, thus being entirely above the reach of the younger and more im¬ mature minds in the schools just mentioned.

It is the hope of the author that this book will be found well adapted for the purpose above indicated. It attempts to discuss, in a brief and elementary manner, the foundation principles and general facts of our gov¬ ernment, local, state, and national, in language easily understood by pupils from twelve to sixteen years of age, and at the same time without making the silly and futile attempt to degrade the dignity of the subject to the language and style of the primer, the first or the second reader. This subject can scarcely be studied to advantage by primary scholars, but it can be pursued with entire success by nearly all boys and girls who have studied arithmetic to percentage, and who can comprehend the good English of a fourth reader.

PREFACE.

It is believed that the plan of this elementary treatise will commend itself to teachers everywhere. It is analytical and topical. It includes, —

1. Town Governments.

2. City Governments.

3. County Governments.

5. The National Government.

It introduces the history of the early settlements and the colonies, the formation of the state and national governments, and the rapid and marvellous growth of the republic.

It gives topical analyses for blackboard work, and general outlines for reviews.

This book is not designed to take the place of the author’s “ Studies in Civil Government,” but its purpose is to furnish a shorter course, which can be used in schools where younger pupils can spend from three to six months in the study of an elementary book, but would find the larger and more mature treatise too extensive and too difficult.

The author takes this opportunity to express his grateful appreciation of the cordial reception and ex¬ tended introduction given to his former book, entitled “Studies in Civil Government,” which in two years has passed through four editions, and is now in extensive use in all sections of our common country. That book has just been thoroughly revised, and the necessary

PREFACE.

changes made to adapt it to the present condition of our state and national governments.

It may not be improper to add that these two books have not been made at the study table merely, but have grown out of twenty-five years of practical teach¬ ing, in which the author has had a class every year in this subject, and that not a few men now prominent in both public and business life have expressed the con¬ viction that this study has proved o £ greater interest and of more practical value to them than that of any other subject of their entire school curriculum.

The author desires to express the hope that this brief treatise may serve to promote a higher apprecia¬ tion of, and a stronger love for, our free institutions and our liberal government “of the people,” to the end that they may be perpetual.

WILLIAM A. MOWRY.

Dorchester, May i, 1890.

LOCAL AND STATE GOVERNMENTS.

Chapter I. Introductory

We live in a republic. Our country is called the United States of America. It extends from the Atlantic Ocean on the east, across the Valley of the Mississippi River, over the Rocky Moun¬ tains to the Pacific Ocean on the west. On the south is the Gulf of Mexico and the republic of Mexico; on the north is British America; then far to the northwest beyond British Columbia is Alaska, which also belongs to the United States. We have forty-four states, six territories, and the District of Columbia in which is the city of Washington, the capital of our country.

All the people in this broad country are citizens under one government. This is called the Na-

INTRODUCTORY.

tional Government. This National Government is divided into three parts, called the Legislative, the Executive, and the Judicial departments.

The legislative department consists of a Con¬ gress of the United States, which includes two branches, the Senate and the House of Repre¬ sentatives.

The executive power is invested in one man called the President of the United States.

The judicial department comprises a series of Courts, including the United States District Courts, the United States Circuit Courts, and the Supreme Court of the United States.

There are in this country subject to this one government more than sixty millions of people. This is the largest, most prosperous, and most powerful republic in the world. We ought to be thankful that we live under a good govern¬ ment and that our nation is large, and strong, and powerful.

By and by we shall want to study the history of this government, when and how it began, and how it has grown to its present prosperous con¬ dition; but before taking up this subject, let us consider some other matters. We live not only in a republic but in a commonwealth. We are not only citizens of the United States, but we are citizens of the state of -

INTRODUCTORY.

Every state has a government of its own. This government consists, like the National Govern¬ ment, of the Legislative, Executive, and Judicial departments. The legislative department, usu¬ ally called the State Legislature, includes a Senate and a House of Representatives. The executive officer of the state is called the Gov¬ ernor. The courts of the state include local courts, — that is, Police Courts or Justice Courts, — County Courts, for the trial of civil and crim¬ inal cases, and the Supreme Court of the State.

Again, we are not only citizens of the United States, and citizens of our state, but we are citi¬ zens of the town or city in which we live. So we have a third kind of government, a local gov¬ ernment, that is, the government of our town or city. It will be necessary, therefore, in our study of Civil Government, to keep constantly in mind that we are subject to our local government, to the laws of the state and to the laws of the United States. In all matters that relate to local affairs the town or city government has full power; in another set of subjects, relating to the general good of the people of the commonwealth, the state government has full control; but in everything which concerns the nation at large, the authority is vested in the National Govern¬ ment.

INTRODUCTOR Y.

In Emerson’s beautiful little poem of the mountain and the squirrel, he makes the little rodent say to the mountain, “ If I cannot carry a forest on my back, neither can you crack a nut.” Each has its place and its duties and the other cannot interfere.

The term “ state sovereignty ” is a misnomer. There is no such thing, and cannot be in a republic. Indeed there is — in the true sense of the word — no “sovereignty” in a republic, for there is no “sovereign.” It is only by a figure of speech that we say “ the people are sovereign.” The township cannot interfere with the state or the nation, neither has the state or the nation the right to infringe upon the powers or preroga¬ tives of the town.

INTRODUCTORY.

QUESTIONS, TOPICS, AND SUGGESTIONS FOR REVIEW.

Designed to recall what has been learned and to suggest further thought, reading, and study.

1. What is a republic ?

2. Describe the republic we live in.

3. How many square miles does it contain?

4. Citizens of towns, city, or county, of state and of nation.

5. Legislative department — law-making.

6. Executive department — enforcing.

7. Judicial department — interpreting.

BLACKBOARD OUTLINE.

TOWN OFFICERS.

1. Moderator.

2. Town Clerk.

3. Town Treasurer.

4. Selectmen.

5. Assessors.

6. Constable.

7. School Committee.

8. Overseers of the Poor.

9. Highway Surveyors, or Road Commissioners.

CITY OFFICERS.

1. Mayor.

2. Aldermen.

3. Councilmen.

4. School Committee.

5. Overseers of the Poor.

6. City Clerk.

7. City Treasurer.

8. City Solicitor.

9. City Auditor.

10. City Marshal, and others.

COUNTY OFFICERS.

1. County Commissioners.

2. County Treasurer.

3. County Auditor.

4. County Registrar.

5. County Sheriff.

6. Coroner.

7. District Attorney.

8. County Assessors.

9. County School Commissioner, and others.

Section I. — The Town

The town is the local unit of government. The town government in this country originated in New England. In the new states of the west different circumstances have produced a differ¬ ent condition of local government. In the early settlements of New England a town included a little territory, generally with a central village and outlying farms scattered here and there. The people of .this territory formed a compact settlement by itself and constituted a little de¬ mocracy, where all the people came together in town meeting and made laws for themselves, assessed taxes, ordered roads built, schools to be supported, and determined by a majority vote whatever seemed best for the well-being of the little settlement.

These towns were grouped together in a col¬ ony, and the colonists were, at that time, subject to Great Britain. The first town meeting in America was held in Dorchester, Massachusetts, in the year 1633. It was then established as an institution for that town. The citizens voted that the meeting should be held monthly, and that all matters relating to the welfare of the town were to be determined by a majority vote, the minority yielding their preferences and agree¬ ing to be governed by the majority. Other towns followed this example and established town meet¬ ings the next year, 1634. •

The establishment thus early in the history of our country of the town meeting has proved the source of much of our freedom at the present time in state and nation. In the newer settlements in the west covering greater areas of territory, generally without the nucleus of a village, the township, as the people call it there, is of less im¬ portance, while much of the local government is necessarily administered by counties. In some parts of the west and south the town has no ex¬ istence, the local government being by counties. In other sections there are both towns and coun¬ ties, but the county in many parts is of the greater importance.

Section II. —Town Officers

A town meeting must be legally called. No¬ tices are posted in accordance with law, stating distinctly the business, article by article, which is

LOCAL GOVERNMENT.

*9 to be transacted by the voters of the town in the meeting. At the annual town meeting the vari¬ ous officers of the town are elected. In some states the voting for the principal town officers must be by ballot. The meeting is called to order by the town clerk, then the warrant is read and a mod¬ erator is elected. It is the duty of the moderator to preside at the meeting, to put all motions, de¬ clare the vote, to see that everything is done in proper legal form, and to preserve order.

The officers of a town include a town clerk, treasurer, selectmen, — or, as they are termed in some states, the town council, —assessors of taxes, constable, collector of taxes (in many cases the constable is collector of taxes, and in some states the town treasurer acts as such), school com¬ mittee, overseers of the poor, road commissioners or highway surveyors, and sometimes other offi¬ cers, differing in different states.

Besides the appointment of town officers the voters assembled in town meeting levy taxes, and make apportionments of money for school purposes, highways, the support of the poor, and for such other purposes as may seem necessary, such as street lights in thickly settled portions of the town, fire engines, bridges, and various other matters.

Town Clerk. — It is the duty of the Town

LOCAL GOVERNMENT.

Clerk to keep the records of all business done in the town meetings during the year for which he was elected, to keep records of births, mar¬ riages, and deaths in the town, and perform such other duties of a like nature as the law requires.

Town Treasurer. — It is the duty of the Town Treasurer to keep safely all moneys intrusted to him, receiving the town’s money from the Collec¬ tor of Taxes, from the creditors of the town in payment of bills due to the town, moneys re¬ ceived from the state for specified purposes and from any other sources from which the town may receive money. He is to pay out this money on the orders of the proper town officers in accord¬ ance with law, and in payment of bills against the town when certified or audited by the proper officers. The Town Treasurer is also required to look after the invested funds of the town, re¬ ceiving the interest or income from such funds, and making a report as occasion may require from time to time to the town meeting or to the Selectmen.

Selectmen. — The Selectmen or Town Council, or, as they are called in some states, trustees of townships, have the general charge of the ex¬ ecutive business of the town. They call the town meetings. In many states they receive and count the votes for state and national offi-

LOCAL GOVERNMENT.

cers, they act as a board of health, where a board has not been appointed, they lay out highways, appoint certain minor officers, they represent the town in suits at law, they draw jurors, in some cases grant licenses, and do many other things, some of which differ in different states.

Assessors of Taxes. — It is the duty of the Assessors of Taxes to make an inventory of all the real estate in the town with the names of the owners thereof, of all personal property and owners, and make a list of the names of all per¬ sons against whom a poll tax is levied. The town having voted the amount of tax to be raised, the assessors will subtract from this sum the amount of all poll taxes, and then determine the percentage which is necessary to raise the remainder of the required tax from the total tax¬ able property of the town. The tax list is then turned over to the Collector, whose duty it is to notify each person what his tax is and demand payment thereof. This notice usually states when and where the tax may be paid, and if not paid within the time allowed by law, then the Collec¬ tor must institute measures in accordance with law for its collection from the property assessed.

Constable. — It is the duty of the Constable, like a police officer, to make arrests in accordance with law of persons charged with crime. A Con-

LOCAL GOVERNMENT.

stable having arrested a person will hold him as prisoner and convey him to a safe place of deten¬ tion, keeping him in custody until he shall have a trial and be acquitted or sent to jail. It is the duty of the Constable also to serve warrants and writs, summon witnesses, and to perform all such duties as are laid upon him by law.

School Committee. — Our people maintain in all the states and in all the territories a system of free schools. These schools are not established and maintained by national authority, but by state and territorial laws. In some states the schools are sustained by the state government, under uniform state laws, the state holding in its hands absolute control of all public .schools within its jurisdiction. In such-cases the state provides for the appointment generally of county superin¬ tendents and county school boards, the township having but little jurisdiction in the matter. In most of the older states, in the eastern part of the country, the township system prevails. In this section the state usually has a Board of Education and makes laws concerning the schools and their general management, but leaves the particular care of them to the towns. In such cases there is usually a state appropriation for school pur¬ poses, and another appropriation by each town, according to its needs. In this case the schools

LOCAL GOVERNMENT.

of the town are placed under the control of the School Committee elected by that town. This Committee usually consists of three or more per¬ sons, generally an odd number, who, in accordance with the laws of the state, have the entire manage¬ ment and control of the public schools. In most states having School Committees they examine the teachers, grant them certificates, fix the rate of wages, approve the bills for payment, build, repair, and keep in order the school-houses, arrange courses of study, examine the schools, determine rules and regulations for them, etc.

Overseers of the Poor. — These officers have charge of the poor people belonging in the town, who have no relatives to support them, making proper arrangements for their support, either in the almshouse — sometimes called the poor-house

— or boarding them in private families. In some cases this duty is assigned to the Selectmen.

Road Commissioners or Highway Surveyors.

— These officers have charge of all the necessary repairs on the highways and of the building of new roads when ordered by the town.

The duties of other town officers need not be specified.

Herrick’s “ Powers and Duties of Town Offi¬ cers in Massachusetts ” gives the following as the law in that state concerning town meetings:

LOCAL GOVERNMENT.

“ Every town meeting shall be held in pursu¬ ance of a warrant under the hand of the select¬ men, directed to the constables or to some other persons appointed by the selectmen for that pur¬ pose, who shall forthwith notify such meeting in the manner prescribed by the by-laws or by a vote of the town. The selectmen may by the same warrant call two or more distinct town meetings for distinct purposes.

“ The warrant shall express the time and place of the meeting, and the subjects to be there acted upon; the selectmen shall insert therein all sub¬ jects which may, in writing, be requested of them by any ten or more voters of the town, and noth¬ ing acted upon shall have a legal operation, un¬ less the subject-matter thereof is contained in the warrant.”

The following is the form of the warrant for calling the Annual Town Meeting in the state of Massachusetts: —

Warrant for calling the Annual Town Meeting.

E-, ss. To either of the Constables of the town

of B-, in the said county, Greeting :

In the name of the Commonwealth of Massachusetts, you are directed to notify the inhabitants of the town of

B- qualified to vote in elections and in town affairs,

to meet at the Town Hall in said B-, on - the

LOCAL GOVERNMENT.

- day of - next, at-o’clock in the forenoon,

then and there to act on the following articles : —

1. To choose a moderator to preside in said meeting.

2. To choose all necessary town officers for the year ensuing.

3. To hear the annual report of the selectmen, and act thereon.

4. To raise such sums of money as may be necessary to defray town charges for the ensuing year, and make appropriations of the same.

And you are directed to serve this warrant, by post¬ ing up attested copies thereof, one at the Town Hall, and one at each of the public meeting-houses in the said town, fourteen days at least before the time for holding

said meeting. The polls will open at-o’clock, a.m.,

and will close at-o’clock, p.m.

Hereof fail not, and make due return of this warrant, with your doings thereon, to the Town Clerk, at the time and place of meeting as aforesaid.

Given under our hands this-day of-, in the

year one thousand eight hundred and-.

Selectmen of B-

[Note to the Teacher. — Object lessons are the most effective of all lessons. It is the practice of some of our best teachers to have the scholars conduct a mock town meeting. Previous to the day on which the town meeting is held, the teacher should write off, or have written, a warrant, which should be posted in some convenient place in the school-house, signed by the selectmen, previously appointed from the scholars by the teacher. A town constable and a town clerk should also be previously appointed; — the constable to post the warrant and make returns thereon, and the town clerk should call the meeting to order, and preside until a moderator be elected.

2 6

LOCAL GOVERNMENT.

On the day the town meeting is held, the school should organize and carry through the forms of such a meeting according to the warrant already posted. If it be an Annual Town Meeting, let the town officers be elected by ballot, let the business of the town, as embodied in the warrant, be conducted in order, and the meeting finally adjourned.

Any skilful teacher who has a few bright scholars in the school (and what school has not?) will find this practice of holding town meetings or of holding mock courts, or a Legislative Assembly, as the House or the Senate, to be of much interest and of great value to the school.]

Section III.—-Cities

When the population of the town becomes' so large that it would be difficult to transact public business in the town meeting, it is customary all over the country for the town, by a majority vote, to apply for a city charter. In some states a special act of the Legislature is necessary to grant a charter for the new city. In other states a charter may be obtained, under circumstances defined by law, from the officers of the state in accordance with a general statute for the incor¬ poration of cities. This charter must be ac¬ cepted by a majority of the legal voters at the town meeting called for that purpose. The charter defines the duties of the several officers to be chosen under it.

The City Government. — The City Govern¬ ment is vested in the Mayor and the City Coun¬ cil. The Council may consist of two bodies, (i) a

LOCAL GOVERNMENT.

Board of Aldermen and (2) a larger board called a Common Council, or it may consist of but one body, a Board of Aldermen and no Council, or a Council and no Board of Aldermen.

The Mayor is elected by the voters of the whole city. The Aldermen are in some cases elected by wards and in others on a general ticket for the whole city. The members of the Com¬ mon Council are usually elected by wards.

The city, like the town, has its school commit¬ tee, assessors of taxes, overseers of the poor, clerk, treasurer, collector of taxes; and it usually has a superintendent of streets, officers of the fire department, a city solicitor, a city physician, au¬ ditor, city marshal or chief of police, and some¬ times other officers. Many of these officers are appointed by the City Council rather than elected by the people.

Mayor. — The Mayor is the executive officer of the city. He must see that the laws are en¬ forced, and that subordinate officers are faithful in their duties. He makes recommendations to the City Council. Usually he has a veto power over the Council similar to the veto power of the Governor over the legislature. The Mayor in some cases is considered as a member of the Board of Aldermen, and presides over them. In other cases he presides over them but has only

LOCAL GOVERNMENT.

the casting vote. In other cases still he is not connected with the Board of Aldermen.

The Aldermen. — The Board of Aldermen have powers and duties corresponding, to those of the selectmen in the towns. They draw jurors, issue warrants for ward meetings, and in legislative matters have joint power with the Common Council.

City Council. — The City Council, whether consisting of one body or of two, have the power to fix the salaries of officers, to levy taxes, borrow money, make appropriations for the various de¬ partments of the City Government, and in gen¬ eral to care for the public interests of the city. The City Council pass .what are called ordi¬ nances relating to public matters, like the con¬ struction of sewers, the erection of buildings, obstruction of streets, prevention against fires, punishing vagrancy and truancy, and whatever is needful for the preservation of property, the public health, and the general well-being of the city.

The town organization, as has been seen, is a democracy, while the City Government is repre¬ sentative. The executive power of the mayor and aldermen in the city corresponds to that of the selectmen in the town. The legislative power in the city is found in the City Council instead

LOCAL GOVERNMENT.

2 9 of the whole body of voters as in the town. The City Council elects inferior officers instead of the people as in the town. In the city, voters meet in districts or wards for the election of officers, while in towns all the voters usually meet in one body. In some instances, however, large towns have been divided into voting precincts.

Section IV. — Counties

The state is divided for convenience in local government into counties, or into counties and towns. In the south and some portions of the west, the states are only divided into counties. In New England and some of the Middle and Western States, the counties are sub-divided into towns or townships. The division into counties is found in every state except Louisiana, which is divided into parishes.

In all states where the counties are divided into towns, the town is the unit of government, and in some states more important than the county. Where the counties are not thus di¬ vided, the county is the unit of government. Where towns exist, the local government is divided between the county and the town. Both counties and towns are corporations.

County Commissioners. — In most of the states, but especially in those states where the local gov-

LOCAL GOVERNMENT.

ernment is vested in the county rather than the town, the chief executive officers for the counties are called County Commissioners. In some states there are officers called supervisors, and the super¬ visors of the several towns in the county form a board of supervisors for that county. These boards have the care of the public property of the county and attend to all matters of building or repairing public buildings, such as the court¬ house and county jail. In those states where no towns are found, or where the county officers have more political power than those of the towns, these county boards or county commis¬ sioners exercise large powers with regard to schools, taxes, highways, bridges, ^etc.

County Treasurer. — Each county has a Treas¬ urer who has the custody of all moneys belonging to the county, receiving the funds and paying them out as required.

County Auditor. — In some states there are officers called County Auditors, whose duty it is to examine and certify bills against the county.

Recorder or Registrar of Deeds. — In most states each county has a Recorder or Registrar of Deeds, whose duty it is to keep permanent records of all deeds, mortgages, and other written instruments which are required by law. In a few states these records are kept by the town clerks in the several towns.

LOCAL GOVERNMENT.

Sheriff. — Each county has a Sheriff, or, as sometimes called, a Deputy Sheriff, to distinguish him from the High Sheriff of the state. It is the duty of the Sheriff to execute all warrants, writs, and other processes intrusted to him by the courts, to arrest persons accused of crime, and to have charge of the county jail and its prisoners.

Coroner. — It is the duty of the Coroner to inquire into the causes of the death of persons who have died suddenly or by violence. The Coroner summons a jury, who examine witnesses and give their opinion in writing as to the man¬ ner and cause of the person’s death. This is called a Coroner’s inquest.