An elementary civics for the schools of Illinois

Foreword

The study of the National Government is in no wise complete without a proportional study of State and Local Government, since these are after all but a part of the general system of National Government. State and Local Government are as rich in detail as National Govern¬ ment is; and it is this fact that renders it a difficult matter to write a text-book on State and Local Government presenting the essential facts, conditions, and principles without making it too cumbrous. It is the object of this text-book to place the study of State and Local Govern¬ ment in its proper rank by a more extensive discussion than is usually accorded to this department of civics, but at the same time an endeavor has been made to confine these discussions within moderate compass.

With each session of the General Assembly there is a change in many of the small details of State Government. Some of these changes, al¬ though small, are important, others have little effect and are of little value to the student of Illinois civics. It has been the author’s aim to emphasize those features of Local and State Government which are most permanent and essential.

To the well-trained, energetic teacher no text-book is sufficient in itself. Such teacher will look about for additional material out of which to create a greater interest. Biography plays such an important part in the teaching of either history or government that the conscientious teacher will insist upon much outside work in that line from the student. Government is decidedly a study of men in action. Therefore, the teacher of government realizes the value of the study of biography as a means of enriching the subject and of creating a lively interest in class work.

Too much emphasis can scarcely be laid upon the use of material illustrations. Local officers of the town and township ought to be pointed out. The official work each has to do ought to be mentioned. The police force, the fire department, the mail carrier, the truant officer are all acquaintances of the children in school. Their part in the govern¬ ment cf the state and nation may be made topics of great interest. The county court-house, containing the county offices, is not far away; primary elections and local conventions are held in every precinct; dis¬ trict court is held at the county seat; a state institution may be near enough for the teacher and the class to visit; or they may visit the State Capitol at Springfield. These outside matters, so difficult to include in a text, may be so correlated with the daily class exercises as to result in great benefit to the student.

The Government of Illinois ....

. 123

The Constitution of the State of Illinois.

Articles of Confederation ....

. 258

Naturalization.

Glossary ........

i

Index .

IX

A CIVICS

FOR

ELEMENTARY SCHOOLS.

Chapter I. Government In The American Colonies

Formation and Growth of Government. — The chief cause that led the colonists from England to leave their native land and seek homes in a new and unsettled coun¬ try was dissatisfaction with the home government.

If we trace the formation and growth of the governments established by these people in the new country—growth which finally resulted in the Government of the United States under the Constitution — we shall have a fair under¬ standing of the principles of our present government. We shall also learn that a government is not the product of the brain of one man or of the deliberation of a group of men; on the contrary it is a gradual growth, resulting from a long series of events.

Early Colonial Governments. — Let us glance at some of the early governments of the colonies and note briefly their weak points, which subsequently had to be modified, at the same time learning the results of the change.

It will be remembered that the first settlers of Massa¬ chusetts limited the privilege of voting to church members, thus making religion a test of citizenship. In Virginia, the early governors were appointed by the Crown, and, with the exception of John Smith, were weak and corrupt. In Georgia, the last of the colonies settled, the whole government at first was in the hands of a few of the wealthier people, the common people having no vote what¬ ever.

In New Jersey, after 1702, the governor and the council were appointed by the king. The assembly only was elected by the people — and these men held office for an indefinite time. The laws passed by the assembly and the council were of no avail if the governor failed to sign them ; and even after he had approved them, the king could refuse to sanction them. This refusal by a governor to sign bills passed by a law-making body is called a veto (I forbid). The courts in New Jersey were established by the governor and the council, and the decision of these courts could be sent to England for final decision. A member of the elected assembly was required to have a certain amount of property, and a voter was also required to possess property.

The Three Functions of Government. — From this simple outline of the government of New Jersey we observe that there are three parts or functions of govern¬ ment: first, the body of men who make the laws, these being called the legislature ; second, the governor or exec¬ utive, who executes or enforces the laws; third, the courts, who interpret or tell the meaning of the law.

These three parts or functions are necessary to complete any good government. If the legislature should pass a law making cruelty to children a crime the governor would execute the law through an officer, who would arrest the person charged with cruelty, and the courts would decide whether the law had been violated, by fully interpreting it as to this particular case.

The Connecticut Charter.— Most of the colonies had a form of government more or less like this one of New Jersey at some period of their colonial existence. The Colony of Connecticut, however, had a more liberal set of laws. This was a direct result of the oppressive nature of the Massachusetts laws. People from Massachusetts emigrated to Connecticut in 1635, because they were dis¬ satisfied with the church qualification for voting. They drew up a set of laws which permitted the people to elect the governor and members of the senate and the assembly. The members of the senate were the same as members of the council in other states. The legisla¬ ture organized the courts, and the governor saw that the laws were enforced. This original set of laws was substantially approved in the form of a charter by the king and was more liberal than the charter of any other colony.

Having left England because of oppressive laws, the colonists were continually on the outlook to maintain the rights they had obtained and for which they had made so many sacrifices. England, however, did not always respect the wishes of the colonists.

Unjust Acts of Parliament. — The English Parlia¬ ment passed many laws affecting the American colonists without consulting or considering the legislative bodies of the colonies. Some of these laws were very oppressive, as the Stamp Act, which was intended to raise money from the colonists, but gave them no voice in spending the money so obtained. The Quartering Act obliged the col¬ onists to support soldiers in a manner subversive of indi¬ vidual rights.

One of the most remarkable sets of laws passed by Parlia¬ ment is known as the Navigation Acts. These Acts were remarkable in that they took from the colonists, in the im¬ portant matter of commerce, all three functions of govern¬ ment— the legislative, the executive, and the judicial.

England Usurps Functions of Government.—In

passing these Acts, Parliament deprived the colonists of some of their legislative rights, by limiting the right to ship American products in English vessels only, and for¬ bidding the colonists to bring goods into America except through England, thus giving English merchants an un¬ necessary profit on the merchandise.

In enforcing these obnoxious laws, England usurped the executive function of the colonists, by having the American coasts patrolled by her warships and arresting people who imported goods in violation of the navigation laws. She then tried the people thus captured in her own admiralty courts, thus taking away the judicial function from the colonists.

People who were courageous enough to make homes in a

CIVICS FOR ELEMENTARY SCHOOLS H wilderness would not be long imposed upon by laws like these without making a struggle.

War for Independence Shows Necessity of Union. — The struggle which ensued we know as the American Revolution or War for Independence. The experience gained from these English laws, largely aided the future American nation in forming their own government. This will be made manifest as we proceed, if we note the care the people used in avoiding the obnoxious features of the colonial system, at the same time taking into their govern¬ ment what was good in the system of laws in England, despite their differences with the mother country. Much of the judicial function of our country to-day is founded on that part of the English system, known as the Common Law of England. The Common Law in great part is made up of the early customs of the people in their intercourse with one another. When the clash came between the people and the executive power of England in the form of the British Army, it was immediately appreciated by the colonists that some sort of union was necessary; and to govern a union some set of laws must be recognized by those who form it.

Shall the Union be Strong or Weak? —An army and a navy had to be organized. These must be fed and cared for. To do this required money. Without united effort on the part of the colonies these results were impossible. During the war the idea of union did not go much beyond what was needed to accomplish these results. While some of the wisest of the statesmen of that period strove for a strong, united government, the colonies were jealous of one another, and were competitors and oppo¬ nents in everything except opposition to the common enemy — England.

The remark of the statesman, Patrick Henry, of Virginia, "I am not a Virginian but an American,” shows the senti¬ ment of but few of the people at that time.

In 1778, the French minister, Gerard, wrote to France, "The States of the South and of the North, under existing subjects of estrangement and division, are two distinct parties.” This expresses the condition of mind of the people at large concerning close union.

First Continental Congress.— In 1774, an effort was made by the colonists, in a Congress held at Philadelphia, to obtain from England their rights. This Congress con¬ sisted of delegates from all the colonies except Georgia. It met September 5, 1774, resolved that obedience was not due to any of the recent acts of Parliament, and adjourned to May 10, 1775. When it assembled on that date at Philadelphia, hostilities had commenced. "The shot heard round the world” had been fired at Lexington.

This Congress, without any express authority from the colonists, carried on the war, borrowed money, made treaties with foreign governments, and, in fact, assumed all three functions of government— legislative, executive, and judicial — till the adoption of the Articles of Confeder¬ ation by all the States, in the year 1781, made the League of States.

Articles of Confederation. — The members of the Continental Congress, as early as 1776, felt that some form of united government should be adopted by the states; but it was not until 1781 that the states could be induced to consent to placing any of their powers as inde¬ pendent governments in the hands of a central government.

And when this form of government was finally assented to by the adoption of the Articles of Confederation, it was no improvement upon the old method of government by the Continental Congress, which body worked without any written agreement of the states.

The requests of the Congress to the states for men and money were granted or not, as the states saw fit. During the war, the states, inspired by patriotism, put forth their utmost efforts in aiding Congress, as their agent, to expel the common enemy. When tlie war was practically ended by the surrender at Yorktown, the states, not being held together for mutual protection from invasion, resumed their old jealousies; and it will be readily understood that a strong set of laws was necessary to hold them together.

Weakness of the Articles of Confederation ; Mu¬ tiny.— A glance at the history of this period will show whether or not the Articles of Confederation were satisfac¬ tory. The fatal defect of the Articles was that from them was omitted entirely the executive governmental function. On June 2, 1783, a few soldiers of the Continental army drove the whole Congress from Philadelphia to Princeton. There being no executive authority to act, the members o i

CIVICS FOlt ELEMENTARY SCHOOLS

Congress were obliged to flee for their lives from a small band of mutinous soldiers.

Rebellion; Interstate War. — A rebellion broke out in Massachusetts, in 1786, under Daniel Shays, and Con¬ gress had no power to put it down. Pennsylvania drove a number of Connecticut settlers in the Wyoming Valley into the woods to starve; and at one time war was threatened between these two states. During this period. New York sent troops to the New Hampshire boundary to settle a dispute concerning territory, and Congress, lacking the executive function, was powerless to act.

No Taxing Power. — Another omission in the Articles was that of the power to tax, and without this power Congress could raise no money. Its only resource was to ask the states for money, and the states often neglected to give their respective shares.

In the treaty which was signed at the conclusion of the Revolutionary War, the United States agreed to pay cer¬ tain debts to British subjects; but having no money, nor power to raise it, they could not meet their obligations. England, using this as an excuse, refused to give up many of the western fortifications, and part of our territory was still occupied by a foreign nation.

No Power to Regulate Trade. — The Congress had no power to regulate trade between the states, and this resulted in confusion. New York State placed a tax on firewood from Connecticut, and on farm produce from New Jersey, forcing the farmers to pay duties on the chickens, pigs, and garden produce they brought to New York City. New Jersey retaliated by taxing a lighthouse $1,800 a year, which New York State had built on New Jersey soil. This lighthouse was necessary for the safe entrance of vessels into New York harbor.

No Permanent Judiciary. — There was no provision in the Articles for a permanent court, thus omitting the judicial function of government.

No Power to Make Treaties. — Foreign nations would make no treaties with the United States, as there was no power to enforce the treaties ; and, as was aptly said by European nations, they did not know, when they were dealing with our representatives, whether they were deal¬ ing with one nation or with thirteen states.

The people could not help but observe the weakness of the government at that time, as it was unable to protect the people at home, and was held in contempt by the nations abroad. These being the conditions, Congress, in 1787, urged the states to hold a representative convention "for the sole and express purpose of revising the Articles of Confederation.”

Constitutional Convention. — When delegates to this convention assembled in May, 1787, they came to the con¬ clusion that no amendments or alterations which they could make to the Articles of Confederation would give a good government.

These delegates saw, as we have seen, that two of the three functions of government were entirely wanting in the

Articles, and they concluded that it would be preferable to draw.up a new set of laws embodying all three functions of government than to try to add so many new features to Articles already tried and found wanting.

The Convention pursued its deliberations behind closed doors, free from the influence of popular clamor, and finished its work September 17, 1787. The result of these careful deliberations is the Constitution of the United States. This was sent to the Continental Congress then sitting in New York City ; the Continental Congress trans¬ mitted copies to the several states for their ratification.

Ratification of the Constitution. — During the next few months conventions met in most of the States for the purpose of ratifying the Constitution, and by July 26, 1788, all the States, except North Carolina and Rhode Island, had ratified it.

These two States came into the Union later: North Carolina on November 21, 1789, and Rhode Island on May 29, 1790.

The Convention set forth very concisely in the following preamble the reasons for establishing the Constitution :

"We, the People of the United States, in order to form a more perfect union, establish justice, insure domestic tranquillity, provide fpr the common de¬ fense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.”

Perfect Union and Justice. — The wise men who met

at Philadelphia, understood the necessity of a "more per¬ fect union” because foreign nations had refused to make treaties with us until we were united; hence these words in the preamble. Under the old Articles the judicial function of government was practically omitted, and the delegates, therefore, learned from this weakness that they must " establish justice ” by providing a system of courts.

Domestic Tranquillity.— The strife between Pennsyl¬ vania and Connecticut, the troubles on the New York State boundary, and Shays’ Rebellion most emphatically warned them to do something " to insure domestic tran¬ quillity.”

Common Defense. — The fact that English troops still occupied some of our western forts was a notice to them "to provide for the common defense.”

General Welfare. — The power exercised by the several states of putting duties on the products of sister states, and the ensuing quarrels among themselves, did not "promote the general welfare.” This also was to be an aim of the convention in its work.

Security of Liberty. — The people appreciated that they had wrested liberty from England, but under the Articles there was very little prospect of their keeping it. The grand purpose of the convention is summed up in the words, "secure the blessings of liberty to ourselves and our posterity.”

The Constitution has been in force for more than one hundred years. Acting under it as a set of laws for its regulation, the United States Government has taken its place among the nations of the earth, and has carried out during these years all the functions of an independent government.

It has made treaties with foreign countries, it has carried on wars, established lighthouses, protected its coasts, con¬ structed public works and buildings, provided a post-office, fixed a sound money currency, and has performed all the duties of a great and strong government.

If then, we examine the effects of this Consitution on the history of the government, as the lapse of years tells the story, we shall have not only a knowledge of our own gov¬ ernment, but a knowledge of the general principles of government; for all good governments are founded on the same general principles.

QUESTIONS ON CHAPTER I

1. What was the chief cause that led the colonists from England?

2 . How may we get a fair understanding of the principles of our present government ?

3 . The first settlers of Massachusetts limited the privilege of voting to whom ?

4 . How were early governors of Virginia appointed?

5 . What was the first government of the colony of Georgia?

6 . What form of government obtained in the colony of New Jersey after 1702 ?

7 . What is a veto ?

8 . Were the decisions of the Colonial New Jersey Courts final?

9 . Was a property qualification required of the colonial New Jersey voter, of a member of the Assembly?

10 . What are the three functions of government ? Illustrate.

11 . Explain the Connecticut charter.

12 . What was the Stamp Act?

13 . What was the Quartering Act?

14 . What were the Navigation Acts?

15 . How did England usurp the functions of government in these Acts?

16 . How .is the common law of England made up in great part?

17 . Were the colonies united?

18 . When was the first Continental Congress held?

19 . What resolution did it adopt?

20 . To what date did it adjourn ?

21 . What had happened between the two meetings?

22 . What did this Congress do?

23 . When were the Articles of Confederation adopted?

24 . Were the Articles of Confederation any improvement upon the government by the Continental Congress? Why?

25 . Were the requests of the Continental Congress to the States for men and money always granted ?

26 . After the surrender at Yorktown, what attitude did the States assume toward one another?

27 . What was the fatal defect of the Articles of Confederation?

28 . What happened on June 2 , 1783 ?

29 . When did Shay’s Rebellion occur? Did Congress have power to put it down ?

30 . What did Pennsylvania do to a number of Connecticut settlers ?

31 . What did New York do regarding New Hampshire?

32 . Did the Articles of Confederation authorize Congress to tax the States ?

33 . On account of this omission, state the unpleasant position the United States was placed in by the treaty between it and Great Britain at the clos^ of the Revolutionary War?

34 . Did the Articles give Congress the power to regulate trade ?

35 . Did the Articles provide for a permanent judiciary?

36 . Did the Articles give Congress the power to make treaties?

37 . What did Congress urge in 1787 ?

38 . What conclusion did the delegates to the Constitutional Conven¬ tion come to regarding the Articles of Confederation? Why?

39 . When did the Constitutional Convention finish its work?

40 . When was the Constitution ratified?

41 . Give the preamble to the Constitution?

42 . What do you understand by “more perfect union?”

43 . What do you understand by the phrase “to establish justice?”

44 . Why were the words “domestic tranquillity” put into the preamble ?

45 . State the reason for putting the words “common defense” into the preamble.

46 . Why were the words “general welfare” put in?

47 . The grand purpose of the Convention is summed up in what words ?

48 . Under the Constitution what has the United States government done?

49 . By examining the effect of this Constitution on the history of the government we shall have a knowledge of what ?

Chapter II. The House Of Representatives, Or Lower House Of Congress

Each state in the Union has a constitution similar to the United States Constitution, and counties and towns, in their governments, have the foundation principles that may be discovered here.

The Convention divided the government into three de¬ partments or functions — the legislative, the executive and the judicial — and carefully described each department by laying down in detail how the department is to be made up, what its duties are, and the qualifications of the per¬ sons in each department.

As laws must be made before they can be either executed or judged, the first Article of the Constitution deals with the legislative function. We will examine this Article to discover how the people avoided the errors of the old gov¬ ernment, and also to learn how the Article has worked as a law in actual practice.

Article I

Section 1. w All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Rep¬ resentatives.”

By " powers herein granted ” the Constitution refers to powers given to the United States by the states. For in¬ stance, one of the powers so granted is that of declaring war. This power which we see is vested in Congress was exercised by Congress when in 1812 it declared war with England and in 1898, when war was declared against Spain.

Section 2. 1. "The House of Representatives

shall be composed of members chosen every second year by the people of the several States, and the elector in each State shall have the qualifications requisite for electors of the most numerous branch of the State Legislature.”

The members of the House of Representatives are the only officials of the United States elected directly by the people, the term of office being two years.

Qualifications of Voters.—The qualifications of the electors, or voters, may differ in different states, according to the qualifications of the voters for the most numerous branch of the legislature in the different states. Each of the states has a legislative body similar to Congress, one branch bein^ more numerous than the other.

We may observe how the qualifications of voters differ in different states by noting that in Massachusetts voters are required to read, in Georgia persons otherwise qualified are excluded from voting if their taxes are not paid. In some states citizens only are allowed to vote, while in others a person declaring his intention to become a citizen is allowed to vote. In all states, however, residence for a certain time is required. Attention is here called to the distinction between a citizen and a voter: The state determines the qualifications of a voter, and we shall learn in a subsequent clause of the Constitution that the United States determines the qualification of citizenship. It is well that this is so, as the United States is bound to protect its citizens at home and abroad, and, therefore, should have the sole right of defining citizenship.

Section 2. Clause 2. "No person shall be a Representative who shall not have attained to the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State in which he shall be chosen.”

As each Representative has one vote, the reason why he should be an inhabitant of the state that sent him to the Congress is evident; as, living in the state, he would represent its people better than a non-resident who would be ignorant of its wants.

Clause 3. "Representatives and direct taxes shall be apportioned among the several States which may be included within this Union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, includ¬ ing those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons. The actual enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of Repre¬ sentatives shall not exceed one for every thirty thousand, but each state shall at least have one Representative; and, until such enumeration shall be made, the State of New Hampshire shall be en¬ titled to choose three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.”

The Census. — This enumerating, or counting, of the people is called the census. The first census was taken in 1790, and a census has been taken every ten years since. As a result of the first enumeration, the House of Repre¬ sentatives, from 1793 to 1803, consisted of 105 members, allowing one for every thirty-three thousand.

Number of Representatives in the Lower House.— Congress has lowered this ratio of representation at each census since the second, until by the census of 1910, the ratio is one Representative to 214,717 persons; for, had these changes not been made, the number of Representa¬ tives in the Congress would be too great to do any legisla¬ tive business. The last census, in 1910, showed our popu¬ lation to be about ninety-three millions. If the ratio of one

Representative for each thirty thousand had been continued the House of Representatives would to-day consist of more than 2,500 men, a number far too great to act harmoniously and promptly on the nation’s business.

The words, "three-fifths of all other persons,” refer to slaves, and are thus explained : If a state contained twenty-five thousand free persons and fifteen thousand slaves, its census, for the purpose of representation and direct taxes, would be twenty-five thousand free persons plus three-fifths of fifteen thousand slaves — nine thousand : a total of thirty-four thousand.

As'slavery has been abolished by the thirteenth Amend¬ ment, the part of the clause referring to slaves is not now in effect.

Taxes — Direct and Indirect. —Taxes are the sums of money the people give the government to pay the expenses of carrying it on. The judges must be paid, the public property cared for, the army and navy provided for. The public works for the general welfare all require money for their maintenance, and this money comes from the people in the form of taxes.

Taxes are of two kinds, direct and indirect.