A shorter course in civil government

Front matter

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Preface

THE first attempt ever made to present the subject of Civil Government in a really didactic form was made by the author a few years ago, through his "Analysis of Civil Government." Although the method was entirely new and therefore open to fair criticism, that work has been received with favor, and is used as the text-book on the subject by many of our most prominent institutions of learning. From its first appearance, the call for it has increased to an extent both flattering to the author and gratifying to the publishers.

But it would be difficult, if not impossible, to prepare a text-book on any subject equally adapted to all grades of scholarship. A book may meet the wants of a college or university, which may not be convenient for use in preparatory schools. Hence, while the " Analysis of Civil Government " has proved its entire fitness for the higher institutions, the calls have been numerous from teachers of common, select, and grammar schools, for a shorter textbook, but on the general plan of the "Analysis."

Thousands of our live, earnest, devoted educators believe with a working faith that the day is not distant when civil government will be in the list of compulsory studies in the common school. From many of this class of faithful laborers the author has received letters urging and encouraging him to the preparation of this little volume. One correspondent says, " The common schools do not call for a better book than your ' Analysis of Civil Government,' but for one that is shorter, simpler, and more easily taught to the boys and girls of ages from twelve to sixteen years. Your 'Analysis' is all that could be asked in high schools, normal schools, and even colleges and universities."

iU iv PREFACE.

This little volume is not intended to take the place of the author's larger work, herein referred to. Every teacher who uses this will find that book a great convenience, if not a necessity, on his table. It dwells more at large and in detail on many matters that are but very briefly noticed in these pages.

The peculiarities of this class-book are in some degree the result of friendly suggestions from sources already credited, and are as follows: —

1. The matter is presented by topics and in analytical form.

2. The chapters are divided into lessons, each of convenient length for class drill.

3. For convenience in teaching, each lesson is immediately followed by questions relating to the subject-matter thereof.

It has not been thought necessary to take up the governments of the States and their subdivisions and treat them one by one as independent and separate systems. There is such a marked similarity of the several State governments to each other and of all to the government of the United States, that whoever understands the grand plan of the latter will readily comprehend the general features of any State government by a mere glance at the State constitution.

As this edition is designed specially for use in Missouri, however, it has been deemed advisable to insert a brief treatment of the government of that State. This treatment, embraced in Chapters XXIL to XXVI. inclusive, and prepared under the supervision of Prof. J. M. White, of Carthage, Mo., will enable the pupil to appreciate the general similarity as well as the slight differences between the State and Federal governments.

The author submits the result of his effort to the candid and enlightened judgment of the great army of educators in the United States. He has labored under a most painful burden in this last attempt at authorship, — one which he fervently prays that neither teacher nor pupil may ever personally realize. He alone can fully appreciate the embarrassment under which this work has been written who has himself attempted a similar task with sightless eyes.

CONTENTS,

CHAP. PAGE

I. Civil Government , . . . , . . ' i

II. Settlement of America .... = . 13

IIL Articles of Confederation . . o , . 17

IV. Origin of the Constitution ..... 20

V. Constitution of the United States of America . 25

VI. Branches of Government 46

VII. Preamble to the Constitution , , . .52

VIII. Congress 58

IX. House of Representatives 00.. .0 62

Xo Senate o s 79

XI. Provisions Common to both Houses , . .95 XII. Powers of Congress . o . . • • • "o

XIIIo Lawmaking o . 149

XIV. Prohibitions on the United States o . « 154 XV. Rights of States „»,..» o- 167 vi CONTENTS.

CHAP. ' PAGE.

XVI. State Subordination . . . o . . 178 XVII. State Prohibitions . . . ... . .182

XVIII. Personal Rights ...<.. o . 189 XIX. Executive ......... 202

XX. Vice-President . . , . . ■. . . 222

XXI. Judiciary 227

XXII. Government of the State of Missouri . . 243

XXIII. County, Township, and School District . . 259

XXIV. Taxation ; . 267

XXV. Education 270

XXVI. The Militia .275

Constitution of Missouri 277

Short Civ. Gov. Mo. Ed.

Chapter I. Lesson I. — Civil Government

The word "government," in its general and comprehensive sense, signifies that influence and power which one person or thing exercises over others. The mainspring of a watch, for instance, governs the movement of that machine. Gravitation governs the motions of the heavenly bodies, and, to some extent, of all others.

A father governs his family. The mayor and aldermen of a city govern the affairs of that corporation. The president and professors of a college or univer- Definition of sity are called the faculty, who govern the Government. institution, as the schoolmaster governs his school. The sovereign of a nation governs the people of whom it is constituted. No nation could exist, as such, for a single month without organized government in some form or other. No citizen could enforce hiS rights to security of property and personal safety against the attacks of the vicious and depraved. He would not be safe under his own roof, but would be in constant danger while sleeping in his own bed and reposing on his own pillow.

This would be a condition of fearful anarchy. Under such a state of things, no person could feel the least interest in the accumulation of property, for it would be sure to be wrested from him by the hands of thieves and robberSo He could feel no incentive to the cultivation of fields and gardens, for they would be despoiled by ruthless vandals and reckless marauders.

Without the power of government in some organized form, the sufferers from such outrages could obtain no redress, except through those retaliatory measures that must lead to anarchy and bloodshed among the parties concerned. There would be no tribunal by which to try, condemn, and by whose authority to punish, such offenders. The weak must surrender to the strong, and right must give way to might. Mere physical force and brutality would triumph over justice and reason. The strong man, like the strong beast of the forest, would be king among his kindred. But, under the authority of good government, the bad man, however gigantic in form and strength, may be restrained in his vices, and punished for his crimes.

As here used, the word " government ^' signifies the organized means and power that a state or nation employs for the purpose of securing the rights of the people, and of perpetuating its own existence.

Government is of various forms, depending on the choice of those who have the power to establish it. The Forms of Govern- most ignorant nations are governed by

ment varij. tyrants and despots, who rule without any regard to the welfare of their subjects. The caprice of the sovereign is the law ; and it must be obeyed, though the heads fall from the shoulders of a thousand subjects at a blow. Nothing but the profoundest ignorance of the' people could give security and stability to the throne of the despot. " Despotism is the only form of government which may, with safety to itself, neglect the education of its infant poor." The despot rules without regard to a constitution or laws.

Hence history shows that the more despotic the government, the more ignorant the common people. Let the people be educated the world over, and despotic governments would be known only as institutions of the past. They would be lost in bygone history.

The statesman knows that a form of government well adapted to the condition of a refined and intelligent people is not the form adapted to a people sunk in ignorance and superstition. The common schoolhouse is an enemy to despotism, and the friend to free government. Intelligence qualifies the citizen for self-government. It enables him to judge for himself on all questions aifecting the public interest. He is not satisfied when denied a voice in their decisions.

While a free government, like that of the United States, is the best possible form for an intelligent and virtuous people, on the other hand, it is the very worst for the ignorant and depraved. Under the sway of the latter class, the power of administration would be likely soon to fall into the hands of political intriguers and ambitious demagogues.

The safety of our government depends entirely on the virtue and intelligence of the common people. An ignorant voter, with the ballot in his hand, may do as much damage to the commonwealth as the mercenary legislator or a corrupt executive.

The following are the principal forms of government known in history: I. Patriarchal; 11. Theocratic; III. Monarchial ; IV. Aristocratic ; V. Dem- principal Forms ocratic; VI. Republican. In some coun- of Govemutent. tries there may be a combination of two or more of them, while in others there may be a modification of any one of them.

I. The patriarchal was the first and is the oldest human government. It is family government, or that form exer-

^ CIVIL GOVERNMENT.

cised by the father over his family. From the necessary relations of a father to his household, this kind of

1. Patriarchal government is founded in nature. It ex- Governrnent. jgted from the earliest ages, long before

states and nations were known, and while there were but few inhabitants on the earth. It was the only form until several centuries after the Flood. It still exists in some parts of Asia, Africa, and among the North American Indian tribes. Indeed, in a limited sense, it prevails wherever there is a household to govern, though perhaps not in the ancient mode. Strictly speaking, it lies at the foundation of all good government. When every father becomes a true patriarch at home, the national security will rest on the moral sense and intelligence of the people.

II. The theocratic form of government belongs, in history, to the Old Testament ages. A theocracy is a form of

II. Theocratic government under the immediate direction Government, ^nd administration of God. The ancient Israelites were governed in this manner for nearly fifteen hundred years. They received their law on Mount Sinai by direct revelation from God. This form of government became extinct at the dawn of the Christian era.

III. A mojiarchial form of government is one that is administered by a monarch. The country, kingdom, or em- III. Monarchiai pire over which he exercises jurisdiction is

Government, called a monarchy. It is that form of government in which the supreme authority is vested in a single person, who is called the monarch. He may be otherwise called king, emperor, czar, shah, sultan, or by any other term significant of his position.

With reference to the power vested in the sovereign, monarchies may be divided into two classes: i. Absolute;

2. Limited.

I. An absolute monarchy is one over which the sovereign rules with absolute power, holding himself responsible to no earthly tribunal for what he sees fit to do. He not only makes the law by which to govern his i. Absolute subjects, but interprets and executes it ac- Monarchy. cording to the caprices of his own will : in other words, his arbitrary will is the law of the realm. He does not, indeed, in all cases attend personally to the details of his government ; but he appoints subordinate officers for this purpose. Their tenure of office, their salaries, and even their lives, are at his disposal. If, in his tyranny, he order that a hundred or a thousand of his hapless subjects shall be decapitated, their heads are severed from their bodies.

Such a ruler is a despot, and his government a terrible despotism. Morocco, Afghanistan, and some other Oriental countries, are absolute monarchies.

2. A limited mou7ixch.y is a government in which the sovereign is restrained by a constitution and established laws. These laws have their force by the deci- 2. ijimited sions of the courts, by long-established Monarchy. usage, and by the enactments of the legislative authority.

The monarch is simply the executive branch of the government. He can execute the laws, but he cannot make them. The court, not the king, interprets them. The Parliament makes the statutes, though the assent of the sovereign is essential to their validity ; but that assent is rarely withheld. The sovereign of a limited monarchy has no right whatever to disregard the laws of his kingdom or empire : like his humblest subjects, he must obey them. Such a government may be called a constitutional mon^ archy.

With reference to the sovereign's title to his throne, monarchies are of two classes : {a) Hereditary ; {h) Elective.

(a) Under an hereditary monarchy the sovereign obtains his title to the throne by birth. The oldest son of the deceased monarch takes the crown of his father by inheritance.

If there is no son, the oldest daughter succeeds to the

(a) Heieditari/ throne of the father. Edward VI. of

Monarchy. England, though but a lad in years, succeeded to the throne of his father, Henry VIII., in preference to his sisters, Mary and Elizabeth, both of whom were much older than the boy-king. At his death, having reigned but six years, Mary, his elder sister, was crowned. At her death, five years thereafter;, the younger sister, Elizabeth, was crowned Queen of England.

Had Edward married, and become the father of children, they would have been heirs to the throne, to the exclusion of Mary and Elizabeth,

William I., a foreigner, obtained the throne of England in a single battle, fought in 1066 on the north shore of the British Channel He is known in history as William the Conqueror. That single conflict of arms at Hastings decided who should occupy the throne of that country for more than eight hundred years, and probably for more than a thousand. The crown of royalty has rested on the brow of his descendants ever since the twenty-fifth day of December, the year of that eventful struggle. Yet not one of this long line of kings and queens has ever ascended the throne by the formal, expressed choice of English subjects. In many instances it has been occupied by foreigners, and in every case it has been claimed by right of birth.

(5) An elective monarchy is one whose sovereign is elected

to the throne by his subjects, or by those holding official

(6) Elective positions giving them a voice in the pro-

MonarcMj. cccding. He is elected for life. There

have been but few such monarchies.

IV. An aristocratic government is one in which the power TV. Arutoe^afio ^o rule the affairs of state is vested in the

Government. hands of a fcw persons, — a select body

CIVIL GOVERNMENT.

of men. Aristocracy signifies a government of the best or by ttie best. They may hold their positions by right of birth or by appointment.

A government is said to be aristocratic the constitution of which establishes privileged classes, as the nobility and clergy, and intrusts the government entirely to them, or allows them a very disproportionate share in it. Such was formerly the government of Venice ; and some of the Swiss cantons are governed in the same manner. More or less of this element pervades the most powerful governments of Europe. It is wholly absent in the government and Constitution of the United States. We have no orders of nobility, and no privileged classes.

V. A democratic form of government is one in which the ruling power, or the principle of sovereignty, is exercised by the people. Strictly speaking, it is one v. Democratic under which the people assemble together Government. at stated times, and all have a voice in making the laws by which they promise to be governed.

By the word " people," as here used, the qualified voters only are included. The qualifications to vote are generally defined by a constitution, called the fundamental law of the nation. Proper age, male sex, citizenship, and residence are the usual conditions for a voice in public affairs.

Some of the cities of ancient Greece acted under this form of government, and some of the smaller Swiss cantons govern themselves by the same mode; but it is a very unwieldy, clumsy method, and utterly impracticable in a state of considerable population, or breadth of territory.

VI. A republican form of government is a representative government. The state or nation yi. Republican is governed by laws made by representa- Government. tives chosen by the voters at elections held at stated times, and most of the officers of government are elected in substantially the same way. The officer or representative is chosen by the people, and is their agent or servant.

A full definition of the word " republican," as generally understood, necessarily includes the element of democracy. The people's voice is heard in the election, and this is democratic. But the law-making and law-executing are done by those who are elected for these purposes. The latter is the republican element, or representative feature.

Hence the government of the United States is democratic-republican. The term " republican," however, is the one by which it is usually known. Defined by the extent and peculiarities of jurisdiction, the country known as the United States has two distinct classes of government. These are: i. State; 2. Federal.

I. Each State, known and defined by geographical

boundaries, has a dependent republican government of its

J. state own. Before it entered the Federal Union

Governments, jt posscsscd all the attributes of national sovereignty. It could make treaties and form alliances ; it could declare war, grant letters of marque and reprisal, and conclude peace ; it could raise and support armies and navies ; it could coin money, and emit bills of credit, and, in short, exercise all the prerogatives of an independent nation.

But these powers, and several others, were surrendered to the General Government when the State became a member of the Federal Union. On assuming this relation, the States ratified the Constitution of the United States. By this act all the States not only created a new government over themselves, but entered into entirely new relations to each other. They accepted a Constitution as the bond of their union.

CIVIL GOVERNMENT. g

This bond clearly defines what they severally resign for the common good, and what they reserve.

2. The Fede7'al Government is the outgrowth of this union of the several States. The form of this government is, like that of each of the several States, 2. Federal republican. It has, like the States, three Government. distinctive branches or departments : the legislative, exec= utive, and judicial.

The Nation has its president, and the State has its governor; the Nation has its vice-president, and the State its lieutenant-governor. The Nation has its Congress, and the State its Legislature. The Nation has its federal judiciary, and the State has its system of courts. In many other respects the pupil will find a close analogy between the State and Federal government. If he will make himself well acquainted with the Constitution of the United States, he can easily acquire a general knowledge of any State government by attentively reading its constitution. He will find that in many particulars the State constitutions are not only similar to each other, but in numerous instances bear a striking resemblance to the Constitution of the Federal Government.

Although six specific forms of government have been defined, they are either monarchial or democratic in character, or a mixture of these. Patriarchal Governments and theocratic are definite forms of the compared. monarchial The rule of an empire by one man is of the same class. God governed the Israelites by direct authority; the father governs his family by direct command j and the will of the absolute sovereign is the law for his millions of subjects. These several types of the monarchial form are called by different names, because thereby the exact relations of sovereign to subjects are more clearly expressed^ lO CIVIL GOVERNMENT.

The democratic form is a government " of the people^ by the people, and/^r the people." A republican government might be defined by the same words. The sovereignty is in the people, but is exercised indirectly. They choose their own officers, law-makers, and law-interpreters. In a few instances the officers are chosen by intermediate authority ^ but this method is sanctioned by the people.

A government purely aristocratic, as generally defined^ can hardly be found in history^ certainly not of long continuancCo This element may be combined with the monarchial or democratic, and it usually is ; but as an independent government it must be a usurpation. It excludes all idea of authority except what is assumed : for, if the aristocratic rulers derive their power from the sovereign of a kingdom or an empire, the monarchial form appears ; if, on the other hand, they are elected or appointed by the people, directly or indirectly, the democratic form appears. In either case there is not an indepe7ident aristocracy, but one that is dependent on the form to which it is attached or allied.

In all monarchies of modern times, whether absolute or limited, this element is present. In Great Britain, for Orders of instance, there is a titled nobility, distinct Nohiiity. from the royal family. It consists of several orders: dukes, marquises, earls, viscounts, and baronso Orders of nobility sit in the shadow of every earthly thronCc Without them, royalty itself must languish and die.

Political Maxims.

1. The good of the governed is the only true object of every gov=

ernment.

2. That government under w^hich the rights of all persons are not

equally protected is organized injustice.

CIVIL GOVERNMENT. II

3. Under a genuine republican government there are no political

distinctions of birth.

4. An intelligent people cannot live under a government in which

they have no voice.

5. For a moral and intelligent people a republican government is

the best in the world ; for an immoral and ignorant people it is the worst.

6. The Constitution of the United States should be carefully

studied by every American citizen.

7. Every citizen should be familiar with the constitution of his

own State.

8. Every enfranchised citizen should exercise his right of suffrage.

9. No citizen should approach the ballot-box ignorant of the ques-

tion to be decided by his vote.

10. The Constitution of the United States lies at the foundation of

all political knowledge relating to this country.

11. Schoolhouses and schoolmasters are forts and garrisons to a

republic.

12. In the United States the ballots of ignorant voters are more to

be dreaded than the muskets of foreign soldiers.

Questions.

1. What does government mean ?

2. What examples are given ?

3. What could we do without government?

4. Why would we be unsafe without it ?

5. What are the advantages of government ?

6. What does the word " government" here signify?

7. What about the forms of government ?

8. Who govern the most ignorant nations ?

9. How do despots rule ?

10. What does history show as to ignorance ?

11. What does the statesman know?

12. What is said of the schoolhouse ?

13. What is said of the government of the United States?

14. On what does its safety depend ?

15. What is said of the ignorant voter?

16. What forms of government are known in history?

17. In what is the first founded ?

18. What is said of it ?

Short. Civ. Gtov.— 2

19. Where does it now exist?

20. What is said of a theocratic form ?

21. When and over whom did it prevail 1

22. Where did the Israelites receive the law ?

23. What is said of a monarchy ?

24. By what terms may monarchs be known ?

25. How are monarchies divided ?

26. What is an absolute monarchy?

27. What countries are despotisms ?

28. What is a limited monarchy ?

29. What is the limit of the sovereign's power over it ?

30. What may such a government be called ?

31. What is said of a sovereign's title to his throne ?

32. What example is given ?

33. What is said of William the Conqueror ?

34. What did the battle of Hastings decide?

35. What is an elective monarchy?

36. What is an aristocratic government ?

37. Where have such existed ?

38. What is said of it in Europe and in the United States ?

39. What is the democratic form ?

40. How are the qualifications to vote defined?

41. Where has the democratic form prevailed ?

42. What is a republican government ?

43. What is that of the United States ?

44. What is said of State governments ?

45. What changes in the States on entering the Union ?

46. What is the Federal Government ?

47. How are the State and general government compared?

48. What are the two J>nncipal forms of government?

49. What are the others ?

50. What is said of the democratic-republican form ?

51. What of the aristocratic?

52. What is said of this element in Great Britain ?

53. What are orders of nobility there ?

CHAPTER 11.

LESSON II. — SETTLEMENT OF AMERICA.

A COLONY consists of a company of people who associate together for mutual advantage in the settlement of a remote country. Having a common object, ^^^^^^^^ ^^^,^^^^ they generally are induced to thus unite on account of similarity of views on religionj pohtics, or social interest. They may migrate from a single country or nation, or from different countries. A settlement thus formed is called a colony, and this mode of settlement is called colonization.

A colony usually adopts local laws for its own convenience, adapted to its circumstances, but subject to the general laws and government of the country from which the people of the colony emigrated. If they came from England, they would be called an English colony ; if from Spain, they would be called a Spanish colony ; thus taking the name from the country in which the inhabitants had formerly resided.

Different parts of the great North American continent were colonized in the manner just named. Five hundred years ago nothing was known of America to the Europeans. It had not then been discovered. When Columbus first landed on these shores, the country was one vast wilderness, inhabited by rude and ignorant savages, having no knowledge of law, government, religion, science, literature,

1 3

14 CIVIL GOVERNMENTc

or art. They had no churches, no schoolsj no gardens, no farms. They lived by hunting and gathering fruits and roots of spontaneous growth. They clothed themselves The American wlth the skins of beasts. As to their food, Colonies. they knew not how to preserve it ; made no provision for the future, but were dependent on each day^s efforts for each day's supply. Hence starvation might overtake them any day. They lived in rude huts and wigwams, and slept on the bare ground through all seasons of the year.

On account of religious and political intolerance and persecution in the countries of Europe, and other home grievances, thousands of people left their native country in the Old World and migrated to the New. Here they planted colonies all along the coast of the Atlantic in North America. These settlements were for the most part made by English subjects, and in the course of time the Colonies were all brought under the authority of the British Crown.

When territory is found uninhabited at the origin of new settlements therein, it is usual to adopt the laws of the nation from which the settlers have migrated, so far as they may be found applicable to the new condition of things.

Although this country was occupied by a wild, uncultivated, and savage population, without law or government in any civilized sense, the Colonists chose to consider themselves as settling an uninhabited territory. As a large proportion of the new settlers of these Colonies were from England, they would naturally lean to the jurisprudence of that country.

It must be remembered, also, that the Colonies were nearly all settled under the patronage and favor of Great Britain. Those that were not soon came under the jurisdiction of the British Crown.

SETTLEMENT OF AMERICA.

The growth of the Colonies was slow and gradual, extending through a period of from one hundred to one hundred and fifty years. The following are the dates of their first permanent settlements : —

Virginia c . . . , 1607

New York, 1614

Massachusetts. . „ » 1620

New Jersey. » 1620

New Hampshire ..1623

Maryland 1634

Connecticut. 1635

Pennsylvania o 1643

North Carolina. 1663

South Carolina 1670

Over these Colonies the British Government maintained supremacy for more than a hundred years. But the latter part of the eighteenth century the Colonies jj^e declaration became so disaffected towards the govern- «/" independence. ment of England, on account of what they regarded as oppressive measures of the British Parliament, that they were induced to declare themselves independent of the authority of that country. This formal act of separation is called the Declaration of Independence. It was made in a congress composed of delegates from all the Colonies, on the fourth day of July, in the year one thousand seven hundred and seventy-six.