Studies in civil government

Front matter

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G.Wm. Refnmuller, washiNOTON, d. c

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Preface

This book was not made to order, but has grown out of the personal experience of the author, who for twenty-five consecutive years sent out annually a class of boys from an English high-school course of study. Every member of each class completed a course in civil government, including the memorizing and careful discussion of the constitution of the United States. The study of our republican government and governmental history was always fascinating. It led to a somewhat wide range of reading. Intense interest in this study has resulted in the publication of this book, which endeavors to set forth with great plainness of words and becoming brevity the history, the principles, and the essential facts of our peculiar government, local, state, and national.

The work is designed for practical use in the school-room as a class text-book, adapted especially to the highest iv PREFACE.

class in the grammar schools, and to any class in the high schools of our country.

The author is well aware that the philosophical method of teaching is by analysis. Under certain favorable circumstances he would prefer to begin with the national government, leaving the treatment of the state and local governments to follow. He believes, however, that an elementary treatment of any branch of study for young pupils — a treatment which might with propriety be called the natural method — should precede a fuller and more scientific presentation of the same subject for mature minds.

It will readily appear that pupils of the highest grade in a grammar school are already familiar, in a general way, with town, county, state, and nation; yet it is far easier, as well as more philosophical, for the pupil, at this stage, to begin his study of government with home matters, pertaining to the town or the county. After this he will be able to grasp and comprehend affairs of the state and nation.

A text-book for general use in the schools of all parts of the land cannot be expected to give detailed instruction concerning the peculiarities of state constitutions, laws, and their modes of operation. Nor is this necessary, inasmuch as the various state constitutions and governments are so nearly alike in essentials, and follow so closely the order of the national government, that a knowledge of the United States constitution and its workings is quite sufficient for all practical purposes.

It would also be difficult to adapt a text-book in other respects equally well to the minutiae of civil affairs for the

PREFACE. V

older and the newer states. In some sections of our country the township is the important unit of government; in other parts the county forms such a unit, without sub-divisions. In this book much is made of the township, because it is believed that the township system presents certain advantages with which the pupil should become familiar. The operation of county affairs differs so much in different sections, that it is somewhat difficult to elaborate the county government as fully as might seem desirable in certain parts of our land.

The attention of the teacher is called to the necessity of dwelling particularly upon the subjects treated in Part I. It is hoped that the historical portion will receive careful attention, since a clear knowledge of the facts therein contained seems essential to the best understanding of the foundation of our government, national and state.

The author acknowledges his indebtedness to the various text-books upon this subject in wide use throughout the country. He has given close attention to the best of them ; and while appreciating their good qualities, has not hesitated to follow a different treatment of the subject wherever his experience in the school-room has shown it to be preferable.

Elliot's Debates, Towle's Analysis, Von Hoist's Constitutional History, Brownson's American Republic, De Toqueville's Democracy, Curtis's History of the Constitution, Hildreth's History, Farrar's Manual of the Constitution, Pitkin's Political and Civil History of the United States, Mansfield's Political Manual, and various public documents, — such as the Manual of the United States House of Reprevi PREFACE.

sentatives, the Manual of the Senate, and the Congressional Directory, — are commended to the attention of thoughtful teachers. Every high school should have a class in this subject; and every teacher of such class would find great advantage from having upon his table a copy of the revised Statutes of the United States.

The American public school is properly subject to severe criticism for not making more prominent the study of our civil polity and our republican institutions. Public taxation for the support of public schools offers its best defence in the necessity of teaching the privileges and duties of American citizens.

This book is sent forth to the teachers of America, with the hope that it will be found useful in teaching the essential facts and principles of our good republican government. For its defects it asks a kindly forbearance.

Dorchester, Oct. i, 1887. W. A. M.

NOTE TO THE FIFTH EDITION.

Several events have occurred in the three years since the first edition of this book was issued, which have been carefully noted in this edition, and the necessary corrections made. President Harrison's administration, the establishment of the department of agriculture, and the admission of the six new states, North Dakota, South Dakota, Montana, Washington, Idaho, and Wyoming, are examples of these changes.

A briefer book, treating the subject in a more elementary manner, for use in the grammar and ungraded schools, has been prepared and is now published.

Dorchester, Oct. 1, 1890. W. A. M.

Appendix

I. Declaration of Rights 217

II. Declaration of Independence . . . . . . 223

III. Articles of Confederation 229

IV. Electoral Count Bill . . . . . . . . 240

INDEX 247

ILLUSTRATIONS.

A View in Washington Opposite title-page. *

The Old State House, Philadelphia .... " page 51 > -

The National Capitol " " 63 r

Floor Plan of Capitol at Washington ... " " 8j *-

Floor Plan of Senate Chamber " "93 /,-

Floor Plan of the Hall of the House of

Representatives " " 99 ^

The Patent Office, Washington " " 120 ^

The New State, War, and Navy Building . . " " 182 .

The New State Capitol, Albany, N.Y " " 206 ,

Chapter I. Town And City Government

Man a Social Being. — A life of solitude is unnatural. Man everywhere enjoys society. In all parts of the world and in all time people have lived in communities.

Need of Government. — Whenever men live in a community, they are placed under certain mutual obligations. Unless these obligations were regarded, society would prove a failure. Man is selfish as well as social. The weak must, therefore, be protected from the strong. Moreover, there are common interests which require united action. This united action may be for the common defence of the community or for the general welfare of all.

The Township. — The unit of government is generally the town. In many parts of our country this is called a township. Where the population is dense and houses are close together, side by side, so that within a small area there is a large population, the government is generally under the form of a city. A town includes the people who are permanent residents within a certain limited and prescribed territory, usually occupying but

2 TOWN GOVERNMENT.

a few square miles. In the western part of our country, where the national government has plotted the land, a township is six miles square.

A Town Government. — The government of a town, or township, is in the hands of the people permanently residing within the limits of that township. These people combine together for the protection and mutual good of all. This is the fundamental principle of government. To carry on this government and make the necessary provisions for the mutual good of the inhabitants of the town, taxation is resorted to. The people, therefore, come in contact with the government, first of all, in the way of taxation. Taxes are levied by a majority vote of the citizens assembled in town meeting.

Town Meeting. — The people of the town meet together annually upon a day appointed by law, and elect the town officers, vote a tax such as they deem necessary to carry on the affairs of the town, receive reports of the town officers for the past year, and decide what shall be done during the year to come.

Taxes. — Money is ordinarily raised by taxation for the following purposes, namely : the support of the public schools, making and repairing highways, the care of the poor, maintaining the fire department, paying the salaries of the town officers, paying for the detection and punishment of offenders against the law, maintaining burial grounds, planting shade trees, providing for disabled soldiers and sailors and their families, and in general for all other necessary expenses.

Town Officers, (i) Moderator. — The town meeting is presided over by an officer called the moderator, who is elected at each meeting for that purpose.

TOWN GOVERNMENT. 3

(2) Town Clerk. — The town clerk is elected annually, and is required to keep a record of all votes passed at town meeting ; to administer requisite oaths to officers ; to record births, marriages, and deaths in the town, and the name of the town officers elected ; to make necessary returns to county officers or to officers of the state, and to perform such other duties as are specified by law, differing somewhat in different sections of the country. The town clerk usually calls the town meeting to order, reads the warrant under which the meeting is held, and presides until a moderator is chosen.

(3) Selectmen. — The town is a corporation, and must have some officer or officers to represent it, to act for it, and to attend to the general business of the town. In some states this officer is called a supervisor. In others, several persons are elected, called, in some states, trustees of townships ; in other states, selectmen ; and in others, the town council. In New England, the powers and duties of these officers are greater than in other sections of the country, because, from the time of the earliest settlements, the town has been a more important division of the state here than elsewhere.

(4) Town Treasurer. — There is usually elected at the town meeting, a town treasurer, who receives all sums of money belonging to the town, and pays the same to the order of the proper officers. He must give bonds for a faithful performance of his duties. He is required to make an annual report to the town of his receipts and expenditures.

(5) School Committee. — Generally throughout the country each town or county elects a board of school committee, or school directors. In some states the mem-

4 TOWN GOVERNMENT.

bers of the school committee are elected annually, and in other states they are elected for three years, one-third of the board being elected each year. This board has the general charge and superintendence of the public schools of the town or county.

In most of the states the school committee elect the teachers of the public schools, make contracts with them, fix their salaries, etc. In some of the states they examine the teachers as to their qualifications to teach and to govern, visit the schools, arrange the courses of study for the different grades of school, see that the schools are properly managed, that the instruction is correctly given by the teachers, and have the power to dismiss teachers for cause at any time. In many of the Western states these duties fall largely upon the county superintendent of schools. The school committee are required to make an annual report to the town or county of the condition of the schools, with such suggestions for their improvement as they think proper.

(6) Surveyors of Highways. — The town chooses one or more surveyors of highways. Frequently the township is divided into districts, and a surveyor appointed for each district. In some cases the town creates a board of road commissioners, who have the general charge of the roads and bridges of the town. In those states where the county is more prominent the roads are under county superintendence.

(7) Assessors of Taxes. — These officers are elected by the town, and it is their duty to make annually a list of the names of all taxable inhabitants, to estimate the value of all property, real and personal, and to assess a tax upon the same. In addition to this property tax

TOWN GOVERNMENT. 5

a poll tax is laid in many states, which consists of a fixed sum, generally one or two dollars, to be paid by each male resident of the town, over twenty-one years of age. In some cases this poll tax is restricted to those who do not pay a property tax.

Property is usually considered as either real estate or personal property. Real estate means land and permanent buildings upon the land. All other kinds of property are called personal property. Both kinds of property are subject to taxation.

(8) Collector of Taxes. — Each town may choose a collector of taxes. In some states the constable collects the taxes. The collector gives bonds to the town for the faithful discharge of his duties. The tax must be paid within a specified time. If not so paid, the collector may seize upon the property and sell it at public auction, refunding to the owner all that is received above the tax and cost of collection.

(9) Overseers of the Poor — It is the duty of these officers to provide for the support of paupers belonging to the town, who have no relatives able to support them. This provision is made in different sections in various ways. In some states there is in each county a poor-house, to which the paupers of the towns are sent, and the expense charged by the county to the towns severally. In other states each town maintains its own poor-house or arranges with private individuals for the support of the paupers.

In some states various other town officers are provided for : such as, field-drivers, to take up and hold in safe keeping stray cattle ; a pound-keeper, whose duty it is to care for stray animals committed to his custody by

6 CITY GOVERNMENT.

the field-drivers ; fence-viewers, surveyors of lumber, measurers of wood, sealers of measures, etc.

Summary of Town Officers. — The moderator, town clerk, selectmen, town treasurer, school committee, surveyors of highways, assessors of taxes, collectors of taxes, overseers of the poor, field-drivers, pound-keepers, fence-viewers, surveyors of lumber, measurers of wood, sealers of weights and measures.

Most of these officers are elected annually, and must be sworn to the faithful discharge of their duties.

Cities, Villages, and Boroughs. — Every township acts as a corporation. Whenever a town or a particular portion of a town has become thickly populated, a different kind of government is needed. The houses being close together, there is greater danger from fire. A fire department is therefore needed. Sidewalks, paved streets, street lights, police, and other advantages must be provided which are not required in the smaller towns. In accordance with state laws a charter may be obtained, and the town becomes incorporated as a city, a village, or a borough, with certain privileges and powers such as are enumerated above.

Incorporated cities are common throughout the whole country. Incorporated villages are confined to certain states. In Connecticut and Pennsylvania, an incorporated village is called a borough. Ordinarily the word village means only a collection of houses, or of people living near one another.

Charter. — The charter describes the boundaries of the city or village, names its officers, and prescribes their powers and duties.

City Officers. — The chief executive officer of the

CITY GOVERNMENT. 7

city is the mayor, whose position is one of great importance.

His duties are various, — often onerous and difficult, — and his powers must be, in the nature of the case, somewhat unlimited. He is the executive officer of the city. It is his duty to see that the laws of the city are properly enforced, and in general to supervise the conduct of subordinate officers. He may call special meetings of the city council and give such information and make such recommendations as he shall deem necessary. In some cases he presides over the board of aldermen. He usually has the veto power similar to that of the governor of the commonwealth.

Aldermen. — The city is divided into wards of convenient size, in each of which is usually chosen an alderman (sometimes two) and such other officers as are prescribed in the charter. Sometimes two or more wards have but one alderman. In some cases the mayor and aldermen constitute the city council, which is a kind of legislature, having power to pass such laws as the government of the city requires. The city laws are commonly called ordinances. In other cases, another, larger board is elected, called the common council. In some cities it is the custom for each ward to elect annually or otherwise a warden and a ward clerk. In some cases inspectors or judges of elections are appointed from the great political parties, whose duty it is to receive, sort, and count the ballots cast at elections. The duties of the warden correspond somewhat to those of the moderator at the town meeting. The ward clerk keeps a record of the proceedings of the ward meeting.

The city usually elects a school committee or a board

8 CITY GOVERNMENT.

of education, assessors of taxes, overseers of the poor, city clerk, treasurer, collector of taxes, superintendent of streets, engineers of fire departments, a city physician, a city solicitor, an auditor of accounts, and sometimes other officers. In some cases these officers are elected by the people, in other cases by the joint vote of the two branches of the city council, and in others still, they are appointed by the mayor and confirmed by vote of the aldermen or the council.

Village Officers. — The chief executive officer of an incorporated village is usually termed president of the village. The village has also a board of trustees or directors. The president of the village is generally chosen by the trustees from their own number.

Chapter II. The Objects Of Government

We have treated briefly some of the functions of govbiflment as related to the town and city. What has now been considered may prove sufficient to prepare the way for a brief discussion of the province and objects of government. It is sometimes said that the sole functions of government are to maintain peace and execute justice. These are, undoubtedly, the primary functions of government, but let us see if they cover the entire case.

We have found that the town or city not only assesses and collects taxes and appoints constables to arrest wrong-doers, but it also appoints overseers of the poor, school committee-men or school directors, surveyors of highways, — officers not required to maintain the peace and execute justice.

All civilized governments consider themselves bound to perform other duties of an entirely different character from what pertains to peace and justice. When our fathers framed the constitution of the United States, they gave in the preamble to that instrument an admirable definition of the province of government. This preamble reads as follows : —

" We, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defence, promote the

I0 THE OBJECTS OF GOVERNMENT.

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."

The first of these six objects of government, namely : " To form a more perfect union/' grew out of the fact that this government was to be a union of thirteen separate colonies. Omitting that, the remaining five points in this admirable exposition of the objects of government are — observe them carefully : (i) To establish justice, (2) To insure domestic tranquillity, (3) To provide for the common defence, (4) To promote the general welfare, (5) To secure the blessings of liberty to ourselves and our posterity.

Justice. — The first object is, therefore, to establish justice; — to see that each person has his rights, and is not interfered with in the exercise of these rights.

Peace. — The second is to maintain the peace within the borders of the government, and the third to take care that peace is also preserved as against enemies from without.

The General Welfare. — The fourth clause : — " To promote the general welfare" — is one that requires here our special attention. In the earlier times, as illustrated in the feudal system, the principal object of government seemed to be to protect the people from enemies from without ; that is, from foreign nations, tribes, and peoples.

Military Government. — The basis of this government was essentially military. In process of time, as the race progressed and improved, the danger from without diminished, and the danger from within increased ; that is, the government found less to do in providing for the common defence, and more to do in insur-

THE OBJECTS OF GOVERNMENT. Ir

ing domestic tranquillity. To preserve the peace from wrong-doers within became more important than to preserve the peace from wrong-doers without. This condition of affairs after a time brought us to the second stage of the government theory. The first was the military period, to preserve from enemies without.

Police Government. — The second became the police period, to protect from wrong-doers within. During the past two or three hundred years this has seemed to be the particular province of government, — to insure domestic peace and justice. The typical officers of government during this period were the magistrate, the constable or sheriff, and the judge.

A Higher Ideal. — Within the last century, however, we have largely advanced into a third period of governmental theory, which has made more and more prominent the grand object and purpose of promoting the general welfare of all the people, of bearing constantly in mind the question, not what interferes with the public good, not to punish wrong-doing, but what will promote the public good, what will tend to right-doing. It is quite apparent at the present day that the government should occupy itself more and more with this province of its work, and that the government of the future will be not like the government of former times, a military despotism, nor like the government of a later period, a great police organization, but rather a great political corporation, whose duty it is to take such active measures as will best conduce to the highest welfare, to the greatest happiness of the people, constantly bearing in mind that we of the present generation, in view of the blessings received from the past, are in duty bound to provide for

12 THE OBJECTS OF GOVERNMENT.

future generations the best possible conditions for their development and happiness. This is "to secure the blessings of liberty to ourselves and our posterity. ,,

In this view of government the foundation principle would be, that the government has the right and is charged with the duty to promote the public welfare, by all legitimate measures in which that welfare can be better secured by the government than by individual, private enterprise.

Summary. — Let us then summarize the great duties of the government. They may be stated as follows : (i) To provide for the common defence against foreign nations, (2) To secure the people under the government against domestic violence and personal injustice, (3) To promote the general welfare of the people by carrying on all those great enterprises which are necessary, and which reason and experience show can be better carried on by the government than by private means. Under this head we have found the town government maintaining schools and building highways. We shall hereafter find that our national government establishes and maintains post-offices, by which correspondence can be conducted and printed information disseminated throughout the whole country, easily, promptly, and at slight expense.

The national government also maintains a light-house system for the general advantage and protection of commerce. It spends a large amount of money each year for the protection and improvement of harbors and rivers, also in the interests of commerce. It provides for broad and careful scientific observations, in order to secure those advantages which accrue from a better

THE OBJECTS OF GOVERNMENT. 13

knowledge of geography, astronomy, and the laws of physics, chemistry, meteorology, etc., etc.

The government surveys public lands and attends to the recording of deeds, which are the evidence of ownership in lands. We shall find that some of these matters are left to the national government, others to the state government, and yet others are managed by the county, and the city and town governments.

Some persons are of the opinion that it would be wiser to leave the post-offices, roads, light-houses, public education, and all matters of this kind to private enterprise. Such a movement, however, would result in disastrous failure. Many persons, on the other hand, are strongly of the opinion that, before many years, the government will find itself under obligation, in promoting the public good, to assume the control of the railroads of the country, telegraph, and telephone lines, and the work of the express companies. Undoubtedly the true rule which should govern in this matter is this : whatever the people in their individual capacity can do as well should be left in their hands. Whatever the public good requires that the government should undertake should be committed to the government.

The motto should be, "the best means to promote the greatest good to the greatest number." The ends to be sought are the most healthy development, the greatest good, the highest and largest happiness to the whole people. These are the functions of government.

Chapter III. Public Schools

To promote the welfare of the citizens is one of the proper objects of government. This alone would be a sufficient warrant for the establishment of a system of education by the government, but our American plan of public schools is also based upon the fundamental principle of self-preservation. It is an absolute necessity for a republican government.

The perpetuity of a republic depends upon the intelligence and virtue of the people. A monarchy may best sustain itself by keeping the people in ignorance. Like the soldier in the army, the first duty of a subject is to obey. Yet it has been found that intelligence combined with the musket and the bayonet wins the battle. In a republic, however, which, as President Lincoln has said, is " a government of the people, for the people, and by the people," it is absolutely necessary that the people, the whole people, be intelligent.

Early Public Schools in New England. — Recognizing this, the founders of New England early established the principle, that the property of the state should be taxed to educate the children of the state. Hence public schools were established at a very early date in the New England colonies.

Schools at the West. — During the early part of this century large numbers of emigrants from New

England became settlers in the valley of the Ohio and the upper Mississippi. These pioneers carried with them the New England system of public schools. They were greatly aided in this by a clause in the ordinance of 1787, which was passed by the Continental Congress for the government of the territory northwest of the Ohio river. This famous ordinance provided that schools and the cause of education should forever be encouraged in this territory.

Public Lands for School Purposes. — When the national government platted the public lands, the arrangement was made for cutting up the territory into townships, each township being six miles square. The township was to be divided into sections, each section being one mile square. The sections, therefore, were numbered from one to thirty-six. In pursuance of the policy outlined in the ordinance of 1787, Congress set apart the 16th and 36th sections in each township for the support of public schools. These sections were sold, and the proceeds turned into the treasury of the state. In this way the states of the northwest accumulated a school fund, and each state was, therefore, committed to a public-school system. Hence, education by the state became an established principle throughout that section of our country.

Schools of the South. — Since the civil war, which resulted in the abolition of slavery, the Southern states have adopted a public-school system. Thus the cause of education has progressed until every state in the American Union has an established system of free schools. By this system of public education at public expense each state claims the right to tax the property in the state for the support of the schools, and also the right to make compulsory laws by which every child is obliged- to attend school a required number of weeks each year, for a certain number of years. Some states have such compulsory laws, among the provisions of which is often found a clause which prohibits manufacturers and others from employing children between the ages of ten and fourteen or fifteen years, who have not within the preceding year attended school for a certain number of weeks, as required by law. These schools, therefore, are state schools.

The National Government and Education. — The national government, as such, is not committed to any general system of education, because the policy of the framers of our constitution was to leave in the hands of the states and the people of the states all rights and duties which did not seem necessary to be conferred upon the national government.